All buildings or structures or portions thereof
which are structurally unsafe, unsanitary or not provided with adequate
egress or which constitute a fire hazard or are otherwise dangerous
to human life or which, in relation to existing use, constitute a
hazard to safety or health by reason of inadequate maintenance, dilapidation,
obsolescence or abandonment are, severally, for the purpose of this
section, unsafe buildings. All such unsafe buildings are hereby declared
to be illegal and shall be abated by repair and rehabilitation or
by demolition in accordance with the procedures of this article.
The Building Inspector shall examine or cause
to be examined every building reported as unsafe or damaged and shall
make a written report of such examination. A copy of the report shall
be submitted to the Board of Trustees.
In the event that such owner, agent or person
in control shall fail, neglect or refuse to comply with such notice
to complete specified repairs or improvements or to demolish and remove
within the stated time limit, a survey of the premises shall be made
by an inspector, engineer or architect to be named by the Board of
Trustees and a builder, engineer or architect appointed by the person
notified as above. The surveyors appointed by the Board of Trustees
shall be compensated by the Village, and the surveyor appointed by
the person notified shall be compensated by him. In the event of the
refusal or neglect of the person so notified to appoint such builder,
engineer or architect as surveyor, the two surveyors named by the
Board of Trustees shall make the survey and report to the Board of
Trustees. A signed copy of the report shall be posted on the premises.
The Board of Trustees shall thereupon take such action as it shall
deem necessary and proper, including application to the Supreme Court
of Nassau County if such action is warranted by the circumstances.
In cases of emergency which, in the opinion
of the Building Inspector, involve imminent danger to human life or
health, he shall promptly cause such building or portion thereof to
be made safe or removed. For this purpose, he may at once enter such
building or land on which it stands, or abutting land or buildings,
with such assistance and at such cost as may be necessary. He may
vacate the building or adjacent buildings and protect the public by
appropriate barricades or such other means as may be necessary and,
for this purpose, may close a public or private way. The Building
Inspector shall cause to be posted at each entrance to such building
a notice which reads as follows: "This building is unsafe and its
use or occupancy has been prohibited by the Building Department of
the Incorporated Village of Roslyn Harbor." Such notice shall remain
posted and the building unoccupied until the required repairs are
made and approved by the Building Inspector or demolition is completed.
It shall be unlawful for any person to remove such notice without
written permission of the Building Inspector or for any person to
enter the building except for the purpose of making the required repairs
or of demolishing the same.
All costs and expenses incurred by the Village
in connection with the above proceedings, including any attorney fees
incurred and the cost of actually removing said building or securing
the same, shall be assessed by the Board of Trustees upon the real
property in question. The owner, agent or person in control of the
building shall be served with a written notice by the Village Clerk,
sent by certified mail, of the total costs and expenses incurred by
the Village in connection with such proceedings. If such owner or
other person shall fail to pay such costs and expenses within 10 days
of the postmark date of such notice, the Village Clerk shall thereupon
notify the Village Assessor, who shall immediately fix and determine
a special assessment against the real property involved in the amount
of such costs and expenses and present such assessment to the Board
of Trustees for confirmation. A lien shall attach to the property
as of the time such assessment is confirmed, which lien shall have
the same priority as a Village tax. Collection and cancellation of
such special assessment shall be in accordance with the provisions
of the Village Law. This remedy shall be in addition to any other
penalty provided for under this Code.