[HISTORY: Adopted by the Board of Trustees of the Village of Lynbrook as Ch. 7, Art. XXXI, and Ch. 7, Art. XXXII, of the 1967 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Boardinghouses, rooming houses and hotels — See Ch. 78.
Building construction and fire prevention — See Ch. 81.
Unsafe buildings — See Ch. 89.
Electrical standards — See Ch. 112.
Fire prevention — See Ch. 126.
Oil-burning equipment — See Ch. 166.
Plumbing — See Ch. 181.
Registration of businesses and multiple dwellings — See Ch. 189.
Zoning — See Ch. 252.
A. 
Issue. All notices of the violation of any of the provisions of this chapter and all notices required or authorized by this chapter directing anything to be done, including notices that any building, structure, premises or any part thereof is deemed to be unsafe or dangerous, shall be issued by the Superintendent of Buildings and shall have his name affixed thereto.
B. 
Contents. Each such notice or order, in addition to the statement of requirements, shall contain a description of the building, premises or property affected.
C. 
Personal service. All such notices, and any notice or order issued by any court in any proceeding, instituted pursuant to this chapter to restrain or remove any violation or to enforce compliance with any provision or requirement of this chapter may be served by delivering to and leaving a copy of same with any person violating, or who may be liable under any provisions of this chapter, or who may be designated as provided in Subsection D. They may be served by an officer or employee of the Department of Buildings or by any person authorized by said Department.
D. 
Notice of posting. If the person to whom such order or notice is addressed cannot be found within the village after diligent search shall have been made for him, then such notice or order may be served by posting same in a conspicuous place upon the premises where such violation is alleged to have been placed or to exist or to which such notice or order may refer or which may be deemed unsafe or dangerous and also by despositing a copy thereof in the post office in the village, enclosed in a sealed, postpaid wrapper addressed to said person at his last known place of residence, which shall be equivalent to a personal service of said notice or order upon all parties for whom such search shall have been made, whether residents or nonresidents of the State of New York.
A. 
Stopping work; vacating and securing building. In case there shall be, in the opinion of the Superintendent of Buildings, danger to life or property by reason of any defective or illegal work in violation of or not in compliance with any of the provisions of this chapter, the Superintendent, or such person as may be designated by him, shall have the right and power to order all further work to be stopped in and about said building and to require all persons in and about said building forthwith to vacate same and to cause work to be done in and about the building as in his judgment may be necessary to remove any danger therefrom.
B. 
Closing street temporarily. The Superintendent of Buildings may, when necessary for public safety, temporarily close the sidewalks, street, buildings, structures or places adjacent to said buildings or parts thereof; provided, however, that when any sidewalks or street is closed another means of safe passage is provided by the Superintendent of Buildings, and the Chief of Police or any of his subordinates, when called upon by said Superintendent of Buildings to cooperate, shall enforce all orders or requirements made under this section.
A. 
Action or proceeding, generally. Whenever the Superintendent of Buildings is satisfied that any building or structure, or any portion thereof, or any drainage or plumbing, erection, construction or alteration, execution or repair of which is regulated, permitted or forbidden by this chapter, is being erected, constructed, altered or repaired, or has been erected, constructed, altered or repaired in violation of any of the provisions of this chapter or in violation of any detailed statement of specifications or plans submitted and approved thereunder or of any certificate or permit issued thereunder or that any provision of this chapter or any order or direction made thereunder has not been complied with or that plans and specifications for plumbing and drainage have not been submitted or filed as required by this chapter, the Superintendent may, in his discretion, through the Village Counsel, institute any appropriate action or proceeding at law or in equity to restrain, correct or remove such violation or the execution of any work thereon or to sustain or correct the erection or alteration of or to require the removal of or to prevent the occupation or use of the building or structure erected, constructed or altered in violation of any of the provisions of this chapter or with respect to which the requirements thereof or of any order or direction made pursuant to any provisions contained therein shall not have been complied with. Any person who shall maintain or continue any building or structure, or any portion thereof, or any drainage or plumbing in violation of any of the provisions of this chapter, after having been duly notified as in this chapter provided that such building or structure, or any portion thereof, or that such drainage or plumbing is in violation of any provision of this chapter, shall be subject to any action or proceeding and any penalty that is provided in this chapter for the commission of the violation.
B. 
Village Counsel to act. The Village Counsel shall institute any and all actions and proceedings, either legal or equitable, that may be appropriate or necessary for the enforcement of this chapter, upon the order of the Board of Trustees of the village.
C. 
Court having jurisdiction. Any court of competent jurisdiction shall have cognizance and jurisdiction over any and all suits and proceedings authorized by this chapter to be brought for the recovery of any penalty or the enforcement of any provision of this chapter.
[Amended 3-2-1998 by L.L. No. 7-1998]
D. 
Restraining order. In any such action or proceeding the village may, in the discretion of the Superintendent of Buildings and on his affidavit setting forth the facts, apply to any court of record or to a Judge or Justice thereof for an order enjoining and restraining all persons from doing or causing or permitting to be done any work in or upon such building or structure or in or upon such part thereof as may be designated in said affidavit, for any purpose whatever until the hearing and determination of said action and the entry of final judgment therein.
[Amended 3-2-1998 by L.L. No. 7-1998]
E. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection E, Judgment, was repealed 3-2-1998 by L.L. No. 7-1998.
F. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection F, Lien of judgment, was repealed 3-2-1998 by L.L. No. 7-1998.
G. 
Lis pendens. The notice of lis pendens referred to in this section shall consist of a copy of the notice issued by the Superintendent of Buildings, requiring the removal of the violation and a notice of the suit or proceedings instituted or to be instituted thereon. Such notice of lis pendens may be filed at any time after the service of the notice issued by the Superintendent as aforesaid, provided that he may deem same to be necessary or is satisfied that the owner of the property is about to transfer same to avoid responsibility for having violated this chapter.
[Amended 3-2-1998 by L.L. No. 7-1998]
H. 
(Reserved)[3]
[3]
Editor's Note: Former Subsection H, Costs, was repealed 3-2-1998 by L.L. No. 7-1998.
I. 
Officers not liable for damages. No officer of the Department of Buildings, acting in good faith without malice, shall be liable for damages by reason of anything done in any action or proceeding instituted under this chapter or by reason of any act or omission in the performance of his official duties.
[Amended 3-2-1998 by L.L. No. 7-1998]
A. 
Comply with building notices. In case any notice or direction authorized to be issued by this chapter is not complied with within the time designated therein, the village, by the Village Counsel, may, at the request of the Superintendent of Buildings, apply to the Supreme Court at a special term thereof for an order directing the Superintendent to proceed to make the alterations or remove the violation, as same may be specified in said notice or direction.
B. 
Vacate for violations. Whenever any notice or direction so authorized shall have been served as directed in this chapter, and same shall not have been complied with within the time designated therein, the Board of Trustees shall, at the request of the Superintendent of Buildings, in addition to or in lieu of any other remedy provided for by this chapter, apply to the Supreme Court, at a special term thereof, for an order directing the Superintendent to vacate such building or premises or so much thereof as he may deem necessary and prohibiting same to be used or occupied for any purpose specified in said order until such notice shall have been complied with.
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, Responsibility of lessees or occupants, was repealed 3-2-1998 by L.L. No. 7-1998.
D. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D, Designation by an owner of a building, was repealed 3-2-1998 by L.L. No. 7-1998.
E. 
Reimbursement of village for expenses. The expenses and disbursements incurred in the carrying out of any order issued as provided in Subsection B shall become a lien upon the building or premises named in the order, which shall be recovered by the village as taxes as provided for in Village Law § 4-414.
[Amended 3-2-1998 by L.L. No. 7-1998]
A. 
General. Except as hereinafter provided with respect to the amount of the penalty the owner of any building, structure or part thereof or wall or platform, staging or flooring to be used for standing or seating purposes, or the owner of the land where any violation of this chapter shall be placed or shall exist, and any architect, builder, plumber, carpenter, mason or other person who may be employed or assist in the commission of any such violation, and all persons who shall violate any of the provisions of this chapter or fail to comply therewith or any requirement thereof or who shall violate or fail to comply with any detailed order or rules made thereunder or who shall build in violation of any detailed statement of specifications or plans, submitted and approved thereunder shall severally, for each and every such violation and noncompliance, respectively, be liable for and forfeit and pay a penalty as provided in Chapter 1, General Provisions, Article III, of the Code of the Village of Lynbrook for each offense. Any violation of this chapter shall constitute disorderly conduct, and any person violating this ordinance or any part thereof is hereby declared a disorderly person.
B. 
Heating plant and fire prevention violations. Any person who shall violate any of the provisions of this chapter as to the construction of chimneys, fireplaces, flues, hot-air pipes and furnaces, or who shall violate any of the provisions thereof relating to the framing or trimming of timbers, girders, beams or other woodwork in proximity to chimneys, flues or fireplaces, shall be liable for and forfeit and pay a penalty as provided in Chapter 1, General Provisions, Article III, of the Code of the Village of Lynbrook for each offense.
C. 
Continuing violation after notice. Any person who, having been served with a notice as prescribed in this chapter to remove any violation or comply with any requirement of this chapter or with any order or rule made thereunder, shall fail to comply with said notice within the time indicated thereon or who shall continue to violate any requirement of this chapter in the respect named in said notice shall be liable for and forfeit and pay a penalty as provided in Chapter 1, General Provisions, Article III, of the Code of the Village of Lynbrook for each offense.
[Amended 3-2-1998 by L.L. No. 7-1998]
D. 
Jurisdiction of penalty action. For the recovery of any penalty herein, an action may be brought in any court of competent jurisdiction, and whenever any judgment shall be rendered therefor, the same shall be collected and enforced as prescribed and directed by the Civil Practice Law and Rules of the State of New York.
[Amended 3-2-1998 by L.L. No. 7-1998]
E. 
Discontinuance of action upon removal of violation. If any violation shall be removed or be in process of removal within the time indicated on the notice thereof as prescribed in this chapter, the liability of such penalty shall cease, and the Village Board of Trustees, on request of the Superintendent of Buildings, shall discontinue any action pending to recover same, upon such removal or completion within a reasonable time.[1]
[1]
Editor's Note: Former § 161-6F, Remission of penalty, and § 161-7, Penalties for failure to comply with peremptory orders, which immediately followed this subsection, were repealed 3-2-1998 by L.L. No. 7-1998.