As used in this chapter, the following terms shall have the
meanings indicated:
STRUCTURE
Anything constructed or erected on or under the ground or
upon another structure or building. The term "structure" includes
a building.
STRUCTURE UNFIT FOR HUMAN OCCUPANCY
A structure is unfit for human occupancy whenever such structure
is unsafe, unlawful or, because of the degree to which the structure
is in disrepair or lacks maintenance, is insanitary, vermin- or rat-infested,
contains filth and contamination, or lacks ventilation, illumination,
sanitary or heating facilities or other essential equipment required
by law, or because the location of the structure constitutes a hazard
to the occupants of the structure or to the public.
UNSAFE EQUIPMENT
Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition that such equipment
is a hazard to life, health, property or safety of the public or occupants
of the premises or structure.
UNSAFE STRUCTURE
An unsafe structure is one that is found to be dangerous
to the life, health, property or safety of the public or the occupants
of the structure by not providing minimum safeguards to protect or
warn occupants in the event of fire, or because such structure contains
unsafe equipment or is so damaged, decayed, dilapidated, structurally
unsafe, or of such faulty construction or unstable foundation, that
partial or complete collapse is possible. The term "unsafe structure"
also includes a structure unfit for human occupancy.
Notice served pursuant to this chapter may also be filed in
the office of the County Clerk. 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 notice 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.
The Board of Trustees shall conduct the public hearing at the
time and place specified in the notice to repair or remove. The Board
may adjourn the hearing from time to time until the hearing is completed.
After completion of the hearing, the Board shall determine whether
the building or structure is unsafe, the Board may revoke, modify
or affirm the order contained in the notice to repair or remove, and
the Board may issue or direct the Building Inspector to issue such
further order as the Board may determine to be appropriate.
The invalidity of any section, subsection or provision of this
chapter shall not invalidate any other section, subsection or provision
thereof.