[HISTORY: Adopted by the Board of Trustees of the Village
of Huntington Bay 11-13-2017 by L.L. No. 11-2017.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 9.
Building, demolition, grading and drainage — See Ch. 11.
Building, structure and property maintenance — See Ch. 13.
[1]
Editor's Note: This local law also provided for the repeal
of former Ch. 15, Buildings, Unsafe, adopted 4-19-1976 by L.L. No.
6-1976.
The purpose of this chapter is to provide for the administration
and enforcement of that part of the Fire Prevention and Building Code
of the State of New York, as such code relates to unsafe buildings,
structures and equipment, and to establish procedures to address threats
to public safety and general welfare posed by the existence of unsafe
buildings, structures and equipment within the Village of Huntington
Bay.
A.
BOARD OF TRUSTEES
BUILDING INSPECTOR
POSTING
VILLAGE
VILLAGE ATTORNEY
VILLAGE ENGINEER
As used in this chapter, the following terms shall have the meanings
indicated:
The Board of Trustees of the Incorporated Village of Huntington
Bay.
The Building Inspector of the Village of Huntington Bay.
The fastening, nailing, tacking or substantially securing
by any other means, of any notice, survey, order, directive or official
decision, on a building or structure.
The Incorporated Village of Huntington Bay.
The officer holding the position of Village Attorney established
by the Board of Trustees, or an attorney retained by the Board of
Trustees to act on behalf of the Village pursuant to this chapter.
The Village Engineer as may be appointed by the Board of
Trustees, or another licensed professional engineer engaged by the
Village to provide services required by this chapter.
General. When a building, structure or equipment is found to
be unsafe, or when a structure is found unfit for human occupancy,
such structure shall be condemned pursuant to the provisions of this
Code.
A.
Unsafe buildings and structures. An unsafe building or 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 is so damaged, decayed, dilapidated, structurally
unsafe, or of such faulty construction or unstable foundation that
partial or complete collapse is possible. Buildings and structures
that may be unsafe include, but are not limited to, the following:
(1)
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.
(2)
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.
(3)
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.
(4)
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 people of this Village.
(5)
Those having light, air and sanitation facilities which are inadequate
to protect the health, safety or general welfare of human beings who
live or may live therein.
(6)
Those having inadequate or insufficient facilities for ingress or
egress in the event of fire, panic or other emergency, or those having
insufficient stairways, elevators, fire escapes, aisles, passageways,
corridors or other means of access and which do not meet minimum standards
prescribed by the New York State Building Construction Code.
(7)
Those that have parts thereof that are so attached that they may
fall and injure members of the public or property.
(8)
Those, which, because of their condition, are unsafe, unsanitary
or dangerous to the health, safety or general welfare of the people
of this Village.
B.
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 building, structure or premises.
C.
Building or structure unfit for human occupancy. A building or 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 unsanitary, vermin- or rat-infested, contains
filth and contamination, or lacks ventilation, illumination, sanitary
or heating facilities or other essential equipment required by this
Code, or because the location of the building or structure constitutes
a hazard to the occupants of the building or structure or to the public.
The Village Attorney, the Building Inspector or such other official of the Village as may be designated by the Board of Trustees, upon receipt of information that a building, structure or equipment, from any cause, may now be or shall become unsafe or unfit for human occupancy as defined in § 15-3 hereof, shall cause an investigation of the premises to be made by the Building Inspector or the Village Engineer, and an inspection report submitted to the Board of Trustees.
If the Board of Trustees shall find that said building, structure
or equipment, from any cause, may be or shall become unsafe as defined
herein, it may make an order directing notice to be served upon the
owner and/or some one of the owner's executors, legal representatives,
agents, lessees or any other person, including, but not limited to,
lenders, mortgagees, having a secured vested or contingent interest
in the premises where such building or structure is located, either
personally or by registered mail, addressed to the last known address,
if any, of the owner or some one of the owner's executors, legal
representatives, agents, lessees or other person having a vested or
contingent interest in same, as shown by the records of the Village,
Town of Huntington Receiver of Taxes and/or in the office of the Suffolk
County Clerk.
The notice required by § 15-5 hereof shall contain the following information:
A.
A description of the premises.
B.
A statement of the particulars in which the building, structure or
equipment is unsafe or dangerous and an order requiring same to be
made safe and secure or removed.
C.
A time within which the person served with such notice must commence
the securing (including boarding and fencing) or removal of the buildings,
structures or equipment as specified in said notice.
D.
A date, time and place at which a hearing shall be held before the
Board of Trustees, at which hearing the owner or other persons having
an interest in the building, structure or equipment may be heard with
respect to the condition of the building, structure or equipment and
the actions necessary to secure or remove same.
E.
Said notice shall further state that after such hearing, the Board
of Trustees may provide for the securing or removal of such building,
structure or equipment by the Village in the event such owner fails
or refuses to secure or remove the same within the time provided.
The notice required by § 15-5 hereof, together with the report prepared pursuant to § 15-4 hereof, shall be posted on the premises, and shall be filed in the office of 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 be served upon the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the premises as hereinbefore specified, either personally or by registered or certified mail addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the premises as hereinbefore specified.
All costs and expenses incurred by the Village of Huntington
Bay in connection with the proceedings to remove or secure an unsafe
building, structure or equipment, including the cost of actually removing
said building, equipment or structure, shall be assessed against the
land on which said building, structure or equipment is located as
an assessment for an improvement to be included in the next succeeding
assessment roll to be thereafter prepared.
When there is imminent danger of failure or collapse of a building
or structure which endangers life, or when any structure or part of
a structure has fallen and life is endangered by the occupation of
the structure, or when there is actual or potential danger to the
building occupants or those in the proximity of any structure because
of explosives, explosive fumes or vapors or the presence of toxic
fumes, gases or materials, or operation of defective or dangerous
equipment, the occupants shall vacate the premises forthwith. There
shall be posted at each entrance to such structure a notice reading
as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited
by the Village Code Enforcement Official." It shall be unlawful for
any person to enter such structure except for the purpose of securing
the structure, making the required repairs, removing the hazardous
condition or of demolishing the same.
When there is imminent danger of failure or collapse of a building
or structure which endangers life, or when any structure or part of
a structure has fallen and life is endangered by the occupation of
the structure, or when there is actual or potential danger to the
building occupants or those in the proximity of any structure because
of explosives, explosive fumes or vapors or the presence of toxic
fumes, gases or materials, or operation of defective or dangerous
equipment, the Building Inspector or Village Attorney, on advice of
the Village Engineer, may take such immediate action as is necessary
to protect life and alleviate the danger presented, and to render
the building or structure temporarily safe, including, but not limited
to, emergency repair or removal of all or part of the building or
structure, including foundations, the installation of fencing, and
boarding and securing, without notice or hearing to the property owner.
Following emergency measures taken pursuant to §§ 15-9 and 15-10 hereof, the Building Inspector or Village Engineer shall prepare and deliver a report of such action to the Board of Trustees and, if the building or structure remains unsafe, commence proceedings under this chapter to cause said building or structure to be rendered safe. The Building Inspector shall notify the property owner of the emergency actions taken pursuant to the provisions of § 15-10.
The transfer of title by the owner of the land on which an unsafe
building, structure or equipment is located shall be no defense to
any proceeding already commenced under this chapter.
Any owner, upon whom a notice, as provided in this chapter,
has been personally served, who fails, neglects or refuses to place
such unsafe building or structure in a safe condition as designated
in such notice or who shall violate any of the provisions of this
chapter or orders given pursuant thereto or who shall resist or obstruct
the Building Inspector in carrying out the provisions of this chapter
shall be guilty of a violation and shall, upon conviction thereof,
be subject to a fine of not less than $500. Each week in which such
violation continues shall constitute a separate offense.
