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Village of Malverne, NY
Nassau County
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Table of Contents
Table of Contents
Any building or part of a building, staging or other structure that from any cause may now be, or shall at any time hereafter become, dangerous or unsafe shall be taken down and removed or made safe and secure.
Immediately upon the receipt of a report by any officer or employee of the Department of Buildings that a building or part of a building, staging or structure is unsafe or dangerous, the Superintendent of Buildings shall cause the same to be entered upon a docket of unsafe buildings to be kept in his Department; and the owner or some one of the owners, executors, administrators, agents, lessees or other person who may have a vested or contingent interest in the same shall be served with a printed or written notice containing a description of the premises or structure deemed unsafe or dangerous, and an order requiring the same to be made safe and secure or removed, as may be deemed necessary by the Superintendent of Buildings. Such notice shall require the person thus served to immediately certify to the Superintendent his assent or refusal to secure or remove the same.
If the person served with a notice specified above shall immediately certify his assent to the securing or removal of said unsafe or dangerous building, premises or structure, he shall be allowed 48 hours after the service of such notice in which to commence the securing or removal of the same, and he shall employ sufficient labor and assistance to secure or remove the same as expeditiously as can be done.
A. 
Report to Clerk. In case of neglect or refusal to comply with said notice within 48 hours, the Superintendent of Buildings shall report the case to the Village Clerk, who shall bring the matter before the Board of Trustees so that it may, as soon as possible, consider the matter and determine what disposition shall be made thereof.
B. 
Action of Board of Trustees. When the Board of Trustees deems a building unsafe after inspection and hearing held thereon, of which due notice shall be given to all parties interested, it shall immediately notify any and all tenants or occupants of its findings in writing, and direct the Chief of Police to cause all such tenants or occupants to vacate the premises forthwith. If said tenants or occupants refuse to or neglect to vacate the premises pursuant to said notice, such refusal to or neglect to vacate on the part of said tenants or occupants shall constitute a violation of this section on the part of said tenant or occupants, and each day of such refusal or neglect shall be deemed a separate and distinct violation.
A. 
Recovery of bodies from wrecked buildings. In case of the falling of any building or part thereof in the Village, where persons are known or believed to be buried under the ruins, emergency services personnel or other governing authority shall cause an examination of the premises to be made for the recovery of the bodies of the killed and injured.
B. 
Temporary safeguards for dangerous buildings. In case there shall be, in the opinion of the Superintendent of Buildings, actual and immediate danger of the falling of any building or part thereof so as to endanger life or property, he shall cause the necessary work to be done to render said building or part thereof temporarily safe until the proper proceedings for unsafe buildings provided by the article are instituted.
C. 
Vacating buildings; closing streets and sidewalks. The Superintendent of Buildings is hereby authorized and empowered in such cases, and also where any building or part thereof has fallen and life is endangered by the occupation thereof, to order and require the inmates and occupants of such building or part thereof to vacate the same forthwith, and the Superintendent may, when necessary for the public safety, temporarily close sidewalks, streets, buildings, structures and places adjacent to such building or part thereof and prohibit the same from being used. The Chief of Police, when called upon by the Superintendent of Buildings to cooperate, shall enforce such orders or requirements.
D. 
Laborers and materials. For the purpose of this section, the Superintendent of Buildings shall utilize any laborers and materials as directed by the Board of Trustees as may be necessary to perform said work as speedily as possible.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).