All buildings or structures which have any or all of the following defects
shall be deemed dangerous buildings:
A. Those whose exterior walls or other vertical structural
members list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
B. Those which, exclusive of the foundation, show thirty-three
percent (33%) or more of damage or deterioration of the supporting member
or members or fifty percent (50%) of damage or deterioration of the nonsupporting
enclosing or outside walls or covering.
C. Those which have improperly distributed loads upon the
floors or roofs or in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used.
D. Those which have been damaged by fire, wind or other
causes so as to have become dangerous to life, safety, morals or the general
health and welfare of the occupants or the people of the village.
E. Those which have become or are so dilapidated, decayed,
unsafe, unsanitary or which so utterly fail to provide the amenities essential
to decent living that they are unfit for human habitation or are likely to
cause sickness or disease, so as to work injury to the health, morals, safety
or general welfare of those living therein.
F. Those having light, air and sanitation facilities which
are inadequate to protect the health, morals, safety or general welfare of
human beings who live or may live therein.
G. Those having inadequate facilities for egress in case
of fire or panic or those having insufficient stairways, elevators, fire escapes
or other means of communication.
H. Those which have parts thereof which are so attached
that they may fall and injure members of the public or property.
I. Those which because of their condition are unsafe, unsanitary
or dangerous to the health, morals, safety or general welfare of the people
of the village.
J. Those buildings existing in violation of any provision of Chapter
82, Building Construction and Fire Prevention, or any other provisions of the Code of the village.
All dangerous buildings within the terms of §
89-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
The following standards shall be followed in substance by the Building
Inspector and the Board of Trustees in ordering repair, vacation or demolition:
A. If the dangerous building can reasonably be repaired
so that it will no longer exist in violation of the terms of this chapter,
it shall be ordered repaired.
B. If the dangerous building is in such condition as to
make it dangerous to the health, morals, safety or general welfare of its
occupants, it shall be ordered to be vacated.
C. In any case where a dangerous building is fifty percent
(50%) damaged or decayed or deteriorated from its original value or structure,
it shall be demolished, and in all cases where a building cannot be repaired
so that it will no longer exist in violation of the terms of this chapter,
it shall be demolished. In all cases where a dangerous building is a fire
hazard existing or erected in violation of the terms of this chapter or any
provision of this Code or statute of the State of New York, it shall be demolished.
The Building Inspector shall:
A. Inspect or cause to be inspected semiannually all public buildings, halls, theaters, hotels, houses of worship, multiple dwellings or commercial, manufacturing or loft buildings for the purpose of determining whether any conditions exist which render such places a dangerous building within the terms of §
89-1 of this chapter.
B. Inspect any building, wall or structure about which complaints
are filed by any person to the effect that a building, wall or structure is
or may be existing in violation of this chapter.
C. Inspect any building, wall or structure reported, as
hereinafter provided for, by the Fire Department as probably existing in violation
of the terms of this chapter.
D. Notify, in writing, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building, as shown by the land records of the Rockland County Clerk, of any buildings found by him to be a dangerous building within the standards set forth in §
89-1 of this chapter that:
(1) The owner must vacate or repair or demolish said building
in accordance with the terms of the notice and this chapter.
(2) The occupant or lessee must vacate said building or may
have it repaired in accordance with the notice and remain in possession.
(3) The mortgagee agent or other persons having an interest
in said building, as shown by the land records of the Rockland County Clerk,
may at his own risk repair, vacate or demolish said building or have such
work or act done, provided that any person notified under this subsection
to repair, vacate or demolish any building shall be given such reasonable
time, not exceeding thirty (30) days, as may be necessary to do or have done
the work or act required by the notice provided for herein.
E. Set forth in the notice provided for in Subsection
D hereof a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding thirty (30) days, as is reasonable.
F. Report to the Board of Trustees any noncompliance with the notice provided for in Subsections
D and
E.
G. Appear at all hearings conducted by the Board of Trustees
and testify as to the condition of dangerous buildings.
H. Place a notice on all dangerous buildings reading as
follows:
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This building had been found to be a dangerous building by the Building
Inspector. This notice is to remain on this building until it is repaired,
vacated or demolished in accordance with the notice which has been given the
owner, occupant, lessee, mortgagee or agent of this building and all other
persons having an interest in said building, as shown by the land records
of the Rockland County Clerk. It is unlawful to remove this notice until such
notice is complied with.
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An owner or lessee will be granted the privilege of a hearing, upon
request, within ten (10) days after service of violation from the Building
Inspector as provided in this chapter. This hearing will be conducted by the
Board of Trustees, and the Board's decision will be final.
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a dangerous building, as defined herein, is immediately repaired, vacated or demolished, the Building Inspector shall report such facts to the Board of Trustees, and the Board shall cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in §
89-6E hereof.
In cases, except emergency cases, where the owner, occupant, lessee
or mortgagee is absent from the village, all notices or orders provided for
herein shall be sent by registered mail to the owner, occupant, lessee or
mortgagee and all other persons having an interest in said building, as shown
by the land records of the Rockland County Clerk, to the last known address
of each, and a copy of such notice shall be posted in a conspicuous place
on the dangerous building to which it relates. Such mailing and posting shall
be deemed adequate service.
No officer, agent or employee of the village shall render himself personally
liable for any damage that may accrue to persons or property as a result of
any act required or permitted in the furtherance of the provisions of this
chapter.
[Amended 4-12-1988 by L.L.
No. 11-1988]
Disregarding notices or orders. Any owner, agent, occupant or lessee
who disregards any notice or order issued pursuant to the provisions of this
chapter or removes the same shall be punished as follows: any owner, agent,
occupant or lessee who shall violate any provision of this chapter shall be
guilty of a violation punishable by a fine not to exceed five thousand dollars
($5,000.) and/or imprisonment for a period not exceeding fifteen (15) days,
or both. The continuance of such offense against the provisions of this chapter
shall constitute, for each and every day or part thereof the same is continued,
a separate and distinct violation hereunder.