Unsafe buildings pose a threat to life and property in the Village of
Highland Falls. Buildings and structures may become unsafe by reason of damage
by fire, the elements, age, abandonment, lack of maintenance or repair or
general deterioration. Vacant buildings not properly secured at doorways and
windows also serve as an attractive nuisance for young children who may be
injured therein, as well as a point of congregation by vagrants and transients.
A dilapidated building may also serve as a place of rodent infestation, thereby
creating a health menace to the community. Debris, rubble or parts of buildings
left on the ground and not removed constitute a dangerous, unhealthy and unsightly
condition. It is the purpose of this chapter to provide for the safety, health,
protection and general welfare of persons and property in the Village of Highland
Falls by requiring such unsafe buildings to be repaired and secured or demolished
and removed.
As used in this chapter, the following terms shall have the meanings
indicated:
ABANDONMENT
The failure to use or occupy a building for its principal intended
purpose for a period of six or more months for any reason, regardless of intent.
BUILDING
Any building, structure or premises or portion thereof used or designed
for residential, business, industrial, recreational or other purpose.
BUILDING INSPECTOR
The Building Inspector or Code Enforcement Officer of the Village
of Highland Falls and his duly appointed assistants or deputies or such other
person appointed by the Board of Trustees to enforce the provisions of this
chapter.
PORTION OF BUILDING OR STRUCTURE
Any debris, rubble or parts of a building which remain on the ground
or on the premises after abandonment or demolition, reconstruction, fire or
other casualty.
UNSAFE BUILDING OR STRUCTURE
Any building, structure or premises or portion thereof which:
A.
Has interior walls or other vertical structural members which list,
lean or buckle to such an extent that a plumb line passing through the center
of gravity falls outside of the middle 1/3 of its base;
B.
Exclusive of the foundation, shows 33% or more of damage to or deterioration
of the supporting member or members or 50% of damage to or deterioration of
the nonsupporting enclosing or outside walls or covering;
C.
Has improperly distributed loads upon the floors or roofs or in which
the same are overloaded or have insufficient strength to be reasonably safe;
D.
Has been damaged by fire, wind, lack of maintenance or repair 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 Village of Highland
Falls;
E.
Has become or is so dilapidated, decayed, unsafe or unsanitary or which
fails to provide the amenities essential to decent or safe use or occupancy
such that it is unfit for human use or occupancy or is likely to cause sickness
or disease, so as to cause injury to the health, morals, safety or general
welfare of those using or occupying the building;
F.
Has light, air, electrical or sanitation facilities which are inadequate
to protect the health, morals, safety or general welfare of persons who live
or may live therein;
G.
Has inadequate facilities for egress in case of fire or panic or insufficient
stairways, elevators, fire escapes or other means of communication;
H.
Has parts thereof which are so attached that they may fall and injure
members of the public or property;
I.
Because of its condition, is unsafe, unsanitary or dangerous to persons
who live or may live therein or to the health, morals, safety or general welfare
of the people of the Village of Highland Falls;
J.
Is open at the doorways or windows or walls, making it accessible to
and an object of attraction to minors under 18 years of age, as well as to
vagrants and other trespassers;
K.
Is or may become a place of rodent infestation;
L.
Consists of debris, rubble or parts of a building or structure left
on the ground after abandonment or demolition, reconstruction, fire or other
casualty; or
M.
Presents any other danger to the public health, safety or general welfare.
When, in the opinion of the Building Inspector, any building located in the Village of Highland Falls shall be deemed to be dangerous or unsafe as to the public as defined in §
76-2, the Building Inspector shall make an inspection thereof and report, in writing, to the Board of Trustees his finding and recommendations in regard to the building's removal or repair.
The Board of Trustees shall thereupon consider said report, and, if it finds that such building is dangerous and unsafe to the public, it shall, by resolution, order its repair if the same can be safely repaired and secured and made to comply with Chapter
170, Property Maintenance, and if not, order its demolition and removal, and shall further order that a hearing be held before the Board of Trustees at a time and place therein specified and on at least five days' notice to the owner of the building and other persons having an interest therein to determine whether said order to repair or remove shall be affirmed or modified or vacated and, in the event of modification or affirmance, to assess all costs and expenses incurred by the Village in the repair or removal of such building against the land on which said building is located.
In addition to serving the notice as provided in §
76-5 above, the Village Board may, if it determines that the purposes of this chapter will be further effectuated, order that no person other than the owner or his agent shall enter upon the property and shall post on such property signs indicating "no trespassing." When such a determination is made, notice of such fact shall be included in the notice referred to in §
76-5 above. Anyone found trespassing in violation of this section shall be punished, upon conviction, by a fine not to exceed $250 and/or imprisonment not to exceed 15 days.
This notice shall contain the following statements.
A. The name of the owner or person in possession as appears
from the tax and deed records.
B. A brief description of the premises and its location.
C. A description of the building which is unsafe or dangerous
and a statement of the particulars in which it is unsafe or dangerous or a
copy of the Building Inspector's report.
D. An order requiring the same to be made safe and secure
or to be removed.
E. That the repair and securing or removal of said building
shall commence within a specified number of days of the service of the notice,
or on a specified date, and shall be completed within a specified number of
days thereafter, or on a specified date.
F. The time and place of the hearing to be held before the
Board of Trustees, at which hearing the owner or occupant or others having
an interest in the premises shall have the right to contest the order and
findings of the Board of Trustees.
G. That in the event that such owner, occupant or other
person having an interest in said premises shall fail to contest such order
or fail to comply with the same, the Board of Trustees will order the repair
or removal of such building by the Village, and the Village will assess all
costs and expenses incurred in such repair or removal against the land on
which such building is located.
H. That in any case where a building which is required to
be made safe and secure under this chapter is made safe by the boarding up
thereof, the material for such boarding shall be painted, as near as practicable,
the same color as the building.
I. That failure to commence the necessary repairs, improvements
or demolition within the time specified in the notice will constitute a violation
of the law, punishable, upon conviction, by a fine not to exceed $250 and/or
imprisonment not to exceed 15 days.
The Board of Trustees shall conduct the public hearing at the time and
place specified in the notice to repair or remove. It may adjourn the hearing
from time to time until interested parties are heard and until the hearing
is completed. At the conclusion of the hearing, the Board of Trustees shall
determine by resolution to revoke the order to repair or remove, modify said
order or affirm said order to direct the owner or other persons to complete
the work within the time specified in the order or such other time as shall
be determined by the Board of Trustees.
Each violation of any provision of this chapter or any lawful order
hereunder shall be punishable, upon conviction, by a fine not to exceed $250
and/or imprisonment not to exceed 15 days. Each week the violation continues
shall be deemed a separate and distinct violation.
All expenses incurred by the Village in connection with the proceedings
to repair and secure or demolish and remove the unsafe building, including
without limitation the cost of actually repairing and securing or demolishing
and removing such building, title search expenses, engineering fees and attorney's
fees, shall be assessed against the land on which such building is located
and shall be levied and collected in the same manner as provided for the levy
and collection of real property taxes.
The Board of Trustees, in its discretion, may elect to apply to the
Supreme Court of the State of New York for an order directing that the building
be repaired and secured or demolished and removed.
The Board of Trustees may commence a special proceeding pursuant to
§ 78-b of the General Municipal Law to collect the cost of demolition,
including reasonable and necessary legal expenses.