[HISTORY: Adopted by the Board of Trustees
of the Village of Southampton 7-14-1964; amended in its entirety 3-8-1985 by L.L. No. 1-1985.
Amendments noted where applicable.]
The purpose of this chapter is to promote the
public health, safety and general welfare of the residents of the
Village of Southampton and the conservation of property and property
values and to eliminate safety and health hazards.
All buildings or structures which are structurally
unsafe, dangerous, unsanitary or which, in relation to existing use,
constitute a hazard to safety or health by reason of inadequate maintenance,
dilapidation, obsolescence or abandonment are, severally, for the
purpose of this chapter, unsafe buildings. 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.
When, in the opinion of the Building Inspector,
any structure located in the Village of Southampton shall be deemed
to be unsafe or dangerous to the public, he shall make a formal inspection
thereof and thereafter prepare a written report thereof and file the
same in his office and a copy with the Board of Trustees.
A.
When it shall be determined by the Building Inspector
that a building or structure is dangerous or unsafe to the public,
he shall promptly serve or cause to be served a notice on the owner
or other persons having an interest in such property or structure
as hereinafter provided.
B.
The aforementioned notice shall be served on the owner
of the premises or some one of the owner's executors, legal representatives,
agents, lessees or other person having a vested or contingent or undivided
interest in same, as shown by the last completed assessment roll of
the Village, or other information as to ownership obtained by the
Village, either personally or by certified mail, addressed to the
person intended to be served at the last known address. If the notice
is served by certified mail, the Building Inspector shall cause a
copy of such notice to be posted on the premises.
The notice referred to in § 47-4 hereof shall contain the following:
A.
A description of the premises.
B.
A statement of the particulars in which the building
or structure is unsafe or dangerous.
C.
An order requiring the building or structure to be
made safe and secure or removed.
D.
A statement that the securing or removal of the building
or structure shall commence within 10 days from 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 the neglect or refusal of the person served with notice to comply with same, a hearing will be held before the Board of Trustees of the Village of Southampton, notice of which and the time and place thereof to be specified in the notice to the owner referred to in § 47-4 hereof.
F.
A statement that, in the event that the Board of Trustees, after the hearing specified in § 47-5E hereof, shall determine that the building or structure is unsafe or dangerous to the public, that the Board of Trustees may order the building or structure to be repaired and secured or taken down and removed.
G.
A statement that, in the event that the building or
structure shall be determined by the Board of Trustees to be unsafe
or dangerous, and in the event of the neglect or refusal of the owner
to repair or remove the same within the time provided, the Village
may remove such building 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, against the land on which said
buildings or structures are located.
A copy of the notice referred to in § 47-5 hereof may be filed in the office of the County Clerk of the county within which such building or structure is located, if the Village so elects to file the same, which 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 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 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 cancelled of record upon the presentation and filing of such consent or of a certified copy of such order.
If the Building Inspector determines from his
inspection of any building or structure that there is actual and immediate
danger of failure or collapse so as to endanger life, he shall promptly
require the building, structure or portion thereof to be vacated forthwith
and not to be reoccupied until the specified repairs are completed,
inspected and approved by the Building Inspector. For this purpose
he 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 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
of Southampton 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 assessor, 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 is provided by law for the collection
and enforcement of real property taxes in the Village of Southampton.
[Amended 7-11-2002 by L.L. No. 1-2002; 8-13-2020 by L.L. No. 7-2020]
The invalidity of any section, subsection or
provision of this chapter shall not invalidate any other section,
subsection or provision thereof.
