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.
A.
Any person affected by any notice of violation issued in connection with the enforcement of any provision of this law as provided in § 197-22 or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing before the Board of Trustees, provided that such person shall file, in the office of the Commissioner and Village Clerk, a written request for such hearing, setting forth a brief statement of the grounds therefor, designating the person and his address upon whom orders may be served and setting forth the reasons why such notice of violation should be modified or withdrawn. If this request is filed within 10 days after the service of notice of violation, compliance with such notice shall not be required while the hearing is pending.
B.
Final order. Any notice of violation provided for in § 197-23 shall automatically become a final order if written request for a hearing is not filed in the office of the Commissioner and Village Clerk within 10 days after receipt of the notice. A copy of the order shall be served as provided in § 197-23 of this law.
A.
Upon receipt of a request for a hearing as provided in § 197-25, the Board of Trustees shall set a time and a place for such hearing and shall give the applicant 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 of violation should be modified or withdrawn.
B.
Finding of hearing. After hearing held in accordance with §§ 197-25 and 197-26 of this law and on consideration of the evidence presented, the Board of Trustees shall sustain, modify or withdraw the notice. If the notice of violation is sustained or modified, such decision shall be deemed a final order and shall be served as provided in § 197-23 of this law on the person or persons whom the Board of Trustees shall find to be responsible for the violation. Where there are practical difficulties or unreasonable hardships in the lateral enforcement of the provisions of this law, the Board of Trustees shall have the power to authorize a variance from the provisions of this law, provided that the intent of the law shall be observed with respect to the safeguarding of public health, safety, morals or welfare.
C.
Record of hearing. The Village Clerk shall keep a summary
of testimony and a copy of every relevant notice or order, the request for
a hearing, entries of appearance, finding of fact, if any, and the final determination,
and such record shall be maintained as a public record.
A.
Whenever a notice of violation as provided in § 197-24 of this law has not been complied with or where § 197-25 of this law has not been invoked, the Board of Trustees may order the dwelling, dwelling unit, rooming house or rooming unit to be vacated. A copy of such notice to vacate shall be served on the owner, agent, operator and the occupant as provided in § 197-23 of this law.
B.
Vacation of unfit dwelling. Any dwelling, dwelling unit, rooming house or rooming unit designated as unfit for human habitation pursuant to § 197-22 and ordered vacated as provided in § 197-27 shall be vacated within such reasonable time as the Board of Trustees may specify in the order. No such dwelling, dwelling unit, rooming house or rooming unit shall again be used for human habitation or the placard removed until written approval is secured from the Board of Trustees.
C.
Removal of placard. No person shall deface or remove the placard from any dwelling, dwelling unit, rooming house or rooming unit which has been designated as unfit for human habitation, except as provided in Subsection B above.
D.
Vacated dwelling made secure. The owner, agent or operator
of any dwelling, dwelling unit, rooming house or rooming unit which has been
designated as unfit for human habitation and vacated shall make such dwelling,
dwelling unit, rooming house or rooming unit safe and secure in whatever manner
the Commissioner or Board of Trustees shall deem necessary. Any vacant building
open at the doors and windows, if unguarded, shall be deemed dangerous to
human life and a nuisance within the meaning of this provision.
A.
Whenever the Commissioner designates a building unfit for human habitation, as provided in this law, and determines that the cost necessary to correct the violation is not reasonably related to the value of the building, he shall include within the notice of violation provided for in § 197-23 of this law a statement of his intent to order the demolition of the structure. A copy of such notice shall be served on the owner, occupant, lessee or mortgagee as provided in § 197-23 of this law. The owner may demolish such structure or correct the violation, regardless of cost, provided that the requirements of the Building Code in effect at the time of attempted compliance are satisfied.
B.
Order to demolish. Whenever a notice of violation as provided in § 197-28 of this law has not been complied with, the Board of Trustees may order the building demolished. Such order shall be served as provided in § 197-23 of this law, and demolition shall be completed within the time specified by the Board of Trustees.
C.
Agency to make repairs or demolish. Whenever a notice or order to remove a violation or secure, vacate or demolish a building has not been complied with and when such failure to comply is deemed by the Board of Trustees to constitute a nuisance, it may proceed to cause the structure to be demolished, repaired, altered, secured or vacated or take such other action as is necessary to abate the nuisance. Whenever the Board of Trustees determines that such nuisance exists, it shall record sufficient proof to support such determination, and the owner, occupant, lessee or mortgagee shall be notified of such finding pursuant to § 197-23 of this law. Abatement authorized by this section shall not commence until at least 10 days after service of notice.
D.
Recovery of expenses. The expenses incurred pursuant to Subsection C of this law shall be paid by the owner or occupant of the premises or by the person who caused or maintained such nuisance or other matter. The Board of Trustees shall file among its records a resolution stating, with fairness and accuracy, the items of expense and the date of execution of actions authorized by Subsection C of this law. The Board of Trustees may institute a suit to recover such expenses against any person liable for such expense or may cause such expenses to be charged against the property as a lien. Nothing herein shall be construed as placing a lien upon the property which supersedes the lien of any mortgage on such property executed and recorded prior to the existence of a lien herein authorized.
E.
Power to act in emergencies. Whenever the Commissioner at any stage of the proceedings instituted under the provisions of this law finds that a violation of this law exists which, in his opinion, requires immediate action to abate a direct hazard or immediate danger to the health, safety, morals or welfare of the occupants of a building or of the public, he may, without prior notice or hearing, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. Such order may include an order to vacate as provided in § 197-27. Notwithstanding any other provision of this law, such an order shall be effective immediately upon service and shall be complied with immediately or as otherwise provided.
F.
Any person or persons jointly or severally aggrieved
by any final order may seek to have such an order reviewed by the Supreme
Court in the manner prescribed by Article 78 of the Civil Practice Law and
Rules and as otherwise provided for in the laws of the State of New York.
