[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 29-2009. Amendments noted where applicable.]
Building construction — See Ch. 49.
Building occupancy — See Ch. 50.
Fire prevention — See Ch. 81.
Property maintenance — See Ch. 130.
Zoning — See Ch. 183.
Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State.
Unsafe buildings pose a threat to life and property in the Village of Amityville. 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. 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 Amityville by requiring that such unsafe buildings be secured, repaired or demolished and removed.
As used in this chapter, the following terms shall have the meanings indicated:
- Any building, structure or portion thereof used for residential, business or industrial purposes.
- CODE ENFORCEMENT OFFICER
- The Code Enforcement Officer of the Village of Amityville or such other person appointed by the Village to enforce the provisions of this chapter.
The Code Enforcement Officer shall cause or make an inspection and report in writing to the Board of Trustees his findings and recommendations in regard to a building which needs to be secured, repaired or demolished and removed, when in his own opinion, or upon receipt of information that, it:
Is or may become dangerous or unsafe to the general public;
Is open at the doorways and windows making it accessible to and an object of attraction to minors under 18 years of age, as well as to vagrants and other trespassers;
Is or may become a place of rodent infestation;
Presents any other danger to the health, safety, morals and general welfare of the public; or
Is unfit for the purposes for which it may lawfully be used.
The Board of Trustees shall thereafter consider such report and by resolution determine, if in its opinion the report so warrants, that such building is unsafe and dangerous, and order that it be secured and boarded up or repaired, if this can be safely done, or that it be demolished and removed, and further order that notice be served upon the persons and in the manner provided herein.
The notice shall contain the following:
A description of the premises.
A statement of the particulars in which the building is unsafe or dangerous.
An order outlining the manner in which the building is to be made safe and secure or demolished and removed.
A statement that the securing or removal of such building shall commence within 10 days of the service of the notice and shall be completed within 60 days thereafter, unless, for good cause shown, such time shall be extended, or for a shorter period of time if necessary to protect the life, safety or health of any person or property.
A statement that in the event of neglect or refusal of the person served with the notice to comply with the same, the Board of Trustees may authorize the removal or securing of said building or structure, and assess the costs and expenses of securing or removing the same against the land on which it is located.
Said notice shall also specify a time and place for a hearing before the Board of Trustees to determine whether or not any building or structure should be removed from or secured upon the premises.
Said notice shall be filed in the office of the Suffolk County Clerk in the same manner as a notice of pendency of action and shall have the same effect thereof.
[Amended 3-8-2010 by L.L. No. 2-2010]
Said notice shall be served by personal service of a copy thereof upon the owner of record, or his personal representative; or, if no such person can be reasonably found, by mailing such owner a copy of such notice directed to his last known address by certified mail, and by personal service of a copy of such notice upon any adult person residing in or occupying said premises if such person can be reasonably found; and by securely affixing a copy of such notice upon the unsafe building.
A copy of the proof of service of said notice, as provided herein, shall be filed in the office of the Suffolk County Clerk.
The Board of Trustees shall conduct a public hearing at the time and place specified in such notice. The owner, the occupant and any other interested persons shall have a right to be heard. The Code Enforcement Officer and any surveyor or engineer appointed by the Board of Trustees shall submit testimony and/or documentary evidence as to whether the building or structure is unsafe. The Board of Trustees shall consider all competent and relevant evidence and make a determination as to whether such building or structure is unsafe and whether it should be secured, repaired, demolished or removed. The owner and any occupant shall receive written notice of such determination and any resulting order.
In the event of the refusal or neglect of the person so notified to comply with said order of the Board of Trustees within 10 days, the Board of Trustees shall direct that such building or structure be secured, repaired or demolished and removed, either by Village employees or by contract.
Except in an emergency, any contract for demolition and removal of a building in excess of $20,000 shall be awarded through competitive bidding.
[Amended 3-8-2010 by L.L. No. 2-2010]
After the building or other structure has been taken down and removed or has been repaired and secured, the Board of Trustees shall assess all costs and expenses incurred by the Village in connection with the proceedings to remove or secure, including the cost of actually removing the building or other structure, and the Board of Trustees shall levy such assessment against the land on which the building or other structure is or was located. The levy of such assessment, as of the date of such levy, shall constitute a lien and charge on said land until paid and shall be collected by the Village Treasurer in the manner provided by law for the collection of delinquent taxes. Such assessment, from the date of its levy, shall bear interest at the annual rate of 9%.
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property, unless an unsafe building is immediately repaired and secured or demolished, the Board of Trustees may, by resolution, authorize the Code Enforcement Officer to immediately cause the repair or demolition of such unsafe building. The expense of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 51-10 hereof.
A surveyor or engineer may be appointed to determine if a building or structure is unsafe, and he shall be paid reasonable compensation as shall be fixed by the Board of Trustees.