Village of Cedarhurst, NY Chapter 102 Buildings, Unsafe

[HISTORY: Adopted by the Board of Trustees of the Village of Cedarhurst 3-2-1964 as Ch. 6, Art. IV, Div. 3, of the 1964 Code of Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 95.

Flood damage prevention — See Ch. 138.

Housing standards — See Ch. 155.

§ 102-1 Unsafe buildings prohibited.

All buildings or structures which, in the opinion of the Building Inspector, are structurally unsafe, unsanitary or not provided with adequate egress or which constitute a fire hazard or are otherwise dangerous to human life or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are, severally, for the purpose of this rule, unsafe buildings. All such unsafe buildings are hereby declared to be illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedure of this section.

§ 102-2 Examination.

The Building Official shall examine or cause to be examined every building reported as unsafe or damaged and shall make a written record of such examination.

§ 102-3 Notice of defects.

Whenever the Building Official shall find any building or structure or portion thereof to be an unsafe building as defined in this chapter, he or she shall, in the same manner as provided for the service of stop orders in § 95-14, give to the owner, agent or person in control of such building or structure written notice stating the defects thereof. This notice shall require the owner, within a stated time, either to complete specified repairs or improvements or to demolish and remove the building or structure or portion thereof.

§ 102-4 Buildings liable to failure or collapse.

A. Notice. If the Building Official finds that there is actual and immediate danger of failure or collapse so as to endanger life, such notice shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the specified repairs and improvements are completed, inspected and approved by the Building Official.

B. Sign to be posted. The Building Official shall cause to be posted at each entrance to such building a notice: "This building is unsafe and its use or occupancy has been prohibited by the Building Department." Such notice shall remain posted until the required repairs are made or demolition is completed.

C. Prohibited acts. It shall be unlawful for any person or his or her agents or other persons to remove such notice without the written permission of the Building Official or for any person to enter the building except for the purpose of making the required repairs or of demolishing same.

§ 102-5 Action to compel compliance with notice.

In case an owner, agent or person in control cannot be found within the time limit stated therein or if such owner, agent or person in control fails, neglects or refuses to comply with notice to repair, rehabilitate or demolish and remove a building, structure or portion thereof, the village counsel shall be advised of all the facts in the case and shall institute an appropriate action in the courts to compel compliance.

§ 102-6 Authority of Building Official in emergencies.

In cases of emergency which, in the opinion of the Building Official, involve imminent danger to human life or health, he or she shall promptly cause such building, structure or portion thereof to be made safe or to be removed. For this purpose he or she may at once enter such structure or land on which it stands or abutting land or structures, with such assistance and at such cost as may be necessary. He or she may vacate adjacent structures and protect the public by appropriate barricades or such other means as may be necessary and for this purpose may close a public or private way.

§ 102-7 Payment of costs incurred.

Costs incurred under §§ 102-5 and 102-6 of this chapter shall be paid out of the municipal treasury on certificate of the Building Official. Such costs shall be charged to the owner of the premises involved and shall be collected in the manner provided by law.

§ 102-8 Penalties for offenses.

[Added 1-6-1986 by L.L. No. 2-1986[1]]

Any owner, lessee, tenant, general agent, architect, builder, contractor, subcontractor, workman, employee or any other person, unless stated otherwise herein, who knowingly commits, takes part or assists in any violation of this chapter or who maintains any building or premises in which any violation of this chapter shall exist shall, for each and every violation and for each and every day that such violation continues, forfeit and pay a penalty set in accordance with Chapter 1, Article III, General Penalty.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 102-9 Other remedies.

[Added 1-6-1986 by L.L. No. 2-1986]

A. In addition to the remedies hereinbefore provided, the Mayor, the Board of Trustees or the Building Official, acting in the name of the village, or any person aggrieved, acting in his or her own name, shall have the right and power to enforce the provisions of this chapter by injunction or otherwise as provided by law.

B. The imposition of the penalties herein prescribed shall not preclude the Village Attorney from instituting any appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate a violation or to prevent an illegal act, conduct, business or use in or about any premises.