[HISTORY: Adopted by the Board of Trustees of the Village
of West Hampton Dunes 3-1-1996 by L.L. No. 3-1996. Amendments noted where
applicable.]
A.
Whereas the Board of Trustees of the Village of West Hampton Dunes
believe that at the present time and in the future it is in the interests
of the Village to control and or remove unsafe or hazardous structures,
buildings, or conditions, both due to the conditions that have existed
in the Village and that may arise in the future, and that such control
is for the benefit and general welfare of the residents of the Village,
and the economic, cultural and other aspects of the Village that it
is in the interest of the Village to protect and promote, this chapter
is hereby made to control, regulate and prevent unsafe and hazardous
buildings and structures in the Village.
B.
The intended purpose of this chapter is to create an Unsafe Building
Law of the Village of West Hampton Dunes (the "Village"), pursuant
to the Home Rule Law and Article 65 of the Civil Practice Law and
Rules.
All buildings or structures which are structurally unsafe, dangerous,
unsanitary or not provided with adequate egress or which, in relation
to existing use, constitute a hazard to safety or health by reason
of inadequate maintenance, dilapidation, obsolescence or abandonment
are, severally, for the purpose of this chapter, unsafe buildings.
All such buildings and structures are hereby declared to be illegal
and are prohibited and shall be abated by repair and rehabilitation
or by demolition and removal in accordance with the procedure of this
chapter.
The Fire Inspector shall inspect any building or structure,
either upon a complaint or upon his own knowledge, where a building
or structure may be dangerous or unsafe pursuant to the provisions
of this chapter. The Fire Inspector shall file a report with the Village
Board with regard to the condition of any building or structure so
inspected. The report shall include the date of the inspection, the
condition of the building or structure, a determination as to whether
the building or structure is dangerous or unsafe, an opinion as to
what caused the condition and recommendations for the correction of
any dangerous or unsafe condition.
Where the Village Board, pursuant to the Fire Inspector's
report, finds a building or structure to be dangerous or unsafe, the
Board, by resolution, shall direct the Fire Inspector to give notice
to be served on 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.
A.
Notice shall be served either personally or by registered mail, addressed
to the last known address, if any, as shown by the records of the
Receiver of Taxes and/or in the office of the County Clerk or County
Register. If service is made by registered mail, a copy of such notice
shall be posted on the premises.
B.
Notice shall contain the following:
(1)
A description of the premises.
(2)
A statement of the particulars of why the building is unsafe or dangerous.
(3)
An order requiring buildings or structures to be repaired or removed.
(4)
A statement that the securing or removal of the building or structure
shall commence within five days from the date of service of the notice
and shall be completed within 30 days thereafter. The Fire Inspector
may extend the time of compliance specified in the notice where there
is evidence of intent to comply within the time specified and conditions
exist which prevent immediate compliance. In granting any such extension
of time, the Fire Inspector may impose such conditions as he may deem
appropriate.
(5)
A statement that, in the event of the neglect or refusal of the person
served with notice to comply with the same, a hearing will be held
before the Board of Trustees of the Village of West Hampton Dunes,
notice of which and the time and place thereof to be specified in
the notice to the owner referred to in this section.
(6)
A statement that in the event that the building or structure shall
be determined by the Village to be unsafe or dangerous, and in the
event of the neglect or refusal of the owner to repair or remove the
same within the time provided, the Village may remove such building
or structure by whatever means it deems appropriate and assess all
costs and expenses incurred by the Village in connection with the
proceedings to remove or secure, including the cost of actually removing
said building or structure, against the land on which said buildings
or structures are located.
A.
Notice served pursuant to this chapter shall also be filed in the
office of the County Clerk.
B.
Such notice 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 except
as otherwise provided. Notice so filed shall be effective for a period
of one year from the date of filing; provided, however, that it may
be vacated upon the order of a judge or justice of a court of record
or upon the consent of the Village Attorney. The Clerk of the county
where such notice is filed shall mark such noticed and any record
or docket thereof as canceled of record upon the presentation and
filing of such consent or of a certified copy of such order.
Before a building or structure may be removed by the Village,
a public hearing shall be held.
If the Fire Inspector so determines in his inspection of any
building or structure, he shall promptly require the building or structure
or portion thereof to be vacated forthwith and not be reoccupied until
the specified repairs are completed, inspected and approved by the
Fire Inspector. For this purpose he may enter such building or structure
or land on which it stands or adjoining land or structures with such
assistance and at such cost as may be necessary. He may also order
adjacent structures to be vacated and protect the public by appropriate
barricades or such other means as may be necessary, and for this purpose
may close a private or public right-of-way. The Fire Inspector shall
cause to be posted at each entrance to such building or structure
a notice stating: "This building is unsafe and its use or occupancy
has been prohibited by the Fire Inspector." Such notice shall remain
posted until the required repairs are made or demolition is completed.
It shall be unlawful for any person, firm or corporation or their
agents or other persons to remove such notice without written permission
of the Fire Inspector or for any person to enter the building except
for the purpose of making the required repairs or the demolition thereof.
All costs and expenses incurred by the Village of West Hampton
Dunes in connection with any proceeding or any work done to remove
the danger or in connection with the demolition and removal of any
such building or structure shall be assessed against the land on which
such building or structure is located, and a statement of such expenses
shall be presented to the owner of the property, or if the owner cannot
be ascertained or located, then such statement shall be posted in
a conspicuous place on the premises. Such assessment shall be and
constitute a lien upon such land. If the owner shall fail to pay such
expenses within 10 days after the statement is presented or posted,
a legal action may be brought to collect such assessment or to foreclose
such lien. As an alternative to the maintenance of any such action,
the Fire Inspector may file a certificate of the actual expenses incurred
as aforesaid together with a statement identifying the property in
connection with which the expenses were incurred and the owner thereof
with the assessors, who shall, in the preparation of the next assessment
roll, assess such amount upon such property. Such amount shall be
included in the levy against such property, shall constitute a lien
and shall be collected and enforced in the same manner by the same
proceedings at the same time and under the same penalties as is provided
by law for the collection and enforcement of real property taxes in
the Village of West Hampton Dunes.
A.
Any person who neglects, refuses or fails to comply with any order
or notice issued hereunder shall be guilty of an offense punishable
by a fine not to exceed $1,000 or by imprisonment for a term not to
exceed 15 days, or by both such fine and imprisonment. Each week's
continued violation shall constitute a separate additional offense
or violation.
B.
Nothing in this chapter shall be construed as depriving the Village
of any other available remedy relevant to a violation of this chapter.
The town law of the Town of Southampton was in effect in the
Village prior to the passage and enactment of this chapter, and it
is the specific intention that any finding, decree, order, hearing
or proceeding that was issued or commenced under that law shall be
grandfathered and continued in effect with this chapter to the full
extent permissible under the law, and that any such action or notice
taken under that law shall be deemed to have been given or in effect
under this chapter.
