[HISTORY: Adopted by the Board of Trustees of the Village of Westhampton Beach 9-14-1990 by L.L. No. 22-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 70.
Unsafe buildings pose a threat to life and property in the Village of Westhampton Beach. Buildings and structures may become unsafe by reason of damage by fire, the elements, age or general deterioration. Vacant buildings not properly secured at doorways and windows also serve as an attractive nuisance for young children who may be injured therein, as well as a point of congregation by vagrants and transients. A dilapidated building may also serve as a place of rodent infestation, thereby creating a health menace to the community. Debris, rubble or parts of buildings left on the ground and not removed constitute a dangerous, unhealthy and unsightly condition. It is the purpose of this chapter to provide for the safety, health, protection and general welfare of persons and property in the Village of Westhampton Beach by requiring such unsafe buildings to be repaired or demolished or removed.
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING
Any building, structure or portion thereof used for residential, business, industrial, recreational or other purposes.
BUILDING INSPECTOR
The Building Inspector of the Village of Westhampton Beach and his duly appointed assistants or deputies or such other person appointed by the Village Board to enforce the provisions of this chapter.
PORTION OF BUILDING OR STRUCTURE
Any debris, rubble or parts of buildings which remain on the ground or on the premises after demolition, reconstruction, fire or other casualty.
UNSAFE BUILDING OR STRUCTURE
Any building or structure or portion thereof which:
A. 
Has interior walls or other vertical structural members which list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle 1/3 of its base.
B. 
Exclusive of the foundation, shows 33% or more of damage to or deterioration of the supporting member or members or 50% damage to or deterioration of the nonsupporting enclosing or outside walls or covering.
C. 
Has improperly distributed loads upon the floors or roofs or in which the same are overloaded or have insufficient strength to be reasonably safe for the purpose used.
D. 
Has been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the Village of Westhampton Beach.
E. 
Has become or is so dilapidated, decayed or unsanitary or which so utterly fails to provide the amenities essential to decent living that it is unfit for human habitation or is likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein.
F. 
Has light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.
G. 
Has inadequate facilities for egress in case of fire or panic or has insufficient stairways, elevators, fire escapes or other means of communication.
H. 
Has parts thereof which are so attached that they may fall and injure members of the public or property.
I. 
Because of its condition, is unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of the Village of Westhampton Beach.
J. 
Is open at the doorways or windows or walls, making it accessible to and an object of attraction to minors under 18 years of age, as well as to vagrants and other trespassers.
K. 
Is or may become a place of rodent infestation.
L. 
Consists of debris, rubble or parts of buildings left on the ground after demolition, reconstruction, fire or other casualty.
All buildings and/or structures which are structurally unsafe, dangerous, unsanitary or not provided with adequate egress or which in relation to an existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are, severally, for the purposes of this chapter, unsafe buildings. All such buildings and structures are hereby declared to be illegal and are prohibited and shall be abated by repair and rehabilitation or by demolition and removal in accordance with the procedures of this chapter.
When, in the opinion of the Building Inspector, any building or structure located in the Village of Westhampton Beach shall be deemed to be dangerous or unsafe to the public, as defined in § 71-2, the Building Inspector shall make a formal inspection thereof and report in writing, to the Village Board his findings and recommendations in regard to the building's or structure's removal or repair.
A. 
When it shall be determined by the Building Inspector that a building or structure is dangerous or unsafe to the public, he shall promptly serve or cause to be served a notice on the owner or other persons having an interest in such property or structure as hereinafter provided.
B. 
The aforementioned notice shall be served on the owner of the premises, the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the last completed assessment roll of the Village, either personally or by registered mail, addressed to the person intended to be served at the last known place of business. If the notice is served by registered mail, the Building Inspector shall cause a copy of such notice to be posted on the premises.
The notice referred to in § 71-5 hereof shall contain the following:
A. 
A description of the premises.
B. 
A statement of the particulars in which the building or structure is unsafe or dangerous.
C. 
An order requiring the building or structure to be made safe and secure or removed.
D. 
A statement that the securing or removal of the building or structure shall commence within 10 days of the date of the service of the notice and shall be completed within 30 days thereafter. The Building Inspector may extend the time of compliance specified in the notice, where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. In granting any such extension of time, the Building Inspector may impose such conditions as he may deem appropriate.
E. 
A statement that, in the event of neglect or refusal of the person served with the notice to comply with the same, a hearing will be held before the Board of Trustees of the Village of Westhampton Beach, notice of which and the time and place thereof to be specified in the notice to the owner referred to in § 71-5 hereof.
F. 
A statement that, in the event that the Village Board, after the hearing specified in § 71-6E, shall determine that the building or structure is unsafe or dangerous to the public, the Village Board may order the building or structure to be repaired or secured or taken down and removed.
G. 
A statement that, in the event that the building or structure shall be determined by the Village to be unsafe or dangerous and in the event of the neglect or refusal of the owner to repair or remove the same within the time provided, the Village may remove such building or structure by whatever means it deems appropriate and assess 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, against the land on which said building or structure is located.
A copy of the notice referred to in § 71-6 hereof may be filed with the County Clerk of the county within which such building or structure is located, which notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this section. A notice so filed 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. The Clerk of the county where such notice is filed shall mark such notice and any record or document thereof as canceled of record, upon the presentation and filing of such consent or of a certified copy of such order.
The Village Board shall conduct the public hearing at the time and place specified in the notice to repair or demolish. It may adjourn the hearing from time to time until all interested parties are heard and until the hearing is completed. At the conclusion of the hearing, the Village Board shall determine by resolution to revoke the order of the Building Inspector to repair or remove, to modify said order or to continue and affirm said order to direct the owner or other persons to complete the work within the time specified in the order or such other time as shall be determined by the Village Board.
If the Building Inspector determines in his inspection of any building or structure that there is actual and immediate danger of failure or collapse so as to endanger life, he shall promptly require the building, structure or a portion thereof to be vacated forthwith and not to be reoccupied until the specified repairs are completed and inspected and approved by the Building Inspector. For this purpose, he may enter such building or structure or land on which it stands or adjoining land or structures with such assistance and at such costs as may be necessary. He may also order adjacent structures to be vacated and protect the public by appropriate barricades or such other means as may be necessary and for this purpose may close a private or public right-of-way. The Building Inspector shall cause to be posted at each entrance to such building or structure a notice stating, "This building is unsafe and its use or occupancy has been prohibited by the Building Inspector." Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents or other persons to remove such notice without written permission of the Building Inspector or for any person to enter the building except for the purpose of making the required repairs or the demolition thereof.
All costs and expenses incurred by the Village of Westhampton Beach in connection with any proceeding or any work done to remove the danger or in connection with the demolition or removal of any such building or structure shall be assessed against the land on which such building or structure is located, and a statement of such expenses shall be presented to the owner of the property, or, if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner thereof, with the assessors, who shall, in preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as provided by law for the collection and enforcement of real property taxes in the Village of Westhampton Beach.
In addition to serving the notice provided in § 71-5, the Village Board may, if it determines that the purposes of this chapter will be further effectuated, order that no person other than the owner or its agent shall enter upon the property and shall post on such property signs indicating "No trespassing." Anyone found trespassing in violation of this section shall be liable for a fine not to exceed $100 for each offense.
The Village Board, in its discretion, may elect to apply to the Supreme Court of the State of New York for an order directing that the building or structure be repaired, secured or demolished and removed.
The Village Board may commence a special proceeding pursuant to § 78-b of the General Municipal Law to collect the costs of demolition, including reasonable and necessary legal expenses.
Except as provided in § 71-11, any person or owner found guilty of violating this chapter shall be liable for the penalties set forth in § 20-2006 of the Village Law.
The invalidity of any section, subsection or provision of this chapter shall not invalidate any other section, subsection or provision thereof.