[Adopted 8-25-1981 by L.L.
No. 1-1981 as Ch. 33 of the 1981 Code]
This article shall be known and may be cited as the "Unsafe Buildings
Ordinance of the City of Glen Cove."
As used in this article, the following terms shall have the meanings
indicated:
UNSAFE BUILDINGS
All buildings or structures which have any or all of the following
defects shall be deemed unsafe buildings:
A.
Those whose interior walls or other vertical structural members list,
lean or buckle to such an extent that a plumb line passing through the center
of gravity falls outside of the middle third of its base.
B.
Those which, exclusive of the foundation, show 33% or more of damage
or deterioration of the supporting member or members or 50% of damage or deterioration
of the nonsupporting enclosing or outside walls or covering.
C.
Those which have improperly distributed loads upon the floors or roofs
or in which the same are overloaded, or which have insufficient strength to
be reasonably safe for the purpose used.
D.
Those which have been damaged by fire, wind or other causes so as to
have become dangerous to life, safety, morals or the general health and welfare
of the occupants or the people of the City of Glen Cove.
E.
Those which have become or are so dilapidated, decayed, unsafe, unsanitary
or which so utterly fail to provide the amenities essential to decent living
that they are unfit for human habitation or are likely to cause sickness or
disease so as to work injury to the health, morals, safety or general welfare
of those living therein.
F.
Those having light, air and sanitation facilities which are inadequate
to protect the health, morals, safety or general welfare of human beings who
live or may live therein.
G.
Those having inadequate facilities for egress in case of fire or panic
or those having insufficient stairways, elevators, fire escapes or other means
of escape.
H.
Those which have parts thereof which are so attached that they may fall
and injure members of the public or property.
I.
Those which because of their condition are unsafe, unsanitary or dangerous
to the health, morals, safety or general welfare of the people of this city.
J.
Those buildings existing in violation of any provision of this Code
such as but not limited to the Fire Prevention Code, the Housing Code and
the Zoning regulations.
K.
Any building or structure which remains vacant and unattended continuously
for a period of five years.
The following standards shall be followed in substance by the Building
Department Administrator in ordering repair, vacation or demolition:
A. If the unsafe building can reasonably be repaired so
that it will no longer exist in violation of the terms of this article it
shall be ordered repaired.
B. If the unsafe building is in such condition as to make
it dangerous to the health, morals, safety or general welfare of its occupants
it shall be ordered to be vacated.
C. In any case where an unsafe building is so damaged or
decayed or deteriorated from its original value or structure so that it cannot
be economically restored, it shall be demolished, and in all cases where a
building cannot be repaired so that it will no longer exist in violation of
the terms of this article, it shall be demolished. In all cases where an unsafe
building is a fire hazard existing or erected in violation of the terms of
this article or any other provisions of this Code or laws of the State of
New York, it shall be demolished.
All unsafe buildings within the terms of §
112-2 of this article are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
The Building Department Administrator shall:
A. Inspect any building, wall or structure about which complaints
are filed by any person to the effect that a building, wall or structure is
or may be existing in violation of this article and any other provisions of
this Code.
B. Inspect any building, wall or structure reported (as
hereinafter provided for) by the Fire or Police Departments of this city as
probably existing in violation of the terms of this article.
E. Place a notice on all unsafe buildings reading as follows: "This building has been found to be an unsafe building by this Building Department Administrator. This notice is to remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given the owner, or someone of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or someone of the owner's executors, legal representatives, agents, lessees or other person having vested or contingent interest in the same, as shown by the records of the Assessor or in the office of the County Clerk, of any building found by me to be an unsafe building within the standards set forth in §
112-2 of Chapter
112 of the Code of the City of Glen Cove. It is unlawful to remove this notice until such notice is complied with."
F. File a copy of such notice in the office of the County
Clerk which notice shall be filed by such Clerk in the same manner as a notice
of pendency pursuant to Article 65 of the Civil Practice Law and Rules, and
shall have the same effect as a notice of pendency as therein provided. A
notice so filed shall be effective for a period of one year from the date
of filing; provided, however, that it may be vacated upon the order of a judge
or justice of a court of record or upon the consent of the City Attorney.
The County Clerk shall mark such notice and any record or docket thereof as
canceled of record upon the presentation and filing of such consent or a certified
copy of such order.
If the owner, occupant, mortgagee or lessee fails to comply with an order of the Building Department Administrator within 30 days, or fails to request an appeal of said order as hereinafter provided, the Building Department Administrator shall cause such building or structure to be repaired, vacated or demolished as the facts may warrant, under the standards hereinbefore provided for in §
112-3 of this article. The expenses thereby incurred shall be paid by the interested person, as hereinabove set forth, or by the persons who caused or maintained such nuisance or other matter. The Building Department Administrator shall file as a part of his or her records an affidavit stating with fairness and accuracy the items of expense, and that each said items was necessary, and the cost thereof does not exceed the current hourly rate of wages for the action and the date of execution of actions as authorized by this article. The Building Department Administrator may institute suit to recover such expenses or may cause such expenses together with a charge of 50% thereof to cover supervision and administration to be charged against the property as a lien. A notice of such lien shall be mailed to or served upon the interested person, as hereinabove set forth, claimed liable to pay the same, and a similar copy may be filed in the office of the Controller and the Assessor of the City of Glen Cove, and upon such filing shall be a lien on the real property to the same extent as city taxes and shall be included in the general city tax roll and enforced in the same manner as other city taxes.
In cases where it reasonably appears that there is immediate danger to life or safety of any person unless an unsafe building as defined herein is immediately repaired, vacated or demolished, the Building Department Administrator shall cause the immediate repair, vacation or demolition of such unsafe building. The costs of such emergency repair, vacation or demolition of such unsafe building shall be collected in the same manner as provided in §
112-7 of this article.
If the owner of the unsafe building or structure fails or refuses to repair or remove the unsafe building or structure within the time specified in the final order of the hearing officer, the Building Department Administrator shall report the same to the City Council. The City Council may direct that the city shall cause the repair or removal of the unsafe building. After the work has been completed, the Building Department Administrator shall file with the Controller the affidavit and notice of lien as provided in §
112-7 or take such other action as provided in §
112-7.
Notwithstanding any provision herein to the contrary, the Building Department
Administrator may institute suit against the owner of said premises for the
direct costs, together with a charge of 50% in addition thereto as compensation
to the city for administering, supervising and handling said work, and enter
judgment thereon against the owner personally for the aforesaid amount. The
imposition and collection of any fine or penalty hereinafter prescribed shall
not bar the right of the city to collect the cost of the removal or repair
of any unsafe building or structure as herein prescribed.
The transfer of title by the owner of premises upon which an unsafe
building or structure is located shall be no defense to any proceedings under
this article.
[Adopted 8-25-1981 by L.L.
No. 1-1981 as Ch. 62 of the 1981 Code]
If the owner, agent or person in possession, charge or control of property, land or unimproved parcels or part thereof when notified as provided in §
112-15 shall fail, neglect or refuse to place such property, land or unimproved parcels or part thereof in safe condition and to adopt such precautionary measures as shall have been ordered by the Director of Public Works within the time specified and as required in the notice of the Director of Public Works, such property, land or unimproved parcels or part thereof shall be forthwith vacated, and it shall be unlawful for any person to enter the same except for the purpose of making repairs or changes required by the Director of Public Works.
The owner of any property, land or unimproved parcels, agent or person
in possession, charge or control who is ordered to put the same in a safe
condition or to take down the same may, within 24 hours after the service
of such order, appeal to the City Council from such order, setting forth his
or her objections thereto, and the City Council shall review such order and
file its decision thereon, and its determination shall be final.
In case of great emergency, where the delay of proceeding as hereinbefore provided would result in probable loss of life or property, the Mayor shall have the power to direct the Director of Public Works to proceed at once to take such action as is needed to guard the safety of persons and property. In such case the Director of Public Works shall have full power and authority to provide all necessary means therefor and all expenses therefor shall be paid and collected as provided in §
112-18.
[Amended 5-27-1997 by L.L.
No. 2-1997; 6-27-2000]
Any person or corporation or officer thereof who shall violate any of
the provisions of this article, or who fails to comply therewith or who shall
fail to comply with any written notice of violation or order issued by the
Building Department Administrator, shall be guilty of a violation within the
meaning of the New York Penal Law and, upon conviction, shall be liable to
a fine of not less than $1,000 nor more than $2,000 or to imprisonment for
a period not to exceed 15 days, or both; and, upon a second conviction for
the same offense committed within five years of the date of the first offense,
shall be liable to a fine of not less than $2,000 nor more than $3,500 or
to imprisonment for a period not to exceed 15 days, or both; and, upon a third
conviction for the same offense committed within five years of the date of
the second offense, shall be liable to a fine of not less than $3,500 nor
more than $5,000 or to imprisonment for a period not to exceed 15 days, or
both. Each week that any such violation continues shall constitute a separate
and distinct violation. The owner or owners of any building or premises or
part thereof where a violation of any of the provisions of this article shall
exist or any lessee, tenant, builder, contractor, subcontractor, agent, person
or corporation employed in connection therewith and any person who assisted
in the commission of any such violation shall each be guilty of a separate
offense and, upon conviction thereof, shall be punishable as herein provided.