Village of South Nyack, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of South Nyack 6-12-1984 by L.L. No. 3-1984. Amendments noted where applicable.]
It is the finding of the Board of Trustees of the Village of South Nyack that the existence of occupied, abandoned or unattended buildings or parts of buildings within the Village of South Nyack, which may or may not be structurally sound, constitutes a danger and a threat to the safety, health, comfort and general welfare of this Village. It is thus the intent of this chapter to provide for the protection of property, the preservation of peace and good order, the suppression of vice, the benefit of trade and the preservation and protection of public works as provided by § 4-412 of the Village Law.
[Added 6-25-2019 by L.L. No. 3-2019]
The provisions of this chapter shall be in addition to and in furtherance of the New York State Uniform Fire Prevention and Building Code, including but not limited to Sections 108 and 109 of the Property Maintenance Code.
The following words and phrases, as used in this chapter, shall have the meanings hereinafter ascribed to them. All other words and phrases shall have the meanings normally ascribed to them.
BOARD OF TRUSTEES
The duly elected and constituted Board of Trustees of the Village.
BUILDING
A house, shed, fence or other man-made structure or part of any such house, shed, fence or structure.
VILLAGE
The Incorporated Village of South Nyack.
For the purposes of this chapter, a dangerous building is declared to be any building which is dangerous to the public health, safety and general welfare because of its condition and which may cause or aid in the spread of disease or injury to the health, safety or general welfare of the occupants of it or of neighboring buildings; any building which, because of lack of proper repair, construction or supervision, constitutes or creates a fire hazard; or any building which, because of its condition or because of a lack of proper windows or doors, is available to and frequented by malefactors or disorderly persons.
Any owner, occupant or person in custody of real property located within the Village who allows or permits a building to continue as a dangerous building after due notice as provided in § 108-6 below shall be guilty of a violation of this chapter and shall be punished as provided in § 108-9 below.
[Amended 6-25-2019 by L.L. No. 3-2019]
Whenever the Board of Trustees shall have reasonable cause to believe that any building in the Village is a dangerous building, a statement setting forth such facts shall be filed by the Mayor with the Village Clerk. The Clerk shall thereupon cause written notice to be served upon the owner thereof and upon the occupant thereof, if any, by registered mail or by personal service. Such notice shall state that the building has been declared a dangerous building and that necessary repairs or improvements must be begun within 15 days after service of such notice or that such person, or persons, will be charged with a violation of this chapter. Such notice shall be in substantially the following form:
To: __________
From: The Board of Trustees of the Village of South Nyack
You are hereby notified that the Board of Trustees of the Village of South Nyack has determined that the building owned by you and located at __________ has been declared a dangerous building as provided for and defined in Chapter 108 of the Code of the Village of South Nyack in that (herein insert particulars) after inspection by _______________. In accordance with the provisions of such chapter, you are hereby directed to begin all necessary repairs or improvements within 15 days after service of this notice. Failure to comply will result in a violation of Chapter 108 of the Code of the Village of South Nyack, which provides for a penalty, upon conviction, in accordance with Chapter 1, Article II, of the Village Code for each week of such violation.
[Added 6-25-2019 by L.L. No. 3-2019]
In the event that the owner or any party in interest fails to demolish, repair, remove or secure the structure as directed in the order and notice of the Board of Trustees within the time indicated thereon, the Village of South Nyack may at any time thereafter enter upon the lands and property and cause the building or structure to be repaired, demolished, removed or secured, and all costs and expenses incurred therewith by the Village shall forthwith become a lien upon and against the property or premises so affected and be collected in the same manner and time as Village taxes.
[Amended 6-25-2019 by L.L. No. 3-2019]
In addition to serving a notice on the owner as provided in § 108-6 above, the Board of Trustees may, if it determines that the purpose of this chapter will be further effectuated, order that no person other than the owner or his agent shall enter upon the property and shall post on such property signs indicating "no trespassing." When such a determination is made, notice of such fact shall be included in the notice to the owner referred to in § 108-6 above. Anyone found trespassing in violation of this section shall be subject to a Type C penalty as set forth in § 1-15 of the Village Code.
[Amended 6-25-2019 by L.L. No. 3-2019]
Except as provided in § 108-8 above, any person found guilty of violating this chapter shall be subject to a Type A penalty as set forth in § 1-15 of the Village Code. Each week that such violation shall continue shall constitute a separate violation.