Village of Hastings-on-Hudson, NY Buildings, Unsafe

When used in this chapter, shall mean and include one or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities capable of being sued.

§ 106-2 Removal or repair of buildings.

Any building or part of a building, staging or other structure that, from any cause, may now be or shall at any time hereafter become dangerous or unsafe, shall be taken down and removed or made safe and secure.

§ 106-3 Record and notice of unsafe building.

Immediately upon receipt of a report by the Building Inspector or Fire Chief that a building or part of a building, staging or structure is unsafe or dangerous, the Building Board shall cause the same to be entered upon a docket of unsafe buildings, and the owner or some one of the owners, executors, administrators, agents, lessees or any other person who may have a vested or contingent interest in the same shall be served with a printed or written notice containing a description of the premises or structures deemed unsafe or dangerous, a statement of the particulars in which the building or structure is unsafe or dangerous, and an order requiring the same to be made safe and secure or removed as may be deemed necessary by the Building Board. Such notice shall require the person thus served immediately to certify to the Building Board his assent or refusal to secure or remove the same.

§ 106-4 Voluntary abatement.

If the person served with a notice specified in § 106-3 shall immediately certify his assent to securing or removal of said unsafe or dangerous building, premises or structure, he shall be allowed 24 hours, after the service of such notice, within which to commence the securing or removal of the same as expeditiously as can be done.

§ 106-5 Disregard of notice; survey.

Notice of survey. Upon the refusal or neglect of the person served with the notice, for which provision is made in §§ 106-3 and 106-4 of this chapter, to comply with any of the requirements thereof a further notice shall be served upon him, in the manner heretofore prescribed, notifying him that a survey of the premises named in said notice will be made at the time and place therein named, which time shall not be less than 24 hours nor more than three days from the time of the service of said notice, by three competent persons, of whom one person shall be the Building Inspector, another shall be an architect appointed by the Building Board and the third shall be a practical building engineer or architect appointed by the person thus notified; that in case the person served with such notice shall neglect or refuse to appoint such surveyor, the other two surveyors shall make the survey, and in case the premises referred to therein shall be reported dangerous under such survey, said report will be placed before the Supreme Court, as indicated in the notice, and that a trial upon the allegations and the statements contained in said report, being the report of said surveyors, more or less than are contained in said notice of survey, will be had before said Court at a time therein and place therein named, to determine whether said unsafe or dangerous building or premises shall be repaired and secured or taken down and removed, and that a report of said survey, reduced to writing, shall constitute the issue to be placed before the Court of trial.

Posting report of survey. A copy of the report of the survey shall be posted on the building the subject thereof by the persons holding the survey, immediately on their signing such report.

Compensation of surveyor. The architect appointed by the Building Board as hereinbefore provided, who may act on any survey called in accordance with the provisions of this chapter, and the third surveyor, who may have been called in the case of disagreement provided for in this chapter, shall each be entitled to and receive the sum of $25, to be paid by the village. A cause of action is hereby created for the benefit of the village against the owner of said building, staging or structure and of the lot or parcel of land on which the same is situated, for the amount so paid, with interest at the rate of 6%. The amount so collected shall be paid over to the Village Manager in reimbursement of the amount paid by him as aforesaid.

§ 106-6 Judicial review of survey.

Institution of proceeding. Whenever the report of any such survey, had as aforesaid, shall recite that the building, premises or structure thus surveyed is unsafe or dangerous, the Corporation Counsel shall, at the time specified in the notice, place such notice and report before the justice holding said court or a referee, whose decision or report in the matter shall be final, unless a jury trial is demanded, in which case the verdict of such jury shall be final.

Postponement of trial. If for any reason the issue shall not be tried at the specified time in said notice, or to which the trial may be adjourned, the same may be brought to trial at any time thereafter by the Building Board without a new survey, upon not less than three days' notice of trial to the person upon whom the original notice was served or to his attorney. Such notice to trial may be served in the same manner as said original notice.

Precept to abate. Upon the rendition of a verdict or decision of the Court or referee, if said verdict or decision shall find said building, premises or structure to be unsafe or dangerous, the justice trying the case or to whom the report of the referee trying said case shall be presented shall immediately issue a precept directed to the Building Board reciting said verdict or decision and commanding it forthwith to repair and secure, take down or remove, as the case may be, the unsafe or dangerous building or part thereof, staging, structure or other premises that shall have been named in said report, in accordance with such verdict or decision.

§ 106-7 Repair or removal under precept.

Execution of precept. Upon receiving a precept under the provisions of the preceding section, the Building Board referred to therein shall immediately proceed to execute the same, as therein directed, and may employ such labor and assistance and furnish such materials as may be necessary for that purpose, provided nevertheless that, immediately upon the issuing of said precept, the owner of said building or part thereof, staging or structure or premises, or any party interested therein, upon application to the Building Board, shall, upon the payment of all costs and expenses incurred up to that time by the village, be allowed to perform the requirements of the precept at his own proper cost and expense if the same shall be done immediately and in accordance with the requirements of said precept. The Building Board shall have authority to modify the requirements of any precept upon application to him therefor, in writing, by the owner of said building or part thereof, staging or structure, or his representative, when it shall be satisfied that such change shall secure equally well the safety of such building or part thereof, staging or structure.

Interference prohibited. It shall be unlawful for any person, whether interested or not in the property affected, to interfere with, obstruct or hinder the Building Board and its representative or any person who, acting under the authority conferred on him by such Board, is performing the work directed by a precept issued out of any court as in this chapter provided, or ordered by the Building Board in accordance with such precept under the provisions of this chapter.

§ 106-8 Work done by village employees.

Temporary safeguards for dangerous buildings. In case there shall be, in the opinion of the Building Board, actual and immediate danger of the falling of any building or part thereof so as to endanger life or property, it shall cause the necessary work to be done to render said building or part thereof temporarily safe until the proper proceedings provided for unsafe buildings by this chapter are instituted.

Vacating buildings; closing streets and sidewalks. The Building Board is hereby authorized and empowered in such cases, and also where any building or part thereof has fallen and life is endangered by the occupation thereof, to vacate the same forthwith, and the Building Board may, when necessary for the public safety, temporarily close sidewalks, streets, building structures and places adjacent to such building or part thereof, and prohibit the same from being used. The Chief of Police, when called upon by the Building Board to cooperate, shall enforce such orders or requirements.

Laborers and materials. For the purpose of this section, the Building Board shall employ such laborers and materials as may be necessary to perform said work as speedily as possible.

§ 106-9 Costs and expenses; lien.

All costs and expenses, together with interest thereon at the rate of 6%, incurred in connection with the proceedings as provided by this chapter, including the cost incurred to repair and secure, take down or remove, as the case may be, the unsafe or dangerous building or part thereof, staging, structure or other premises, shall be a charge against the property on which said building or structure is located.

The Building Board shall submit to the Village Manager an accounting of the expenses thereby incurred, and the Village Manager shall, upon receipt of said accounting, render a bill for said expenses, together with interest thereon at the rate of 6%, to the owner of said property.

In case the owner of the property shall fail, within a reasonable time, to pay to the village the amount of said bill, the Board of Trustees shall cause to be entered upon the next succeeding tax roll prepared for the village an assessment against such property equal to the amount of said bill, which assessment shall become due at the same time and shall be collected in the same manner as the real estate taxes for the village, and shall be a lien against the property until paid.