[HISTORY: Adopted by the Board of Trustees of the Village
of Hillburn 3-7-1960 (Ch. 8 of the 1977 Code); amended in its entirety 6-25-2019 by L.L. No. 4-2019.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: A prior amendment was adopted 3-31-1971.
For the purpose of this chapter, the following words and phrases
shall have the following meanings:
The Building Inspector of the Village of Hillburn or any
person authorized by the Board of Trustees to enforce the provisions
of this chapter.
Any house, lot, building, shed, garage, wall, fence, storage
tank, underground container, pole, smokestack, excavation, basement,
cellar, well or cistern.
All buildings or structures which have any of the following
defects:
Those whose interior walls or other vertical structural members
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.
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.
Those which have improperly distributed loads upon the floors
or roof or in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used.
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
Hillburn.
Those which have become or are so dilapidated, decayed, unsafe
or 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 work injury to the health, morals,
safety or general welfare of those living therein.
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.
Those having inadequate facilities for egress in case of fire
or panic or those having insufficient stairways, elevators, fire escapes
or other means of communication.
Those which have parts thereof which are so attached that they
may fall and injure members of the public or property.
Those which, because of their condition, are unsafe, unsanitary
or dangerous to the health, morals, safety or general welfare of the
people of the Village of Hillburn.
Those buildings existing in violation of any provision of the
Building Code or any provision of the Fire Prevention Code or other
ordinance or local law of the Village of Hillburn.
The owners of record of the premises in fee or lesser estate
therein, receiver, executor, administrator, trustee or any other person,
firm, partnership or corporation in control of a building or the duly
authorized agent of any of the aforementioned.
All buildings or structures which, by reason of their condition,
endanger or may endanger the health, life, limb or property or cause
any hurt, harm, inconvenience, discomfort, damage or injury to the
health, life, limb or property of the people of the Village of Hillburn
in any of the following ways:
By reason of being detrimental to the general health of the
community.
By reason of being a fire hazard.
By reason of being unsafe for occupancy or use on, in, upon,
about or around the above-said premises.
By reason of continued vacancy, thereby resulting in lack of
reasonable or adequate maintenance of structures and grounds and causing
a deteriorating and blighting influence on nearby properties and thereby
depreciating the enjoyment and use of the property in the immediate
vicinity to such an extent that it is harmful to the community in
which such structure is situated.
A.
Notice to secure building or structure. Whenever the Building Inspector
determines that any building or structure is not adequately secured,
locked or closed and is accessible to juveniles, transients or undesirables
or is a health, fire or safety hazard to the adjacent community, he
shall serve the owner with a notice to secure or close the same forthwith
so as to prevent unauthorized persons from gaining access thereto.
B.
Contents of notice. Said notice shall inform the owner that:
(1)
He must forthwith secure or close said building or structure so as
to prevent unauthorized persons from gaining access thereto.
(2)
He may request a hearing within 10 days after receipt of the notice
if he believes that the building or structure is adequately secured
or closed.
(3)
If the required work is not completed within 10 days after service
of the notice and if a timely demand for a hearing is not made, the
Village of Hillburn may perform the work at the expense of the owner.
D.
Request for hearing. Within 10 days of service upon the owner or
person having control of a building or structure of a notice, the
owner or any other person deeming himself aggrieved by said notice
may request a hearing.
E.
Hearing. Upon receiving a request for a hearing, the Building Inspector
shall forthwith inform the Mayor that a request for a hearing has
been filed. The Mayor shall designate a hearing officer to hear and
determine the matter and shall inform the Building Inspector of the
person so designated. The Building Inspector shall inform the person
requesting the hearing of the date and place of the hearing not less
than five days prior to the date of the hearing. The hearing officer
shall, upon the presentation of relevant evidence, determine whether
the building or structure is or is not adequately secured, locked
or closed and whether the building or structure is accessible to juveniles,
transients or undesirables or is a health, fire or safety hazard to
the adjacent community. The hearing officer shall promptly issue a
report of the contentions of the parties, the findings of fact and
his determination to the person requesting the hearing and his attorney,
if any, the Building Inspector and the Board of Trustees. The Board
of Trustees shall review the evidence and determination and may accept,
reject or modify the determination of the hearing officer. The Village
Clerk shall notify the person requesting the hearing and his attorney,
if any, and the Building Inspector of the decision. Any person aggrieved
by the decision may appeal said decision directly to the Supreme Court
of the State of New York pursuant to Article 78 of the Civil Practice
Law and Rules. Such a proceeding shall not stay further action pursuant
to this chapter unless the Court so orders.
F.
Securing of structures by the Village. If a person is properly served
with a notice as provided by this section and he does not request
a hearing or if a hearing is requested and held and it is determined
that said person is required to secure or close such building and
if said building is not so secured or closed within 10 days after
service of the required notice or within 10 days after service of
the decision, the Village of Hillburn may cause the building to be
secured and closed.
G.
Owner responsible for cost of work. Whenever the Village has secured
or closed any building or structure or has paid any other person or
corporation to perform said work, the actual cost thereof, plus accrued
interest at the rate of 12% per annum from the date of the completion
of said work, shall be charged to the owner of said property. If the
owner of said property does not pay said charges, they shall be included
as a part of the next Village tax bill, and said charges shall be
due and payable by said owner at the time of payment of said bill.
H.
Statement constitutes lien. Where the full amount due the Village
is not paid by such owner within 10 days after securing or closing
a building, then and in that case the Building Inspector shall file
a sworn statement with the Village Clerk showing the cost and expense
incurred for the work, the date the work was done and the location
of the property on which said work was done. The recordation of such
sworn statement shall constitute a lien and privilege on the property
and shall remain in full force for the amount due in principal and
interest, plus costs of court, if any, for collection, until final
payment has been made. Said costs and expenses shall be collected
in the manner fixed by law for the collection of taxes. Sworn statements
recorded in accordance with the provisions hereof shall be prima facie
evidence that all legal formalities have been complied with and that
the work has been done properly and satisfactorily and shall be full
notice to every person concerned that the amount of the statement,
plus interest, constitutes a charge against the property designated
or described in the statement and that the same is due and collectible
as provided by law.
I.
Emergency procedures. Whenever the conditions described in Subsection A constitute such an immediate hazard that the building or structure must be secured or closed forthwith or within less than the designated period and if the Building Inspector so determines, the Building Inspector shall request the Director of Public Works to cause such building or structure to be secured after giving such notice to the owner or the person in charge as circumstances permit or without notice when, in the opinion of the Building Inspector, immediate action is necessary. If notice cannot be given to the owner or person in charge prior to such action, notice shall be given to the owner or person in charge within seven days thereafter in accordance with the provisions of Subsections B and C.
A.
Whenever the Building Inspector suspects the existence of a public
nuisance or dangerous building, he shall inspect the premises on which
the suspected nuisance exists upon being granted permission by the
owner or person in control of the premises or after having obtained
an appropriate warrant or, if sufficient, upon an inspection without
entering the premises. A written report of the inspection and the
findings with respect to the existence of a public nuisance or dangerous
building shall be prepared by the Building Inspector and filed with
the Village Clerk.
B.
If the Building Inspector determines that a public nuisance or dangerous
building exists, he shall cause a written notice to be served on the
owner setting forth the findings with respect to the existence of
a public nuisance or dangerous building and stating that, unless the
owner thereof shall cause the abatement of the public nuisance or
dangerous building by rehabilitation or by removal of the building,
structure or nuisance, the same will be abated or removed by the Village
at the expense of the owner. Said notice shall state that the owner
must commence to comply with the order of the Building Inspector within
10 days after service of the notice or such other time as the Building
Inspector determines and be completed within the time prescribed by
the Building Inspector and that a building permit must be obtained
in accordance with the provisions of the Village of Hillburn Zoning
Local Law.[1]
D.
Abatement of public nuisances or dangerous building.
(1)
Upon being served notice, the owner may, within 10 days after receipt
of notice, make application to the Building Inspector to undertake
the repairs or replacement of items found to constitute a public nuisance
or danger.
(2)
Adequate plans and specifications, as required by the Building Inspector
and by the Village of Hillburn Zoning Local Law and Building Code,
covering said repairs or replacements shall be furnished by the owner
to the Building Inspector within 10 days after receipt of notice or
such additional time, not to exceed 90 days, as the Building Inspector
may deem necessary to complete plans and specifications.
(3)
The Building Inspector shall, upon approval of the plans and specifications
and upon site plan approval if required by the Zoning Local Law, cause
a building permit to be issued to the owner. The building permit shall
be valid for a period of 90 days, and within that time the owner shall
effect and complete the repairs and/or replacements. The Building
Inspector may grant an extension of the building permit if the owner
shows reason or cause for the requested extension.
(4)
Upon being served notice, the owner may, within 10 days, make application
to the Building Inspector for a demolition permit to abate the nuisance
completely by demolition and removal of the structure. The demolition
permit shall be valid for a period of 30 days, and within that time
the owner shall completely demolish and remove the building and, if
required by the Building Inspector, fill in open pits and enclose
the lot with a fence at least six feet in height, approved by the
Building Inspector. The Building Inspector may grant an extension
of the demolition permit if the owner shows reason or cause for the
requested extension.
(5)
In determining whether to apply the provisions of this § 88-3 to the following enumerated portions of the definitions of "dangerous building" or "public nuisance" for any property for which a building permit has been secured, the Building Inspector shall consider the intention of the owner to rebuild or repair the structure, the proposed and realistic time within which such work can be accomplished, the circumstances giving rise to the condition, whether the condition giving rise to the potential classification as a dangerous building or public nuisance implicates public health or safety or aesthetics and any other factor which equitably is relevant. This provision shall apply to the following provisions of the term "dangerous building": Subsections A, B, F and J;[2] and to the following provisions of the term "public nuisance": Subsections A and D.[3] This provision shall not apply to any property for which a building permit presently is in effect. The appeal provisions set forth in § 88-3E of this chapter shall apply to any determination made hereunder.
E.
Appeal hearing of public nuisance structures.
(1)
The owner may, within 10 days after receipt of notice, make a demand,
in writing, to the Building Inspector for a hearing on the question
of whether in fact a public nuisance or dangerous building exists.
The hearing shall be held within a reasonable time, not to exceed
30 days following receipt of the written demand, and at least five
days' notice, in writing, of the hearing shall be given to the
owner. The hearing shall be conducted by a hearing officer appointed
by the Mayor. The hearing officer may:
(a)
Sustain the finding that a public nuisance or dangerous building
exists on the property and order the abatement thereof by repair or
replacement of the items found to constitute a public nuisance or
danger or order the abatement thereof by demolition;
(b)
Reject or modify the finding of the Building Inspector; or
(c)
Take such other action and render such other orders as he deems
appropriate within the authority conferred by this chapter.
(2)
A copy of the findings of fact and decision of the hearing officer
shall be promptly served upon the owner and his attorney, if any,
the Building Inspector and the Board of Trustees and shall be filed
with the Village Clerk. The Board of Trustees shall review the evidence
and determination and may accept, reject or modify the determination
of the hearing officer. Any person aggrieved by the decision may appeal
said decision directly to the Supreme Court of the State of New York
pursuant to Article 78 of the Civil Practice Law and Rules. Such a
proceeding shall not stay further action pursuant to this chapter
unless the Court so orders.
F.
Abatement of nuisance or dangerous building by Village; demolition
of structure. Should the nuisance or danger not be abated at the expiration
of the time stated in the notice or expiration of the time stated
in the building permit or any extensions granted by the Building Inspector
or such additional time as the Board of Trustees may grant, the Building
Inspector or his designee shall be authorized at any time thereafter
to enter upon the premises, and the owner shall permit him entry to
abate the nuisance or danger by demolition and removal of the structure
or by repair, replacement or removal, whichever shall be appropriate
in the opinion of the Building Inspector if no appeal has been filed,
or in the opinion of the Board of Trustees if a hearing has been deemed
and held.
Proper service of any notice required by this chapter shall
be made by personal service or by certified mail upon the record owner
or the person having control of said building or structure at his
last known address and upon any person having a recorded interest
or lien in the property and by posting a copy of the notice in a conspicuous
place on the building or structure. If the owner or person in charge
cannot be personally served and if the notice mailed by certified
mail is returned unserved, proper notice shall be accomplished by
publication of the required notice in the official newspaper of the
Village of Hillburn and by posting a copy of the notice in a conspicuous
place on the building. An affidavit of service in accordance with
this section shall be filed with the Village Clerk and shall set forth
the name and address of the person served, the manner and place of
service and the date thereof.
The provisions of this chapter shall not be deemed to be a limitation
or restriction on the authority of any department, official or employee
of the Village pursuant to any other ordinance, local law, statute
or other enactment of the Village or State of New York.
The owner or person in charge of a building or structure who
shall fail to comply with any notice or order herein shall, upon conviction
thereof, be punished by a fine up to $2,500. Each week's continued
violation shall constitute a separate additional violation hereunder.
