[HISTORY: Adopted by the Board of Trustees of the Village
of East Hills 9-12-1983 by L.L. No. 1-1983 as Ch. 86 of the 1983
Code. Amendments noted where applicable]
[Added 1-21-1997 by L.L. No. 3-1997]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes conditions of structures or buildings such as, but
not limited to, the following:
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 roofs 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 or the general health
and welfare of the occupants or the people of this Village.
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, safety
or general welfare of those living therein.
Those having light, air and sanitation facilities which are
inadequate to protect the health, safety or general welfare of human
beings who live or may live therein.
Those having inadequate facilities for egress in cases of fire
or panic or those having insufficient stairways, elevators, fire escapes
or other means of communication.
Collapsed structures and unsafe buildings located in any zoning
district of the Village that may be determined dangerous or unsafe
to the public may be removed pursuant and subject to the following
procedure.
An inspection and report shall be made by the Code Enforcement
Officer or by the Village Engineer, as designated in writing by the
Village Board of Trustees.
[Amended 1-21-1997 by L.L. No. 3-1997]
Whenever the Code Enforcement Officer shall find any building or structure or portion thereof to be an unsafe or dangerous building as defined in this chapter, he or she shall, in the same manner as provided for the service of a stop order in § 223-18, give to the owner, agent or person in control of such building or structure written notice stating the defects thereof. The notice shall require the owner, within a stated time, either to complete specified repairs or improvements or to demolish and remove the building or structure or portion thereof.
The action demanded by such notice shall be commenced within
10 days after the service thereof where such notice is served personally
and within 15 days after the mailing of such notice by registered
mail.[1]
[1]
Editor's Note: Original § 86-5, Survey upon
noncompliance, and § 86-6, Posting of survey, which immediately
followed this section, were repealed 1-21-1997 by L.L. No. 3-1997.
[Added 1-21-1997 by L.L. No. 3-1997]
A.
A copy of the written notice served as provided in § 227-4 shall be filed in the office of the County Clerk. The filing of said notice shall have the same effect as the filing of a notice of pendency as provided in Article 65 of the Civil Practice Law and Rules, except as otherwise provided in this section.
B.
A notice filed in accordance with Subsection A hereinabove shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a judge or justice of a court of record or upon the consent of the Village Attorney. Upon the presentation and filing of such consent or certified copy of such order in the office of the County Clerk, the aforementioned notice and any record or docket thereof shall be marked as canceled of record by said County Clerk.
[Added 1-21-1997 by L.L. No. 3-1997]
In the event that the owner of the unsafe building fails or
refuses to comply with the order to make safe and secure or demolish
and remove said unsafe building, the Board of Trustees may, by resolution
duly adopted, provide for the demolition and removal of said building
either by employees of the Village or by contract.
[Added 1-21-1997 by L.L. No. 3-1997]
It shall be unlawful for any person, whether or not interested
in the property affected by this chapter, to interfere with, obstruct
or hinder the Code Enforcement Official or his or her representative
or any person acting on his or her behalf in performing his or her
duties as set forth in this chapter.
[Added 1-21-1997 by L.L. No. 3-1997]
Where the investigation and report of the Code Enforcement Officer reveals that the continued existence of a building or structure presents an imminent danger to human life or public health or safety, the Code Enforcement Officer is hereby empowered to authorize the immediate demolition and removal of such building or structure either by employees of the Village or by contract. The expenses of such demolition and repair shall be assessed and/or recovered as provided in § 227-10.
All cost and expense incurred by the Village in connection with
the proceedings to remove or secure such unsafe building or structures
or collapsed structures, including the cost of actually removing such
building or structure and the entire survey cost, shall be assessed
against the land upon which such building or structures are located.
