As used in this chapter, the following terms
shall have the meanings indicated:
DANGEROUS BUILDING
Any building or structure which has one or more of the following
defects:
A.
A building whose walls or other vertical structural
members list, lean or buckle to such an extent that a plumb line passing
through the center of gravity of such wall or vertical member falls
outside the middle third of its base.
B.
A building which has been so damaged or has
so deteriorated as to become, in the judgment of the Village Board,
dangerous to the life, health, morals or general welfare of the people
of the village.
C.
A building or structure which, exclusive of
the foundation, shows a damage to or deterioration of the supporting
members of 33 1/3% or a damage to or deterioration of nonsupporting
outside walls or enclosure of 50%.
D.
A building which has improperly distributed
loads on the floor or roof or in which the same are overloaded or
have insufficient strength to be reasonably safe for the purpose used.
E.
A building which is so damaged or dilapidated
that it or parts of it may fall and cause injury to persons or property.
F.
A building existing in violation of any Building
or Zoning Ordinance or any provision of the Fire Prevention Ordinance
of the village.
If a dangerous building can reasonably be repaired
so that it will no longer be a violation, it shall be ordered repaired.
If it cannot be so repaired, it shall be ordered removed.
The Superintendent of Buildings shall:
A. Inspect all buildings, walls or structures in the
village to determine whether any condition exists which may render
it a dangerous building.
B. Notify in writing the owner and occupants of any dangerous building that said owner and occupant must complete the repair or removal of said building within a reasonable time, to be fixed by such notice as hereinafter set forth in §
41-4D.
C. Set forth in such notice a description of the building,
structure or parts thereof deemed to violate this chapter; a statement
of the particulars in which said building, structure or parts thereof
violate this chapter and that such defect be cured or the building
be removed.
D. Report to the Village Board any noncompliance with
notices issued.
E. Appear and testify before the Village Board as to
the conditions of the dangerous building.
F. Institute such proceedings as directed by the Board
of Trustees to bring about repair or removal of such dangerous building.
[Amended 8-19-1992 by L.L. No. 4-1992]
G. Firmly affix a notice in a conspicuous place in front
of such dangerous building, reading as follows: "This building has
been found to be a dangerous building by the Board of Trustees of
the Village of Manorhaven. This notice is to remain on this building
until it is repaired or removed or made to comply with the direction
which has been given the owner and occupant. It is unlawful to remove
this notice until such direction is complied with."
All notices or orders required to be given hereunder
shall be sent by registered mail to any interested person at his last
known address, as shown by the current assessment roll, and a copy
of such notice or order shall be posted in a conspicuous place on
the front of said dangerous building.
No officer, agent or employee of the village
shall be personally liable for any damage that may accrue to persons
or property as a result of any act required or permitted in the discharge
of his duties under this chapter, and any suit brought against such
officer, agent or employee shall be defended by Village Counsel until
final determination, and the village will bear all the expense of
investigation, defense, settlement and satisfaction of such claims.
Any person deeming himself aggrieved by any
order or direction of the Village Board may have the determination
reviewed by the Supreme Court in the manner prescribed in Article
78 of the Civil Practice Law and Rules.
[Amended 6-22-1966; 11-20-1991 by L.L. No. 3-1991; 1-22-1997 by L.L. No. 1-1997]
For any and every violation of any provision
of this chapter, the owner, general agent or contractor of a building
or premises where such violation has been committed or shall exist,
and the lessee or tenant of an entire building or entire premises
where such violation has been committed or shall exist, and the owner,
general agent, contractor, lessee or tenant of any part of a building
or premises in which part such violation has been committed or shall
exist, and the general agent, architect, builder, contractor or any
other person who knowingly commits, takes part, allows or assists
in any such violation or who maintains any building or premises in
which any such violation shall exist, shall be guilty of a violation
against this chapter, punishable by a fine not exceeding $1,000 or
imprisonment for a period not to exceed 15 days, or both, for conviction
of a first offense; for conviction of a second offense, both of which
were committed within a period of five years, punishable by a fine
of not less than $1,000 nor more than $2,000 or imprisonment for a
period not to exceed 15 days, or both; and upon conviction of a third
or subsequent offense, all of which were committed within a period
of five years, punishable by a fine of not less than $2,000 nor more
than $3,000 or imprisonment for a period not to exceed 15 days, or
both. Each week's continued violation shall constitute a separate
additional violation.