[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[1] ]
A.
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.
B.
PUBLIC NUISANCE
(1)
(2)
(3)
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
Buildings and property within the Village of Dobbs Ferry
that are in such condition that:
Amounts to a substantial interference with the
exercise of a common right of the public, thereby offending public
morals;
Interferes with the use by the public of a public
place; or
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.
[1]
Editor's Note: This local law also amended
the title of this chapter, which formerly read "Buildings, Unsafe."
A.
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]
(1)
A description of the premises.
(2)
A statement of the particulars in which the building
or structure is unsafe, dangerous, or a public nuisance.
(3)
An order requiring same to be made safe and secure
or removed.
(4)
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.
(5)
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.
(6)
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.
B.
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.
