Village of Millbrook, NY Buildings, Unsafe

Designation, abatement of condition. All buildings or structures which are structurally unsafe, unsanitary or not provided with adequate egress, or which constitute a fire hazard or are otherwise dangerous to life, health or safety are severally, for the purposes of this chapter, unsafe buildings. All such unsafe buildings are hereby declared illegal and shall be abated by barricades, or fencing, or alarms, or repair, or rehabilitation, or demolition, or any combination of such remedies, as may be appropriate in each case, in accordance with the procedures of this chapter.

Report, record of examination. The Zoning Enforcement Officer shall examine, or cause to be examined, every building or structure alleged to be unsafe as defined in this chapter and shall make a written record of such examination.

Notice to correct conditions. Whenever the Zoning Enforcement Officer shall find any building, structure or portion thereof to be an unsafe building as defined in this chapter, he or she shall, as hereinafter set forth, give to the owner, agent, or person in control of such building or structure written notice stating such finding and stating in detail the ways in which the building or structure is unsafe or dangerous. This notice shall require the owner, agent, or person in control of such building or structure within a stated time either to complete specified work, repairs or improvements or to demolish and remove the building or structure or portion thereof. Such written notice shall be served upon a person to whom it is directed either by delivering it personally, or by posting the same upon a conspicuous portion of the unsafe building and sending a copy of the same by certified mail, return receipt requested, or by ordinary first-class mail, or overnight mail delivery service to the owner, agent, or person in control of such building or structure at the last known address of the owner as shown on the tax assessment roll of the Village of Millbrook.

Vacation of premises.

(1)

If the Zoning Enforcement Officer finds that there is actual and immediate danger of failure or collapse or fire so as to endanger life, such notice provided for in Subsection C above shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the specified work, repairs and improvements are completed and inspected and approved by the Zoning Enforcement Officer. The Zoning Enforcement Officer shall cause to be posted at each entrance to such building or structure: "THIS BUILDING OR STRUCTURE IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE ZONING ENFORCEMENT OFFICER."

(2)

Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents or other servants to remove such notice without written permission of the Zoning Enforcement Officer or for any person to enter the building or structure except for the purpose of making inspections and/or the required repairs or of demolishing the same.

Proceedings to compel compliance. In case the owner, agent, or person in control cannot be found within the stated time limit or if such owner, agent, or person in control shall fail, neglect or refuse to comply with the aforesaid notice, the Village Attorney, or such other attorney as is designated by the Village, shall be advised of the facts in the case and shall be directed to institute an appropriate action in the courts to compel compliance.

Emergency authority of Zoning Enforcement Officer. In cases of an emergency which, in the opinion of the Zoning Enforcement Officer, involves imminent danger to life, health, or safety, the Zoning Enforcement Officer shall have the authority to cause such building, structure or portion thereof to be made safe. For this purpose, he or she may at once enter such building or structure or land on which it stands, or abutting land or building or structure. He or she may vacate adjacent buildings and structures and may protect the public by appropriate barricades or by such other means as may be necessary for this purpose or may close a public or private way.

Collection of costs. Costs incurred under Subsections E and F shall be charged against the land on which the building or structure existed, as a municipal lien, or shall be added to the tax roll as an assessment, or shall be levied as a special tax against the land upon which the building or structure stands or stood, or shall be recovered in a suit at law against the owner or person in charge of the building.

All unsafe buildings as set forth in this Chapter 86 are declared to be public nuisances and shall be subject to the provisions in this Chapter 86.

§ 86-2 Appeal from notice.

Any person affected by any notice or order issued pursuant to § 86-1 shall be entitled to an appeal from such notice and order. Any such person may request and shall be granted a hearing before the Board of Trustees or such hearing officer as shall be appointed by the Village Board of Trustees. A request for a hearing shall be filed with both the Village Board of Trustees and the Zoning Enforcement Officer within 10 days after service of the notice or order in the office of the Zoning Enforcement Officer. Such filing shall consist of a written request for a hearing setting forth a statement of the grounds therefore, designating the person and his address upon whom orders may be served, and setting forth the reason why such notice should be modified or withdrawn. If this request is filed within such ten-day period, compliance with such notice shall not be required while the hearing is pending; provided, however, that this extension for compliance shall not be applicable in the case of an emergency posing immediate danger to life, health or safety.

Upon receipt of a request for a hearing, a time and place shall be set for such hearing and the applicant shall be given at least 10 days' written notice thereof. Such hearing shall commence not later than 30 days after the date on which the request was filed; however, hearings may be postponed beyond such thirty-day period for good and sufficient reason. At such hearing, the applicant or his representative shall be given an opportunity to show cause why such notice or order should be modified or withdrawn. The applicant shall be entitled to be represented by legal counsel of his or her choosing at such hearing and to cross-examine all witnesses against him or her.

After a hearing held as aforesaid, and on consideration of the evidence present, the hearing office shall sustain, modify or withdraw the notice or order. If the notice or order is sustained or modified, such decision shall be deemed a final order. The hearing officer shall keep a written summary of testimony and a copy of every notice, order, record of appearance, findings of fact and final determination and such record shall be maintained as a public record and stenographic records of every hearing shall be made and filed with the office of the Zoning Enforcement Officer. The cost of stenographic records shall be paid by the applicant. The applicant shall make direct financial arrangements for payment with a stenographic service acceptable to the hearing officer which arrangements shall be made prior to the commencement of the hearing and which arrangements shall provide that the applicant shall be solely responsible for the costs of the stenographic record.

Any person aggrieved by any order of the hearing officer may seek to have such order reviewed by the Supreme Court in the manner provided by Article 78 of the Civil Practice Law and Rules of the State of New York within 30 days of the date of filing of such order in the office of the Zoning Enforcement Officer.

§ 86-3 Emergency cases.

In cases where it reasonably appears that there is immediate danger to life, health, or safety, unless corrective action is taken for an unsafe building, the Zoning Enforcement Officer, in addition to the authority in § 86-1F, shall report such facts to the Board of Trustees and the Board of Trustees may cause the abatement of such emergency by barricades, fencing, alarms, repair, rehabilitation or by demolition as may be determined to be appropriate in each case by the Board of Trustees. The costs of such emergency action shall be collected as provided in § 86-1G.

§ 86-4 Administrative liability.

No officer, agent or employee of the Village of Millbrook shall render himself or herself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of the duties set forth under this chapter. Any suit brought against any officer, agent or employee of the Village of Millbrook as a result of any act required or permitted in this discharge of the duties set forth under this chapter shall be defended by the Village through the Village Attorney or such other attorney as is designated by the Village until the final determination of any such suit.

§ 86-5 Police and Fire Department to report structures.

Any fireman of the Village Fire Department may make a report, in writing, to the Zoning Enforcement Officer of any buildings or structures which are, may be, or are suspected to be unsafe buildings within the meaning of this chapter.

All employees of the Police Department or any other law enforcement official may make a report, in writing, to the Zoning Enforcement Officer of any buildings or structures which are, or may be or are suspected to be unsafe buildings within the meaning of this chapter.

§ 86-6 Violations and penalties.

A violation of the provisions of this Chapter 86 including any order or decision issued pursuant to this Chapter 86 shall be subject to a civil penalty of $250 to be recovered with costs. Each day that a violation remains shall constitute a separate offense subject to an additional daily civil penalty. The provisions of this Subsection A are set forth in addition to and not in place of any other lawful remedy for violation and penalty.

In addition to the provisions of Subsection A preceding, a violation of the provisions of Chapter 86 or any order or decision issued pursuant to this chapter is an offense punishable by a fine not exceeding $500 or imprisonment for a period not to exceed 14 days, or both. For the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of any order or decision issued pursuant to this Chapter 86 shall be deemed misdemeanors and for such purposes only all provisions of law relating to misdemeanors shall apply to such violations. Each day's continued violation shall constitute a separate additional violation. The provisions of this Subsection B are set forth in addition to and not in place of any other lawful remedy for violation and penalty.

§ 86-7 Additional authority and power.

The provisions of this Chapter 86 are set forth in addition to and not in place of any other authority or power exercisable by the Village of Millbrook, its Zoning Enforcement Officer, Fire Department, Police Department, Village Board of Trustees and any other governmental official, employee, agent or board under any other provision of law concerning unsafe buildings.