[HISTORY: Adopted by the Board of Trustees of the Village
of Sag Harbor 2-2-1982 by L.L. No. 1-1982 (Ch. 10A of the 1968
Compilation). Amendments noted where applicable.]
Unsafe buildings pose a threat to life and property in the Village
of Sag Harbor. Buildings and structures may become unsafe by reason
of damage by fire, the elements, age 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. 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 Sag Harbor by requiring
such unsafe buildings be repaired or demolished and removed.
This chapter shall be known as the "Unsafe Buildings Law of
the Village of Sag Harbor."
As used in this chapter, the following terms shall have the
meanings indicated:
Any building, structure or portion thereof used for residential,
business or industrial purposes and any accessory building used in
conjunction therewith.
The Building Inspector of the Village of Sag Harbor or such
other person appointed by the Village Board to enforce the provisions
of this chapter.
When, in his own opinion or upon receipt of information that
a building is or may become dangerous or unsafe to the general public,
is open at the doorways and windows making it accessible to and an
object of attraction to minors under 18 years of age, as well as to
vagrants and other trespassers, is or may become a place of rodent
infestation, presents any other danger to the health, safety, morals
and general welfare of the public or is unfit for the purposes for
which it may lawfully be used, he shall cause or make an inspection
thereof and report, in writing, to the Village Board his findings
and recommendations in regard to its repair or demolition and removal.
The Village Board shall thereafter consider such report and,
by resolution, determine, if in its opinion the report so warrants,
that such building is unsafe and dangerous and order its repair, if
the same can be safely repaired, or its demolition and removal and
further order that a notice be served upon the persons and in the
manner provided herein.
The notice shall contain the following:
A.
A description of the premises.
B.
A statement of the particulars in which the building is unsafe or
dangerous.
C.
An order outlining the manner in which the building is to be made
safe and secure or demolished and removed.
D.
A statement that the securing or removal of such building shall commence
within 30 days of the service of the notice and shall be completed
within 60 days thereafter, unless for good cause shown such time shall
be extended.
E.
A date, time and place for a hearing before the Village Board in
relation to such dangerous or unsafe building, which hearing shall
be scheduled not less than five business days from the date of service
of the notice.
F.
A statement that, in the event of neglect or refusal to comply with
the order to secure or demolish and remove the building, the Village
Board is authorized to provide for its demolition and removal, to
assess all expenses thereof against the land on which it is located
and to institute a special proceeding to collect the costs of demolition,
including legal expenses.
Said notice shall be served:
A.
By personal service of a copy thereof upon the owner, executor, administrator,
agent, lessee or any person having a vested or contingent interest
in such unsafe building as shown by the records of the Assessor or
Tax Collector or of the County Clerk; or, if no such person can be
reasonably found, by mailing such owner, by registered mail, a copy
of such notice directed to his last known address as shown by the
above records;
B.
By personal service of a copy of such notice upon any adult person
residing in or occupying said premises if such person can be reasonably
found; and
C.
By securely affixing a copy of such notice upon the unsafe building.
A copy of the notice served as provided herein shall be filed
in the office of the County Clerk of the County of Suffolk.
In the event of the refusal or neglect of the person so notified to comply with said order of the Village Board and after the hearing, the Village Board shall provide for the securing or the demolition and removal of such building or structure either by Village employees or by contract. Except in an emergency, as provided in § 103-11 hereof, any contract for demolition and removal of a building in excess of $5,000 shall be awarded through competitive bidding.
All expenses incurred by the Village in connection with the
proceedings to repair and secure or demolish and remove the unsafe
building, including the cost of actually removing such building, and
legal expenses shall be assessed against the land on which such building
is located and shall be levied and collected in the same manner as
provided in Article 5 of the Village Law for the levy and collection
of a special ad valorem levy.
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property, unless an unsafe building is immediately repaired and secured or demolished, the Village Board may, by resolution, authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 103-10 hereof.
The surveyor appointed as provided herein shall be paid reasonable
compensation as shall be fixed by the Village Board.
