[HISTORY: Adopted by the Board of Trustees of the Village of Dering Harbor 3-17-2012 by L.L. No. 4-2012. Amendments noted where applicable.]
Unsafe and hazardous buildings and conditions pose a threat to life and property in the Village of Dering Harbor. Buildings, structures and conditions on properties may become unsafe or dangerous or cause or result in unsafe or dangerous conditions to other properties by reason of damage by fire, the elements, age, erosion or water action or general deterioration. Vacant buildings not properly secured at doorways and windows also serve as an attractive nuisance for young children who may be injured therein, as well as a point of congregation by vagrants and transients. Debris, rubble or parts of buildings left on the ground and other hazardous properties and conditions existing and not removed constitute a dangerous, unhealthy and unsightly condition. It is the purpose of this chapter to provide for the safety, health, protection and general welfare of persons and property in the Village of Dering Harbor by requiring such unsafe buildings, conditions, properties or structures to be repaired, demolished or removed or the unsafe or hazardous conditions otherwise corrected. It is noted by the Village that due to the fact that large areas of the Village of Dering Harbor are on the shoreline that conditions may arise on the shoreline of properties which are unsafe or present a hazard to the public on private or public properties and rights-of-way.
As used in this chapter, the following terms shall have the meanings indicated:
- Any building, structure or portion thereof.
- BUILDING INSPECTOR
- The Building Inspector of the Village of Dering Harbor and his duly appointed assistants or deputies or such other person appointed by the Village Board to enforce the provisions of this chapter.
- Any condition on a property in the Village whether man-made or created by disaster, act of God, erosion or similar ongoing process.
- PORTION OF BUILDING OR STRUCTURE
- Any debris, rubble or parts of buildings which remain on the ground or on the premises after demolition, reconstruction, fire or other casualty.
- Any parcel of real property in the Village of Dering Harbor.
- UNSAFE OR HAZARDOUS BUILDING, CONDITION, PROPERTY OR STRUCTURE
- Any building, condition, property, or structure or portion
thereof which:[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
- A. Has been damaged by fire, erosion, wave or water action, wind neglect or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the Village of Dering Harbor.
- B. Has become or is so dilapidated, decayed or unsanitary or which so utterly fails to provide the amenities essential to decent living that it is unfit for human habitation or is likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein.
- C. Has light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.
- D. Has inadequate facilities for egress in case of fire or panic or has insufficient stairways, elevators, fire escapes or other means of communication.
- E. Has parts thereof which are so attached that they may fall and injure members of the public or property.
- F. Because of its condition, is unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of the Village of Dering Harbor.
- G. Is open at the doorways or windows or walls, making it accessible to and an object of attraction to minors under 18 years of age, as well as to vagrants and other trespassers.
- H. Is or may become a place of rodent infestation.
- I. Consists of debris, rubble or parts of buildings left on the ground after demolition, reconstruction, fire or other casualty.
- J. Is in an unsafe or hazardous condition.
- K. Whether due to erosion, decay, undermining, failure to repair or maintain, or other causation, threatens or poses a present or future threat to public safety or well-being or threat or damage to an adjoining or nearby property or structure or a public roadway, right-of-way or other public property.
All buildings, conditions, properties and/or structures which are structurally or otherwise unsafe, dangerous, hazardous, unsanitary or not provided with adequate egress or which in relation to an existing use or condition constitute a hazard to safety or health or adjoining properties or structures or public buildings, rights-of-way or roads, by reason of inadequate maintenance, dilapidation, lack of maintenance, erosion or other natural processes, obsolescence or abandonment, are severally, for the purposes of this chapter, prohibited. All such buildings, conditions, properties or structures are hereby declared to be illegal and are prohibited and shall be abated by correcting repair and rehabilitation or by demolition and removal in accordance with the procedures of this chapter.
When, in the opinion of the Building Inspector, any building, condition, property or structure located in the Village of Dering Harbor shall be deemed to be dangerous, hazardous, or unsafe to the public, or a threat to adjoining or nearby property or structures, or public roads, rights-of-way or buildings, the Building Inspector shall make a formal inspection thereof and report, in writing, to the Village Board his findings and recommendations in regard to the building, condition, property, or structure's removal or repair.
When it shall be determined by the Building Inspector that a building, condition, property or structure is dangerous, hazardous or unsafe to the public, to adjoining or nearby property or structures or public roads, rights-of-ways or property he shall promptly serve or cause to be served a written notice on the owner or other persons having an interest in such property or structure as hereinafter provided. The owner of the property, for purposes of this chapter, shall be the owner of record on the last Village assessment roll.
The aforementioned notice shall be served on the owner of the premises, the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the last completed assessment roll of the Village, either personally or by registered mail, addressed to the person intended to be served at the last known place of business. If the notice is served by registered mail, the Building Inspector shall cause a copy of such notice to be posted on the premises.
The notice referred to in § 65-5 hereof shall contain the following:
A description of the premises.
A statement of the particulars in which the building, condition, property or structure is dangerous, hazardous or unsafe.
An order requiring the building, property or structure to be made safe and secure or removed or the condition to be remedied or removed.
A statement that the securing or removal of the building or structure or removal of the condition shall commence within 10 days of the date of the service of the notice and shall be completed within 30 days thereafter. The Building Inspector may extend the time of compliance specified in the notice, where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. In granting any such extension of time, the Building Inspector may impose such conditions as he may deem appropriate.
A statement that, in the event of neglect or refusal of the person served with the notice to comply with the same, a hearing will be held before the Board of Trustees of the Village of Dering Harbor, notice of which and the time and place thereof to be specified in the notice to the owner referred to in § 65-5 hereof. The hearing shall be conducted, except in the case of an extreme emergency with imminent threat to life or property, not less than five days after the date of the personal service or mailing and posting of the notice.
A statement that in the event that the Village Board, after the hearing specified in § 65-6E, shall determine that the building, condition, property or structure is dangerous, hazardous, or unsafe to the public, adjoining or nearby property or structures or to public roads, rights-of-way or buildings, the Village Board may order the building, condition property or structure to be corrected, repaired or secured or taken down and removed.
A statement that in the event that the building, condition, property or structure shall be determined by the Village to be dangerous, hazardous or unsafe and in the event of the neglect or refusal of the owner to correct, repair or remove the building, condition, property or structure within the time provided, the Village may correct remove or repair the building, condition, property or structure, by whatever means it deems appropriate and assess all costs and expenses incurred by the Village in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure and engineering, legal or other expenses, against the land on which said building or structure is located.
A copy of the notice referred to in § 65-5 hereof may be filed with the Suffolk County Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules of the State of New York, and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this section. A 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 with proper jurisdiction 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 document thereof as canceled of record, upon the presentation and filing of such consent or of a certified copy of such order.
The Village Board shall conduct the public hearing at the time and place specified in the notice to cure, remedy, repair or demolish. It may adjourn the hearing from time to time until all interested parties are heard and until the hearing is completed. At the conclusion of the hearing, the Village Board shall determine by resolution to revoke the order of the Building Inspector to repair or remove, to modify said order or to continue and affirm said order to direct the owner or other persons to complete the work within the time specified in the order or such other time as shall be determined by the Village Board.
If the Building Inspector determines in his inspection of any building, condition, property or structure that there is actual and immediate danger of failure or collapse or so as to endanger life, or other imminent hazard creating a danger to the public or public order and safety in the Village of Dering Harbor, or to adjoining or nearby property or structures, or to public roads, rights-of-way and or buildings, the Building Inspector shall promptly require the building, property or structure or a portion thereof to be vacated forthwith and not to be reoccupied until the specified repairs are completed and inspected and approved by the Building Inspector or take such other action as may be appropriate under the circumstances. For this purpose, the Building Inspector may enter such building, property or structure or land on which it stands or adjoining land or structures with such assistance and at such costs as may be necessary. The Building Inspector may also order adjacent buildings, properties or structures or portions thereof to be vacated and protect the public and public order and safety 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, property or structure a notice stating: "This building (property, structure) 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. The costs of any such action, including, but not limited to, labor, materials, management, professional and or legal fees and costs and expenses shall be assessed as a lien against the property on which the condition exists and shall be assessed as taxes against that property and collected in the same manner as if taxes.
All costs and expenses incurred by the Village of Dering Harbor in connection with any proceeding or any work done to remove the danger or condition or to render the building, condition, property or structure temporarily safe or in connection with the correction or demolition or 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 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 Dering Harbor.
In addition to serving the notice provided in § 65-9, the Village Board of Trustees may, if it determines that the purposes of this chapter will be further effectuated, order that no person other than the owner or its agent shall enter upon the property and shall post on such property signs indicating "No Trespassing." Anyone found trespassing in violation of this section shall be liable for a fine not to exceed $250 for each offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Village Board of Trustees, in its discretion, may elect to apply to the Supreme Court of the State of New York for an order directing that the hazardous or unsafe building, condition, property or structure be remedied or corrected; or that the building, condition, property or structure be repaired, secured or demolished and removed at the expense of the owner; and/or, that in the event that the owner does not remedy, repair or remove the hazardous or unsafe building, condition, property or structure, that the Village may proceed with the work required with the owner to be liable for the costs thereof, including an administrative fee, and professional and legal fees. The election by the Village to pursue a remedy in civil court shall not be an exclusive remedy or a waiver by the Village and shall not preclude the availability of any other remedy by the Village.
The Village Board may commence a special proceeding pursuant to § 78-b of the General Municipal Law or other civil action to collect the costs of demolition, including reasonable and necessary legal expenses. In the event that the costs are not collected from the owner by the time of the next assessment and tax roll in the Village is prepared, the Village shall assess the outstanding costs and fees as an assessment against the property on the Village tax roll for collection.
Except as provided in § 65-11, any person or owner found guilty of violating this chapter shall be liable for the penalties in the amount of not less than $5,000 or higher amount as may be allowed by law, and each and every day that the unsafe or hazardous building, condition, property or structure should exist shall constitute a separate violation and offense under this chapter.
The invalidity of any section, subsection or provision of this chapter shall not invalidate any other section, subsection or provision thereof, and, in the event that any section of this chapter shall be deemed invalid or unenforceable, the remaining sections of this chapter shall remain in full force and effect.