Pursuant to § 20, Subdivision 35, of the General City
Law of the State of New York and the powers of the City of Yonkers,
this article establishes the procedures for the removal or repair
of any building, structure or staging which endangers or will endanger
the health, safety or welfare of the public from any cause.
[Amended 9-24-1991 by L.L. No. 11-1991; 7-18-1996 by L.L. No.
5-1996]
A.
The Commissioner shall inspect any building, staging or structure
which may be unsafe or dangerous and submit a written report for the
official Commissioner files, setting forth in detail the condition
of the building, structure or staging at the time of inspection. The
report shall also be submitted to the Commissioner of Planning and
Development and the Commissioner of Public Works.
B.
Whenever a building or part of a building, staging or structure is
found to be in an unsafe or dangerous condition, the Department shall
cause the same to be entered upon a docket of unsafe buildings, to
be kept by the Department.
[Amended 9-24-1991 by L.L. No. 11-1991; 7-18-1996 by L.L. No.
5-1996]
Any building or part of a building, staging or other structure
which is a danger to life and safety as a result of structural instability,
fire, explosion or other hazardous situation or that, from any cause,
may now be or shall at any time hereafter become dangerous or unsafe,
in the judgment of the Commissioner of Planning and Development, the
Commissioner of Public Works and the Commissioner, shall be taken
down, demolished or removed or made safe and secure.
[Amended 9-24-1991 by L.L. No. 11-1991]
A.
If the Commissioner, Commissioner of Public Works and Commissioner
of Planning and Development shall find that a building, structure
or staging is or will be dangerous to the health, safety or welfare
of the public, they shall issue an order requiring the repair, removal
or other remedial action concerning the building, staging or structure.
[Amended 7-18-1996 by L.L. No. 5-1996]
B.
The order shall be served upon the owner, mortgagee, lienholders and all other persons of record having an interest in such property or structure, by either of the methods of service authorized in § 55-14A(1) or (3). If service is pursuant to § 55-14A(3), then a copy of the order shall also be posted per § 55-14A(4). Service by registered mail or certified mail shall be at the last known address as shown by the records of the City Assessor and/or in the office of the County Clerk. Such order shall also be posted on said premises in a conspicuous location and mailed to all known tenants.
[Amended 6-28-1994 by L.L. No. 7-1994[1]]
C.
The order shall:
(1)
Contain a description of the premises.
(2)
Contain a statement of the particulars in which the building, staging
or structure is unsafe or dangerous.
(3)
Require that the building, staging or structure be repaired, removed
or otherwise cured of the dangerous or unsafe condition.
(4)
State the time within which the owner shall commence and complete
repair, removal or other curative action.
(5)
State the time, place and date of a hearing to be held by the Commissioner,
the Commissioner of Public Works and the Commissioner of Planning
and Development on all matters raised by the order.
[Amended 7-18-1996 by L.L. No. 5-1996]
(6)
Require that the owner of the building, staging or structure attend
the hearing.
(7)
Inform all persons served that in the event that the owner fails
or refuses after hearing to repair, remove or otherwise cure the dangerous
or unsafe building, staging or structure as required by the Commissioner
or if the owner fails or refuses to attend the hearing, then the Commissioner
shall cause the City to repair, remove or otherwise cure the unsafe
or dangerous building, staging or structure and assess the costs and
expenses of the City against the land and otherwise collect such costs
and expenses as allowed by the Code of the City of Yonkers and the
laws of the State of New York.
[Amended 7-18-1996 by L.L. No. 5-1996]
D.
Any person served with an order may, prior to the time of hearing,
certify assent to the order. A certificate of assent shall be filed
with the Department, in writing, and shall:
[Amended 7-18-1996 by L.L. No. 5-1996]
E.
Upon filing a certificate of assent with the Department, the hearing
shall be postponed if the Commissioner approves the detailed statement
of work to be done and the timetable for its completion. The person
filing an approved certificate of assent shall timely and properly
complete the work called for in the certificate of assent.
[Amended 7-18-1996 by L.L. No. 5-1996]
F.
The hearing shall be rescheduled if the work is not properly and
timely completed, if reinspection is refused or if after reinspection
the conditions set forth in the order have not been properly remedied
as required in the order or the certificate of assent.
G.
If after reinspection all work required in the order and certificate
of assent has been properly and completely performed, the Commissioner
shall quash the order and the Corporation Counsel shall consent to
vacation of the order.
[Amended 7-18-1996 by L.L. No. 5-1996]
A copy of said order shall be filed in the County Clerk's office.
The order shall be filed by such Clerk in the same manner as a notice
of pendency pursuant to Article 65 of the Civil Practice Law and Rules
and shall have the same effect as a notice of pendency as therein
provided, except as otherwise hereinafter provided in this section.
An order so filed shall be effective for a period of one year from
the date of filing, provided that it is not vacated upon the order
of a Judge or Justice of a court of record or upon consent of the
Corporation Counsel. The Clerk of the County shall mark such order
and any record or docket thereof as canceled of record upon the presentation
and filing of such consent or of a certified copy of a court order.
[Amended 9-24-1991 by L.L. No. 11-1991; 7-18-1996 by L.L. No.
5-1996]
The hearing authorized by this article shall be held before
the Commissioner, the Commissioner of Public Works and the Commissioner
of Planning and Development, at which time any interested party may
be heard in regard to the matter contained in the order. After the
hearing the Commissioner, the Commissioner of Public Works and the
Commissioner of Planning and Development may alter, quash or leave
the order unchanged.
A.
In the event that the owner and other parties served fail or refuse
to attend the hearing, fail or refuse to timely and properly complete
all work to be done pursuant to an approved certificate of assent
or fail or refuse to repair, remove or cure as directed in the order,
within the time indicated therein, the City of Yonkers may, at any
time thereafter, in addition to any other remedies available, including
but not limited to prosecution for violation of this article, enter
upon such building, staging or structure to perform all work required
under the order.
B.
All costs and expenses incurred by the City of Yonkers in connection
therewith, including but not limited to the cost of actually repairing,
removing or curing the same and the cost of title searches, shall
forthwith be paid by the property owner.
C.
If not paid, they shall become and be a lien upon and against the
property or premises so affected.
D.
The costs and expenses may also be collected by one or more of the
following means:
E.
Notice of costs and expenses and of enforcement pursuant to Subsection C or D of this section shall be given to all recorded owners, mortgagees and lienholders by registered mail, return receipt requested, at the last known address as shown by the records of the City Assessor and/or in the office of the County Clerk.[1]
A.
If the Commissioner finds that a building, staging or structure is
in imminent danger of collapse, is an immediate peril to the public
health and safety or requires immediate action to protect the public's
health and safety, then the Commissioner may order that the City of
Yonkers or its contractors make repairs, remove or take other appropriate
curative action regarding such building, staging or structure.
[Amended 7-18-1996 by L.L. No. 5-1996[1]]
C.
After completion of the work ordered by the Commissioner, the Commissioner
shall notify all recorded owners, mortgagees and lienholders of the
costs and expenses incurred by the City of Yonkers in connection therewith,
including but not limited to the cost of actually repairing, removing
and curing and the cost of title searches. Such costs and expenses
shall be paid by the owner.
[Amended 7-18-1996 by L.L. No. 5-1996]
D.
The Commissioner shall notify the owners, mortgagees and lienholders of record of costs and expenses at their last known addresses as shown by the records of the City Assessor and/or in the office of the County Clerk. Notice shall be given by any of the methods of service authorized in § 55-14A(1), (2), (3) or (5).
[Amended 7-18-1996 by L.L. No. 5-1996[2]]
E.
If such costs and expenses are not paid, then they may be collected by any one or more of the means authorized in § 56-82.
F.
Relocation costs and expenses of tenants.
[Added 3-12-2019 by L.L.
No. 3-2019]
(1)
Whenever the City of Yonkers has incurred expenses in providing assistance in the relocation services for tenants, pursuant to any section of this chapter or any other chapter under the Code, the City of Yonkers shall be entitled to reimbursement of such expenses from the owner of the building from which such tenants were relocated, if the condition giving rise to the need for such relocation arose as a result of the negligent or intentional acts of such owner, or as a result of his or her intentional failure to maintain such dwelling in accordance with the standards prescribed by the Building Code of New York State, the Fire Code of New York State, the Property Maintenance Code of New York State, the New York State Multiple Dwelling Law, the Fire and Buildings Code of the City of Yonkers (Chapter 55), the Building and Electrical Code of the City of Yonkers (Chapter 56), the Plumbing and Drainage Code of the City of Yonkers (Chapter 57), the Housing and Building Maintenance Code of the City of Yonkers (Chapter 58), the Fire Code of the City of Yonkers (Chapter 59) or other housing or health code governing such dwelling.
(2)
It shall be the duty of the owner to provide security for the structure
and any and all contents thereof.
(3)
The expenses incurred for which payment to the City of Yonkers is
due under this provision(s) of this section shall include but not
be limited to departmental costs, overtime, moving expenses, temporary
security or other reasonable allowances given to induce tenants to
relocate voluntarily.
(4)
The City of Yonkers may bring an action against the owner for the
recovery of such expenses. The institution of such action shall not
suspend or bar the right to pursue any other remedy provided by this
section or any other law for the recovery of such expenses.
[Amended 7-18-1996 by L.L. No. 5-1996]
In case there shall be, in the opinion of the Department, imminent danger of the falling of any building, structure or staging or part thereof so as to immediately endanger life or property and require immediate action to protect the public's health and safety, the Department shall, without prior notice, cause the necessary work to be done to render such building or part thereof temporarily safe. Powers authorized herein are in addition to any action which may be undertaken pursuant to § 56-83. Costs of temporary safeguards shall be paid by the owner, with notice and methods of collection as provided in § 56-83.
[Amended 7-18-1996 by L.L. No. 5-1996]
In case of the falling of any building or part thereof in the
City where persons are known or believed to be buried under the ruins,
the Department shall cause an examination of the premises to be made
for the recovery of the bodies of the killed and injured. Whenever,
in making such examination, it shall be necessary to remove any debris
from the premises, the Commissioner of Public Works, when called upon
by the Department, shall cooperate with the Department in carrying
out the purposes of this section and shall provide suitable and convenient
places for the deposit of the debris.
[Amended 7-18-1996 by L.L. No. 5-1996]
The Department shall have power in such cases, and also where
any building or part thereof has fallen and life is endangered by
the occupancy thereof, to order and require the inmates and occupants
of such building or part thereof to vacate the same forthwith. The
Department may, when necessary for the public safety, temporarily
close sidewalks, streets, buildings, structures and places adjacent
to such building or part thereof and prohibit the same from being
used.
A.
Immediately after the Fire Department has declared the fire extinguished
and released the building, it shall be the duty of the owner to provide
security for the structure and any contents thereof.
B.
As soon as the Fire Department has declared the fire extinguished
and released the building, the Commissioner of the Department of Housing
and Buildings shall notify the owner of the structure and inform such
owner that it is the owner's duty to secure the structure.
[Amended 7-18-1996 by L.L. No. 5-1996]
C.
The notification required by Subsection B of this section shall be deemed sufficient if it is in the form of a telephonic mailgram to the owner at his last known address as reflected in the records of the Department of Housing and Buildings and a sign, in a form as may be prescribed by the Commissioner of said Department, posted in a conspicuous place at the burned-out structure. The Commissioner may, however, give further notification.
[Amended 7-18-1996 by L.L. No. 5-1996]
D.
In the event that the owner does not provide security as required
in this section, the City of Yonkers may do so for a period not to
exceed 12 hours after the Fire Department has declared the fire extinguished
and released the building.
E.
After the owner has failed to secure the structure upon notification
as provided in this section or after 12 hours if the City elects to
do so, the cost of security as may be provided by the City shall be
chargeable to the owner.
F.
Any cost incurred by the City in securing a burned-out structure
may be recoverable in a civil suit brought by the Corporation Counsel
in a court of competent jurisdiction or become a lien upon and against
the property or premises so affected.
G.
The term "owner," as used in this section, shall mean the person,
whether a firm, individual, corporation, lessee, partnership, managing
agent or anyone purporting to act in his stead, who is listed in the
records of the Department of Housing and Buildings as owner.
[Amended 7-18-1996 by L.L. No. 5-1996]
Whenever there shall have been a proceeding pursuant to this
article resulting in the demolition of an unsafe structure or dangerous
building, it shall be the duty of the owner of said structure or building
to erect a suitable fence along the property lines so as to prevent
littering, dumping, attractive nuisance or any illegal use of the
property.
[Amended 7-18-1996 by L.L. No. 5-1996]
If the owner of the property refuses to erect such a fence as approved and ordered by the Commissioner in an order issued pursuant to this article, the Department of Public Works shall do so, and the cost thereof shall be paid by the owner of the property. After notice to the owners, mortgagees and lienholders of record as authorized in § 56-82E, the costs and expenses shall become a lien thereon and may be collected as authorized in § 56-82C and D.
