The Commissioner of Building shall be authorized to make surveys in
any area of the village to determine the general condition of structures used
for human habitation, the extent of deterioration, lack of facilities and
maintenance, unsafe and unsanitary conditions, the extent of overcrowding,
land use and other relevant factors.
[Amended 7-1-1996 by L.L. No. 6-1996]
The Commissioner of Buildings shall be authorized to make or cause to
be made inspections to determine the condition of dwellings, dwelling units,
rooming units and premises in order to safeguard the health, safety and welfare
of the public.
[Amended 7-1-1996 by L.L. No. 6-1996]
The Building Commissioner shall have, for the purposes herein specified,
the right of entry to any place that is open to the general public, or to
any part of any building upon which building is being carried on for which
a permit has been issued. In the event that an officer shall determine that
an inspection of the nonpublic area(s) of any such building or structure are
necessary, he or she shall give notice of the same to the owner or occupant,
including the reasons therefor, and shall thereupon be authorized to enter
such premises. In the further event that the owner or occupant shall refuse
such request, the officer shall obtain an order or search warrant.
Inspectors and authorized personnel of the Building Department shall
be supplied with official identification and, upon request, shall exhibit
such identification when entering any dwelling, dwelling unit, rooming house,
rooming unit or premises.
Any dwelling, dwelling unit, rooming house or rooming unit having any
of the defects found in Subsections A, B, C and D may be designated by the
Commissioner as unfit for human habitation and may be so placarded:
A. The structure lacks illumination, ventilation, sanitation,
heat or other facilities adequate to protect the health and safety of the
occupants or the public.
B. The structure is damaged, decayed, dilapidated, insanitary,
unsafe or vermin-infested in such a manner as to create a serious hazard to
the health and safety of the occupants or the public.
C. The structure, because of the location, general conditions,
state of the premises or number of occupants, is so insanitary, unsafe, overcrowded
or otherwise detrimental to health and safety that it creates a serious hazard
to the occupants or the public.
D. The structure, because of the failure of the owner or
occupant to comply with this law, is unfit for human habitation.
Whenever the Commissioner determines that a dwelling, dwelling unit, rooming house or rooming unit is unfit for human habitation as provided in §
197-22, he shall give notice of such violation. Such notice shall be in writing and shall specify the alleged violation and shall provide a reasonable time for compliance and shall be served upon the owner, agent, operator or occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner, agent, operator or occupant if a copy is served upon him personally; or if a copy thereof is sent by certified mail, return receipt requested, to the last known address of such person; or if a copy is posted in a conspicuous place in or about the building affected by the notice and if a copy is mailed by certified mail on the same day it is posted to the owner, agent, operator or occupant; or by such other method authorized by the laws of the State of New York. Such notice shall inform the person to whom it is directed of his right to apply for a hearing before the Board of Trustees of the Village of Port Chester, as provided in §
197-25 of this law. Such notice shall contain an outline of remedial action which, if taken, will effect compliance with the provisions of this law and with rules and regulations adopted pursuant thereto.
Whenever the Commissioner determines that a dwelling, dwelling unit, rooming house or rooming unit is unfit for human habitation as provided in §
197-22, he shall include such finding within the notice of violation provided for in §
197-23 of this law, and he shall also include a statement of his intent to vacate and placard the dwelling, dwelling unit, rooming house or rooming unit if compliance with the provisions of the notice of violation has not been secured.