[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.]
GENERAL REFERENCES
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:
A.
Notice. A notice shall be served as set forth herein.
The notice shall contain the following:
(1)
A description of the premises consisting of street address
and Tax Map number.
(2)
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.
(3)
A statement of particulars in which the building or structure
is unsafe or dangerous and a public nuisance.
(4)
A statement of the time within which work must be commenced
to remove the nuisance.
(5)
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.
B.
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.
C.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
