This chapter shall be known as the "Village of Buchanan, New
York, Dangerous Buildings and Structures Local Law."
The fact that a building or structure exists in violation of
the applicable provisions of the State Building Construction Code
or of the Village Building Code or the State Standard Building Code for places of public
assembly or the statewide Multiple Residence Law, as the case may
be, or of any chapter or ordinance of the Village of Buchanan, may
be considered in determining whether a building or structure is hazardous,
dangerous or unsafe.
The notice shall contain a description of the dangerous building
or structure with particulars which set forth the manner in which
the building or structure is dangerous, and the notice shall also
outline the manner in which the building or structure is to be made
safe and secure or demolished and removed. The notice shall contain
an order requiring the dangerous building or structure to be made
safe and secure or demolished and removed; and if the service of the
notice is made by registered mail, a copy of the notice shall be posted
on the premises.
Within 10 days of the receipt of the notice set forth above,
the person who receives the notice may certify his written acceptance
or rejection of the particulars and order contained in the notice,
either by personal service or by registered mail, upon the Building
Inspector. Any failure on the part of the person receiving the notice
to respond, as herein prescribed, shall constitute a rejection of
the notice.
If the person served with the notice shall, within 24 hours
thereof, certify his assent to the securing or demolition and removal
of the dangerous building or structure in question, he shall be permitted
72 hours within which to commence the abatement of the dangerous conditions
affecting the building or structure and shall employ sufficient labor
and assistance to secure or demolish and remove such building or structure
within a reasonable period of time thereafter.
Any person affected by the notice described in §
63-5 of this chapter may request and shall thereupon be granted a hearing on the matter before the Village Board, provided that such person shall file a verified petition with the office of the Village Clerk within 10 days after the day the notice was served upon the petitioner. The petition shall request the hearing and set forth a brief statement of the grounds therefor. The Building Inspector shall set a time and place for a hearing and shall give the petitioner 10 days' written notice thereof. At the hearing, the petitioner shall be given an opportunity to be heard and to give reasons why the proceedings for securing or removal of the dangerous building or structure shall be modified or withdrawn. The hearing shall be commenced not later than 20 days after the day on which the petition was filed; provided that, upon application of any interested party, the Building Inspector may postpone the date of the hearing for any reasonable time beyond the twenty-day period if, in his judgment, the interested party has submitted a good and sufficient reason for the postponement, but in no event shall the hearing be postponed longer than 60 days. In any case, if no such written petition shall be so filed within the ten-day period, as aforesaid, or if the notice shall be rejected, the Village may proceed as hereinafter provided.
Any architect or engineer appointed by the Village Board, as provided in §
63-10A or
63-10D hereof, shall be entitled to such reasonable compensation for such services as shall be determined and fixed by the Village Board, and such amount shall be paid upon the voucher of the Building Inspector. A cause of action is hereby created for the benefit of the Village against the owner of the dangerous building or structure surveyed, and of the lot or parcel of land on which the dangerous building or structure is located, for the amount disbursed by the Village for such survey, with interest from the date of payment by the Village.
Whenever such survey shall determine that the building or structure
is dangerous, the Village may apply to the Supreme Court, at special
term, for an order determining the building or structure to be a public
nuisance and directing either that it shall be repaired and secured
or that it shall be taken down or removed.
Upon receipt of the order of the Supreme Court, the Building
Inspector shall immediately proceed to execute the provisions therein
contained and may employ and furnish whatever labor, assistance and
materials may be necessary for that purpose.
Any provision of this chapter to the contrary notwithstanding, where it reasonably appears that there is imminent danger to the life or safety of any person unless a dangerous building or structure, as defined herein, is immediately repaired, vacated or demolished, the Building Inspector shall cause the immediate repair, vacation or demolition of such dangerous building or structure. For this purpose, he may at once enter such structure or land on which it stands, or abutting land or structure, with such assistance and at such cost as may be necessary. He may vacate adjacent structures and protect the public by appropriate barricades or such other means as may be necessary and for this purpose may close a public or private way. The cost of such emergency repair, vacation or demolition of such dangerous building or structure shall be collected in the same manner as provided in §
63-14 hereof.
Any person removing the notice provided for in §
63-10 hereof, or any other notice prescribed by this chapter, shall be guilty of an offense against this chapter punishable by a fine not to exceed $100 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.