A.
All buildings, stagings or structures or portions
thereof which are structurally unsafe and/or dangerous are hereby
declared to be illegal and shall be abated by repair and rehabilitation
or by demolition in accordance with the procedures of this section.
B.
The Building Inspector shall examine or cause to be
examined every building, staging or structure reported as unsafe and/or
dangerous and shall make a written record of such examination.
C.
Correction of unsafe conditions.
[Amended 2-9-1981 by L.L. No. 2-1981[1]]
(1)
The Building Inspector shall inspect and report to
the Board of Trustees on the condition of any building or structure
or part thereof which, in his opinion, is or threatens to be a public
nuisance, a fire menace or dangerous to the health, morals, safety
or general welfare of the people of the Village. Any vacant building,
unguarded or open at door or window, shall be deemed dangerous or
unsafe.
(2)
If the Building Inspector, after an inspection, finds
any building or part thereof to be in an unsafe or dangerous condition,
he shall cause a notice to be served personally or by registered mail,
addressed to the last known address of the owner or, if such owner
cannot properly be served, to an executor, legal representative, agent,
lessee or other person having a vested or contingent interest in said
building as shown by the records of the Receiver of Taxes and/or in
the office of the County Clerk containing a description of the premises,
a statement of the particulars in which the building or structure
is unsafe or dangerous and directing that same be made safe and secure
or removed. The said notice shall state a time within which the person
served with such notice shall commence and shall complete the securing
or removal of said building or structure. If service of such notice
is made by registered mail, a copy of such notice shall be posted
on the premises.
(3)
In the event of neglect or refusal of the person served with the aforesaid notice to comply with same, the Board of Trustees shall direct a survey of the premises to be made by the Building Inspector together with a practical builder, engineer or architect to be named by the Board of Trustees and a report to be made to the Board of Trustees. The notice of the taking of the survey shall be served or mailed in the manner provided for the service or mailing of the notice provided for in Subsection C(2) hereof. Said notice shall state that in the event that the building or structure shall be reported unsafe or dangerous under such survey, an application will be made at a Special Term of the Supreme Court in the judicial district in which the property is located, not less than five nor more than 10 days thereafter for an order determining the building or structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed. The notice shall advise the party upon whom it is served that such party shall be entitled to have its builder, engineer or architect present during the survey.
(4)
The Board of Trustees may provide for reasonable compensation
for the persons making the report of survey.
(5)
A signed copy of the report of the said survey shall
be posted conspicuously upon the said premises.
(6)
In the event that the said dangerous or unsafe building is not repaired, secured, taken down or removed within the time and in the manner prescribed in the order of the Court entered pursuant to the application provided for in Subsection C(3) hereof, then the said building or structure may be repaired, secured, taken down or removed by the Village. All costs and expenses incurred by the Village in connection with the proceedings to remove or secure, including the cost of securing or removing said building or structure and actual legal fees, costs and expenses, may be assessed against the land on which said building or structure is located.
(7)
The owner or occupant of any such dangerous or unsafe
building or any other person who shall fail to comply with the order
of the Court to vacate, repair, demolish or remove said building shall
be guilty of a violation of this chapter and, upon conviction thereof,
shall be subject to a fine not to exceed $250 for each offense. The
violation hereof shall constitute a continuing offense, and each day
that the condition shall exist after notice thereof as provided herein
shall constitute a separate violation for which an additional fine
not to exceed $250 may be imposed.
[1]
Editor's Note: This local law also repealed
former Subsections D through H, which immediately followed this subsection,
concerning the process for correction of unsafe conditions.
For the purpose of administering and enforcing
Section C 401-2 of the State Building Construction Code, or any amendment
thereof, with regard to fire limits and determination of fire hazards,
that part of the Village located within the Apartment District (South
Middle Neck Road) and the Business District (Northern Boulevard),
as established and described under the Zoning Ordinance of the Village
of Russell Gardens,[1] shall be and hereby are designated as being within Fire
Limits B.
