[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bayville 7-10-1972. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The Building Inspector of the Incorporated Village of Bayville
or any person, organization or firm appointed or retained by the Village
Board to perform the functions or responsibilities of said Building
Inspector and the employees of such organization or firm acting within
the scope of their employment in furtherance of such functions or
responsibilities.
Any building or structure in a business, industrial
or residential section or district that, from any cause, may now be
or shall become dangerous or unsafe to the public may, by resolution
of the Village Board of Trustees, be required to be removed or repaired
so as to make sure such building or structure is safe, provided the
procedure hereinafter provided for has been followed:
A.
An inspection and report shall be made by the Building
Inspector and he shall issue a report to the Board of Trustees that
such building or structure is or may thereafter become dangerous or
unsafe to the public.
B.
After the receipt of such report from the Building
Inspector, the Village Clerk shall notify the owner or the owners,
executors, legal representatives, agents, lessees or any other person
having a vested or contingent interest in the same, either personally
or by registered mail, addressed to the last-known address, if any,
of the owner, or some one of the owners, executors, legal representatives,
agents, lessees or other person having a vested or contingent interest
in the same, as shown on the records of the Receiver of Taxes or in
the office of the County Clerk, containing a description of the premises,
a statement of the particulars in which the building or structure
is unsafe or dangerous and an order requiring the same to be made
safe and secure or removed; and if such service be made by registered
mail, a copy of such notice shall be posted on the said premises.
C.
Such notice shall specify the time within which the
person served shall commence and complete the securing or removal
of such unsafe or dangerous building or structure.
D.
In the event of neglect or refusal of the person served
with a notice to comply with the same, a survey of said premises shall
be made by an official of the Village and a practical builder, engineer
or architect to be named by the Board of Trustees and a practical
builder, engineer or architect appointed by the person notified as
above, and the two surveyors named shall make the survey and report
to the Village Board. In the event of refusal or neglect of the person
so notified to appoint such surveyor, the report of the surveyor named
by the Board of Trustees shall be acceptable. The sent notice shall
contain a statement that, in the event the building or structure shall
be reported unsafe or dangerous under such survey, application will
be made at a special term of the Supreme Court in the judicial district
in which the property is located for an order determining the building
or structure to be a public nuisance and directing that it shall be
repaired and secured or taken down and removed.
[Amended 7-13-1973; at time of adoption of
Code (see Ch. 1, General Provisions, Art. I)]
E.
A signed copy of the report of the survey shall be
posted on the unsafe or dangerous building or structure and compensation
for said surveyors shall be provided for.
F.
All the costs and expenses incurred by the Village
in connection with the proceedings to remove or secure the building
or structure, including the actual costs of securing or removing said
building or structure, in accordance with the order of the court and
including reasonable counsel fees for the Village and all the actual
costs and disbursements incurred in preparing and prosecuting said
proceeding and the compensation for said surveyors, and the fair value
of the services of the Village Building Inspector shall be assessed
against the land on which said buildings or structures are located
and the proceedings for such assessment shall be in accordance with
the Village Law.
[Added 10-27-1980 by L.L. No. 6-1980; amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person committing an offense against any
provision of this chapter shall, upon conviction, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine not exceeding $500 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. The continuance of
an offense for each day (24 hours) shall be deemed a distinct and
separate violation.
