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.