[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.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 220.
Property maintenance — See Ch. 400.
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.