[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.
