It shall be unlawful to maintain or permit the existence of
any dangerous or unsafe building or structure in the Village of Lynbrook,
and it shall be unlawful for the owner, occupant, or person in charge
or custody of such building or structure to permit same to remain
in a dangerous or unsafe condition or to occupy such building or structure
or to permit it to be occupied while it is or remains in a dangerous
or unsafe condition.
In the event that the person served with the notice to abate
shall refuse or neglect to comply with said notice, a survey shall
be made by the Superintendent of the Department of Buildings or Fire
Inspector, and a practical builder, engineer or architect designated
by said Superintendent or Inspector. The person served with the notice
to abate as provided above shall appoint a practical builder, engineer
or architect to make his survey of the premises together with the
Village designated builder, engineer or architect. In the event of
the refusal or neglect of the person served with the notice to abate
to appoint such surveyor, then the Superintendent of the Department
of Buildings or the Fire Inspector and the surveyor designated by
the Village shall make the survey and report.
Where the survey report concludes that a dangerous or unsafe condition exists in the subject building or structure, and that the danger to life or property requires remediation by entry upon the property by the Village and its designated contractor for the performance of emergency work, the Superintendent or Inspector shall immediately designate a contractor for the performance of said work and shall confer with the Village Attorney for the institution of an action pursuant to §
89-6 herein.
A signed copy of the report of survey shall be promptly served in the same manner as the notice to abate as set forth in §
89-3 herein.
Where the survey report concludes that the building or structure
is dangerous and unsafe, Village Counsel shall institute an action
in the Supreme Court of the State of New York, County of Nassau, for
an order under CPLR Article 63 restraining the owner or the owner's
executor, legal representative, agent, lessee or any other person
having a vested or contingent interest in the said building or structure,
and all employees thereof from performing any acts or taking any measures
which would interfere with the entry by the Village and its designated
contractor upon the subject property, building or structure, to complete
the said repairs, securing or removal of the building or structure
to remedy the unsafe or dangerous condition. No undertaking shall
be required as a condition to the grant of an injunction under this
chapter.
[Amended 8-20-2007 by L.L. No. 11-2007]
A. All costs and expenses incurred by the Village in connection with
the enforcement of the provisions of this chapter, including expenses
of retaining a practical builder, engineer or architect, the legal
expenses of consultation and litigation, the costs and charges of
the contractor designated by the Village to effectuate the work necessary
to remediate the dangerous or unsafe condition, court costs, and any
other fees, costs or expenses incurred by the Village, after written
notice to the record owner of the subject building served by personal
service, or by both certified mail, return receipt requested, and
first class mail together with posting on the front door of the subject
premises, shall be assessed against the land on which the building
or structure is situated and shall constitute a lien against said
land. The said costs and expenses shall, if not collected through
any other legal remedy available to the Village, be assessed against
the said real property and collected in the manner fixed by law for
the collection of real property taxes.
B. Appeals.
(1) Said owner may file a written appeal from the assessment of the said costs within 10 days of the date of the notice described in Subsection
A herein.
(2) Upon receipt by the Village of such appeal, the Mayor shall appoint
one Trustee as Hearing Officer to take evidence and render a determination
affirming or reversing the action of the Superintendent dent or Inspector
in incurring such costs in enforcing the provisions of this chapter.