[HISTORY: Adopted by the Board of Trustees
of the Village of Williston Park 9-22-1975 by L.L. No. 2-1975 as Ch.
33 of the 1975 Code. Amendments noted where applicable.]
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 Village
of Williston Park.
E.
Those which have become or are so dilapidated, decayed,
unsafe or 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 village.
J.
Those buildings existing in violation of any provision of Chapter 230, Zoning, and any other provisions of this Municipal Code.
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 Inspector and the Board of Trustees 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
chapter 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 fifty-percent
damaged or decayed or deteriorated from its original value or structure
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 chapter 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 chapter or any other provisions of this Municipal Code
or statute of the State of New York it shall be demolished.
All unsafe buildings within the terms of § 74-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
The Building Inspector 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 chapter.
B.
Inspect any building, wall or structure reported (as
hereinafter provided for) by the Fire or Police Department of this
village as probably existing in violation of the terms of this chapter.
C.
Notify personally or in writing the owner or some one 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 some one of the owner's executors, legal representatives, agents, lessees or other person having a 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 the Building Inspector to be an unsafe building within the standards set forth in § 74-1 of this chapter.
(1)
The owner must vacate or repair or demolish said building
in accordance with the terms of the notice and this chapter.
(2)
The occupant or lessee must vacate said building or
may have it repaired in accordance with the notice and remain in possession.
(3)
Any mortgagee, agent or other person having an interest
in said building may, at his or her own risk, repair, vacate or demolish
said building or have such work or act done, provided that any person
notified under this subsection to repair, vacate or demolish any building
shall be given such reasonable time, not exceeding 10 days, as may
be necessary to do or have done the work or act required by the notice
provided for herein.[1]
D.
Set forth in the notice provided for in Subsection C hereof a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure an unsafe building and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding 10 days, as is reasonable.[2]
F.
Appear at all hearings conducted by the Board of Trustees
and testify as to the condition of unsafe buildings.
G.
Place a notice on all unsafe buildings reading as
follows:
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This building has been found to be an unsafe building by the Building Inspector. 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 some one 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 some one 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 the Building Inspector to be an unsafe building within the standards set forth in Chapter 74, § 74-1 of the Municipal Code. It is unlawful to remove this notice until such notice is complied with.
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The Board of Trustees shall:
A.
Upon receipt of a report of the Building Inspector as provided for in § 74-4E hereof, give written notice to the owner or some one 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 some one of the owner's executors, legal representatives, agents, lessees or other person having a 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 the Building Inspector to be an unsafe building within the standards set forth in § 74-1 of this chapter to appear before the Board on the date specified in the notice to show cause why the building or structure reported to be an unsafe building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Building Inspector's notice provided for herein in § 74-4D.
B.
Hold a hearing and hear such testimony as the Building
Inspector or the owner or some one of the owner's executors, legal
representatives, agents, lessees or any other person having a vested
or contingent interest in the property as shown by the records of
the Assessor or in the office of the County Clerk shall offer relative
to the unsafe building.
D.
Issue an order based upon findings of fact made pursuant to Subsection C commanding the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, as shown by the records of the Assessor or in the office of the County Clerk, to repair, vacate or demolish any building found to be an unsafe building within the terms of this chapter, and provided that any person so notified, except the owner, shall have the privilege of either vacating or repairing said unsafe building or any person not the owner of said unsafe building but having an interest in said building may demolish said unsafe building at his or her own risk to prevent the acquiring of a lien against the land upon which said unsafe building stands by the village as provided in Subsection E hereof.
E.
If such person fails to comply with the order provided for in Subsection D hereof within 10 days, the Board of Trustees shall cause such building or structure to be repaired, vacated or demolished, as the facts may warrant, under the standards hereinbefore provided for in § 74-2 of this chapter and shall, with the assistance of the Village Attorney, cause the costs of such repair, vacation or demolition to be charged against the land on which the building existed as a municipal lien or cause such costs to be added to the tax rolls as an assessment or to be levied as a special tax against the land upon which the building stands or did stand or to be recovered in a suit at law against the owner, provided that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety or general welfare of the people of this village, the Building Inspector shall notify the Village Attorney to take legal action to force the owner to make all necessary repairs or demolish the building.
A.
Violation of any of the provisions of this chapter
is hereby declared to be a violation pursuant to the Penal Law.
B.
For every violation of any provision of this chapter, the person violating the same shall be guilty of a violation punishable as provided in Chapter 1, §§ 1-18 and 1-19 of this Code or imprisonment of not more than 15 days as provided in the Penal Law.
[Amended 12-17-1979 by L.L. No. 4-1979; 10-1-1984 by L.L. No. 6-1984]
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless an unsafe building, as defined herein, is immediately repaired, vacated or demolished, the Building Inspector shall report such facts to the Board of Trustees, and the Board of Trustees 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 § 74-5E.
In cases, except emergency cases, where the owner, occupant or lessee is absent from the village, all notices or orders provided for herein shall be sent by registered mail to the party in interest as described in § 74-4C to the last known address of such party in interest, and a copy of such notice shall be posted in a conspicuous place on the unsafe building to which it relates. Such mailing and posting shall be deemed adequate service.
No officer, agent or employee of the Village
of Williston Park shall render himself or herself personally liable
for any damage that may accrue to persons or property as a result
of any act required or permitted in the discharge of his or her duties
under this chapter. Any suit brought against any officer, agent or
employee of the Village of Williston Park as a result of any act required
or permitted in the discharge of his or her duties under this chapter
shall be defended by the Village Attorney until the final determination
of the proceeding therein.[1]
Any volunteer fire fighter of the Village Fire
Department may make a report, in writing, to the Building Inspector
of any buildings or structures which are, may be or are suspected
to be unsafe buildings within the terms of this chapter.
All employees of the Police Department or any
other law enforcement official shall make a report, in writing, to
the Building Inspector of any buildings or structures which are or
may be deemed to be unsafe buildings within the terms of this chapter.
Such reports must be delivered to the Building Inspector within 24
hours of the discovery of such building.
