Any building or structure may be declared unsafe if, in the
opinion of the Superintendent, it is unfit for human habitation, occupancy
or use, by reason of any one or more of the following conditions:
A. The building or structure contains unsafe equipment, lacks illumination,
ventilation, sanitation, heat, water or other facilities adequate
to protect the health and safety of the occupants or the public.
B. The building or structure is damaged, decayed, dilapidated, unsanitary,
unsafe or infested with rodents or vermin in such a manner as to create
a hazard to the health and safety of the occupants or the public.
C. The building or structure, because of the location, general conditions,
state of the premises, number of occupants or other reason, is unsanitary,
unsafe, dilapidated, overcrowded or for other reasons is detrimental
to health and safety of the occupants or the general public.
D. The building or structure, because of the failure of the owner or
resident of the property to comply with notices or orders issued by
the Superintendent is unfit for human habitation, occupancy or use,
or a hazard to the public.
E. The building or structure is unfit for human habitation, occupancy
or use due to prolonged lack of maintenance.
F. The building or structure is open at a doorway, windows or garage
making it accessible to and an object of attention to minors under
18 years of age, as well as to vagrants and other trespassers.
G. The building or structure is infested with rodents or vermin.
H. Any other condition which, in the opinion of the Superintendent,
is dangerous or jeopardizes the health, welfare and safety of the
general public or occupants.
Notwithstanding any other provision of this article to the contrary, if, in the judgment of the Superintendent, an emergency exists where there is imminent danger of failure or collapse of a building or structure; or where there is actual or potential danger to the occupants of or to those in the proximity of any building or structure because of the existence of explosive fumes or vapors, or the presence of toxic fumes, gases or materials; or because of any reason set forth in §
46-7, imminent danger is found to exist to life or property, the Superintendent may immediately placard the building or structure in a conspicuous place, as access permits, and order the building or structure, or part thereof, immediately vacated and barricade any portion of the building or structure to prevent re-entry, until the dangerous, unsafe or unsanitary condition is remedied to the satisfaction of the Superintendent. In such event, the Superintendent shall, within 48 hours, serve a notice of unsafe condition pursuant to §
46-8.
All expenses incurred by the Village in connection with the
securing or demolition and removal of an unsafe building or structure,
including reasonable legal expenses and expenses of an architect,
engineer or other qualified individual to assist the Superintendent
in preparation of his or her report, shall, at the option of the Board
of Trustees, either:
A. Be assessed against the property on which such building is located
and shall be levied and collected as an assessment against the real
property involved by duly adopted resolution. A copy of said resolution
shall be mailed to the address of the owner of the property, as said
address appears upon the latest assessment roll of the Village. A
lien of special assessment shall thereupon arise as provided for by
the Village Law of the State of New York. Said assessment shall be
collected in the manner provided for by the Village Law of the State
of New York; or
B. Be collected by commencement of a special proceeding against the
owner of the real property involved, pursuant to General Municipal
Law § 78-b.
Any person or entity aggrieved by any resolution of the Board of Trustees adopted pursuant to §
46-9 may apply to the supreme court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceeding shall be instituted within 30 days after the adoption of the resolution.
Nothing herein shall prevent the criminal prosecution of a refusal
to obey an order issued pursuant to the provisions of this chapter.
Upon conviction thereof, the person or corporation violating the provisions
of this chapter shall be subject to a fine of not more than $250 for
each offense.