[HISTORY: Adopted by the Board of Trustees of the Village of Poquott 1-23-2003 by L.L. No. 1-2003; amended in its entirety 5-10-2018 by L.L. No. 5-2018. Subsequent amendments noted where applicable.]
This chapter shall be entitled "Chapter 50, Unsafe Buildings and Structures."
The purpose and intent of this chapter is to establish a procedure for the regulation and removal of hazardous and unsafe conditions, nuisances, buildings and structures in the Village of Poquott in order to protect the safety and welfare of the residents of the Village and their families and guests, and to protect the property values of the homes and properties in the Village of Poquott.
[Amended 10-14-2021 by L.L. No. 5-2021]
The provisions of this chapter shall be in addition to, and in furtherance of, the New York State Uniform Fire Prevention and Building Code and the New York State Energy Conservation Construction Code.
The following are the definitions which will be used in relation to the interpretation and operation of this chapter:
BOARD
The Village Board of Trustees of the Incorporated Village of Poquott.
CONDITION
The state of a particular property or portion of a property or improvement thereon.
HAZARDOUS
A state of a structure, condition, property or nuisance which is either unsafe or of imminent or likely peril to humans or the property itself or a structure which is determined by the Inspector to be structurally unsound.
INSPECTOR
The Building Inspector, Fire Inspector, Code Official or Fire Marshal of the Village of Poquott or an official of the Town of Brookhaven with proper jurisdiction acting in that capacity in the Village.
NUISANCE
Something which has a detrimental impact on the ability of a resident or property owner of the Village to enjoy their property, or on their quality of life. An "attractive nuisance" is a nuisance which has an element that attracts individuals to it.
STRUCTURE
That which is built or constructed or a portion thereof.
UNIFORM CODE
The Uniform Fire Prevention and Building Code of New York State.
UNSAFE
A threat or potential harm to human life or well being or to the condition or safety of buildings or properties.
A. 
All hazardous and unsafe conditions, nuisances and structures in the Village of Poquott and all structures which are structurally unsound, dangerous, unsanitary or not provided with adequate egress or which, in relation to existing use, constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are, severally, for the purpose of this chapter, unsafe structures.
B. 
All hazardous and unsafe conditions, nuisances and structures in the Village of Poquott are hereby declared to be illegal and prohibited and shall be abated by repair and rehabilitation or by demolition and removal in accordance with the regulations and procedure of this chapter.
A. 
The Inspector shall inspect any hazardous, unsafe conditions, nuisances and structures within the Village, either upon complaint or upon his own knowledge that a hazardous, unsafe condition, nuisance or structure may exist.
B. 
In the event the Inspector determines, after reasonable investigation and/or inspection, that a building or structure or any part thereof or any premises is hazardous, unsafe, creates a nuisance, or is unsanitary a notice to such effect shall be served upon owner or the owner's legal representative, or any other person known to have a vested or contingent interest in the structure or premises. Such notice shall be served in any manner authorized for service of a summons in a civil action or by certified mail, addressed to the last known address for the owner or representative. Such service shall be deemed sufficient if made to the person whose name appears upon the most recent assessment roll on file in the office of the Village Clerk. In the event that such service is made by certified mail, a copy of such notice shall be posted at a conspicuous location on the premises affected. Such notice shall include a statement of the particulars in which the building or structure or premises is unsafe or dangerous, and also shall contain an order requiring the same to be made safe and secure or removed, and may establish a date by which such remediation shall be completed.
A. 
The Inspector is authorized to order, in writing, the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or any provision of the Village Code, or any other law concerning zoning, building or sanitary regulation. Upon finding that any such condition or activity exists, the Inspector shall issue a compliance order. The compliance order shall be in writing; be dated and signed by the Inspector; shall specify the condition or activity that violates the Uniform Code, the Energy Code, or the Village Code; specify the provision or provisions of the Uniform Code, the Energy Code, or the Village Code which is/are violated by the specified condition or activity; specify the period of time which the Inspector deems to be reasonably necessary for achieving compliance; direct that compliance be achieved within the specified period of time; and state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. The Inspector shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by certified mail. The Inspector shall be permitted, but not required, to cause the compliance order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by certified mail or in any other manner authorized by law; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.
B. 
Emergency conditions. In any instance where the Inspector determines that an emergency exists, or that any condition exists at any property which condition constitutes an immediate hazard or danger to any person or property, the Inspector may issue such compliance order as the Inspector deems appropriate, requiring immediate action on the part of the owner or any occupant of the affected property. Where the Inspector determines that the condition of the property is such that immediate remedial action is required to stabilize or remove the hazardous or dangerous condition without sufficient time to notify the owner or other person responsible for such property, the Inspector may take such action as may be reasonably appropriate to stabilize or remove the hazardous or dangerous condition, and the reasonable costs and expenses of any such action shall be charged to and constitute a lien upon said property in the same manner as a property tax. Where such costs and expenses are not paid or reimbursed to the Village within 30 days after demand, any additional reasonable costs of collection and/or enforcement, including reasonable attorneys' fees, shall be charged to such property in the same manner.
C. 
Appearance tickets. The Inspector is authorized to issue appearance tickets for any violation of this chapter.
A. 
Any person who maintains an unsafe or hazardous condition or building or structure or who neglects, refuses or otherwise fails to comply with this chapter or any order or notice issued pursuant to this chapter shall be guilty of an offence punishable by a fine not to exceed $1,000 for each offense or by imprisonment for a term not to exceed 15 days, or by such fine and imprisonment.
B. 
Each day that a person neglects, refuses, or otherwise fails to comply with this chapter or any order or notice issued pursuant to this chapter shall constitute a separate offense and violation of this chapter.
C. 
Nothing in this section or this chapter shall be construed as depriving the Village of any other available remedy relevant to a violation of this chapter and the election by the Village of any particular remedy, including a prosecution shall not constitute a waiver by the Village of the rights that the Village may have to a civil or other remedy.
A. 
If a violation which was found to exist is not abated or corrected within the time frame provided by the Inspector, the Inspector may file a report at any time thereafter with the Village Board with regard to the condition of any such hazardous or unsafe condition, nuisance or structure.
B. 
The report shall include the address of the property, the time and date of inspection, a description of the condition and the Inspector's recommendation for the correction of the hazardous or unsafe condition, nuisance or structure.
A. 
The Board shall consider a report of inspection filed by the Inspector at either the next regular meeting of the Board or at a special meeting called for the purpose of considering the report or at which the report may properly come before the Board.
B. 
Where the Board, after the consideration of the Inspector's report, finds that the condition, nuisance or structure is hazardous or unsafe, the Board shall by resolution direct the Inspector or Village Attorney to give additional written notice to the owner and occupants of the subject property as provided in this chapter.
C. 
Contents of notice. The notice shall contain the following:
(1) 
The name and address of the owner and occupants or tenants of the subject property if different from the owner of the subject property, together with a physical description of the premises.
(2) 
A statement of the particulars of why the nuisance, condition or structure is hazardous or unsafe.
(3) 
An order requiring the nuisance, condition or structure to be repaired, removed or remediated.
(4) 
A statement that the removal or repair of the hazardous or unsafe nuisance, condition or structure shall commence within five days from the date of the service of the notice and shall be completed within 30 days thereafter. The Village Board may extend the time of compliance specified in the notice where there is evidence of intent to comply within the time specified and the conditions exist which prevent immediate compliance. In granting any such extension of time, the Village Board may impose such conditions as the Inspector may deem appropriate.
(5) 
A statement that, in the event of the failure of the owner to comply with the requirements of the notice, a public hearing will be held by the Board, notice of which and the time of and place thereof to be specified in the notice to the owner referred to in this section.
(6) 
A statement that in the event that the Board after the public hearing should determine that the nuisance, condition or structure is hazardous or unsafe that the Board may order the nuisance or condition to be remedied or removed or the building or structure to be repaired and secured or taken down and removed.
(7) 
A statement that in the event that the nuisance, condition or building or structure shall be determined by the Village to be unsafe or dangerous, and in the event of the neglect or refusal of the owner to repair or remove the same within the time provided, the Village may repair, remove or secure such nuisance, condition or structure by whatever means the Village deems appropriate and assess all costs and expenses incurred by the Village in connection with the proceedings, including engineering, legal, and other professional fees and costs required to repair, remove or secure the condition, nuisance or structure or the cost of actually removing said building or structure, against the property on which said buildings or structures are located as an assessment and lien against that property.
D. 
Service of notice. The notice shall be served on the owner and the occupants or tenants of the subject property, or the owner's executors, legal representatives, agents, lessees or other persons having a vested or contingent interest in the same, either personally or by registered mail, addressed to the last known address as shown by the records of the Village Clerk or Village Treasurer or in the office of the Receiver of Taxes or the Suffolk County Clerk. If service is made by registered mail, a copy of such notice shall be posted on the premises.
A. 
The notice served pursuant to this chapter shall also be filed in the office of the Village Clerk and the office of the Suffolk County Clerk. Such notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Laws and Rules and shall have the same effect as a notice of pendency except as otherwise provided.
B. 
The notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a judge or justice of a court of record or upon the consent of the Village Attorney. The Clerk of Suffolk County shall mark such notice and any recorded docket thereof as cancelled of record upon the presentation and filing of such consent or by a certified copy of such order.
A. 
Before a hazardous or unsafe condition, nuisance or structure may be removed by the Village, a public hearing shall be held by the Board at the date and time specified in the notice provided to the owner of the premises pursuant to § 50-8 of this chapter.
B. 
The Inspector shall report to the Board at the hearing as to the status of the hazardous or unsafe condition, nuisance or structure, and as to whether there has been compliance by the owner of the premises.
C. 
The Board may authorize action by the Village to repair, remove or secure the hazardous or unsafe condition, nuisance or structure pursuant to this chapter with or without any further notice to the owner of the property.
A. 
If the Inspector determines in the inspection of any hazardous or unsafe nuisance, condition or structure that there is an emergency requiring the evacuation of the building or structure or of a nearby building or structure, the Inspector shall promptly require the building or structure or portion thereof to be vacated forthwith and not be reoccupied until the specific repairs are completed, and inspected and approved by the Inspector or the Building Inspector or Fire Marshal of the Village.
B. 
For this purpose the Inspector may enter the building, structure or property on which the hazardous or unsafe condition, nuisance or structure is located or on adjoining property as may be necessary. The Inspector may also order an adjacent structure to be vacated and protect the public by appropriate barricades or such other means as may be necessary, and a private or public right-of-way may be closed by the Inspector.
C. 
The Inspector shall cause to be posted at each entrance to such building or structure a notice stating "This building is unsafe and its use or occupancy has been prohibited by the Fire Marshal (or Building Inspector or Fire Inspector)." Such notice shall remain posted until the required repairs are made or demolition is completed.
D. 
It shall be unlawful for any person, firm or corporation or their agents or other persons to remove such notice without written permission of the Inspector or for any person to enter the building except for the purpose of making the required repairs or the demolition thereof, which shall be on the written permission of the Inspector only.
A. 
All costs and expenses incurred by the Village in connection with any proceeding or any work done to remove the nuisance, condition, building or structure shall be assessed against the land on which such building or structure is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises.
B. 
Such assessment shall be and constitute a lien upon the property that is the subject of the hazardous or unsafe condition, nuisance or structure.
C. 
If the owner fails to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien.
D. 
In the event that the owner fails to pay such expenses within 10 days after the statement is presented or posted, the Inspector shall file a certificate of the actual expenses incurred as aforesaid together with a statement identifying the property in connection with which the expenses were incurred and the owner thereof with the assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property.
E. 
Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner by the same proceedings, at the same time and under the same penalties as is provide by law for the collection and enforcement of real property taxes in the Village of Poquott.
In the event that one or more sections of this chapter shall be determined by a court of competent jurisdiction to be void or invalid, the remaining sections of this chapter shall remain in full force and effect.