[HISTORY: Adopted by the Council of the City of Rye 10-21-1964 as
Section 5-5.4 of Ch. 5 of the General Ordinances; amended 7-19-1967 by Ord.
No. 2-1967. Amendments noted where applicable.]
The owner of a building or structure shall at all times maintain and
keep the same in a safe condition. Any building or structure which is structurally
unsafe or not provided with adequate egress, or which constitutes a fire hazard
or hazard to safety or health by reason of inadequate maintenance, dilapidation,
abandonment or any other cause, or is otherwise dangerous to human life, is,
for the purpose of this chapter, an unsafe building or structure. A building
or structure or part thereof or any excavation or accumulation of material
that is unsafe, dangerous or hazardous or endangers the health, safety or
welfare of the public in any manner shall be repaired, demolished, removed
or otherwise made safe.
The Building Inspector shall inspect or cause an inspection to be made
of any unsafe condition and shall prepare a report of such inspection.
When it shall be determined by the Building Inspector that a condition
is unsafe, dangerous or hazardous or endangers the health, safety or welfare
of the public in any manner, he shall serve a notice upon the owner and other
persons having any interest in such building or structure, either personally
or by registered mail, addressed to his last known address as shown on the
assessment roll of the City of Rye, containing a description of the premises,
a statement of the particulars in which the building or structure is unsafe,
dangerous or hazardous, an order of the Building Inspector requiring the specified
particulars to be repaired, demolished, removed or otherwise made safe and
the time within which such work shall be commenced and completed. If the service
of the notice is made by registered mail, a copy of such notice shall be posted
on the premises. A copy of such notice or the amended notice, if modified
as hereinafter provided, shall be filed in the office of the Clerk of the
County of Westchester in the same manner as a notice of pendency pursuant
to Article 65 of the Civil Practice Law and Rules, except such notice shall
not be filed if the building or structure is vacated as hereinafter provided.
If the Building Inspector finds that there is an actual and immediate
danger of the failure or collapse of a building or structure so as to endanger
life, the notice shall also require that the building or structure or portion
thereof be vacated forthwith and not reoccupied until the requirements of
the notice are completed. The Building Inspector shall cause to be posted
at each entrance to such building or structure a notice reading as follows:
THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE
DEPARTMENT OF BUILDINGS. Such notice shall remain posted until the requirements
of the notice are completed. It shall be unlawful for any person to remove
such notice without the written permission of the Building Inspector or for
any person to enter the building or structure except for the purpose of complying
with the requirements of the notice.
In cases of emergency which, in the opinion of the Building Inspector,
involve imminent danger to human life or health, he shall promptly cause such
building, structure or portion thereof to be made safe or to be removed. For
this purpose he may immediately enter such building or structure or the abutting
premises with such assistance and at such cost as may be necessary. He may
vacate the building or structure or adjacent premises and protect the public
by appropriate barricades or such other means as may be necessary, and for
this purpose may close a public or private way.
The notice aforementioned shall also contain the time and place at which
a hearing will be granted before the City Manager, to the owner and such other
persons having an interest in the building or structure described in the notice,
at which time and place the owner and such other persons having an interest
in the building or structure shall be afforded the opportunity to be heard
with reference to those particulars contained in the notice. The time of said
hearing shall be specified on a date no sooner than five days after the service
of the notice. If the owner or any person having an interest in the building
or structure submits evidence at such hearing before the City Manager, the
City Manager shall thereafter make a further determination, which shall affirm,
modify or vacate the said notice of the Building Inspector. In the event that
the City Manager shall affirm or modify such notice, notice thereof, which
shall include the time of compliance therewith, shall be served upon those
who appeared at the hearing, and the order to repair, demolish, remove or
otherwise make safe in the notice issued by the Building Inspector shall remain
in full force and effect, subject to those specifications which may be modified
pursuant to this section.
If the owner or such other person having an interest in the building
or structure fails to comply with the requirements of the original notice
or such notice as may be modified by the City Manager within the time required,
the Building Inspector shall cause the building or structure or portion of
the premises to be repaired, demolished, removed or otherwise made safe. The
costs and expenses incurred by the City of Rye in connection with the proceedings
to abate the unsafe, dangerous or hazardous conditions shall become a lien
on the premises where such conditions existed. The amount of such costs and
expenses shall be certified to the City Assessor, who shall assess such amount
upon the said premises, and the same shall be levied, corrected, enforced
and collected in the same manner, by the same proceedings, at the same time,
under the same penalties and having the same lien upon the premises assessed
as the general city tax and as a part thereof. The City of Rye may also bring
a civil action against the owner and such other persons having an interest
in such premises to recover the amount of the aforesaid costs and expenses.
