[HISTORY: Adopted by the Board of Trustees of the Village of Lynbrook 10-20-1970 by Ord. No. 70-32 as Ch. 7, Art. XXX, and as Ch. 7, Art. XXXII, of the 1967 Code of Ordinances; amended in its entirety 5-14-2007 by L.L. No. 6-2007. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 81.
Moving of buildings — See Ch. 86.
Electrical standards — See Ch. 112.
Fire prevention — See Ch. 126.
Multiple dwellings — See Ch. 161.
Oil-burning equipment — See Ch. 166.
Plumbing — See Ch. 181.
Property maintenance — See Ch. 185.
Registration of businesses and multiple dwellings — See Ch. 189.
A. 
The term "dangerous or unsafe building" as used in this chapter is hereby defined to mean and include:
(1) 
Any building or other man-made structure which is dangerous or unsafe to the public health and welfare because of its condition which may cause injury to the health of or damages to the property of members of the public.
(2) 
Any building or other man-made structure which, because of faulty or deteriorated construction, age, lack of proper repair or any other cause, creates a fire hazard.
(3) 
Any building or other man-made structure which, by reason of faulty or deteriorated construction, age, lack of repair or any other cause, constitutes an imminent threat of injury to person or damage to property due to collapse or fall of any part of said building or structure.
(4) 
Any building or other man-made structure which, because of its condition including lack of secure doors or secure windows, is available to and frequented by malefactors or disorderly persons who are not lawful occupants of such building or structure.
B. 
Any such dangerous or unsafe building or structure in the Village of Lynbrook is hereby declared to be a nuisance.
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.
A. 
Whenever the Superintendent of the Department of Buildings or the Fire Inspector shall be of the opinion that any building or structure in the Village of Lynbrook is a dangerous or unsafe building or structure, he or she shall cause a written and signed notice to abate to be served upon the owner or the owner's executor, legal representative, agent, lessee, or any other person having a vested or contingent interest in said building or structure, by serving said notice personally or by certified mail, return receipt requested, addressed to the last known address as shown by the records of the Receiver of Taxes or in the office of the Clerk of the County of Nassau.
B. 
Such notice to abate shall contain:
(1) 
A description of the premises;
(2) 
A statement of the particulars in which the building or structure is an unsafe or dangerous building or structure;
(3) 
An order requiring said building or structure to be made safe and secure or removed;
(4) 
A statement that within 30 days the person served with such notice to abate must commence and complete the repair, securing or removal of the building or structure so as to remediate the dangerous or unsafe building condition;
(5) 
A statement that, in the event the said repair work, security work or removal is not undertaken as ordered, the Village will proceed with the necessary work pursuant to Village Code Chapter 89, a copy of which will be provided upon written request.
C. 
If such notice to abate shall be served by certified mail, return receipt requested, a copy thereof shall be posted on the subject building or structure within 48 hours of such mailing.
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.
A. 
Whenever the Superintendent of the Department of Buildings or Fire Inspector determines that a dangerous or unsafe building or structure poses an immediate threat of injury to life or property, he or she shall, upon the approval of the Board of Trustees, have the authority to order all persons in and about such building or structure to forthwith vacate the same, temporarily close the sidewalks, streets, buildings, structures or places adjacent to said building or structure, or parts thereof, and to cause emergency work to be done in and about the building or structure as in his or her judgment may be necessary to remove the threat of immediate injury to person or property.
B. 
Where such dangerous or unsafe condition arises during work which is determined by the Superintendent of the Department of Buildings or Fire Inspector to be defective, noncompliant with code, or illegal, the Superintendent or Inspector may serve a stop-work order and direct the removal of all workers from the premises. The Superintendent or Inspector shall then cause such work to be done as will adequately remedy the immediate danger of the unsafe condition.
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.
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.
A. 
It shall be unlawful for any person served with a notice to abate pursuant to § 89-3 of this chapter to knowingly maintain or knowingly permit or allow the maintenance of a dangerous or unsafe condition after the expiration of the thirty-day period specified in the said notice.
B. 
A violation specified in Subsection A hereinabove shall be punishable by a fine not to exceed $250 for each offense.
C. 
For the purposes of Subsections A and B above, each day during which there is a violation as specified in Subsection A hereinabove shall constitute a separate violation.