[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 77 of the 1976 Code]
The Building Inspector, or such other official of the Village of Great Neck as may be designated by the Board of Trustees, upon notification that a building or structure, from any cause, may now be or shall become dangerous or unsafe to the public, shall make inspection thereof and report his findings concerning the same to the Board of Trustees of the Village of Great Neck.
If the Board of Trustees shall find that the said building or structure, from any cause, may be or shall become dangerous or unsafe to the public, it may make an order directing notice to be served on the owner or some one of the owner's executors, legal representatives, agents or lessees or any other person having a vested or contingent interest in the premises where such building or structure is located, as shown by the records of the Receiver of Taxes and/or in the office of the County Clerk or County Register.
Such notice shall contain a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous and an order requiring the same to be made safe and secure or removed. The said notice shall specify a reasonable time after the service thereof, within which the person served with such notice may commence the securing or removal of the buildings or structures, as specified in said notice. The notice shall state that in the event that the building or other structure shall be reported unsafe or dangerous under a survey to be made, as hereinafter provided, an application will be made, at a special term of the Supreme Court in the judicial district in which the property is located, for an order determining the building or structure to be a public nuisance and directing that it be repaired and secured or taken down and removed.
Such notice may be served either personally or by registered mail, addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents or lessees or other person having a vested or contingent interest in the premises, as hereinbefore specified; provided, however, that if such service be made by registered mail, a copy thereof shall also be posted on the premises where the specified building or structure is located.
In the event of the neglect or refusal of the person served with the notice to comply with the same, the Board of Trustees shall cause a survey to be made by an official of the Village and a practical builder, engineer or architect to be named by the Board of Trustees and a practical builder, engineer or architect appointed by the person served with the above notice. In the event of the refusal or neglect of the person served with such notice to appoint said practical builder, engineer or architect, the two surveyors named by the Board of Trustees shall make the survey and report.
A signed copy of the report of the survey shall be posted on the building.
The compensation of the surveyors shall be determined by the Village Board of Trustees and included in the cost and expense incurred by the Village in connection with the proceedings taken hereunder. All costs and expenses incurred by the Village of Great Neck in connection with the proceedings to remove or secure an unsafe or collapsed building or structure, including the cost of actually removing said building or structure, shall be assessed against the land on which said buildings or structures are located. The amount of such cost and expense shall be determined and audited by the Village Board of Trustees and shall be reported to the Village Assessor of the Village of Great Neck as an amount to be levied and assessed against the said premises as an assessment for an improvement to be included in the next succeeding assessment roll of the Village of Great Neck to be thereafter prepared.
[Adopted 9-6-1977 by L.L. No. 12-1977 (Ch. 78 of the 1976 Code)]
In any case where, in the opinion of the Building Inspector, there is a clear and imminent danger to life or property due to an unsafe or hazardous condition in or on a building, structure or property in the Village, he shall immediately take such action as is necessary to safeguard such life and property.
In the performance of this duty, the Building Inspector may:
Cause temporary repairs to be made, safeguards to be installed and barriers to be erected.
Order some or all of the occupants of the building, structure or property where such unsafe or hazardous condition is found to exist to vacate the same forthwith.
Prohibit further occupancy of such building, structure or property until the condition thereof is rendered safe for such occupancy.
Temporarily close and cause to be vacated sidewalks, streets, buildings, structures and properties which adjoin the building, structure or property where the hazardous or unsafe condition is found to exist.
Employ, on behalf of the Village, such labor, equipment and material as may be necessary to achieve the foregoing.
Notice of the unsafe or hazardous condition and any action proposed or taken with respect thereto shall, at the earliest opportunity, be given by the Building Inspector to the last owner of record of the real property involved. In any event, written notice of such condition, the action taken or proposed and the estimated cost and expense to the Village shall be sent by the Building Inspector to the last owner of record of said real property, at the address given for said owner in the last deed of record in the Nassau County Clerk's office, by certified mail, return receipt requested. Such notice shall be sent not more than three business days after the Building Inspector takes any action under this article.
Any and all cost and expense incurred by the Village in connection with the proceedings set forth in this article shall be assessed against the real property where the unsafe or hazardous condition is found to exist. The amount of such cost and expense shall be audited by and the assessment determined by the Board of Trustees. The assessment shall be reported to the Village Treasurer as an amount to be levied and assessed against the said real property. Said assessment shall be a lien and charge upon said real property on the date fixed by the Board of Trustees; and, if not paid within 30 days after the same is billed by the Treasurer, it shall be collected in the manner provided by law for the collection of delinquent taxes. Ten days' written notice of the date, time and place of the meeting at which the Board of Trustees shall make such audit and determination shall be sent to the last owner of record in the same manner as above provided for the Building Inspector's notice. At said meeting, the owner shall be given an opportunity to be heard on the necessity for and amount of the proposed assessment before the same is finally determined.