Village of Oyster Bay Cove, NY Chapter 127 Buildings, Abandoned and Dangerous

[HISTORY: Adopted by the Board of Trustees of the Village of Oyster Bay Cove 6-18-1974 by L.L. No. 2-1974 as Art. 15 of the 1974 General Ordinances; amended in its entirety 4-16-2019 by L.L. No. 2-2019. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

General penalty — See Ch. 1, Art. III.

Building construction — See Ch. 121.

Zoning — See Ch. 320.

§ 127-1 Legislating findings.

It is hereby declared and found by the Board of Trustees of the Village of Oyster Bay Cove, for the purpose of this chapter, to provide basic and uniform standards governing the condition and maintenance of residential and commercial premises and establishing reasonable safeguards for the safety, health and welfare of the occupants and users of the premises and also for the residents of the Village of Oyster Bay Cove.

§ 127-2 Definitions.

A. As used in this chapter, the following terms shall have the meanings indicated:

BOARDED and BOARDING

Clear, impact-resistant polycarbonate sheeting of a thickness in excess of 3/16 inch, except as otherwise directed by the Building Inspector.

BUILDING INSPECTOR

The Building Inspector of the Village of Oyster Bay Cove or his/her designee.

DANGEROUS BUILDING

Includes any building, shed, fence or other man-made structure:

(1) Which is dangerous to the public health because of its condition, and which may cause or aid in the spread of disease or injury to health of the occupants of it or neighboring structures;

(2) Which because of faulty construction, age, lack of proper repair or any other cause, is especially liable to fire and constitutes or creates a fire hazard;

(3) Which by reason of faulty construction or any other cause is liable to cause injury or damage by collapsing or by a collapse or fall of any part of the structure;

(4) Which because of its condition or because of lack of doors or windows is an attractive nuisance or is available to and frequented by malefactors or disorderly persons who are not lawful occupants of the structure.

OWNER

Includes the owner of record of any premises, a mortgagee, a tax lien purchaser, servicer, a lienor and any other person having a vested or contingent interest in said premises and anyone exercising rights of ownership therein as indicated by the records of the County Clerk of Nassau County or by the records of the Receiver of Taxes, the Office of the Public Administrator or Surrogate's Court.

REPAIR

Includes any alteration, structural change or the performance of any necessary or requisite work, for the elimination of any hazardous, dangerous or unsafe condition of any dangerous building or structure, within the purview of this chapter.

VACANT AND ABANDONED

Real property which displays no evidence that any persons are residing there and is not maintained in a manner consistent with the standards set forth in New York Property Maintenance Code Chapter 3.

(1) Real property will also be deemed vacant and abandoned if:

(a) A court or other appropriate state or local governmental entity has formally determined, following notice posted at the property address, that such residential real property is vacant and abandoned; or

(b) The owner thereof has issued a sworn written statement, expressing his or her intent to vacate and abandon the property, and an inspection of the property shows no evidence of occupancy to indicate that any persons are residing there.

(2) Evidence of lack of occupancy shall include but not be limited to the following conditions:

(a) Overgrown or dead vegetation;

(b) Accumulation of newspapers, circulars, flyer or mail;

(c) Past-due utility notices, disconnected utilities, or utilities not in use;

(d) Accumulation of trash, refuse or other debris;

(e) Absence of window coverings such as curtains, blinds, or shutters;

(f) One or more boarded, missing or broken windows;

(g) The property is open to casual entry or trespass; or

(h) The property has a building or structure that is or appears structurally unsound or has any other condition that presents a potential hazard or danger to the safety of persons.

(3) Residential real property will not be deemed vacant and abandoned if, on the property:

(a) There is an unoccupied building that is undergoing construction, renovation, or rehabilitation that is proceeding diligently to completion;

(b) There is a building occupied on a seasonal basis, but otherwise secure;

(c) There is a building that is secure, but is the subject of a probate action, action to quiet title, or other ownership dispute of which the owner has actual notice;

(d) There is a building damaged by a natural disaster and one or more owners intend to repair and reoccupy the property; or

(e) There is a building occupied by the mortgagor, a relative of the mortgagor or a tenant lawfully in possession.

B. The words "or" and "and" as used herein may be construed interchangeably where such meaning is necessary to effectuate the purpose of this chapter. Where necessary, the singular shall include the plural and the plural include the singular. The word "person" shall include a partnership, corporation, association or trustee. The words "persons interested," as used herein, shall be construed to include the owner as herein defined and all other persons interested in the property to which such words refer. The masculine gender shall include the feminine and neuter genders, and the neuter gender shall include the masculine and feminine genders.

§ 127-3 Removal or repair required.

Any building in the Village which, from any cause, may now be or shall hereafter become a dangerous building or vacant and abandoned as defined herein or is unsafe to the public, to the occupants thereof, or to adjoining property or occupants, shall be removed or repaired as provided in this chapter.

§ 127-4 Notice to remove dangerous or unsafe building.

Upon receipt by the Board of Trustees of a report of an inspection by the Building Inspector of a building shown in such report to be a dangerous building, the Village Clerk shall cause to be served on the owner, either personally or by registered mail, addressed to the last known address, if any, of the owner as shown by the tax records of the Village or in the records of the County Clerk of the County of Nassau, a notice 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 same to be made safe and secure or removed, and the time within which the person served with such notice shall commence and complete the securing or removal of such building; and if such service be made by registered mail, the Village Clerk shall cause a copy of such notice to be posted on the premises.

§ 127-5 Survey and report.

In the event of the neglect or refusal of the person served with the notice provided for in § 127-4 to comply with the same within the time therein specified, a survey shall be made by the Village Engineer 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 provided in § 127-4, 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. The aforesaid notice shall state that in the event that the building or other structure shall be reported unsafe or dangerous under such survey, an application will be made at a Village Justice Court, not less than five nor more than 10 days following the receipt of the said report of the surveyors by the Board of Trustees, for an order determining the building to be a public nuisance and directing that it shall be repaired and secured or taken down and removed by the Village at the sole expense of the owner of said building.

§ 127-6 Compensation of surveyors.

The surveyors appointed as provided in § 127-5 shall receive reasonable compensation for their services as such from the Village.

§ 127-7 Posting of surveyor's report.

Within five days following the receipt of a report of surveyors by the Board of Trustees, the Village Clerk shall cause a signed copy of the report of survey to be posted on the building.

§ 127-8 Assessment of costs of securing or removal.

When, after obtaining the aforementioned Village Court order, the Village has effected the repairing, securing or removing of a dangerous or unsafe building or incurred costs and expenses for same, the actual costs and expenses incurred for legal fees, surveys, restoration or demolition plus accrued interest at the rate of 6% per annum from the date of completion of the work, if not paid by such owner prior thereto, shall be assessed against the lots or parcel of land where such building is or was located, which assessment shall be included in the next succeeding annual bill for Village taxes for such property and shall become a lien thereon when such taxes become a lien.

§ 127-9 Foreclosures; undertaking.

Legislative intent. When residential properties in the Village of Oyster Bay Cove fall vacant and become the subject of foreclosure actions, they frequently become neglected and overgrown with grass, weeds and rubbish, creating an unsightly appearance in the surrounding residential area and detracting from the use, enjoyment and value of surrounding properties. The Village of Oyster Bay Cove is committed to using all legal avenues to proactively address these adverse conditions to alleviate the burden these vacant properties impose on neighboring residents. This section places the financial burden on any person, business, organization, bank or lender who commences a foreclosure action against any vacant residential property in Village of Oyster Bay Cove to deposit funds with the Village after the foreclosure action is commenced, for use in achieving prompt remediation, if or when it shall occur. This new section is clearly in the public interest. It will help deter violations by creating a financial disincentive against allowing the property to lie fallow and unmaintained. It will help to expedite remediation of overgrown grass, weeds and rubbish when they occur. It will also help avoid substantial outlays of public funds in accomplishing same.

A. Except as otherwise provided by law, any person, business, organization, bank or lender who commences a foreclosure action against a residential property (improved with a single-family, two-family or multiple-family residence) that has become vacant shall provide to the Village of Oyster Bay Cove an undertaking in the form of cash, a cash bond, or a letter of credit acceptable to the Village Attorney, in the sum of $25,000, to secure the continued maintenance of the property free of any violations as provided for by the Village Code, during the entire time that vacancy shall exist, as determined by the Building Inspector. When the foreclosure action is finally discontinued, any unused funds shall be returned upon written request of the party which commenced foreclosure, which request shall be made in writing to the Village within 90 days of the action's discontinuance.

B. It shall be unlawful for any such person, business, organization, bank or lender to fail to properly deposit such cash, a cash bond, or a letter of credit within 45 calendar days after the foreclosure action is commenced.

C. In the event that the Building Inspector determines that any property referenced in Subsection A above is being maintained in violation of this chapter, then, in addition to or in lieu of any other enforcement remedy at his/her disposal, the Building Inspector may utilize the deposited funds to pay the full and actual cost of actions necessary to eliminate the violation.

D. In the event that any such funds are utilized as set forth above, such person, business, organization, bank or lender shall restore such funds to the full amount referenced in Subsection A, above, within 15 calendar days after written demand by the Village of Oyster Bay Cove, sent by regular mail and certified mail, return receipt requested, to such person, business, organization, bank or lender at an address designated by them for service of notices, or else to their last known address. It shall be unlawful for such person, business, organization, bank or lender to fail to timely restore funds as required herein.

E. In the event that the Building Inspector determines that any property referenced in Subsection A above is being maintained in violation of this chapter, and no cash, cash bond, or letter of credit acceptable to the Village Attorney has been provided or replenished as required by Subsection A or D above, then, in addition to or in lieu of any other enforcement remedy at his/her disposal, the Building Inspector may serve a written demand upon such person, business, organization, bank or lender to provide the required cash, cash bond, or letter of credit acceptable to the Village Attorney, within 10 days after the date of such written demand, subject to the following:

(1) The forty-five-day time allotment of Subsection B hereof is superseded;

(2) The written demand shall be served in any manner authorized to obtain personal service under Article 3 of the Civil Practice Law and Rules of the State of New York, or otherwise at applicable law; and

(3) In the event that no cash, cash bond, or letter of credit acceptable to the Town Attorney has been provided or replenished as required by Subsection A or D above, within 10 days after the date of such written demand, then such person, business, organization, bank or lender shall be subject to fines of up to triple the maximum amount set forth under § 1-9 of this Code, with each calendar day of failure to timely provide same constituting a separate additional offense.

F. If any provision of this chapter is declared unenforceable for any reason by a court of competent jurisdiction, such declaration shall affect only that provision, and shall not affect the remainder of this chapter, which shall remain in full force and effect.

G. This chapter shall apply to all foreclosures commencing after the effective date of this section. It is to be considered remedial legislation and shall be liberally construed so that substantial justice is done.