This chapter shall apply to the territory of the Village of
Head-of-the-Harbor.
A building or structure or equipment therein shall be deemed
to be unsafe or unsanitary if found to be dangerous to life, health,
property or safety of the public or occupants. Such condition may
be as a result of a lack of provision of minimum safeguards to protect
or warn occupants in the event of fire, or because such structure
is unsanitary or vermin- or rat-infested, contains filth and contamination
or lacks ventilation, illumination, sanitary or heating facilities
or other essential equipment required by this chapter, or contains
unsafe equipment or nonfunctioning equipment that is so damaged, decayed,
dilapidated, structurally unsafe or unsound that partial collapse
is possible. For purposes of this chapter, "structure" is anything
constructed or erected on or under the ground or upon another structure
or building, excluding walkways and driveways. "Structure" includes
the word "building." All such buildings and structures are hereby
declared to be illegal and are prohibited and shall be abated by repair
and rehabilitation or by demolition and removal in accordance with
the procedures of this chapter.
The Building Inspector shall inspect any building or structure,
either upon a complaint or upon his own knowledge, where a building
or structure may be dangerous or unsafe pursuant to the provisions
of this chapter. The Building Inspector shall file a report with the
Board of Trustees with regard to the condition of any building or
structure so inspected. The report shall include the date of the inspection,
the condition of the building or structure, a determination as to
whether the building or structure is dangerous or unsafe, and an opinion
as to what caused the condition and recommendations for the correction
of any dangerous or unsafe condition.
Where the Board of Trustees, pursuant to the Building Inspector's
report, finds a building or structure to be dangerous or unsafe, the
Board, by resolution, shall direct the Building Inspector to give
notice to be served on 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 same.
Notice served pursuant to this chapter shall 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.
Before a building or structure may be removed hereunder, a public
hearing shall be held.
If the Building Inspector so determines, in his/her inspection
of any building or structure, that said building or structure or equipment
is dangerous, unsafe or unsanitary pursuant to the provisions of this
chapter, he/she shall promptly require the building or structure or
portion thereof to be vacated forthwith and not be reoccupied until
the specified repairs are completed, inspected and approved by the
Building Inspector. For this purpose, he/she may enter such building
or structure or land on which it stands or adjoining land or structures
with such assistance and at such cost as may be necessary. He/she
may also order adjacent structures to be vacated and protect the public
by appropriate barricades or such other means as may be necessary,
and for this purpose may close a private or public right-of-way. The
Building Inspector shall cause to be posted at each entrance to such
building or structure a notice stating: "This building is unsafe and
its use or occupancy has been prohibited by the Building Inspector."
Such notice shall remain posted until the required repairs are made
or demolition is completed. It shall be unlawful for any person, firm
or corporation or their agents or other persons to remove such notice
without written permission of the Building Inspector or for any person
to enter the building except for the purpose of making the required
repairs or the demolition thereof.
All costs and expenses incurred by the Village in connection
with any proceeding or any work done to remove the danger or in connection
with the demolition and removal of any such building or structure
shall be assessed against the land on which such building or structure
is located, and a statement of such expenses shall be presented to
the owner of the property, or if the owner cannot be ascertained or
located, then such statement shall be posted in a conspicuous place
on the premises. Such assessment shall be and constitute a lien upon
such land. If the owner shall fail to pay such expenses within 10
days after the statement is presented or posted, a legal action may
be brought to collect such assessment or to foreclose such lien. As
an alternative to the maintenance of any such action, the Building
Inspector may file a certificate of the actual expenses incurred as
aforesaid, together with a statement identifying the property in connection
with which the expenses were incurred and the owner thereof with the
Assessors, who shall, in the preparation of the next assessment roll,
assess such amount upon such property. Such amount shall be included
in the levy against such property, shall constitute a lien and shall
be collected and enforced in the same manner by the same proceedings,
at the same time and under the same penalties as provided by law for
the collection and enforcement of real property taxes in the Village
of Head-of-the-Harbor.