[HISTORY: Adopted by the Board of Trustees
of the Village of Clayton 12-5-1966. Amendments noted where applicable.]
The maintenance of any building or structure
within the Village limits of the Village of Clayton in a dilapidated
or unsafe condition is hereby prohibited.
The Superintendent of Public Works of the Village
of Clayton is hereby designated as the official inspection officer
to inspect any or all buildings which may be called to his attention
by anyone and to duly report to the Board of Trustees of the Village
of Clayton any buildings or structures which in his opinion are deemed
to be dangerous or unsafe to the public.
Upon such certification by the Superintendent
of Public Works, the Board of Trustees of the Village of Clayton may,
at its discretion or option, cause a notice to be served upon the
owner or some one of the owners, executors, legal representatives,
agents, lessees or any other person having a vested or contingent
interest in same, either personally or by registered mail, addressed
to the last known address, if any, of the owner or some one of the
owner's executors, legal representatives, agents, lessees or other
person having a vested or contingent interest in same, as shown by
the records of the Receiver of Taxes and/or in the office of the County
Clerk or County Register, containing a description of the premises,
a statement of the particulars in which the building or structure
is unsafe or dangerous and an order requiring same to be made safe
and secure or removed; and if such service is made by registered mail,
a copy of such notice shall be posted on the premises.
The notice described in § 46-3 shall provide that the person served with such notice shall commence and complete the securing or removal of the building or structure within 30 days from the date of the service or mailing of said notice.
If the person so served with the notice shall neglect or refuse to comply with the same, a survey of the premises shall be made by the Mayor of the Village of Clayton, by the Superintendent of Public Works and by a licensed professional engineer, or by a practical builder or architect if the Village is unable to secure the services of a licensed professional engineer, and by a practical builder, an engineer or an architect who shall be appointed by the person notified as above; and in the event of the refusal or neglect of the person so notified to appoint said surveyor, the persons named by the Village shall make the survey and report. The notice referred to in § 46-3 shall also state that in the event that the building or other 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 other structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed.
A signed copy of the report of survey shall
be posted upon the building within three days following the survey.
The surveyors shall be paid by the Village of Clayton such amounts
as shall be deemed proper and just by the Board of Trustees, and such
charges shall be a general charge against the Village of Clayton.
A.
It is hereby provided that all costs and expense incurred
by the Village of Clayton in connection with the proceeding to remove
or secure, including the cost of actually removing said building or
structure, shall be assessed and be a charge against the land on which
said building or structure is located.
B.
The Village may commence a special proceeding in a
court of competent jurisdiction to collect the costs of demolition,
including reasonable and necessary legal expenses incidental to obtaining
an order to demolish, from the owner of any building or structure
that may now be or shall hereafter become dangerous or unsafe to the
public. The provisions of Article 4 of the Civil Practice Law and
Rules shall govern any special proceeding commenced under this section.
[Added 1-6-1987 by L.L. No. 2-1987]
[Added 1-6-1987 by L.L. No. 2-1987]
Any violation of the provisions of this chapter
shall be punishable by a fine not exceeding $250 or imprisonment for
a term not exceeding 15 days, or both.
