[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.
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.
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.
Any building, condition, property, or structure or portion
thereof which:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
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.
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.
Has inadequate facilities for egress in case of fire or panic
or has insufficient stairways, elevators, fire escapes or other means
of communication.
Has parts thereof which are so attached that they may fall and
injure members of the public or property.
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.
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.
Is or may become a place of rodent infestation.
Consists of debris, rubble or parts of buildings left on the
ground after demolition, reconstruction, fire or other casualty.
Is in an unsafe or hazardous condition.
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.
A.
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.
B.
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.
A description of the premises.
B.
A statement of the particulars in which the building, condition,
property or structure is dangerous, hazardous or unsafe.
C.
An order requiring the building, property or structure to be made
safe and secure or removed or the condition to be remedied or removed.
D.
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.
E.
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.
F.
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.
G.
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.
