[Amended 6-13-2023 by L.L. No. 8-2023]
A. 
Purpose. Unsafe buildings and structures pose a threat to the life, health, safety, and property in the Village of Scarsdale. Buildings and structures may become unsafe by neglect, general deterioration, fire, the elements, age, and/or poor craftsmanship. Vacant or abandoned buildings or structures not properly secured at entry points and windows serve as an attractive nuisance, as well as being a source of congregation for vagrants and transients. A dilapidated building may also serve as a place of rodent infestation, thereby creating a danger to the health and welfare in the Village. It is the purpose of this article to provide for the safety, health, protection and general welfare of persons and property in the Village of Scarsdale by requiring such unsafe buildings be secured and repaired to a safe condition or be demolished and removed.
B. 
Designation of unsafe buildings and structures. All buildings or structures in the Village of Scarsdale which are structurally unsafe, nuisance, dangerous, unsanitary, unsecured or not provided with adequate egress in an emergency, or which, in relation to its existing use, constitute a hazard to the safety and health of the occupants or public by reason of inadequate maintenance, dilapidation, deterioration, obsolescence and/or abandonment, are hereby declared to be unsafe and illegal and in accordance with the provisions of this article and shall be repaired and rehabilitated to a safe condition fit for human occupancy or its lawful use, or demolished and removed.
(1) 
Buildings and structures that are unsafe include, but are not limited to, the following:
(a) 
Those which exist in violation of the applicable unsafe structures and equipment provisions of the Uniform Code, the PMCNYS, or the FCNYS.
(b) 
Those whose interior walls or other vertical structural members list, lean or buckle to an extent where collapse is possible.
(c) 
Those which have significant damage or deterioration to supporting members or nonsupporting enclosings or outside walls or coverings.
(d) 
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.
(e) 
Those which have been damaged by fire, wind, or other causes to an extent where the building or structure, or part thereof, poses a danger to the life, safety or the general health and welfare of occupants or the public.
(f) 
Those having inadequate light, air and/or sanitary facilities to be fit for human occupancy or use.
(g) 
Those having inadequate or insufficient means of ingress or egress in the event of a fire, panic or other emergency, or those having insufficient stairways, elevators, fire escapes, aisles, passageways, corridors or other means of access which do not meet the minimum standards prescribed by the Uniform Code, the PMCNYS, the RCNYS, or the FCNYS.
(h) 
Those which are an attractive nuisance or serve as a potential source of congregation for vagrants or transients because they exist without secured doors, windows, or other entry points.
(i) 
Those which have suffered a total or partial collapse which presents a danger to the life, safety, and welfare of occupants or the public.
(j) 
Those that have parts thereof that are so attached that they may fall and injure members of the public or property.
(k) 
Those which, because of their condition, are unsafe, nuisance, unsanitary or dangerous to the health, safety or general welfare of the occupants or the public.
(2) 
Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid or gas container(s) or other equipment on the premises or within the structure which is in disrepair or a condition that such equipment is a hazard to life, health, property or safety of occupants or the public. The procedure for the removal of unsafe equipment shall be the same procedure as demolition and removal of unsafe buildings or structures.
(3) 
Buildings or structures unfit for human occupancy. Buildings or structures which are unfit for human occupancy shall also be declared as unsafe under this article. Such buildings or structures are unfit for human occupancy whenever they are unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by the Village of Scarsdale or the codes of the State of New York, or because the location of the building or structure constitutes a hazard to the occupants of the building or structure or to the public.
C. 
Investigation and report. When, in the opinion of the Building Inspector, any building, structure, or equipment within the Village of Scarsdale appears to be unsafe or dangerous for human habitation, abandoned, or threatens the health, safety or welfare of the occupants or public, or is hazardous to property, or is unlawful, the Building Inspector shall make a formal inspection thereof and prepare a written report of the findings.
(1) 
The Building Inspector's report shall be delivered to the Village Manager and filed in the Building Department. A copy of the report must also be included with the notice and order to remedy served upon the owners or occupants pursuant to § 132-66. At the request of the Building Inspector, the Village Board may retain an independent New York State licensed architect or professional engineer to assess the structural integrity of the building or structure believed to be unsafe. The Building Inspector's report, at a minimum, shall contain the following:
(a) 
Disclose all relevant facts known to the Building Inspector, including, but not limited to, a description of the property and the circumstances surrounding the investigation and findings thereof, as well as the findings of any qualified professionals engaged to assess the structural integrity of the building or structure, if applicable;
(b) 
A statement of the particulars in which the building, structure or equipment is unsafe or dangerous for human occupancy, a nuisance, or threatens the health, safety or welfare of the occupants or public, or is hazardous to property, or is unlawful;
(c) 
A description of the remedial action(s) which, if taken, will remediate the unsafe conditions, including, but not limited to, whether demolition or removal is required; and
(d) 
Prior communication and notification, if any, with the property owner and occupants concerning the unsafe or dangerous conditions.
(2) 
The Building Inspector is hereby authorized to seek an inspection warrant, based on specific evidence of violations of this article, in the event that the owner or other person/entity in possession refuses to grant the Building Inspector permission to inspect the subject building, structure, or equipment. Once issued, the Village Police Department shall assist the Building Inspector with execution of such inspection warrant.
A. 
Notice and order to remedy. Whenever the Building Inspector determines, pursuant to § 132-65, that a building, structure, or equipment is dangerous or unsafe, a nuisance, or threatens the health, safety or welfare of the occupants or public, or is hazardous to property, or is unlawful, or a building system or equipment is unsafe or hazardous, the Building Inspector shall order the owner(s) to remedy the violations and/or conditions and shall cause written notice of same to be served upon the owner(s), occupants or any other person, or entity having a known legal interest in the building, structure, or equipment, personally or by certified mail, return receipt requested, and by regular mail, addressed to the last known address, or as shown by the records of the Village Treasurer and/or in the office of the County Clerk, Division of Land Records for the County of Westchester. If such notice is being served in response to unsafe, dangerous, or defective equipment, then service shall be made upon the property owner in which the equipment is located. Service shall be deemed complete when the owner(s), occupant(s), or other interested party is personally served or upon delivery of the notice to the United States Postal Service.
(1) 
The notice and order to remedy served upon the owner(s), occupant(s), or other interested party shall contain the following:
(a) 
A description of the premises, including the street address and tax parcel, and a directive to immediately contact the Building Department, and contact info thereof;
(b) 
An order that the owner(s) must commence the remedial actions specified in the Building Inspector's report within 10 days of service and that such work must continue day to day and be completed within 30 days after issuance of the order to remedy, provided the Building Inspector may allow a longer period to complete such work;
(c) 
A copy of the Building Inspector's report prepared under § 132-65C;
(d) 
A statement that failure or refusal to comply with the ordered corrective actions within the specified time frame may result in the Village taking such corrective actions, including undertaking such corrective action itself and/or seeking a court order requiring the abatement of the unsafe conditions, which may include the demolition and/or removal of the unsafe structure or conditions or equipment;
(e) 
A statement that in the event that the specified corrective actions are not taken by the owner(s), any costs or expenses incurred by the Village in connection with taking such corrective actions shall be the liability of the property owner(s) and are recoverable by the Village under § 132-68; and
(f) 
In the event the building or structure is unsafe to the degree in which the Building Inspector intends to prohibit its occupancy and/or requires demolition, the notice shall also include the provisions set forth in § 132-67.
(2) 
The order to remedy shall also be posted in a conspicuous place in or about the building, structure, or equipment affected by such notice, which shall remain until the required repairs are made or demolition and/or removal completed. Such notice shall contain, at a minimum, the following:
(a) 
A description of the premises and a directive to immediately contact the Building Department, and contact info thereof;
(b) 
A statement, in bold and large font, as follows: "THIS PROPERTY IS THE SUBJECT OF A PENDING NOTICE OF VIOLATION ISSUED BY THE VILLAGE OF SCARSDALE BUILDING DEPARTMENT IN WHICH THIS PROPERTY CONTAINS UNSAFE AND DANGEROUS CONDITIONS.";
(c) 
An order that the owner(s) must commence the remedial actions within 10 days of service and that such work must continue day to day and be completed within 30 days of issuance of the order to remedy, or as determined by the Building Inspector;
(d) 
Citation of the particulars in which the building, structure or equipment is unsafe or dangerous for human occupancy, a nuisance, or threatens the health, safety or welfare of the occupants or public, or is hazardous to property, or is unlawful; and
(e) 
If applicable, notice pursuant to § 132-67.
B. 
Final order.
(1) 
Final order. The order to remedy to correct shall automatically become a final order if:
(a) 
The remedial actions referenced in the order to remedy have not been completed within 30 days of issuance of said order to remedy, or such longer period as was permitted by the Building Inspector; or
(b) 
If the order to remedy included a notice pursuant to the provisions set forth in § 132-67, then such order to remedy shall become a final order if:
[1] 
No hearing has been requested by the owner or occupant within five days of service of the order to remedy;
[2] 
If having requested a hearing, there has been no appearance at the hearing by the person who requested the hearing or other interested party; or
[3] 
At the hearing, the Village Manager determined the building or structure is unsafe for occupancy and/or demolition is warranted.
(2) 
Authority of Building Inspector to commence remedial repairs. Upon issuance of the final order, as described above, and when the owner has failed to undertake remedial actions within 30 days of issuance of the order to remedy, the Building Inspector is authorized to abate or remediate the dangerous or unsafe conditions. Any and all costs incurred by the Village to undertake remedial actions shall be recoverable under § 132-68.
(3) 
Authority of Building Inspector to prohibit occupancy. In the event of a final order as set forth in Subsection B(1)(b) above, the Building Inspector shall post a placard on the property prohibiting such occupancy and is authorized to order the occupants off the property and to barricade the entrances to prevent re-entry unless, during the hearing, the Village Manager determined that the building or structure is safe for occupancy, provided the owner or occupant may enter the premises to remedy the unsafe conditions if all necessary approvals been granted by the Village.
(4) 
Authority of Building Inspector to demolish and remove an unsafe building or structure. In the event of a final order as set forth in Subsection B(1)(b) above, which requires demolition and removal of an unsafe building, structure or equipment, and if the owner does not demolish and/or remove an unsafe building, structure, or equipment within the time frame provided by the Village Manager, the Building Inspector may commence with the demolition and removal of the unsafe building or structure. Any and all costs incurred by the Village in connection with the demolition and removal of an unsafe building or structure shall be recoverable under § 132-68.
(5) 
Judicial intervention. In the alternative to the above-mentioned procedures, upon issuance of a final order, the Village Attorney is authorized to seek judicial intervention to obtain a court mandating the owner abate or remediate the dangerous or unsafe conditions, including, but not limited to, the demolition and/or removal of the unsafe building or structure. Any and all costs incurred by the Village in connection with such judicial intervention shall be recoverable under § 132-68.
C. 
Emergency situation. In the event of an emergency, when in the opinion of the Building Inspector the building, structure or equipment poses an imminent danger to the life, safety, or health of any person or property, or when any structure or part thereof has fallen or collapsed and poses a danger to occupants, the public, or property, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosive fumes or vapors or the presence of toxic fumes, gases or materials or operation of defective or dangerous equipment, the Building Inspector is authorized and empowered to order and mandate the immediate evacuation of the premises and surrounding areas in danger.
(1) 
In the event of an emergency, the Building Inspector shall cause to be posted at each entrance to such structure a notice which reads as follows: "This Structure is Unsafe and Its Occupancy Has Been Prohibited by the Building Inspector of the Village of Scarsdale."
(2) 
It shall be unlawful for any person to enter such building or structure except for the purpose of securing the structure, making the required repairs, removing the dangerous conditions, or demolishing and removal thereof. Such violations shall be punished in accordance with the standard penalties set forth in this chapter.
(3) 
Notwithstanding the other provisions of this article, whenever, in the opinion of the Building Inspector, there is imminent danger to life or property due to an unsafe condition, the Building Inspector shall order any necessary work to be done, including the boarding up of openings, to render such structure temporarily safe, whether or not the legal procedures herein described have been instituted; and shall cause such other action to be taken as the Building Inspector deems necessary to meet such emergency, provided the owner and/or occupant is then afforded a hearing under § 132-67.
A. 
Prior to prohibiting the occupancy of any building or structure or ordering of the demolition and removal of an unsafe building, structure, or equipment, the owner or other occupant must be given notice and an opportunity to be heard, notwithstanding, in an emergency situation, as enumerated in § 132-66C, the Building Inspector may immediately prohibit occupancy of an unsafe building or structure and/or undertake emergency remedial actions, provided the owner or other occupant is later afforded a hearing in the same manner as set forth below.
B. 
Such notice must include:
(1) 
Notice that the Building Department intends to placard and thus prohibit occupancy and/or demolish such building or structure because of the unsafe conditions existing thereat;
(2) 
Specific citations to provisions of the Uniform Code, New York State Property Maintenance Code, or Village Code which have been violated and/or a statement describing the unsafe or dangerous conditions;
(3) 
Notice that the owner or occupant has a right to request a hearing to present to the Village Manager the reasons why the owner or occupant believes that the occupancy should not be prohibited or demolition is not warranted;
(4) 
The right to be present at the hearing, and to have an attorney or agent present during the hearing and for such attorney or agent to speak on his or her behalf; and
(5) 
Notice that the owner or occupant must request a hearing within five days of receiving such notice and such request must be made to the Building Department.
C. 
In the event the owner or other occupant requests a hearing, such hearing must take place before the Village Manager within a reasonable time of the request. At the hearing, the Village Manager shall determine whether the unsafe conditions at the building or structure warrant prohibiting its occupancy and/or ordering its demolition. The Village Manager must first allow testimony from the owner(s) and occupant(s), and if applicable, from their authorized agents or attorney, before hearing testimony from others in attendance. The rules of evidence shall not apply.
D. 
In the event the owner or other occupant fails to request a hearing, fails to attend the hearing, or if, at the hearing, the Village Manager determines that the building or structure is unsafe for occupancy and/or requires demolition, such determination shall constitute a final order under § 132-66B(1)(b) and the Building Inspector may then prohibit its occupancy under § 132-66B(3). In the event such a final order requires the demolition of an unsafe building or structure, the Village Manager shall allow the owner or occupant at least 30 days to commence with such demolition. If the owner fails to demolish the building or structure within such time frame, then the Building Inspector may proceed under § 132-66B(4). The request for a hearing under this section shall not suspend the owner's obligation to commence with the remedial actions outlined in the Building Inspector's order to remedy.
E. 
Notwithstanding the above, the Village Manager may appoint and retain an independent hearing officer to adjudicate the hearing.
In the event that the required work is not undertaken and completed within the provided time frame, the owner or person having a vested or contingent interest in the subject property shall be liable for all costs and expenses incurred by the Village of Scarsdale in connection with abating the unsafe condition(s), including, but not limited to, the costs of such repairs, reasonable attorney's fees, and/or costs of actually demolishing and removing said building, structure, or equipment.
A. 
All costs and expenses incurred by the Village in connection with this article shall be charged against the property or recoverable pursuant to General Municipal Law § 78-b.
B. 
The Village Treasurer shall mail by registered mail, return receipt requested, and by regular mail, to the owner, his or her agent, person in charge of the property, or person having a vested or contingent interest in the property, to the last known address or to the last address shown on the most current assessment roll maintained by the Village Assessor, an itemized memorandum of the costs and expenses incurred by the Village in connection with performing the remedial repairs or demolition and removal of the subject building, structure, or equipment, including reasonable attorney's fees. The notice shall state that upon failure to pay the amount certified within 30 days of receipt of the notice by cash, money order, or certified bank check, the amount will be added to the annual levy assessed against the subject property or other action will be taken without further notice to collect. Nothing contained herein shall be construed to limit the Village's remedies or bar the commencement of an action to collect the debt in lieu of a tax lien.
C. 
In the event the debt is not paid within the thirty-day period, or if the mailing is retuned by the post office because of the inability to make delivery for any reason, as long as the notice was properly addressed as set forth above, such certification of costs shall be provided to the Tax Receiver who shall cause the costs as shown thereon to be charged against the property without further notice. The amount so charged shall forthwith become a lien against such lands and shall be added to and become part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officer(s) and in the same manner as taxes.
D. 
Notwithstanding the above, the Village may, in addition to the remedies provided herein, initiate a special proceeding in a court of competent jurisdiction, pursuant to General Municipal Law § 78-b, to recover the costs and expenses incurred as a result of the demolition and removal of an unsafe building or structure.