[Added 8-20-1987 by L.L. No. 12-1987]
[Amended 6-16-1992 by L.L. No. 2-1992]
It is the finding of the Village Board of the
Village of Lindenhurst that the existence of abandoned and unattended
buildings or parts of buildings and unsafe structures within the Village
of Lindenhurst, which may or may not be structurally sound, constitute
a danger and a threat to the safety, health, comfort and general welfare
of this Village and its residents. It is thus the intent of this article
to provide for the protection of property, the preservation of peace
and good order, the suppression of vice, the benefit of trade and
the preservation and protection of public works.
The following words and phrases, as used in
this article, shall have the meanings hereinafter ascribed to them.
All other words and phrases shall have the meanings normally ascribed
to them.
The duly elected and constituted Board of Trustees of the
Village.
House, garage, shed or fence or part of any such house, garage,
shed or fence or appurtenances to these structures.
[Amended 6-16-1992 by L.L. No. 2-1992]
The duly constituted Building Department of the Village.
See § 193-149.
A combination of materials other than a building to form
a construction that is safe and stable and includes, among other things,
stadiums, gospel and circus tents, reviewing stands, platforms, stagings,
observation towers, radio towers, sheds, coal bins, walls, fences
and display signs. The term "structure" shall be construed as though
followed by the words "or part thereof."
[Added 6-16-1992 by L.L. No. 2-1992]
The Incorporated Village of Lindenhurst.
For the purposes of this article, a "dangerous
building" is declared to be:
A.
Any building which is dangerous to the public health,
safety and general welfare because of its condition and which may
cause or aid in the spread of disease or injury to the health, safety
or general welfare of the occupants of it or of neighboring buildings;
B.
Any building which, because of lack of proper repair,
construction or supervision, constitutes or creates a fire hazard;
or
C.
Any building which, because of its condition or because
of a lack of proper windows or doors, is available to and frequented
by malefactors, disorderly persons or unsupervised persons of any
age.
Any owner, manager, occupant or person in custody of real property located within the Village who allows or permits a building to continue as a dangerous building after due notice as provided in § 193-151 below shall be guilty of a violation of this article and shall be punished as provided in this article.
A.
Whenever the Building Department shall have reasonable
cause to believe that any building in the Village is a dangerous building,
a statement setting forth such facts shall be filed with the Village
Administrator Clerk. The Administrator Clerk shall thereupon cause
written notice to be served upon the owner thereof and upon the occupant
thereof, if any, by certified mail or by personal service, and shall
cause notice to be posted conspicuously upon the premises. Such notice
shall state that the building has been declared a dangerous building
and that necessary repairs or improvements must be begun within five
days after service of such notice and completed within a time period
set forth by the Building Department or such person or persons will
be charged with a violation of this article. Such notice shall be
in substantially the following form:
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To:
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From: Incorporated Village of Lindenhurst
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You are hereby notified that the Village of Lindenhurst has determined that the building owned by you and located at ___________________ has been declared a dangerous building as provided for and defined in Chapter 193 of the Village Code in that (herein insert particulars) after inspection by _________________ . In accordance with the provisions of law, you are hereby directed to begin all necessary repairs or improvements within five days after service of this notice and to complete said repairs within the time specified by the Building Department. Failure to so comply will result in a violation of Chapter 193, which provides for a penalty, upon conviction, of a fine not to exceed the maximum amount permitted by law. Upon your failure to comply, the Village may cause the dangerous condition to be abated at the expense of the owner and/or occupant of the premises.
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B.
Refusal to comply with notice; subsequent procedures.
In the event of the neglect or refusal of the person so served with
said notice to comply with the same, the Board of Trustees is to cause
a survey of said premises to be made, the same to be made by:
[Added 6-16-1992 by L.L. No. 2-1992]
(1)
The Building Inspector.
(2)
A practical builder, engineer or architect to be named
by the Board of Trustees for such purpose.
(3)
A practical builder, engineer or architect to be appointed
by the person upon whom the notice was served as above, but in the
event of the refusal or neglect of the person so served with such
notice to appoint such third surveyor, the two shall make the survey
and file a report thereof with the Village Administrator Clerk, who
will thereupon cause to be posted a signed copy of said survey report
on the building or structure that is the subject of such survey report.
C.
Survey report; application to Supreme Court. In the
event that, under such survey report, the building or other structure
shall be reported unsafe or dangerous to the public, the Village of
Lindenhurst, acting by its Board of Trustees, will make application
not less than five nor more than 10 days after the filing of such
survey with the Village Administrator Clerk at an appropriate term
of the New York State Supreme Court within the judicial district in
which the premises are located for an order determining such building
or other structure to be a public nuisance and directing that it shall
be repaired or secured or taken down and removed, that the expense
therefor may be charged to the owner of said property and for such
other and further relief as to the court may be just, equitable and
proper.
[Added 6-16-1992 by L.L. No. 2-1992]
D.
Assessment of costs and expenses. 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, shall be assessed against and be a lien upon the land on
which said buildings or structures are located and shall be added
to the Village assessment and tax roll.
[Added 6-16-1992 by L.L. No. 2-1992]
A.
Recovery of bodies from wrecked structures. In case
of the falling of any structure or part thereof in the Village where
persons are known or believed to be buried under the ruins, the Building
Inspector's office shall cause an examination of the premises to be
made of the recovery of the bodies of the killed and injured. Whenever,
in making such examination, it shall be necessary to remove any debris
from the premises, the Highway Department and any other department
of the Village, when called upon by the Building Inspector, shall
cooperate with said Building Inspector in carrying out the purpose
of this section and shall provide suitable and convenient places for
the deposit of such debris.
B.
Temporary safeguards for wrecked structures. In case
there shall be, in the opinion of the Building Inspector, actual and
immediate danger of the falling of any structure or part thereof so
as to endanger life or property, he shall cause the necessary work
to be done to render said structure or part thereof temporarily safe
until the proper proceedings provided for unsafe structures by this
article are instituted.
C.
Vacating structures; closing streets and sidewalks.
The Building Inspector is hereby authorized and empowered in such
cases, and also where any structure or part thereof has fallen and
life is endangered by the occupation thereof, to order and require
the inmates and occupants of such structure or part thereof to vacate
the same forthwith, and the Building Inspector may, when necessary
for the public safety, temporarily close the sidewalks, streets, structures
and places adjacent to such structure or part thereof and prohibit
the same from being used. The Chief of Police, when called upon by
the Building Inspector to cooperate, shall enforce such orders or
requirements.
D.
Laborers and materials. For the purpose of this section,
the Building Inspector shall employ such laborers and materials as
may be necessary to perform said work as speedily as possible.
E.
Recovery of costs. The Village Board of Trustees shall
institute appropriate actions against the owner of premises where
the unsafe structure was located for the recovery of costs incurred
by the Building Inspector in the performance of emergency work.
[Added 6-16-1992 by L.L. No. 2-1992]
A.
Issue of notices or orders. All notices of the violation
of any of the provisions of this code and all notices required or
authorized by this code directing anything to be done, including notices
that any structure, premises or any part thereof is deemed to be unsafe
or dangerous, shall be issued by the Building Inspector and shall
have his name affixed thereto.
B.
Contents of notices or orders. Each such notice or
order, in addition to the statement of requirements, shall contain
a description of the structure, premises or property or premises affected.
C.
Personal service of notices or orders. All such notices and any notice or order issued by any court in any proceeding instituted pursuant to this code to restrain or remove any violation or to enforce compliance with any provision or requirement of this code may be served by delivering to and leaving a copy of the same with any person violating or who may be liable under any provisions of this code or who may be designated as provided in § 193-138D of this article or as may be directed by a court of competent jurisdiction. They may be served by an officer or employee of the Building Department or by any person authorized by said Department.
[Amended 10-27-1981 by L.L. No. 9-1981]
D.
Notice or order by posting. If the person to whom
such order or notice is addressed cannot be found within the Village
of Lindenhurst after diligent search shall have been made for him,
then such notice or order may be served by posting the same in a conspicuous
place upon the premises where such violation is alleged to have been
placed or to exist or to which such notice or order may refer or which
may be deemed unsafe or dangerous and also depositing a copy thereof
in the post office in the Village of Lindenhurst enclosed in a sealed,
postpaid wrapper addressed to said person at his last known place
of residence, which shall be equivalent to a personal service of said
notice or order upon all parties for whom such search shall have been
made, whether residents or nonresidents of the State of New York.
In the case of the failure of the owner or occupant
of the premises to comply with such notice or requirement, said dangerous
condition may be abated by the Village at the expense of such owner
or occupant of the premises, such expense to be collected in one of
the following manners if not paid to the Village within three days
after demand:
A.
By suit on behalf of the Village; or
B.
By assessment against the real property upon which
the nuisance was abated, said assessment for the expense incurred
to be a lien against the real property affected and to be a part of
the Village tax liability for the first assessable tax period after
abatement of the nuisance by the Village.
In addition to serving a notice on the owner as provided in § 193-151 above, the Village Board may, if it determines that the purposes of this article will be further effectuated, order that no person other than the owner or his agent shall enter upon the property and shall post on such property signs indicating "no trespassing." When such a determination is made, notice of such fact shall be included in the notice to the owner referred to in § 193-151 above. Anyone found trespassing in violation of this section shall be liable for a fine not to exceed the maximum permitted by law.
[Amended 6-16-1992 by L.L. No. 2-1992]
Except as provided in § 193-155 above, any person found guilty of violating this article shall be liable for a fine not to exceed the maximum fine permitted to be levied by a Village Justice pursuant to the jurisdiction and powers conferred by the laws of the State of New York for every such offense. A fine shall be assessed up to the maximum permitted by New York State law per day for every day the dangerous condition continues after notice set forth in § 193-151.
Only after inspection by the Building Department
upon notification from the owner that repairs have been made will
the structure be removed from the dangerous structure classification.
