[HISTORY: Adopted by the Board of Trustees
of the Village of Rockville Centre 2-22-1971 by L.L. No. 1-1971 as
Ch. 27 of the 1971 Code; amended in its entirety 12-15-2008 by L.L. No.
13-2008. Amendments noted where applicable.]
The purpose of this chapter is to promote, protect
and preserve the health, welfare and property of residents of and
owners of property within the Village of Rockville Centre, by providing
for the removal or repair of buildings, structures and premises that
from any cause may be or become dangerous, unsafe, a public nuisance
or fire hazard.
The Superintendent of Building Department or
the designee of the Superintendent is authorized and designated to
inspect any building, structure or premises within the Village of
Rockville Centre which the Superintendent of Building Department or
the designee of the Superintendent has reason to believe is or may
be, from any cause, dangerous or unsafe to the public, or a public
nuisance or hazard, and promptly thereafter to report to the Board
of Trustees, in writing, with respect to any such inspection. Such
report shall specify the date(s) of inspection, the condition(s) found
which are deemed to be dangerous or unsafe, or a public nuisance or
hazard, an opinion as to the cause of such condition, and recommendations
for correction of such conditions.
Upon receipt of such report, and if the Board
of Trustees shall so order, the Village Clerk shall cause a notice
to be served on the owner or one or more of the owner's legal representatives,
or another person having any interest in the property. Such notice
shall be given by personal delivery, or by certified mail, return
receipt requested, addressed to such person(s) at their last known
address, as shown in the Village tax records and/or in the office
of the Nassau County Clerk. Such notice shall state:
A.
A description of the premises.
B.
The particulars in which the building, structure and/or
premises is unsafe or dangerous.
C.
A description of work or action required to be performed
to make the building, structure and/or premises safe and secure or
remove any hazard.
D.
The time within which such remedial action must be
taken.
E.
That the building, structure and/or premises will
be inspected in the event of failure or refusal to complete such remediation
within such period of time, such inspection to be made by the Superintendent
of Building Department or the designee of the Superintendent, and
by a builder, engineer or architect designated by the Superintendent
of Building Department or the designee of the Superintendent, and
a report of such inspection shall be filed with the Board of Trustees.
F.
That in the event such report concludes that the building,
structure and/or premises remain unsafe or dangerous, the Board of
Trustees may authorize an application to a court of appropriate jurisdiction
for an order determining the building, structure and/or premises to
be a public nuisance and directing such remedial action as may be
required to remove any hazard to the public, and that such remedial
action shall be performed at the expense of the owner of the property,
as the court may determine.
A copy of such notice shall be posted on the
front door of the building or structure or in another conspicuous
location on the building, structure and/or premises within one day
after personal delivery or mailing of the notice.
A copy of the inspection report shall be served by personal delivery or by certified mail, return receipt requested, upon the owner of the property, at the address listed for such owner in the Village tax rolls or the records of the Nassau County Clerk, and a copy thereof shall be posted at the building or structure, in the manner provided in § 122-4 hereof, within one day after such delivery or mailing.
The builder, engineer or architect designated by the Superintendent of Building Department or the designee of the Superintendent, pursuant to § 122-3 hereof, shall receive a fee to be fixed by the Board of Trustees, which fee shall be a Village charge, but which the Village may charge to the property owner. Any unpaid fee shall be and become a lien on said property as of the date of such assessment in the same manner as provided for a lien for unpaid property taxes.
In the event the Superintendent of Building
Department or the designee of the Superintendent determines that a
condition exists which constitutes an imminent danger to the public
or public property, the Superintendent of Building Department or the
designee of the Superintendent may issue such emergency order or determination
as appropriate to protect the public from imminent injury or hazard,
including, without limitation, an order to vacate the building, structure
and/or premises, or an order directing the performance of immediate
remedial work, at the expense of the property owner, as may be necessary
to prevent such imminent injury or hazard.
All costs and expenses incurred by the Village in connection with any emergency action taken by the Superintendent of Building Department or the designee of the Superintendent, pursuant to § 122-7 hereof, or for any judicial proceedings instituted pursuant to this chapter or pursuant to any law authorizing such proceedings with respect to any unsafe or dangerous building or premises shall be assessed against the property and shall be and become a lien on said property as of the date of such assessment in the same manner as provided for a lien for unpaid property taxes. The lien of the Village for such costs and expenses shall have priority over all other liens and encumbrances, except the liens of taxes and assessments which constitute prior liens.
The remedies of the Village as set forth in
this chapter shall not be exclusive, and the Village shall have any
other and further remedy available at law or otherwise, by injunction
or otherwise, pursuant to the laws of the State of New York. Any and
all such remedies shall be deemed cumulative and the pursuit of any
remedy shall not be construed as an election or the waiver of the
right to pursue any and all others.
A.
It shall be unlawful for any person or entity to knowingly
maintain or cause to be maintained, or to knowingly allow or permit
any other person or entity as agent, lessee or otherwise to maintain,
any dangerous, unsafe or hazardous building, structure, or premises,
and any owner, occupant, lessee or other person or other entity who
shall knowingly maintain or cause to be maintained, or knowingly allows
or permits to be maintained, any such dangerous, unsafe or hazardous
building, structure or premises, in violation of any order issued
as provided in this chapter, shall be guilty of an offense and, upon
conviction thereof, shall be fined in an amount as provided by law.
