[HISTORY: Adopted by the Board of Trustees of the Incorporated
Village of Plandome 4-10-2012 by L.L. No. 2-2012. Amendments noted where
applicable.]
A.
The
construction, alteration, repair and removal of every building or
structure and installation, alteration, repair or removal of the equipment
in every building, structure or premises shall hereafter conform to
the provisions of the Uniform Code, the Energy Code and the chapter,
as from time to time amended, applicable to the particular type of
construction, installation or use.
B.
Said
Uniform Code and Energy Code are hereby incorporated as fully as if
set out at length, and the provision thereof shall be controlling
in the construction of all building and other structures contained
within the corporate limits of the Village of Plandome in addition
to any provisions now in force or hereafter provided in the Code of
the Village of Plandome or any other laws, ordinances, rules or regulations
of said Village.
Operating permits shall be required for conducting activities
or using the categories of buildings as listed below:
The Chief of the Fire Department must notify the Code Enforcement
Official of any fire or explosion involving structural damage, fuel-burning
appliance, chimney or gas vent.
Inspections required: Firesafety and property maintenance inspection
of buildings and structures shall be performed by the Code Enforcement
Official or an inspector designated by the Code Enforcement Official
at the following intervals:
A.
Where
buildings contain an area of public assembly and all nonresidential
occupancies.
B.
The
interval between firesafety and property maintenance inspection of
buildings containing an area of public assembly cannot exceed one
year; and
C.
The
interval between firesafety and property maintenance inspections of
nonresidential occupancies must be consistent with local conditions;
provided, however, that the interval cannot exceed three years.
A.
Determination
of unsafe conditions. All buildings or structures or portions thereof
which are structurally unsafe, unsanitary or not provided with adequate
egress or which constitute a fire hazard or are otherwise dangerous
to human life 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
section, unsafe buildings. All such unsafe buildings are hereby declared
to be illegal and shall be abated by repair and rehabilitation or
by demolition in accordance with the procedures of this chapter.
B.
The
Building Inspector shall examine or cause to be examined every building
reported as unsafe or damaged and shall make a written report of such
examination. A copy of the report shall be submitted to the Board
of Trustees.
(1)
Whenever the Building Inspector shall find any building or structure
or portion there to be an unsafe building as defined in this section,
he shall, in the same manner as provided for the service of stop-work
orders, give written notice of the unsafe condition to the owner,
agent or person in control of such building. This building notice
shall contain a description of the premises, a statement of the particulars
in which the building is unsafe and an order requiring said building
to be made safe and secure or removed. The notice shall require the
owner, agent or person in control, within a stated time, either to
complete specified repairs or improvements or to demolish and remove
the building portion thereof. The notice shall further provide that
in the event that such owner, agent or person in control shall fail,
neglect or refuse to comply with such notice within the stated time
limit, a survey of the premises will be made as provided in this section
to determine if the building is unsafe and that, if so determined,
an application will be made at a special term of the Supreme Court
of Nassau County for an order determining the building to be a public
nuisance and directing that it be repaired and secured or taken down
and removed.
(2)
If the Building Inspector finds that there is actual and immediate
danger of failure or collapse so as to endanger life, such notice
shall also require the building, structure or portion thereof to be
vacated forthwith and not reoccupied until the specified repairs and
improvements are completed, inspected and approved by the Building
Inspector. The Building Inspector shall cause to be posted at each
entrance to such building a notice which reads as follows: "This building
is unsafe and its use or occupancy has been prohibited by the Building
Department of the Incorporated Village of Plandome." Such notice shall
remain posted until the required repairs are made and approved by
the Building Inspector or demolition is completed. It shall be unlawful
for any person to remove such notice without written permission of
the Building Inspector or for any person to enter the building except
for the purpose of making the required repairs or of demolishing the
same.
(3)
In the event that such owner, agent or person in control shall fail,
neglect or refuse to comply with such notice to complete specified
repairs or improvements or to demolish and remove within the stated
time limit, a survey of the premises shall be made by an inspector,
engineer or architect to be named by the Board of Trustees and a builder,
engineer or architect appointed by the person notified as above. The
surveyors appointed by the Board of Trustees shall be compensated
by the Village, and the surveyor appointed by the person notified
shall be compensated by him. In the event of the refusal or neglect
of the person so notified to appoint such builder, engineer or architect
as surveyor, the two surveyors named by the Board of Trustees shall
make the survey and report to the Board of Trustees. A signed copy
of the report shall be posted on the premises. The Board of Trustees
shall thereupon take such action as it shall deem necessary and proper,
including application to the Supreme Court of Nassau County if such
action is warranted by the circumstances.
(4)
In cases of emergency which, in the opinion of the Building Inspector,
involve imminent danger to human life or health, he shall promptly
cause such building or portion thereof to be made safe or removed.
For this purpose, he may at once enter such building or land on which
it stands, or abutting land or buildings, with such assistance and
at such cost as may be necessary. He may vacate the building or adjacent
buildings 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 Building Inspector shall cause to be posted
at each entrance to such building a notice which reads as follows:
"This building is unsafe and its use or occupancy has been prohibited
by the Building Department of the Incorporated Village of Plandome."
Such notice shall remain posted and the building unoccupied until
the required repairs are made and approved by the Building Inspector
or demolition is completed. It shall be unlawful for any person to
remove such notice without written permission of the Building Inspector
or for any person to enter the building except for the purpose of
making the required repairs or of demolishing the same.
All costs and expenses incurred by the Village in connection
with the above proceedings, including any attorney fees incurred and
the cost of actually removing said building or securing the same,
shall be assessed by the Board of Trustees upon the real property
in question. The owner, agent or person in control of the building
shall be served with a written notice by the Village Clerk, sent by
certified mail, of the total costs and expenses incurred by the Village
in connection with such proceedings. If such owner or other person
shall fail to pay such costs and expenses within 10 days of the postmark
date of such notice, the Village Clerk shall thereupon notify the
Village Assessor, who shall immediately fix and determine a special
assessment against the real property involved in the amount of such
costs and expenses and present such assessment to the Board of Trustees
for confirmation. A lien shall attach to the property as of the time
such assessment is confirmed, which lien shall have the same priority
as a Village tax. Collection and cancellation of such special assessment
shall be in accordance with the provisions of the Village Law. This
remedy shall be in addition to any other penalty provided for under
this Code.
