[HISTORY: Adopted by the Board of Trustees
of the Village of Patchogue 3-28-1960 by Ord. No. 2.3 of the Unified Code of Ordinances of 1960 (Ch. 36 of the 1968 Code);
amended in its entirety 10-28-2013 by L.L. No. 15-2013. Subsequent amendments
noted where applicable.]
The purpose of this chapter is to promote and preserve the health,
welfare and property of residents and owners of property located within
the Village of Patchogue by providing a method for the removal or
repair of buildings and structures within the limits of said Village
that, from any cause, may now be or shall hereafter become dangerous
or unsafe to the public. The Village Board finds that unsafe structures,
as hereinafter defined, whether caused by fire, neglect, vandalism
or otherwise, pose a threat to the health, safety and general welfare
of the residents of the Village of Patchogue. Therefore, it is the
intent of this chapter to provide for the expeditious removal, boarding
and/or securing of those structures which the Chief Building Inspector
determines, after an inspection, to be dangerous or unsafe to the
public.
As used in this chapter, the following terms shall have the
meanings indicated:
Any building, structure or portion thereof.
The Building Inspector of the Village of Patchogue and his
duly appointed assistants or deputies or such other person appointed
by the Village Board to enforce the provisions of this chapter.
Any condition of a property in the Village, whether man-made
or created by disaster, act of God, erosion or similar ongoing condition
or process.
Any debris, rubble or parts of buildings which remain on
the ground or on the premises after demolition, reconstruction, fire
or other casualty.
Any parcel of real property in the Village of Patchogue.
Any building, property, or structure, or portion thereof,
which, due to its state or condition, creates or poses a threat to
the public health or safety or an imminent danger to life, or to adjoining
or nearby properties or structures, or public roads, rights-of-way
or structures, or which may contain one of the following conditions:
Those whose interior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
Those which, exclusive of the foundation, show 33% or more of
damage or deterioration of the supporting member or members or 50%
of damage or deterioration of the nonsupporting enclosing or outside
walls or covering.
Those which have improperly distributed loads upon the floors
or roofs or in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used.
Those which have been damaged by fire, wind, or other causes
so as to have become dangerous to life, safety, or the general health
and welfare of the occupants or the public.
Those which have become or are so dilapidated, decayed, unsafe,
unsanitary or which so utterly fail to provide the amenities essential
to decent living that they are unfit for human habitation or are likely
to cause sickness or disease so as to work injury to the health, safety,
or general welfare of those living therein.
Those having light, air and sanitation facilities which are
inadequate to protect the health, safety, or general welfare of persons
who live or may live therein.
Those having inadequate facilities for egress in cases of fire
or panic or those having insufficient stairways, elevators, fire escapes
or other means of communication.
Those which have parts thereof which are so attached that they
may fall and injure members of the public or property.
Those which, because of their condition, are unsafe, unsanitary,
or dangerous to the health, safety or general welfare of the people
of this Village.
All buildings, conditions, properties and/or structures which
are structurally or otherwise hazardous or unsafe, dangerous, unsanitary
or not provided with adequate egress or which, in relation to an existing
use, constitute a hazard to safety or health by reason of inadequate
maintenance, dilapidation, erosion or other natural processes, obsolescence
or abandonment are, for the purposes of this chapter, unsafe buildings,
conditions, properties or structures. All such buildings, conditions,
properties and structures are hereby declared to be illegal and are
prohibited and shall be abated by correcting repair and rehabilitation
or by demolition and removal in accordance with the procedures of
this chapter.
When, in the opinion of the Building Inspector, any building, condition, property or structure located in the Village of Patchogue shall be deemed to be dangerous or hazardous and unsafe to the public, as defined in § 162-3, the Building Inspector shall make a formal inspection thereof and report in writing to the Village Board his findings and recommendations in regard to the building's or structure's removal or repair.
A.
When it shall be determined by the Building Inspector that a building,
property or structure is dangerous, hazardous, or unsafe to the public,
or that a condition is hazardous or unsafe, he shall promptly serve
or cause to be served a written notice on the owner or other persons
having an interest in such property or structure as hereinafter provided.
B.
The aforementioned notice shall be served on the owner of the premises,
the owner's executors, legal representatives, agents, lessees,
or other person having a vested or contingent interest in the same,
as shown by the last completed assessment roll of the Village, either
personally or by registered mail, addressed to the person intended
to be served at the last known place of business or residence as indicated
on the last completed assessment roll. The Building Inspector shall
cause a copy of such notice to be posted on the premises, and a copy
of the notice may be filed with the Suffolk County Clerk.
The notice referred to in § 162-6 hereof shall contain the following:
A.
A description of the premises.
B.
A statement of the particulars in which the building, property or
structure is dangerous, hazardous, or unsafe.
C.
An order requiring the building, property, or structure to be made
safe and secure or removed or the condition to be remedied or removed.
D.
A statement that the securing or removal of the building or structure
or removal of the condition shall commence within 10 days of the date
of the service of the notice and shall be completed within 30 days
thereafter. The Building 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 Building Inspector
may impose such conditions as he may deem appropriate.
E.
A statement that, in the event of neglect or refusal of the person served with the notice to comply with the same, a hearing will be held before the Board of Trustees of the Village of Patchogue, notice of which and the time and place thereof to be specified in the notice to the owner referred to in § 162-7 hereof.[1]
F.
A statement that, in the event that the Village Board, after the hearing specified in § 162-9, shall determine that the building, property, or structure or condition thereon is dangerous, hazardous, or unsafe to the public, the Village Board may order the building, property, structure, or condition to be corrected, repaired or secured or taken down, abated or removed.
G.
A statement that, in the event that the building, property, structure
or condition shall be determined by the Village to be dangerous, hazardous,
or unsafe, and in the event of the neglect or refusal of the owner
to correct, repair or remove the condition, building or structure
within the time provided, the Village may correct the condition or
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
remedying said unsafe or dangerous building, condition, or structure,
or removing said building or structure and any engineering, legal
or other expenses, as an assessment against the land on which said
building or structure is located, to be charged to the owner of the
property on the next Village tax roll, although the levying of an
assessment by the Village against the property on the next Village
tax roll shall not be an exclusive remedy and shall not preclude the
Village from any other available remedy, including but not limited
to pursuing a civil judgment against the owner of the property to
recover the costs.
A copy of the notice referred to in § 162-6 hereof may be filed with the Suffolk County Clerk, which notice shall be filed by the Suffolk County 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. A 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 appropriate jurisdiction or upon the consent of the Village Attorney.
The Village Board shall conduct the public hearing at the time
and place specified in the notice to cure, remedy, repair, or demolish
or to remove or correct the unsafe or hazardous building, condition,
property or structure as necessary. It may adjourn the hearing from
time to time until all interested parties are heard and until the
hearing is completed. At the conclusion of the hearing, the Village
Board shall determine by resolution to:
If the Building Inspector determines, in his inspection of any
building, condition, property or structure, that there is actual and
immediate danger of failure or collapse or so as to endanger life,
or other imminent hazard creating a danger to the public or public
order and safety in the Village of Patchogue, the Building Inspector
shall promptly require the building, condition, property or structure
or a portion thereof to be vacated forthwith and not to be reoccupied
until the specified repairs are completed and inspected and approved
by the Building Inspector or take such other action as may be appropriate
under the circumstances. For this purpose, the Building Inspector
may enter such building, property or structure or land on which it
stands or adjoining land or structures with such assistance and at
such costs as may be necessary. The Building Inspector may also order
adjacent buildings, properties or structures or portions thereof to
be vacated and protect the public and public order and safety 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 Building Inspector
shall cause to be posted at each entrance to such building, property
or structure a notice stating: "This building (property, structure)
is unsafe, and its use or occupancy has been prohibited by the Building
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 Building Inspector or
for any person to enter the building except for the purpose of making
the required repairs or the demolition thereof. The costs of any such
action, including but not limited to labor, materials, management,
professional and/or legal fees and costs and expenses, shall be assessed
as a lien against the property on which the condition exists and shall
be collected in the same manner as if real property taxes.
In the event that he believes that judicial action is required
to enforce any provision of this chapter, the Chief Building Inspector
shall seek approval and direction from the Board of Trustees to the
Village Attorney to institute such proceedings in the Supreme Court
as are necessary to effect the purposes of this chapter.
All costs and expenses incurred by the Village of Patchogue
in connection with any proceeding or any work done to remove the danger
or condition or to render the building, property or structure temporarily
safe or in connection with the correction or demolition or 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 Building 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 Assessor, who shall, in 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 provided by law for the collection and enforcement of
real property taxes in the Village of Patchogue.
In addition to serving the notice provided in § 162-7,[1] the Village Board of Trustees may, if it determines that the purposes of this chapter will be further effectuated, order that no person other than the owner or its agent shall enter upon the property and shall post on such property signs indicating "no trespassing." Anyone found trespassing in violation of this section shall be punishable pursuant to § 1-1 of this Code.
The Village Board of Trustees, in its discretion, may elect
to commence a civil action to apply to the Supreme Court of the State
of New York for an order directing that the hazardous or unsafe building,
condition, property or structure be remedied or corrected or that
the building, property or structure be repaired, secured or demolished
and removed, and for a judgment in favor of the Village and against
the owner of the property for the costs, including but not limited
to all professional, administrative and legal fees for the abatement
or actions of the Village with respect to the dangerous or unsafe
building, condition, or structure, and the election by the Village
to commence or pursue a civil action shall not be an exclusive remedy
and shall not waive or preclude the right of the Village to pursue
any other available remedy.
The Village Board may commence a special proceeding pursuant
to § 78-b of the General Municipal Law to collect the costs
of demolition, including reasonable and necessary legal expenses.
The following is a fine schedule for violations of this chapter:
Notwithstanding anything contained in the prior sections of
this chapter with regard to securing and removing unsafe buildings,
the Building and Housing Department and/or the Department of Code
Enforcement of the Village of Patchogue is hereby authorized to institute
proceedings in accordance with § 1970 of the Real Property
Actions and Proceedings Law of the State of New York in order to obtain
a judgment vesting in the Village of Patchogue title to any dwelling
which has been abandoned by the owner thereof, except for an owner-occupied
one- or two-family dwelling, all as contained within Article 19-A
of the Real Property Actions and Proceedings Law. Said departments
of the Village are specifically authorized to follow all of the procedures
and requirements in said Article 19-A.
A.
In case there shall be, in the opinion of the Building Inspector,
actual and immediate danger of the falling of a building or structure
or a hazardous excavation so as to endanger public safety, life or
property or actual or immediate menace to health or public welfare
as a result of the conditions present in or about a building or structure
or excavation, he shall direct the appropriate Village employees to
perform the necessary work to render such building or structure or
excavation temporarily safe, whether the procedure prescribed in this
chapter for unsafe or dangerous buildings or structures or excavated
lands has been instituted or not.
B.
When emergency work is to be performed under this section, the Chief
Building Inspector shall cause the owner and mortgagee thereof, if
any, as shown on the records of the Village Assessor, to be served
personally or by certified mail, return receipt requested, and shall
post the premises with a notice to comply containing a description
of the premises, a statement of facts describing the structure or
excavation as unsafe or dangerous, and orders and directions to correct
the same conditions which constitute an emergency within a specified
period not to exceed three days from actual or constructive service
of the notice.
C.
In the event that the emergency does not permit any delay in correction,
the notice shall state that the Village has corrected the emergency
condition.
D.
In both cases, the notice shall state that the corrective costs of
the emergency will be assessed against the owner pursuant to the provisions
of this chapter.
