[HISTORY: Adopted by the Board of Trustees of the Village of Dobbs Ferry 2-1-1966 as Art. 16-10 of the 1966 Dobbs Ferry Village Code. Amendments noted where applicable.]
[Amended 5-28-2002 by L.L. No. 3-2002 ]
The Building Inspector is authorized and designated to inspect any building or structure within the limits of the Village which he has reason to believe is or may be, from any cause, dangerous, unsafe or amounting to a public nuisance to the public and to file with the Board of Trustees his report in writing as to the condition of any building or structure so inspected which he believes to be, from any cause, dangerous, unsafe or amounting to a public nuisance to the public, specifying in such report the date of the inspection, the condition found which he deems to be dangerous, unsafe or amounting to a public nuisance, his opinion as to the cause of such condition and his recommendations with reference to the correction of such condition. Such report shall be filed with the Board of Trustees not less than five days from the date of such inspection.
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
- PUBLIC NUISANCE
- Buildings and property within the Village of Dobbs Ferry that are in such condition that:
- (1) Amounts to a substantial interference with the exercise of a common right of the public, thereby offending public morals;
- (2) Interferes with the use by the public of a public place; or
- (3) Endangers or injures the property, health or safety of a considerable number of persons, including diminution in property values and abandoned and unused buildings that impact the general public.
Editor's Note: This local law also amended the title of this chapter, which formerly read "Buildings, Unsafe."
After the filing with the Board of Trustees of the Building Inspector's report, the Board of Trustees may direct the Village Clerk to cause a notice to be served on the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in same, either personally or by registered mail, addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in same as shown by the records of the Receiver of Taxes and/or in the office of the Westchester County Clerk, which said notice shall contain the following:
[Amended 9-24-2002 by L.L. No. 7-2002]
A description of the premises.
A statement of the particulars in which the building or structure is unsafe, dangerous, or a public nuisance.
An order requiring same to be made safe and secure or removed.
The time within which the person served with such notice may commence the securing or removal of buildings or structures, such time to be fixed by the Board of Trustees.
That the premises will be surveyed in the event of the neglect or refusal of the person served with notice to comply with the requirements of same, said survey to be made by such official of the Village and by such practical builder, engineer or architect as may be designated, named and appointed by the Board of Trustees and by a practical builder, engineer or architect to be appointed by the person notified as above, and that, in the event of the refusal or neglect of the person so notified to appoint such surveyor within five days of the service upon him of such notice, the two surveyors named shall make the survey and report, and that the said survey provided for herein shall be made prior to a date to be included in said notice, such date to be fixed by the Board of Trustees, and that the survey and report shall be filed with the Board of Trustees on a day to be fixed in said notice, which date shall be fixed by the Board of Trustees.
That in the event the building or structure shall be reported unsafe, dangerous or a public nuisance under such survey, an application will be made returnable at a special term of the Supreme Court in the Judicial District in which the property is located on a date and at a time and place to be specified in such notice (which said date shall not be less than five days nor more than 10 days from the day fixed for the filing of such report) 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.
In the event such notice is served by registered mail, then a copy thereof shall be posted on the premises on the day of the mailing of such notice.
A signed copy of the report of survey shall be served personally or by registered mail upon the person to whom such notice is directed, and a signed copy thereof shall contain a demand for the compensation of the surveyors.
The costs and expenses incurred by the Village in connection with the proceedings to remove or secure the building or structure, including the cost of actually removing said building or structure, shall be assessed against the land on which said building or structure is located.
The Board of Trustees shall determine the respective dates to be inserted in each such notice and shall appoint and designate the appropriate Village official and practical builder, surveyor or architect in each instance, and the notice to be served shall be subscribed on behalf of the Board of Trustees by the Village Clerk.