[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.]
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.
