The following provisions shall constitute and be known as the
"Unsafe Buildings and Structures and Demolition Code of the Village
of Briarcliff Manor."
The purpose of this article is to safeguard life and property
by regulating the repair or removal of buildings or structures which
are now, or may become, dilapidated, unsafe, dangerous, unsanitary
or a menace to health, morals, safety and general welfare of the people
of this Village, and which might tend to constitute a fire menace,
or which are a public nuisance.
All buildings or structures which have any or all of the following
defects shall be deemed unsafe buildings:
A. Those with interior walls or other vertical structural members that
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.
B. 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.
C. 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.
D. Those which have been damaged by fire, wind 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 Briarcliff
Manor.
E. Those which are so dilapidated, decayed, unsafe, unsanitary or which
so utterly fail to provide the amenities essential to decent living
that they are unfit for human habitation or are likely to cause sickness
or disease so as to cause injury to the health, morals, safety or
general welfare of those who live or may live therein.
F. Those having 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.
G. Those having inadequate facilities for egress in case of fire or
panic or those having insufficient or unsafe stairways, elevators,
fire escapes or other means of communication.
H. Those with any parts that may fall, detach, or give way and injure
members of the public or property.
I. Those which, because of their condition, are unsafe, unsanitary or
dangerous to the health, morals, safety or general welfare of the
people of this Village.
J. Those which are observed to be occupied beyond their maximum allowable
limits, potentially leading to unsafe, unsanitary or dangerous conditions
for the health, morals, safety or general welfare of occupants or
the people of this Village.
K. Those buildings in violation of any applicable federal or state building
code, or any other applicable code, including any code related to
a current or intended use for any such building. [The Asbestos Hazard
Emergency Response Act (AHERA) is an example of a use-specific federal
requirement.]
L. Those buildings existing in violation of any provision of the Building
Code of this Village or any provisions of the Fire Prevention Code
or other laws of this Village.
The following standards shall be followed in substance by appropriate
Department of Buildings Code Enforcement personnel, including the
Building Inspector, Assistant Building Inspector, their designees
and, where applicable, Chiefs of the Briarcliff Manor Fire Department,
and other authorized Village employees (each a "Code Enforcement Officer")
in ordering repair, vacating, or demolition of the building or structure:
A. If the unsafe building or structure can reasonably be repaired so
that it will no longer exist in violation of the terms of this article,
it shall be ordered to be repaired as quickly as practicable.
B. If the unsafe building or structure is in such condition as to make
it dangerous to the health, morals, safety or general welfare or its
occupants, it shall be ordered to be vacated immediately, and secured
so as to prevent any unauthorized entry, and any certificate of occupancy
in effect for such building or structure shall be made invalid.
C. In any case where an unsafe building or structure is damaged or decayed
or deteriorated to such an extent that it cannot be repaired so that
it will no longer exist in violation of the terms of this article,
it shall be promptly secured to prevent any unauthorized entry, and
demolished. In all cases where an unsafe building is a fire hazard
existing or erected in violation of the terms of this article or any
law of the Village or statute of the State of New York, it shall be
demolished.
All unsafe buildings and structures within the terms of this
article are hereby declared to be public nuisances and shall be repaired,
vacated or demolished as hereinbefore and hereinafter provided.
If the structure surveyed is determined to be dangerous or unsafe
by order of any court having jurisdiction thereof and if its repair
or removal is undertaken by the Village of Briarcliff Manor, then
in that event, the Village of Briarcliff Manor shall assess the property
owner for all expenses of said repair or removal, including the costs
of all related proceedings thereto, including engineer, architect,
inspector, and court costs, recovery expenses, and reasonable attorneys'
fees. Any such fees remaining unpaid for more than 30 days shall be
assessed against and become a lien placed upon the property.
No officer, agent or employee of the Village of Briarcliff Manor
shall be personally liable for any damage that may accrue to persons
or property as a result of any act required or permitted in the discharge
of his duties under this article. Any suit brought against any officer,
agent or employee of the Village of Briarcliff Manor as a result of
any act required or permitted in the discharge of his duties under
this article shall be defended by the Village or Briarcliff Manor
and its attorneys until the final determination of the proceedings
therein.
It shall be the duty of the Village Attorney to institute contempt
proceedings in the event that any owner or agent having control of
any building or structure fails to remove, repair or rehabilitate
the same or fails to obey any order or mandate by any court of competent
jurisdiction.
Any person violating any of the provisions of this article shall,
upon conviction thereof, be subject to a minimum fine of $1,000 and
a maximum fine of $3,000 per offense or imprisonment not exceeding
15 days, or both such fine and imprisonment. Every violation of any
provision of this article shall be a separate and distinct offense,
and in the case of a continuing violation, each day of continuing
violation thereof shall be deemed to be a separate and distinct offense.
If a Code Enforcement Officer finds that there is actual and immediate danger of failure or collapse of the building or structure so as to endanger life, or where there is any imminent danger to human life or health, notice, as detailed in §
90-32, shall be provided to the owner, owner's agent, person responsible for the building or structure and any lessees that the building, structure or portion thereof be vacated forthwith and not reoccupied until the specified repairs and improvements are completed, inspected and approved by an appropriate Code Enforcement Officer. There shall be posted at each entry to such building or structure a notice stating that the building is unsafe and that its use or occupancy has been prohibited by the Village of Briarcliff Manor. 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, their agents, servants or employees to remove such notice without written permission of the Village of Briarcliff Manor Building Inspector, Assistant Building Inspector or their designee, or for any person to enter the building or structure, except for the purpose of making the required repairs or of demolishing the same. When necessary for the public safety, the Building Inspector may, in cooperation with the Superintendent of Public Works, the Village Engineer and the Police Chief, temporarily close sidewalks, public or private streets and adjacent buildings and structures and prohibit the same from being used. Any violation of this section shall result in a penalty pursuant to §
90-37.