[HISTORY: Adopted by the Board of Trustees of the Village of Hastings-on-Hudson 12-16-1942; amended in its entirety 3-18-2025 by L.L. No. 2-2025. Subsequent amendments noted where applicable.]
Unsafe buildings and collapsed structures pose a threat to life, health, and property in the Village of Hastings-on-Hudson. Buildings and structures may become unsafe by reason of damage by fire or other casualty damage, the elements, age or general deterioration. Unsafe buildings serve as an attractive nuisance for young children who may be injured therein; may be a point of congregation by those with no fixed abode; may attract rodents or insects; may be the target of arsonists; and may also attract illegal drug activity. Debris, rubble or parts of buildings left on the ground or in disrepair and not removed constitute a dangerous, unhealthy and unsightly condition. It is the purpose of this chapter to promote and preserve the health, safety, and welfare of the public and residents and/or owners of property located within the Village by requiring such unsafe buildings, structures, and/or premises to be repaired, removed, made safe and secure, and/or demolished as provided herein.
All unsafe buildings and structures within the meaning of § 106-3 of this chapter are hereby declared to be public nuisances and shall be repaired and made safe, vacated, or demolished as hereinafter provided.
A. 
All buildings, structures, or parts thereof which are structurally unsafe, unsanitary, or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, hoarding or abandonment are, severally, for the purpose of this section, unsafe buildings or structures. All such unsafe buildings or structures are hereby declared to be illegal and shall be abated by repair, rehabilitation, cleaning and/or restoration to a safe living environment, or by demolition, and equipment and conditions of imminent danger in this Village shall be identified and addressed in accordance with the procedure of this chapter and the Property Maintenance Code of New York State ("PMCNYS").
B. 
All buildings or structures which have any or all of the following defects shall be deemed unsafe buildings:
(1) 
Those whose interior walls or other vertical structure members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
(2) 
Those which, exclusive of the foundation, show 33% or more of damage or deterioration of the supporting member or members or 50% of damage or deterioration of the non-supporting enclosing or outside walls or covering.
(3) 
Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purported use.
(4) 
Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, or the general health and welfare of the occupants or the people of the Village of Hastings-on-Hudson.
(5) 
Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease so as to cause injury to the health, safety or general welfare of those living therein.
(6) 
Those having light, air and sanitation facilities which are inadequate to protect the health, safety or general welfare of human beings who live or may live therein.
(7) 
Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of communication.
(8) 
Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
(9) 
Those which, because of their condition, are unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of the Village.
(10) 
Those which are open at the doorways, windows, walls or roof, making it accessible to and an object of attraction to minors under 18 years of age, as well as wild animals, vermin, squatters, individuals with no fixed abode and other trespassers.
(11) 
Those which have or may become a place of rodent, animal or vermin infestation.
(12) 
Those which consist of debris, rubble or parts of buildings or structures left on the property after demolition, reconstruction, fire or other casualty.
(13) 
Those where the accumulation of excessive personal property, trash, or other materials obstructs living spaces, hallways, exit routes, or essential utilities, creating unsafe, unsanitary, or hazardous conditions that may impede access to fire escapes, doors, or cause structural instability due to overloaded spaces.
The Building Inspector, as defined in § 101-2, shall:
A. 
Inspect or cause to be inspected any building or structure for the purpose of determining whether any condition exists which renders such place an unsafe building or structure as defined in § 106-3 herein.
B. 
Inspect or cause to be inspected any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this chapter.
C. 
Inspect or cause to be inspected any building, structure, or retaining wall if reported unsafe by the Village of Hastings-on-Hudson Police Department or the Hastings Fire Department.
D. 
Notify, pursuant to the requirements of § 106-6, the building or structure owner or some one of the owners, executors, administrators, agents, lessees or any other person who may have a vested or contingent interest, of any buildings or structures found by them to be an unsafe building or structure within the meaning of § 106-3.
The following standards shall be followed in substance by the Building Inspector in ordering the repair, vacation of the building or structure, or demolition of an unsafe building or structure:
A. 
If the unsafe building or structure can reasonably be repaired such that it will no longer exist in violation of the Uniform Code, Energy Code, Fire Code, the PMCNYS or this chapter, it shall be placarded and ordered repaired.
B. 
If the unsafe building or structure is in such condition as to make it dangerous to the health, safety, or general welfare of its occupants, it shall be ordered vacated in accordance with the provisions of § 106-12.
C. 
In any case where an unsafe building or structure is 50% damaged, decayed or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of the Uniform Code, Energy Code, Fire Code, PMCNYS or this chapter, it shall be ordered demolished.
D. 
In all cases where an unsafe building or structure is a fire hazard existing or erected in violation of the terms of the Uniform Code, Energy Code, Fire Code or this chapter, it shall be ordered demolished.
A. 
Such notice of the Building Inspector shall contain the following:
(1) 
The address of the unsafe building or structure;
(2) 
A statement of particulars in which the building or structure is deemed unsafe pursuant to § 106-3;
(3) 
An order requiring such building or structure be sealed, secured, repaired, shored, demolished and removed, or otherwise made safe and secure as determined by the Building Inspector;
(4) 
An order requiring that any work to be undertaken to make safe the building or structure, including demolition, shall commence within 10 calendar days of the service of notice and shall be completed within 30 calendar days of service of notice;
(a) 
The Building Inspector may, at their discretion, extend the time for compliance where there is evidence of an intent to comply with such order and conditions exist which prevent timely completion of work. The Building Inspector may impose reasonable conditions on any grant of an extension of time.
(5) 
A requirement that the individual thus served immediately certify to the Building Department their acceptance or rejection of the order. The notice shall further notify said individual that upon their refusal or neglect to comply with any of the requirements of this chapter, a survey of the building or structure named in such notice will be made. The notice shall also state that if, pursuant to the survey, it is found that the building or structure referred to therein is unsafe or dangerous, their report of survey will be placed before the Supreme Court, Westchester County for adjudication.
B. 
Method of service. Notice shall be made by personal service and/or by registered mail or certified mail addressed to the last known address as shown in the records of the Village of Hastings-on-Hudson Treasurer, Village of Hastings-on-Hudson Clerk, Town of Greenburgh Assessor or Westchester County Clerk, Division of Land Records. In addition to personal and/or mailed service, a copy of the notice shall be conspicuously posted on the building or structure together with the following statement: "This building had been found to be an unsafe building by the Building Inspector. This notice is to remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given the owner or some one of the owners, executors, administrators, agents, lessees or any other person who may have a vested or contingent interest. It is unlawful to remove this notice until such notice is complied with."
A. 
Where the notice and order referenced in § 106-6 of this chapter is not complied with, the Building Inspector shall request that the Board of Trustees adopt a resolution causing a survey to be made of the subject unsafe building or structure. In the resolution the Board of Trustees shall designate two persons, the Fire Inspector of the Village and either a licensed professional engineer or registered architect, to perform the survey.
B. 
The individual served with the notice and order referenced in § 106-6 of this chapter shall be notified of the Board of Trustees designation and of the date and time on which the survey of the subject unsafe building or structure will take place. Notice of the Board of Trustees action shall advise the individual of their right to designate a third surveyor, by a date certain, who is a licensed professional engineer or registered architect licensed to practice in New York State and in the event a third surveyor is not so designated, then the two surveyors designated by the Board of Trustees shall perform the survey and issue a written report.
The surveyors shall furnish their report to the Building Department no later than 21 days after the date of the survey of the unsafe building or structure. The surveyors may request the Building Inspector grant an extension of time to submit the report, which request may be granted upon a showing of good cause. Upon receipt of the surveyors' report, the Building Inspector shall furnish a copy to the Village Attorney; post a signed copy of the survey report in a conspicuous location at the building or structure and mail the report to the address as provided in § 106-6.
The Village Attorney, upon receiving the surveyors' report concluding that the building or structure is unsafe shall, upon authorization by the Board of Trustees, commence an action in the Supreme Court of Westchester County against the owner and the entities identified in § 106-6 for an order determining that the building or structure is a public nuisance and that the building or structure be secured and repaired or demolished. The Village Attorney shall take such other legal action as is necessary to carry out the terms and provisions of this chapter.
If after the court issues an order that the building or structure is unsafe and directs the owner to secure and repair or demolish the building and structure and the owner fails to comply with the court's order, in addition to any other lawful remedy, the Board of Trustees may by resolution direct that the building or structure be secured, repaired or demolished by the Village in accord with the Village's Procurement Policy.
A. 
All expenses incurred by the Village in connection with the proceedings to repair and secure or demolish the unsafe building or structure, including the cost of the survey, the cost of actually securing, repairing and demolishing the unsafe building or structure and all reasonable and necessary legal and consultant expenses incidental thereto, shall, at the option of the Board of Trustees, either:
(1) 
Be assessed against the real property to be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties, as is provided by law for the collection and enforcement of real property taxes in the Village; or
(2) 
Maintain a legal action to recover the expenses.
B. 
If the Village takes any action provided in this section which results in the incurring of any expenses, and the Board of Trustees decides to assess such expenses against the land on which the building or structure is located, the Board of Trustees shall conduct a public hearing as to the amount of such expenses.
C. 
Prior to the hearing, the Village shall cause to be served on the property owner a notice which shall contain the following:
(1) 
The name of the owner against whose property an assessment of expenses is being sought;
(2) 
A brief description of the premises and its location;
(3) 
That the Supreme Court previously issued an order directing the owner to complete certain work;
(4) 
That the work was not completed;
(5) 
That the Village took action to make the building or structure safe and secure or removed and demolished;
(6) 
The expenses incurred by the Village;
(7) 
That the Village seeks to assess the expenses against the land on which the building or structure is located;
(8) 
The date, time and place of the public hearing at which time the property owner or representative shall be afforded the opportunity to contest the amount of expenses to be assessed; and
(9) 
That should the owner or owner's representative fail to appear or fail to successfully contest the expenses, the Board of Trustees shall notify the Village Treasurer and the assessment shall be included in the levy against the property.
D. 
Service of the notice shall be made by regular mail and by certified mail, return receipt requested.
The licensed professional engineer or registered architect designated by the Board of Trustees in § 106-7 shall be compensated by the Village at a reasonable sum to be agreed upon which amount shall be included in the Village's expenses to be collected pursuant to § 106-10. The size of the building or structure and the skills of the surveyor shall be considered in determining compensation.
Unsafe buildings or structures that the Building Inspector finds to pose an actual and imminent danger to the life, health, property, or safety of the occupants therein or to the public shall be addressed in accordance with the provisions of this section. For purposes of this chapter, an "imminent danger" is a condition that could cause serious or life-threatening injury or death at any time.
A. 
Where the following conditions exist, the Building Inspector shall require that occupants vacate the unsafe building or structure and shall not be reoccupied until specified repairs and improvements are completed, inspected and approved by the Building Inspector:
(1) 
Imminent danger of failure or collapse of a building or structure which endangers life;
(2) 
A structure where the entire structure, or part thereof, has fallen and life is endangered by the occupation of the structure;
(3) 
Actual or potential danger to the building occupants or those in proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials;
(4) 
Operation of defective or dangerous equipment; or
(5) 
Any other condition in violation of the Uniform Code, Fire Code, or PMCNYS that constitutes an imminent danger to the occupants therein.
B. 
Before the Building Inspector may order an unsafe building or structure vacated, notice shall be provided to the building or structure owner or occupant, executor, administrator, mortgagee, lessee, agent, legal representative, or any other person having a recorded vested or contingent interest in the unsafe building or structure. Any such notice shall be made by personal service and/or by registered mail or certified mail addressed to the last known address as shown in the records of the Village of Hastings-on-Hudson Treasurer, Village of Hastings-on-Hudson Clerk, Town of Greenburgh Assessor or Westchester County Clerk, Division of Land Records. A copy of the notice shall be conspicuously posted on the building or structure. Such notice shall contain the following:
(1) 
Notice of the Building Inspector's intention to post a "do not occupy" notice on the building or structure;
(2) 
Notice of the Building Inspector's reasons for doing so, including citations to the specific Uniform Code, Fire Code, or PMCNYS sections that the Building Inspector believes have been violated;
(3) 
Notice of the right of the owner or occupant to be heard before the Board of Trustees to present the reasons why the owner or occupant believes that the Building Inspector's proposed action should not be taken; and
(4) 
Notice of the time within which the owner or occupant must request a hearing and the manner in which the owner or occupant must make that request.
C. 
Where the conditions of the building or structure are such that its continued occupancy poses an imminent, articulable danger to the life or safety of the occupants therein, the Building Inspector shall immediately placard the building or structure in accordance with Subsection D below and cause all owners or occupants to vacate the premises, notwithstanding the notice requirements in Subsection B above. Immediately thereafter the Building Inspector shall provide said owner or occupants notice in accordance with the provisions of Subsection B.
D. 
At each entry to the building or structure, the following notice shall be posted in English and Spanish: "This building or structure is unsafe to occupy, and its use and occupancy is prohibited by the Village of Hastings-on-Hudson." The notice shall remain posted until the required repairs are made and inspected or the building or structure is demolished. It shall be unlawful for any person, firm, or corporation, including agents, servants and employees to remove the notice and/or enter the building or structure without prior written permission from Building Inspector, unless if such entry is to make the required repairs or demolish the building or structure.