[HISTORY: Adopted Floral Park Village Board 5-4-1943;
amended 10-15-1946, 11-28-1944. Other
amendments noted where applicable.]
No person, firm, corporation or association who or which is the owner
of a building in the Village of Floral Park shall cause, suffer, allow or
permit said building to become dangerous or unsafe to the public. In the event
that any building now is or hereafter becomes dangerous or unsafe to the public
from any cause whatsoever, said owner or occupant shall repair or remove said
building. In the event of the failure of the owner of any such building to
repair or remove the same, an official duly appointed by the Board of Trustees
of the Village of Floral Park shall make a complete inspection and report
of the condition of said building to the Board of Trustees of said village.
Notice shall thereafter be served on the owner or some one of the owners,
executors, legal representatives, agents, lessees or any other person having
a vested or contingent interest in said building, 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 any other person having a vested or contingent interest in the same, as
shown by the records of the receiver of taxes and/or in the office of the
County Clerk or County Registrar. Said notice shall contain a description
of the premises, a statement of the particulars in which the building or structure
is unsafe or dangerous and an order requiring said building or structure to
be made safe and secure or removed; and if the service of said notice is made
by registered mail, for a copy of such notice to be posted on the premises.
Said notice shall also provide for the time within which the person served
with said notice shall commence and complete the securing or removal of the
building or structure. In the event of the neglect or refusal of the person
so served with said notice to comply with the same, a survey of the 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 of said village and a practical
builder, engineer or architect appointed by the person notified as above;
and in the event of the refusal or neglect of the person so notified to appoint
such surveyor, the two surveyors named shall make the survey and report; and
the notice shall further provide that, in the event that the building or other
structure shall be reported dangerous or unsafe under such survey, an application
will be made at a special term of the Supreme Court in the judicial district
in which the property is located not less than five nor more than 10 days
thereafter for an order determining the building or other structure to be
a public nuisance and directing that it shall be repaired and secured or taken
down and removed.
A signed copy of the report of survey shall be posted on the building,
and the surveyors shall be compensated by the village.
All costs and expenses incurred by the village in connection with any
and all of the above proceedings to remove or secure, including the cost of
actually removing said building or structure or securing the same, shall be
assessed against the land on which the building or structure is located.
[Added 5-21-1991 by L.L. No. 5-1991]
A.Â
No person, corporation or association who or which is
the owner or occupant of vacant property or property with a vacant or boarded-up
building upon it in the Village of Floral Park shall cause, suffer, allow
or permit said property to become dangerous or unsafe to the public. For purposes
of this local law, a dangerous or unsafe condition to the public shall include
but not be limited to use of that property by the owner or by third persons
for the storing or placing of junked motor vehicles, discarded metal or machinery,
construction debris or garbage, rubbage or debris of any nature whatsoever.
In the event that said property now is or hereafter becomes dangerous or unsafe
to the public from any cause whatsoever, said owner or occupant shall repair
or remove the condition or else shall secure the property by placing a fence
around it. In the event of the failure of the owner of such property to repair
or remove the condition or to erect a fence, the Superintendent of Public
Works shall make a complete inspection and report of the condition of said
property to the Board of Trustees. Notice shall thereafter be served on the
owner or some one of the owners, executors, legal representatives, agents,
lessees or any other person having vested or contingent interest in said property,
either personally or by registered mail, addressed to the last known address,
if any, of the owner or of some one of the owners, executors, legal representatives,
agents, lessees or any other persons having a vested or contingent interest
in the same, as shown by the records of the receiver of taxes and/or in the
office of the County Clerk or County Registrar. Said notice shall contain
a description of said property, statement of the particulars in which said
property is unsafe or dangerous, an order requiring said property to be made
safe and secure or else the dangerous condition removed, the time within which
the person served with said notice shall commence and complete the securing
of said property or removal of the dangerous or unsafe condition and a time
and place when the Board of Trustees shall conduct a public hearing for the
purpose of determining whether the village should secure said property. If
service of the notice is made by registered mail, a copy of such notice shall
be posted on said property. In the event of the neglect or refusal of the
person so served with said notice to comply with the same, the Board of Trustees
of said village shall conduct a public hearing at the time and place specified
in said notice for the purpose of determining whether said property has become
dangerous or unsafe to the public and whether the village should secure such
property. The Board of Trustees may then authorize the work to be done to
secure such property and pay the cost out of the general funds appropriated
by the Board of Trustees for such purpose. In the case of such failure to
comply, the owner and/or person in control of said property is deemed to consent
to the right of entry by the village officials for the sole purpose of inspecting
and correcting such condition.
B.Â
The village shall be reimbursed for the cost of the work
performed or the services rendered, as hereinabove provided, by assessment
against the lots or parcels of land where such work was performed or services
were rendered, for so much of the actual or complete cost as incurred upon
and from each lot or lots, by the assessment of all such costs of such removal,
including legal fees, against the real property affected.
C.Â
If any clause, sentence, paragraph, section or part of
this law shall be adjudged by any court of competent jurisdiction to be invalid,
the judgment shall not effect, impair or invalidate the remainder of this
local law, but shall be confined in its operation to the clause, sentence,
paragraph, section or part of this local law that shall be directly involved
in the controversy in which such a judgment shall have been rendered.
