Town of Huntington, NY Unsafe and Damaged Buildings and Structures

It shall be unlawful to own, operate or maintain a building, staging, structure, or equipment which is in an unsafe, hazardous, unsanitary or dilapidated condition.

An owner, his agent, or person-in-charge of a building, staging, structure, or equipment shall maintain same in a safe and sanitary condition to preserve and protect the health, welfare and safety of the general public.

No act on the part of the Town performed in error or otherwise shall be deemed to be an oversight, error or dereliction of duty on the part of the Town, or shall serve to permit or allow the ownership, maintenance or operation of an unsafe, unsanitary or hazardous building, staging, or structure.

§ 191-04 Unsafe Buildings, Structures, Staging and Equipment.

[Amended 9-27-2016 by L.L. No. 40-2016; 1-10-2017 by L.L. No. 3-2017]

For the purpose of this chapter, a building, staging, structure, or equipment may be deemed unsafe, hazardous, unsanitary, dilapidated, or unfit for human habitation or occupancy if, upon inspection, any of the following apply:

Those having leaning or bulging wall(s); or

Those which, exclusive of the foundation, show damage or deterioration of the supporting member or members or damage or deterioration of the nonsupporting enclosing or outside walls or covering; or

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; or

Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety or the general health and welfare of the occupants or the general public; or

Those having light, air and sanitation facilities which are inadequate to protect the health, safety or general welfare of human beings who live or may live therein; or

(F)

Those having inadequate facilities for egress in cases of fire or other emergency, or those having insufficient stairways, elevators, fire escapes or other means of egress; or

(G)

Those where parts of the building, staging, or structure are in danger of detaching creating a hazardous condition; or

(H)

Those which are damaged, decayed, dilapidated, unsanitary, unsafe or infested in such a manner as to create a serious hazard to the health and safety of the public; or

(I)

Those having debris and rubble from fire or other occurrence or condition; or

(J)

Those maintained in unsanitary or overcrowded conditions, found in whole or in part to be occupied by more persons than permitted under this code; or

(K)

Those vacant and left unsecured at entrances, windows or other portions of the structure; or

(L)

Those unfit for habitation due to prolonged lack of maintenance or owner failure; or

(M)

Those with any other condition which, in the opinion of the code officer, is dangerous or jeopardizes the health, welfare and safety of the occupants or the general public.

§ 191-05 Report and Investigation.

[Amended 9-27-2016 by L.L. No. 40-2016; 1-10-2017 by L.L. No. 3-2017; 7-13-2021 by L.L. No. 35-2021]

The code officer and/or any consultant retained by the town may inspect any building, staging, equipment or structure which, in his or her opinion, is or may become dangerous or unsafe, or threatens the health, safety or welfare of the occupants or general public, or is a hazard to property, and shall prepare a report of his or her findings. The report shall contain a report or affidavit from the Department of Engineering Services. 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 and/or consultant to conduct an inspection without the consent of the owner or person-in-charge of the property, if the building or structure, or part thereof, to be inspected is unoccupied, and if occupied, upon the consent of the occupant thereof or owner or person-in-charge of the property.

§ 191-06 Notice to remedy the unsafe, unsanitary or hazardous condition.

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 or structure is dangerous or unsafe for human habitation or occupancy, or threatens the health, safety or welfare of the occupants or general public, or is a hazard to the public or to property, or the staging or equipment is unsafe or hazardous, written notice shall be served 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 maintained by the Town Assessor, along with the occupant(s), and any mortgagees and/or lienholders shown on a title report, directing the removal, remediation or abatement of the unsafe, unsanitary, hazardous or dangerous condition by the date specified on the notice, and in the discretion of the code officer, if circumstances warrant, notice that the occupant(s) shall be removed and/or all entrances securely barricaded to prevent re-entry. The period for compliance may be extended for good cause shown, as long as it can be demonstrated that 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.

[Amended 9-27-2016 by L.L. No. 40-2016; 1-10-2017 by L.L. No. 3-2017]

Contents of notice. The notice shall contain the following:

(1)

A description of the property.

(2)

A description of the unsafe, unsanitary or dangerous condition.

(3)

A description of the manner in which the building, staging, equipment or structure is to be secured or repaired, or demolished and removed.

[Amended 1-10-2017 by L.L. No. 3-2017]

(4)

A statement that the remediation or abatement must commence immediately upon the service of the notice and completed within a specified date.

(5)

If determined by the code officer to be necessary, a statement that the occupant(s) be removed and/or all entrances barricaded to prevent re-entry by a specified date, if applicable.

[Added 1-10-2017 by L.L. No. 3-2017[1]]

[1]

Editor's Note: This local law also redesignated former Subsection (B)(5) and (6) as Subsection (B)(6) and (7), respectively.

(6)

A statement that in the event of the failure or refusal of the person to whom the notice is issued to bring the property into compliance by the date on the notice or approved date of extension, or to comply with the order to remove the occupants and barricade the entrances, a hearing will be held on the date, time and place specified in the notice before the Town Board or an Administrative Hearing Officer to determine whether the report prepared of the inspection should be modified or withdrawn, and whether in the absence of any action by the owner, the Town may repair or secure, or demolish and remove the building, staging, structure or equipment, or, if applicable, placard the building, staging, structure or equipment, and, if deemed necessary, remove the occupant(s) and barricade the entrances to prevent re-entry.

[Amended 1-11-2011 by L.L. No. 1-2011; 9-27-2016 by L.L. No. 40-2016; 1-10-2017 by L.L. No. 3-2017]

(7)

A statement that in the event of his failure or refusal to remedy the condition, or, if applicable, barricade the entrances and remove the occupants by the date on the notice or approved date of extension, or appear at the hearing, then in such event, the notice shall automatically become a final order, and the building, staging, structure or equipment may be secured or repaired, or demolished and removed by the Town, and/or placarded, and if deemed necessary and not demolished, all occupants removed and the entrances barricaded. The Town shall charge all the direct and indirect costs and expenses of placarding, vacating and barricading the premises, remedying the conditions, securing the property and disposing of the materials against the property, if not paid within the time specified in accordance with the provisions of this chapter.

[Amended 1-11-2011 by L.L. No. 1-2011; 9-27-2016 by L.L. No. 40-2016; 1-10-2017 by L.L. No. 3-2017]

Amendment, modification or withdrawal. The code officer may amend, modify or withdraw any notice issued if, in his 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.

[Amended 1-10-2017 by L.L. No. 3-2017]

Service of the notice. The notice shall be served either personally in accordance with the Civil Practice Law and Rules (CPLR) or by registered or certified mail, return receipt requested and by regular mail, and addressed to the property owner at the last known address shown on the most current assessment roll of the Town Assessor, 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, and to the occupant(s) by mailing the notice to the property address, and any mortgagees and/or lienholders shown on a title report. 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, staging or structure which is the subject of the notice and if the notice pertains to equipment, it shall also be posted on the equipment, 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 9-27-2016 by L.L. No. 40-2016[2]; 1-10-2017 by L.L. No. 3-2017]

[2]

Editor's Note: This local law also moved the content of former Subsection (E), Filing of Notice, which immediately followed, to § 191-07.

§ 191-07 Filing of Notice and other documents.

[Added 9-27-2016 by L.L. No. 40-2016]

The notice, together with the lis pendens and metes and bounds description of the property, and any other supporting documents deemed necessary, shall be filed in the Office of the Suffolk County Clerk by the Town Attorney in the same manner as a Notice of Pendency, and with a lis pendens, meets and bounds description of property, notice of unsafe building/notice of public hearing, resolution setting the hearing, the consultant's report, if any, or the code officer's report, pursuant to Article 65 of the Civil Practice Law and Rules (CPLR). The notice shall remain effective for a one (1) year from the date of filing pursuant to Town Law § 130(16), and may only be vacated by an order of the court or upon the consent of the Town Attorney.

§ 191-08 Applicability of Chapter.

[Added 12-13-2022 by L.L. No. 33-2022]

The within Chapter shall be applicable to all property whether used in part or in whole as residential or commercial property within the Town.

When used herein the term "Owner" shall include any fee owner of the property, whether a natural person, Limited Liability Company or a Corporation.

Further, the term "Owner" shall include a Mortgagee, Tax Lien Purchaser, Tax Lien Servicer or mortgagee, a Contract Vendee or anyone having a contingent or beneficial interest in said property or any person occupying said property.

All terms and conditions of this Chapter shall also refer to and include a Blighted Property, whether or not a Restoration Agreement has been entered into pursuant to § 156-65.

Any Appeal of Action taken by the Town Board under Code Section Article VII for Blighted Property[1] or pursuant to Chapter 191, Unsafe and Damaged Buildings and Structures must be commenced within 30 days of the filing of any determination with the Huntington Town Clerk by the Town Board.

[1]

Editor’s Note: See Ch. 156, Art. VII.

§ 191-09 Hearing.

[Amended 1-11-2011 by L.L. No. 1-2011; 9-27-2016 by L.L. No. 40-2016; 1-10-2017 by L.L. No. 3-2017]

A 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 and at the discretion of the code officer.

Town Board Action. The Town Board may consider the report of the inspection and evidence produced by the property owner or other person appearing at the hearing, and accept or reject, in whole or in part, the findings and recommendations of the code officer and/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, staging, equipment or structure is or may become unsafe, unsanitary or hazardous, or a threat to the occupants or general public, or a hazard to the public or to property, or is unfit for human habitation or occupancy, the Board by resolution may 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 secure and/or repair, or demolish and remove the building, staging, equipment or structure, or direct that the occupant(s) be removed, and the entrances barricaded to prevent re-entry within the time specified in the resolution, and upon the failure, neglect or refusal of such person(s) to comply, the Town Board may authorize the code officer or other town personnel, upon reasonable notice, to enter the premises and secure or repair, or demolish and remove the building, staging, equipment or structure, and if warranted, direct that the property be placarded, the occupant(s) be removed, and the entrances barricaded to prevent re-entry. 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 also be posted on the premises. The decision of the Town Board shall be filed with the Huntington Town Clerk and shall be final.

Administrative Hearing Officer. The Hearing Officer may consider the report of the inspection and evidence produced by the property owner or other person appearing at the hearing, and accept or reject, in whole or in part, the findings and recommendations of the code officer and/or town consultant, with or without conditions as he or she deems advisable, and shall submit his or her findings and recommendations to the Town Board for ultimate determination. The Hearing Officer shall render his or her findings and recommendations to the Town Board no later than thirty (30) days from the close of the hearing. A copy of the Hearing Officer's report shall be mailed by the Town Attorney to the person(s) named in the original notice, or to their attorney(s), if known, by regular mail and by registered or certified mail, return receipt requested. Written notice of the date and time when the Town Board will consider the Hearing Officer's report shall be mailed to the person(s) named in the original notice, or to their attorney(s), if known, either along with the copy of the Hearing Officer's Report or under separate cover and mailed in the same manner at least twenty (20) days prior to the meeting date of the Board. The Town Board shall consider the Hearing Officer's report, and may adopt or reject, in whole or in part, any portion thereof as it deems advisable or necessary under the circumstances. Upon a finding that the building, staging, equipment, or structure is or may become unsafe, unsanitary or hazardous, or a threat to the occupants or general public, or a hazard to the public or to property, or is unfit for human habitation or occupancy, the Town Board may order 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 secure and/or repair, or demolish and remove the building, staging, equipment or structure, or direct that the occupant(s) be removed, and the entrances barricaded to prevent re-entry within the time specified in the resolution, and upon the failure, neglect or refusal of such person(s) to comply, may authorize the code officer or other town personnel, upon reasonable notice, to enter the premises and secure or repair, or demolish and remove the building, staging, equipment or structure, and if warranted, direct that the property be placarded, the occupant(s) removed, and the entrances barricaded to prevent reentry. 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 also be posted on the premises. The decision of the Town Board shall be filed with the Huntington Town Clerk and shall be final.

Conduct of hearings. At the 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.

§ 191-10 Action upon noncompliance.

[Amended 1-11-2011 by L.L. No. 1-2011; 1-10-2017 by L.L. No. 3-2017]

Upon the failure, neglect or refusal of the owner, his agent, occupant, person-in-charge of the property, or person having a vested or contingent interest in the property to remove, remedy or abate the unsafe, unsanitary or dangerous condition, or to take such other required action within the specified period of time; or if there has been no appearance at the hearing, 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 posted on the property and addressed as set forth in this chapter, Town personnel may enter the property, upon reasonable notice, and secure or repair, demolish or remove the building, staging, equipment or structure, or to abate the hazard, or to placard the property, remove the occupants and barricade the entrances to prevent re-entry, at the expense of the property owner, his agent, the occupant(s), or person-in-charge of the property as set forth herein.

§ 191-11 Liability for costs.

[Amended 9-27-2016 by L.L. No. 40-2016]

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, intended to reimburse the Town for the time and expense of holding the hearing, abating the condition, notifying the appropriate parties, certifying the amounts due to the Town, and charging same against the property or person responsible.

§ 191-12 Recovery of costs.

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 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.

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 in (A) herein, 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. 3-2017]

§ 191-13 Emergencies

[Amended 9-27-2016 by L.L. No. 40-2016; 1-10-2017 by L.L. No. 3-2017]

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, staging 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, staging 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 § 191-04 imminent danger is found to exist to life or property, the code officer may immediately placard the structure, building, staging, or equipment, as applicable, in a conspicuous place, and order the premises, or part thereof, immediately vacated and barricade any portion of thereof 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, and any known mortgagees and/or lienholders, that the building, staging structure 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 § 191-06(B) of this chapter, including the right of the recipient to appear for a hearing to challenge the determination of the code officer. Said notice shall be served as set forth in § 191-06(D) except that only those mortgagees and/or lienholders that are known to the Town shall be notified since no title report is required under the circumstances, and if the occupant(s) have not been removed, notice shall be given to the occupant(s). Said notice shall become a final order in the event of a default pursuant to the provisions of § 191-10.

§ 191-14 Transfer of Title.

[Added 9-27-2016 by L.L. No. 40-2016]

The transfer of title by the owner (transferor) of the unsafe building, staging, structure, or equipment to another party (transferee) shall be no defense in any pending proceeding commenced by the Town. Upon receipt of proof by the transferor of a transferee, the transferor shall notify the Town and provide such proof containing the transferee's contact information. The owner of the unsafe building, staging, equipment or structure who is transferring title shall provide the name and address of the proposed buyer/transferee within thirty days of the contract of sale being executed, or in the case of a bank foreclosure within thirty days that a judgement of foreclosure and sale is received. Failure to provide such information to the Town shall be deemed in violation of this chapter.

§ 191-15 Prohibited acts.

[Added 1-10-2017 by L.L. No. 3-2017]

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 an order to vacate or while they are barricading the entrances shall be deemed in violation of this chapter and shall be subject to the fines and penalties provided herein.

(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 deemed in violation of this chapter and shall be subject to the fines and penalties provided herein.

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.

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.

Unsafe structures. It shall be unlawful for any person to fail to maintain any building, structure, staging or equipment, 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, staging, or equipment in a safe and habitable condition shall be in violation of this chapter.

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.

§ 191-16 Penalties for Violations.

[Amended 11-6-2019 by L.L. No. 56-2019]

In addition to assessing costs against the property as provided in this chapter, or against a responsible person through a civil action, any person who violates or permits another to violate a provision of this chapter shall be deemed to have committed an offense against this chapter and shall, upon conviction thereof, be subject to a fine of not less than one thousand ($1,000) dollars and not more than five thousand ($5,000) dollars. Each day, or part thereof, such violation continues or is permitted to exist shall constitute a separate offense punishable in like manner. Any person found by the Bureau of Administrative Adjudication to have violated any provision of this chapter shall likewise be subject to a monetary penalty within the range of fines authorized herein for any offense or continuing offense.

In addition to the criminal and civil penalties set forth in subdivision (A), the Town Attorney may maintain an action in the name of the Town in a court of competent jurisdiction for civil penalties in the sum of not less than two hundred fifty ($250) dollars nor more than one thousand five hundred ($1,500) dollars for each day or part thereof the offense continues or is permitted to exist.

The town attorney is authorized to maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter, or to pursue other equitable or legal remedies and penalties as in his/her judgment may seem necessary and proper, and to recover legal fees.

§ 191-17 Real Property in Default Registration.

[Added 12-13-2022 by L.L. No. 33-2022]

Any real property that is under a current notice of default or a foreclosure action and/or notice of mortgagee's sale, pending Tax Assessor's lien sale and/or properties that have been the subject of a foreclosure sale where the title was retained by the beneficiary of a mortgage involved in the foreclosure and any properties transferred by a deed in lieu of foreclosure or sale shall comply with the Registration Process herein. This section relates to property subject to a mortgage which has been determined by the Mortgagee to be in default:

Duty to register: Within 10 days of date that a mortgagee declares its mortgage on a particular parcel to be real property in default, the mortgagee shall inspect and register the real property in default with the Town's mortgage-in-default registry. The mortgagee shall include in the registration if the real property in default is vacant or occupied.

Mortgage-in-default registration. Registration pursuant to this section shall contain the name of the mortgagee and mortgage servicer; the direct mailing address of the mortgagee and servicer, e-mail address and telephone number; the name and address, e-mail, and telephone number of a national and local property manager who shall be responsible for the inspection, security and maintenance of the real property in default. The local property manager named in the registration shall be available Monday through Friday between 9:00 a.m. and 5:00 p.m., holidays and lunch hours excepted, to be contacted by the Town.

A semi-annual nonrefundable application fee, as established by Town Board resolution, per real property in default shall accompany the mortgage-in-default registration form(s). Subsequent semi-annual applications of defaulted properties and fees are due within 10 days of the expiration of the previous registration.

This section shall also apply to properties that have been the subject of foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.