Village of Rye Brook, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Rye Brook 6-26-1984 by L.L. No. 18-1984. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 91.
Property maintenance — See Ch. 186.
Rooming, lodging and boarding houses — See Ch. 192.
This chapter shall be called the "Unsafe Buildings Law."
In the event that the Building Inspector of the Village of Rye Brook shall determine that a tree or plant is unsafe or a building or structure is unsafe and/or unfit for human habitation, he shall:
A. 
Give notice thereof by personal service or by certified mail directed to the owner and address shown on the latest Village of Rye Brook assessment roll. The owner thereof shall then have 60 days from the receipt of such notice to obtain all necessary permits and to correct such defects or to remove said building or structure. For good cause shown, in writing, to the Building Inspector, the Building Inspector, in his discretion, may extend the time to correct or remove, but not for longer than 120 days.
B. 
Post a copy of such notice on the building and from and after such posting, the building shall be vacated and not reoccupied until certified as safe and/or habitable by the Building Inspector of the Village of Rye Brook.
A. 
Any aggrieved person may obtain a hearing before the Board of Trustees by filing a written application with the Village Clerk setting forth the grounds thereof not later than 10 days after receipt by the owner of the unsafe and/or unfit notice. On the filing of such application, the Village Clerk shall set a hearing at the next regular meeting of the Board of Trustees and give notice thereof to applicant.
B. 
The Board of Trustees, after such hearing, shall either grant such application with or without condition or deny the same with or without extension of time to complete.
[Amended 8-22-2000 by L.L. No. 2-2000]
A. 
If the Building Inspector shall determine that a building or structure or tree or plant is an immediate danger to persons or property, he shall immediately post the same, requiring all persons to remove therefrom, and make reasonable effort to notify the owner shown on the latest Village of Rye Brook assessment roll personally or by telephone.
B. 
At the same time, the Building Inspector shall notify the Mayor, who shall go to the site and, if warranted, shall authorize the Village Attorney to apply for an order to show cause in the Justice Court or Supreme Court to require removal or emergency repair of such building by the owner or, in the alternative, by the Village, with the right of the Board of Trustees to charge the cost thereof against the property and collect the same in the same manner as Village taxes are collected and to declare such costs to be tax lien against such property until paid.
[Amended 8-22-2000 by L.L. No. 2-2000]
Upon authorization from the Board of Trustees, the Village Attorney and/or Corporation Counsel shall bring action in the Supreme Court having jurisdiction to cause removal or emergency repair of said building or structure or to obtain authorization to have the Village remove or repair the same. In the event that said building or structure shall be removed or repaired by the Village, the cost thereof, including the cost of the action for removal or repair, shall be an assessment against the property on which such building or structure sits, to be collected in the same manner as Village taxes are collected against other properties on the Village assessment role, and shall constitute a lien against such property until paid, and, in addition, such amounts may be collected by action under § 78-b of the General Municipal Law.
[Amended 12-15-1992 by L.L. No. 2-1992]
Any person violating the provisions of this chapter shall be guilty of an offense and shall be subject to the penalties provided in § 1-17 of Chapter 1, General Provisions, for each day such violation shall continue.