All notices of the violation of any of the provisions of this chapter, and all notices required or authorized by this chapter, directing anything to be done, including notices that any building, structure, premises or any part thereof is deemed to be unsafe or dangerous, shall be issued by the Superintendent of Buildings and shall have his name affixed thereto.
Each such notice or order, in addition to the statement of requirements, shall contain a description of the building premises or property affected.
All such notices and any notice or order issued by any court in any proceeding instituted pursuant to this chapter, to restrain or remove any violation or to enforce compliance with any provision or requirement of this chapter, may be served by delivering and leaving a copy of the same with any person violating or who may be liable under any provisions of this chapter. They may be served by an officer or employee of the Department of Buildings or by any person authorized by the said Department.
If the person to whom such order or notice is addressed cannot be found within the Village after diligent search shall have been made for him, then such notice or order may be served by posting the same in a conspicuous place upon the premises where such violation is alleged to have been placed or to exist, or to which such notice or order may refer, or which may be deemed unsafe or dangerous, and also depositing a copy thereof in the post office in the Village, enclosed in a sealed postpaid wrapper addressed to said person at his last known place of residence, which shall be equivalent to a personal service of said notice or order upon all parties for whom such search shall have been made, whether residents or nonresidents of the State of New York.
In case there shall be, in the opinion of the Superintendent of Buildings, danger to life or property by reason of any defective or illegal work in violation of or not in compliance with any of the provisions or requirements of this chapter, the Superintendent or such person as may be designated by him shall have the right and he is hereby authorized and empowered to order all further work to be stopped in and about said building, and to require all persons in and about said building forthwith to vacate the same, and to cause such work to be done in and about the building as in his judgment may be necessary to remove any danger therefrom.
The Superintendent of Buildings may, when necessary for public safety, temporarily close the sidewalks, streets, buildings, structures or places adjacent to said building or part thereof, and the Chief of Police or any of his subordinates, when called upon by the said Superintendent of Buildings to cooperate, shall enforce all orders or requirements made under this section.
A. 
Authority of Superintendent of Buildings. Whenever the Superintendent of Buildings is satisfied that any drainage or plumbing, the erection, construction or alteration, execution or repair of which is regulated, permitted or forbidden by this chapter, is being erected, constructed, altered or repaired or has been erected, constructed, altered or repaired in violation of or not in compliance with any of the provisions or requirements of this chapter or in violation of any detailed statement of specifications or plans submitted and approved thereunder, or of any certificate or permit issued thereunder, or requirement of this chapter or any order or direction made thereunder has not been complied with, or that plans and specifications have not been submitted or filed as required by this chapter, the Superintendent of Buildings may, in his discretion, institute any appropriate action or proceeding at law or in equity to restrain, correct or remove such violation or the execution of any work thereon, or to sustain or correct the erection or alteration of, or to require the removal of, or to prevent the occupation or use of, the building or structure erected, constructed or altered in violation of or not in compliance with any of the provisions of this chapter, or with respect to which the requirements thereof or of any order or direction made pursuant to any provisions contained therein shall not have been complied with.
B. 
Effect of continuance of violation. Any person who shall maintain or continue any drainage or plumbing in violation of any of the provisions of this chapter after having been duly notified as in this chapter provided that such drainage or plumbing is in violation of any provision of this chapter shall be subject to any action or proceeding and any penalty that is provided in this article for the commission of the violation.
The Superintendent of Buildings shall institute any and all actions and proceedings, either legal or equitable, that may be appropriate or necessary for the enforcement of the provisions of this chapter upon the order of the Board of Trustees of the Village.
In any such action or proceedings the Village may, in the discretion of the Superintendent of Buildings and on his affidavit setting forth the facts, apply to any court of record or to a judge or justice thereof for an order enjoining and restraining all persons from doing or causing or permitting to be done any work in or upon such building or structure or in or upon such part thereof as may be designated in said affidavit, or from occupying or using said building or structure or such portion thereof as may be designated in said affidavit, for any purpose whatever, until the hearing and determination of said action and the entry of final judgment therein. The court or judge or justice thereof to whom such application is made is hereby authorized forthwith to make any or all of the orders above specified as may be required in such application, with or without notice, and to make such other or further orders or directions as may be necessary to render the same effectual. No undertaking shall be required as a condition to the granting or issuing of such injunction order or by reason thereof.
All courts in which any action or proceeding is instituted under this chapter shall, upon the rendition of a verdict, report of a referee or decision of a judge or justice, render judgment in accordance therewith.
Any judgment rendered in an action or proceeding instituted under this chapter shall be and become a lien upon the premises named in the complaint in such action, to date from the time of filing a notice of lis pendens in the County Clerk's office of Nassau County. Every such lien may be enforced against said property in every respect notwithstanding the same may be transferred subsequent to the filing of the said notice.
A. 
Contents; filing. The notice of lis pendens referred to in this section shall consist of a copy of the notice issued by the Superintendent of Buildings, requiring the removal of the violation, and a notice of the suit or proceedings instituted or to be instituted thereon. Such notice of lis pendens may be filed at any time after the service of the notice issued by the Superintendent of Buildings as aforesaid; provided he may deem the same to be necessary or is satisfied that the owner of the property is about to transfer the same to avoid the responsibility for having violated a provision of this chapter.
B. 
Vacation; cancellation. Any notice of lis pendens filed pursuant to the provisions of this chapter may be vacated and canceled of record upon an order of a justice of the court in which such suit or proceeding was instituted or is pending or upon the consent in writing of the Village Trustees. The Clerk of Nassau County shall mark any such notice of lis pendens and any record or docket thereof, as vacated and canceled of record, upon the presentation and filing of a certified copy of an order or of consent as aforesaid.
In no case shall the Department of Buildings or any officer thereof or of the Village be liable for costs in any action, suit or proceedings that may have been or may hereafter be instituted or commenced in pursuance of this chapter.
No officer of the Department of Buildings, acting in good faith and without malice, shall be liable for damages by reason of anything done in any action or proceeding instituted under any provision of this chapter or by reason of any act or omission in the performance of his official duties.
In case any notice or direction authorized to be issued by this chapter is not complied with within the time designated therein, the Village, by the Superintendent of Buildings, may apply to the Supreme Court, at a Special Term thereof, for an order directing the Superintendent of Buildings to proceed to make the alterations or remove the violation, as the same may be specified in said notice or direction.
Whenever any notice or direction so authorized shall have been served as directed in this article, and the same shall not have been complied with within the time designated therein, the Board of Trustees shall, at the request of the Superintendent of Buildings, in addition to or in lieu of any other remedy provided for by this chapter, apply to the Supreme Court, at a Special Term thereof, for an order directing the Superintendent to vacate such building or premises or so much thereof as he may deem necessary, and prohibiting the same to be used for any purpose specified in said order until such notice shall have been complied with.
In case the notices or orders of the Court herein mentioned shall be served upon any lessee or party in possession of the building or premises therein described, it shall be the duty of the person upon whom such service is made to give immediate notice to the owner or agent of the building or premises named in the notice if such person shall be within the limits of the Village and his residence be known to such person, and, if not within the Village, be depositing said notice in the post office in the Village, properly enclosed in a postpaid wrapper addressed to such owner or agent at his then known place of residence.
A. 
Issuance. Any owner of real estate or of a building thereon may execute and acknowledge a written designation of a resident of said Village as a person upon whom may be served any notice of violation, notice to make safe or notice of survey, a summons, a mandate or any paper or process issued under a provision of this chapter, and may file the same with the written consent of the person so designated, duly acknowledged, in the office of the Superintendent of Buildings. The designation must specify the location of the property with respect to which the designation is made and the residences and places of business of the person making it and the person designated.
B. 
Duration; termination. It shall remain in force during the period specified herein, if any, or until revoked by the death or legal incompetency of either of the parties or by the filing of a revocation by either of the parties, duly acknowledged and endorsed with the consent of the Superintendent of Buildings. The Superintendent of Buildings shall file and index each designation and shall note upon the original designation and index the filing of a revocation.
C. 
Effect. While the designation remains in force, as prescribed in this section, a notice of violation, notice to make safe or notice of survey, a summons, a mandate or any paper or process under the provisions of this chapter, or either of the same, shall be served upon the person so designated in like manner and with like effect as it were served personally upon the person making the designation, notwithstanding his presence in the Village.
The expenses and disbursements incurred in the carrying out of any order issued as provided in § 162-3 of this article shall become a lien upon the building or premises named in the order from the time of the filing of a copy of the said order, with a notice of the pendency of the action or proceeding as provided in this chapter taken thereunder, in the office of the Clerk of Nassau County; and the Supreme Court to whom application shall be made is hereby authorized and directed to grant any of the orders above named and to take such proceedings as shall be necessary to make the same effectual; and any Justice to whom application shall be made is hereby authorized and directed to grant any of said orders and to take such proceedings as shall be effectual in behalf of the Village.
Except as hereinafter provided with respect to the amount of the penalty, the owner of any building, structure or part thereof, or wall, or any platform, staging or flooring to be used for standing or seating purposes, or the owner of the land, where any violations of this chapter shall be placed or shall exist, and any architect, builder, plumber, carpenter, mason or other person who may be employed or assist in the commission of any such violation, and all persons who shall violate any of the provisions of this chapter or fail to comply therewith or with any requirement thereof, or who shall violate or fail to comply with any detailed order or rules made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, shall severally, for each and every such violation and noncompliance, respectively, forfeit and pay a penalty in the sum of not less than $10 nor more than $50.
For the recovery of any penalty or penalties enumerated in § 162-22, or for violations of registration provisions or noncompliance with notice requirements, an action may be brought in the Village court or any court of record, in the name of the Village; and whenever any judgment shall be rendered therefor, the same shall be collected and enforced as prescribed and directed by the Civil Practice Act of the State of New York.
If any violation shall be removed or be in process of removal within 10 days after the service of a notice as in this chapter prescribed, the liability of such penalty shall cease, and the Village Board of Trustees, on request of the Superintendent of Buildings, shall discontinue any action pending to recover the same, upon such removal or the completion thereof within a reasonable time.
The Superintendent of Buildings, through the Village Board, is hereby authorized, in his discretion and upon good and sufficient cause being shown therefor, to remit any penalty which any person may have incurred or may hereinafter incur under any of the provisions of this chapter, but no such penalty shall be remitted until the violation shall have been removed. Said Superintendent is further authorized, in his discretion, to remit any costs allowed or obtained in any penalty suit or any other action or proceeding instituted under the provisions of this article.
Any person who shall receive and fail to comply with any written peremptory order of the Superintendent of Buildings issued only when an immediate compliance with such order is essential to the public peace or safety, within the time specified in such order, shall be guilty of a misdemeanor.