[HISTORY: Adopted by the Board of Trustees of the Village of Islandia during codification; see Ch. 1, General Provisions, Art. II. Amendments noted where applicable.]
Building construction and fire prevention — See Ch. 57.
Within the village there exist, from time to time, structures which have become dangerous, unsound, unsafe or hazardous, which thereby pose a threat to the health and welfare of village residents. The Village Board declares that it is the obligation of persons responsible for such structures to repair or remove them after being notified of their condition. In the event that the repair or removal is not voluntarily accomplished, it is the purpose of this chapter to secure such repair or removal and charge the cost thereof to the owner of the premises.
This chapter shall be enforced by the Village Engineer or his appointed agent, who hereafter shall be referred to as the "Building Inspector." He is hereby authorized to make inspections of all types of structures throughout the village, to declare such structures to be unsafe, hazardous or public nuisances and to make such structures safe in accordance with the procedures outlined in the chapter.
Any structure, as defined in the New York State Uniform Fire Prevention and Building Code, which in the opinion of the Building Inspector has become dangerous, unsound, unsafe or hazardous as a result of fire, neglect, disrepair, structural failure, collapse, vandalism or any other means shall be declared a public nuisance. Such nuisance shall include any unoccupied structure which is not secured from entry by having all windows, doors and openings boarded up in accordance with the Building Inspector's specifications.
A public nuisance, as declared in this chapter, is a prohibited condition and shall be removed in accordance with the Building Inspector's specifications.
A public nuisance may be removed without the owner's consent in accordance with the following procedure:
Notice. A notice shall be served as set forth herein. The notice shall contain the following:
A description of the premises consisting of street address and Tax Map number.
The name and address of the last known owner of the premises as indicated in the records of the Village Assessor or the Village Tax Receiver.
A statement of particulars in which the building or structure is unsafe or dangerous and a public nuisance.
A statement of the time within which work must be commenced to remove the nuisance.
Notice of the time and place of hearing before the Village Board for the purpose of determining, in the event the repair or removal is not voluntarily completed, whether the village shall accomplish such repair work or removal.
Filing of notice. Within 10 days of service on the owner or his representative, a copy of such notice shall be filed in the office of the Suffolk County Clerk, together with a statement of the names of the parties involved, the object of the notice and a description of the property affected. A notice so filed shall be effective for one year from the date of filing, unless sooner vacated by court order or by consent of the Village Attorney.
Hearing. The Village Board shall hold a hearing at the time and place specified in the notice to determine whether the repair or removal of the public nuisance shall be accomplished by the village. At such hearing the affected owner or his representative may present evidence in opposition to the determination of the Building Inspector.
A public nuisance may be declared an immediate hazard by the Building Inspector when a structure is in danger of imminent collapse, when a condition exists which is likely to cause injury or fire or when a structure has been vandalized or has not been secured from entry.
Whenever the Building Inspector declares that a premises contains an immediate hazard, he is hereby authorized to specify the work required to remove the hazard, to order the property owner to remove the hazard and to remove the hazard if such hazard is not removed within a specified time period.
Notice and order. The Building Inspector shall notify the property owner or his agent of the hazard by telephone, in person or by certified mail and shall specify the work required and specify the length of time during which the work must be commenced. He shall also advise the property owner or his agent of the consequences of the failure to comply.
Failure to comply. In the event that the owner neglects or refuses to comply with the Building Inspector's order in the specified time or in the event that the Building Inspector is not able to contact the owner or his agent, making a diligent effort to do so, the Building Inspector is authorized to proceed with the required work to remove the hazard and to include all costs incurred by the Village of Islandia in the next regularly scheduled tax bill in accordance with § 60-10 of this chapter.
The service of any notice provided for in § 60-4 may be made upon the owner, one of the owner's executors, legal representatives, agents or lessees or any other person having a vested or contingent interest in the unsafe structure. Service shall be either personally or by registered mail addressed to the last known address, if any, of the owner or of one of such other named persons, as such address is shown in the records of the Receiver of Taxes or in the office of the County Clerk, together with posting a copy of the notice on the premises.
When the village has effected the removal of the public nuisance or hazard pursuant to § 60-4 or § 60-6, the Building Inspector shall prepare a statement of all costs and expenses incurred by the village in connection with the proceedings to remove or secure, including but not limited to clerical, mailing and administrative costs and the actual cost of removal of the nuisance or hazard, whether the work was performed by the village or by a contractor paid by the village. Such statement shall also contain a description of the property which caused the village to incur such expenses and the name of the reputed owner of said property. The statement shall be prima facie evidence that all legal formalities have been complied with and that the ordered work has been completed properly and satisfactorily. Such statement, when filed, shall be full notice to every person concerned that the amount of the statement constitutes a charge against the property described in the statement and that the amount is due and collectible as provided in this chapter.
Filing. Signed copies of the Building Inspector's sworn statement of expenses shall be filed with the Village Assessor, and such costs shall be assessed against the land on which said buildings are or were located.
Village Assessor. The Village Assessor shall annex the amount of the statement as a special assessment to the property named in the statement and shall not remove same until notified by the Receiver of Taxes that the amount due has been collected in full.
Receiver of Taxes. The Receiver of Taxes shall include the amount of the statement on the next regular tax bill for the property named in the statement.
Civil action. Repayment of costs may also be pursued by a civil action in any court of competent jurisdiction.
The property owner may waive the necessity of a hearing and grant the village permission, in writing, to remove the public nuisance. In this event, the expenses incurred by the village may be included in the next tax bill in accordance with the procedure set forth in this chapter.