[Amended 5-3-2011 by L.L. No. 17-2011]
It shall be unlawful to occupy, lease, sublease, rent or hire, or permit another to lease, sublease, rent or hire to another person(s) any structure, building, dwelling, dwelling unit, rooming house, or rooming unit when such structure, building, or dwelling is unfit for human occupancy or habitation, or is unlawful.
[Amended 5-3-2011 by L.L. No. 17-2011; 1-10-2017 by L.L. No. 2-2017]
Any structure, building, equipment, dwelling, dwelling unit, rooming house, or rooming unit may be condemned if, in the opinion of the Code Officer, it is unfit for human habitation or occupancy, if any one or more of the following conditions exist:
(A) 
The structure is unlawful as defined in this chapter.
(B) 
The structure contains unsafe equipment, lacks illumination, ventilation, sanitation, heat or other facilities adequate to protect the health and safety of the occupants or the public.
(C) 
The structure is damaged, decayed, dilapidated, unsanitary, unsafe or infested in such a manner as to create a hazard to the health and safety of the occupants or the public.
(D) 
The structure, because of the location, general conditions, state of the premises, number of occupants or other reason, is unsanitary, unsafe, dilapidated, overcrowded or for other reasons is detrimental to health and safety of the occupants or the general public.
(E) 
The structure, because of the failure of the owner, person-in-charge of the property, or occupant to comply with notices or orders issued by the Code Officer is unfit for human habitation or occupancy, or a hazard to the public.
(F) 
Unfit for habitation or occupancy due to prolonged lack of maintenance or owner failure.
(G) 
Any other condition which, in the opinion of the Code Officer, is dangerous or jeopardizes the health, welfare and safety of the general public or occupants.
[Amended 1-10-2017 by L.L. No. 2-2017]
The Code Officer and/or any consultant retained by the town may inspect a building, structure, dwelling, dwelling unit, rooming house or rooming unit, or any building system or equipment, in whole or in part, which, in his or her judgment, is or may become dangerous or unsafe for human habitation, or threatens the health, safety or welfare of the occupants or general public, or is hazardous to property, or is unlawful, and shall prepare a report of his or her findings. In the absence of a warrant duly issued by a court of law, nothing in this chapter, except in the case of an emergency, shall be deemed to authorize the Code Officer or consultant to conduct an inspection without the consent of the owner or person-in-charge of the property, if the building, structure, dwelling, dwelling unit, rooming house or rooming unit to be inspected is unoccupied, and if occupied, upon the consent of the occupant thereof or owner or person-in-charge of the property.
[Amended 5-3-2011 by L.L. No. 17-2011; 1-10-2017 by L.L. No. 2-2017]
(A) 
Whenever the Code Officer determines, based on an inspection by the Town and/or its consultant, that there exists a violation of this chapter, or a building, structure, dwelling, dwelling unit, rooming house or rooming unit is dangerous or unsafe for human habitation, or threatens the health, safety or welfare of the occupants or general public, or is hazardous to property, or is unlawful, or a building system or equipment is unsafe or hazardous, written notice shall be served by the Code Officer upon the property owner, his agent, or person-in-charge of the property, or any person having a vested or contingent interest in the property as shown on the most current assessment roll of the Town Assessor or records maintained by the Receiver of Taxes, and the occupant directing the removal, remediation or abatement of the unsafe, unsanitary or hazardous condition by the date specified on the notice, and in the discretion of the Code Officer if circumstances warrant, notice that the occupants shall be removed and/or all entrances securely barricaded to prevent re-entry. Upon good cause shown to the satisfaction of the Code Officer, the period for compliance may be extended where remedial measures have been started and the delay is not under the control of or due to the actions of the person to whom the notice has been issued.
(B) 
Contents of notice. The notice of intent shall contain the following:
(1) 
A description of the property.
(2) 
A description of the unsanitary, unsafe or hazardous condition, or the reason the structure is unlawful, or is in violation of the chapter.
(3) 
A description of the remedial action which, if taken, will effectuate compliance with the notice.
(4) 
A statement that the remediation or abatement must commence immediately upon receipt of the notice and completed within a specified date.
(5) 
If determined by the Code Officer to be necessary, a statement that the occupants be removed and/or all entrances barricaded to prevent re-entry by a specified date, if applicable.
(6) 
A statement that the owner, his agent, or person-in-charge of the property has the right to appeal the determination of the Code Officer by filing a written request for an appeal to the Department of Public Safety within twenty (20) days of receipt of such notice. The notice shall further state that all such appeals shall be accompanied by an administrative fee of one hundred and fifty ($150) dollars, a statement setting forth the objections to the report, and copies of such documents the appellant deems relevant or necessary to the controversy.
(7) 
A statement that in the event of the failure or refusal of the person to whom the notice is issued to remedy the condition and/or if applicable, barricade and remove the occupants by the date on the notice or approved date of extension, or to file an appeal within twenty (20) days of receipt of such notice, then in such event the notice shall automatically become a final order, and the Town may placard the structure, building, unit or equipment; order the occupants off the property; barricade the entrances to prevent re-entry; and/or remedy all or part of the defective, dangerous, unsanitary, or unsafe condition, and charge all the direct and indirect costs of placarding, vacating and barricading the premises, remedying the conditions, and disposing of the materials against the property if not paid within the time specified in accordance with the provisions of § 124-65.
(C) 
Amendment, modification or withdrawal. The Code Officer may amend, modify or withdraw any notice issued if, in his or her judgment, the circumstances warrant such action provided the amended or modified notice is clearly marked as such and is served as provided in (D) herein within five (5) business days of service of the original notice, and a hearing has not occurred. A notice may be withdrawn at any time for good cause.
(D) 
Service of the notice. The notice shall be served either personally in accordance with the CPLR, or by registered or certified mail, return receipt requested and by regular mail, and addressed to the property owner at the last address shown on the most current assessment roll of the Town Assessor or records maintained by the Receiver of Taxes, or to the owner's agent or person-in-charge of the property at the last known address, or person having a vested or contingent interest in the property as shown on the most current assessment roll of the Town Assessor or records maintained by the Receiver of Taxes, and to the occupant by mailing the notice to the property address. If service is made by regular mail and by registered or certified mail, a copy of the notice shall be securely affixed in a conspicuous place upon the building or structure, equipment, dwelling, dwelling unit, rooming house, or rooming unit which is the subject of the notice as access permits. If the mailing is returned for any reason, service shall be valid if mailed to the address set forth herein, as long as the notice has also been posted on the property.
[Amended 5-3-2011 by L.L. No. 17-2011; 1-10-2017 by L.L. No. 2-2017]
(A) 
Grounds for a default. The notice of intent shall automatically become a final order if there is no compliance or compliance has not been achieved to the satisfaction of the Code Officer, or if there has been no request for an appeal within the period specified, or, if having requested an appeal, there has been no appearance at the hearing by the person who has requested the appeal. The resulting order shall be served in the same manner as the original notice.
(B) 
Authority of Code Officer. In the event of a default as set forth in (A) above, the Code Officer shall post a placard on the property or, if applicable, on the defective equipment as access permits, and is authorized to take such other action as set forth in § 124-57(B)(7).
[Amended 5-3-2011 by L.L. No. 17-2011; 1-10-2017 by L.L. No. 2-2017]
If one is requested, an appeal hearing may be held by the Huntington Town Board or a duly appointed Administrative Hearing Officer, at the option of the Town. Hearings may be adjourned only upon good cause shown.
(A) 
Town Board Action. The Town Board may consider the report of the inspection and evidence produced by the appellant, and accept or reject, in whole or in part, the findings and recommendations of the Code Officer or town consultant with or without conditions as it deems advisable. The Town Board shall render its findings and determination no later than the next regularly scheduled Town Board meeting following the hearing and may make a determination on the same day as the hearing. Upon a finding that the building, structure, equipment, dwelling, dwelling unit, rooming house or rooming unit is or may become dangerous or unsafe for human habitation or occupancy, or is a hazard to the public safety or to property, or is an unlawful building or structure, the Town Board may condemn the structure and direct the owner, his agent, the occupant(s) or person-in-charge of the property, or any person having a vested or contingent interest in the property to vacate the occupants from the building or unit and barricade the entrances to prevent re-entry if warranted by the circumstances, within the time specified by the Board until the hazardous or unsafe condition is rectified as directed, and upon the failure, neglect or refusal of such person(s) to comply, the Board may authorize the Code Officer to placard the building, structure, unit or equipment, order all occupants to vacate the premises and barricade the entrances to prevent re-entry, if warranted, and in addition, may order the code enforcement officer or other town agency or department to remedy the dangerous, unsanitary, or unsafe condition at the owner's own cost and expense. The town shall charge all costs incurred by the Town as set forth in this chapter. A copy of the Town Board resolution shall be mailed by the Town Attorney to the person(s) named in the original notice, or their attorney(s), if known, by regular mail and by registered or certified mail, return receipt requested, and shall be posted on the premises. The decision of the Town Board shall be filed with the Huntington Town Clerk and shall be final.
(B) 
Administrative Hearing Officer. On the appeal, the Hearing Officer shall consider the evidence and submit his or her written determination accepting or rejecting, in whole or in part, the findings of the Code Officer and/or town consultant, with or without conditions as he or she deems advisable. A copy of the Administrative Hearing Officer's report shall be filed with the Town Clerk and served upon the appellant, or his attorney, if known, in the same manner as the Notice. The determination of the Hearing Officer shall be final as to the Town. Upon a finding that the building, structure, equipment, installation, dwelling, dwelling unit, rooming house or rooming unit is or may become dangerous or unsafe for human habitation or occupancy, or is a hazard to the public safety or to property, or is an unlawful building or structure, the Hearing Officer may condemn the structure and direct the owner, his agent, the occupant(s) or person-in-charge of the property, or any person having a vested or contingent interest in the property to vacate the occupants from the building or unit and barricade the entrances to prevent re-entry if warranted by the circumstances, within the time specified by the Hearing Officer until the hazardous or unsafe condition is rectified as directed, and upon the failure, neglect or refusal of such person(s) to comply, the Hearing Officer may authorize the Code Officer to placard the building, structure, unit or equipment, order all occupants to vacate the building or unit and barricade the entrances to prevent re-entry, if warranted, and in addition, may order the code enforcement officer or other town agency or department to remedy the dangerous, unsanitary, or unsafe condition at the owner's own cost and expense. The Town shall charge all costs incurred by the Town as set forth in this chapter.
(C) 
Conduct of hearings. At the appeal hearing, the person to whom a notice has been issued shall be entitled to be represented by legal counsel and provided with an opportunity to be heard. He may present the testimony of witnesses, experts and other evidence in his own behalf as he deems necessary and relevant to the subject matter of the hearing. All hearings shall be recorded.
[Amended 1-10-2017 by L.L. No. 2-2017]
Notwithstanding any other provision of this chapter to the contrary, if, in the judgment of the Code Officer, an emergency exists as where there is imminent danger of failure or collapse of a structure, building, or equipment, which endangers life; or where there is actual or potential danger to the occupants of or to those in the proximity of any structure, building or equipment because of the existence of explosive fumes or vapors, or the presence of toxic fumes, gases or materials, or due to the operation of defective or dangerous equipment; or other imminent danger, condition or peril which is or may become dangerous or unsafe for human habitation or occupancy, or because of any reason set forth in § 124-55 imminent danger is found to exist to life or property, the Code Officer may immediately placard the structure, building, unit or equipment in a conspicuous place, as access permits, and order the premises, or part thereof, immediately vacated and barricade any portion of the building to prevent re-entry, until the dangerous, unsafe or unsanitary condition is remedied to the satisfaction of the Town. In such event, the Town shall, within 48 hours, serve written notice upon the owner, his agent, person-in-charge of the property, or person having a vested or contingent interest in the property that the building, unit or equipment has been placarded, the occupants have been removed and the entrances barricaded, as the case may be, and containing the additional information set forth in § 124-57(A) and (B) of this chapter, including the right of the recipient to appeal the determination of the Code Officer. The notice shall be served as set forth in § 124-57(D), and shall include service on the occupant(s) if not previously removed from the premises. The notice shall become a final order in the event of a default pursuant to the provisions of § 124-58.
[Amended 5-3-2011 by L.L. No. 17-2011; 1-10-2017 by L.L. No. 2-2017]
(A) 
Impeding government action.
(1) 
Any person or business entity who resists, obstructs or impedes the agents, servants, officers or employees of the Town in the placement of placard(s) or the execution of the order to vacate or while they are barricading the entrances shall be deemed in violation of this article and shall be subject to the fines and penalties provided in this chapter.
(2) 
Any person who resists, obstructs or impedes the agents, servants, officers or employees of the Town in the remediation, abatement, disposal or removal process shall be in violation of this chapter and shall be subject to the fines and penalties provided herein.
(B) 
Occupancy or use. It shall be unlawful to occupy or allow any person to occupy any land, building, structure, or dwelling that has been placarded, or to operate or use, or allow another to operate or use placarded equipment except by written authorization of the Code Officer, or by the owner, person-in-charge or other authorized person to repair, remedy or abate the condition.
(C) 
Tampering and removal. It shall be unlawful to deface or remove any placard posted. Placards may be removed whenever the defect or condition has been eliminated to the satisfaction of the Code Officer.
(D) 
Unsafe structures. It shall be unlawful for any person to fail to maintain any building, structure, equipment, dwelling, dwelling unit, rooming house or rooming unit which, due to prolonged lack of maintenance, or by reason of its age and decayed or dilapidated condition, or for other reasons in the judgment of the code officer jeopardizes the health, welfare and safety of the occupant(s), surrounding properties, or the general public, or is hazardous to property. Any person who fails, neglects or refuses to maintain structures, buildings, equipment, dwelling, dwelling unit, rooming house or rooming unit in a safe and habitable condition shall be in violation of this chapter.
(E) 
Permitted activity. It shall be unlawful and a violation of this chapter for any person to deviate in any way from the activity permitted by the code officer pending resolution of the hazardous, unsafe or unsanitary condition, or to disobey a lawful order of the code officer.
[Amended 1-10-2017 by L.L. No. 2-2017]
The owner, his agent, occupant, person-in-charge of the property, or person having a vested or contingent interest in the property shall be liable for the direct and indirect costs of abating the unsafe, unsanitary or hazardous condition.
(A) 
The costs incurred by the Town shall be certified by the director of each town department providing services and the Town Attorney shall mail written notice of such costs by both regular mail and certified or registered mail, return receipt requested, to the owner, his agent, occupant, person-in-charge of the property, or person having a vested or contingent interest in the property to the last known address, or to the last address shown on the most current assessment roll maintained by the Town Assessor or to the property address, as the case may be. The notice shall state that upon the failure to pay the amount certified within ten (10) days of receipt of the notice by cash, money order, or certified or bank check the amount will be added to the tax bill or other action will be taken without further notice. Nothing contained herein shall be construed to limit the Town's remedies or bar the commencement of an action to collect the debt in lieu of a tax lien.
(B) 
Tax lien. In the event the debt is not paid within the ten (10) day period, or if the mailing is returned by the Post Office because of the inability to make delivery for any reason, as long as the notice was properly addressed as set forth above, such certification of costs shall be provided to the Tax Receiver who shall cause the costs as shown thereon to be charged against such lands without further notice. The amount so charged shall forthwith become a lien against such lands and shall be added to and become part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officer(s) and in the same manner as taxes.
[Amended 1-10-2017 by L.L. No. 2-2017]