[HISTORY: Adopted by the Board of Trustees of the Village of Larchmont
12-15-1980 by L.L. No. 5-1980. Amendments noted where applicable.]
It shall be unlawful for any person, firm, corporation or other entity
to remove or cause or permit to be removed or aid or assist in removing any
fire-damaged or structurally damaged building or structure or part thereof
along, over, across or through any street or other public place within the
village without first having obtained the consent of the Board of Trustees.
Other demolition actions require only the normal and customary issuance of
a building permit.
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 building and/or condition and shall prepare a report of such
inspection.
A.
Notice of unsafe condition. 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/she
shall serve a notice upon the owner and other persons having any interest
in such condition, building or structure, either personally or by registered
mail addressed to his last known address as shown on the assessment roll of
the Village of Larchmont, containing a description of the premises; a statement
of the particulars in which the condition, 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.
B.
Building in danger of collapse or other hazard. If the
Building Inspector finds that there is an actual and immediate danger of the
failure, collapse or other unsafe tendency of a building or structure or excavation
relating thereto 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 case of an emergency which, in the opinion of the Building Inspector,
involves imminent danger to human life, he/she shall promptly cause such building,
structure or portion thereof or excavation or accumulation of material to
be made safe or to be removed. For this purpose, he/she may immediately enter
such building or structure or the abutting premises with such assistance and
at such cost as may be necessary. He/she 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 Board of Trustees to the owner and such
other persons having an interest in the building, structure or premises described
in the notice, at which time and place the owner and such other persons having
an interest in the building, structure or premises 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 Board
of Trustees, the Board of Trustees shall thereafter make a further determination
which shall affirm, modify or vacate said notice of the Building Inspector.
In the event that the Board of Trustees 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 chapter.
If the owner or such other persons having an interest in the building
or structure fail to comply with the requirements of the original notice,
or such notice as may be modified by the Board of Trustees 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 Village of Larchmont, including
an allowance of 20% for supervision by the village in connection with the
proceedings to abate the unsafe, dangerous or hazardous conditions shall become
a lien on the premises on which such conditions existed. The amount of such
costs and expenses shall be certified by the Village Engineer to the Village
Assessor, who shall assess such amount upon 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 Village Tax and as a part thereof.
The Village of Larchmont 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.
A.
No building or portion thereof shall be permitted to
remain after total or partial destruction or damage by fire, action of the
elements or any other cause unless all necessary building and/or other permits
are obtained and the reconstruction, restoration or repair of such building
commenced and completed as provided herein.
B.
If the damage is minor damage, as defined herein, a building
permit must be obtained and work must be commenced within 30 days of such
destruction or damage and work fully completed within two months of the date
of the issuance of such building permit.
C.
If the damage is moderate damage, as defined herein,
a building permit must be obtained and work must be commenced within 60 days
and work completed within three months of the date of issuance of such building
permit.
D.
If the damage is major damage, as defined herein, a building
permit must be obtained and work must be commenced within 120 days of such
destruction or damage and work fully completed within one year from the date
of issuance of such building permit.
E.
Determination of damage.
(1)
Definition of quality of damage.
(a)
Damage shall be minor when the value, volume and usability
of the premises is reduced by 25% from that existing immediately prior to
the event causing damage.
(b)
Damage shall be moderate when the value, volume and usability
of the premises is reduced more than 25% and less than 50%.
(c)
Damage shall be major when the value, volume and usability
is reduced 50% or more.
(2)
Such determination as to the nature, degree and quality
of the damage shall be made by the Building Inspector, in writing, within
five days of the occurrence and a copy thereof served on the owner or his/her
agent, also within such five days, by mailing a copy thereof to the last known
address of the owner or agent and by affixing a copy thereof conspicuously
to the premises.
A.
Within 15 days of the date of such determination, such
owner or his/her agent may appeal to the Board of Trustees. Such appeal may
be in writing. The last known address of the owner or agent shall be the address
of the owner unless another address has been registered with the Building
Department.
B.
In case such appeal to the Board of Trustees is taken,
the date from which the time to obtain a building permit and to commence work
shall be 20 days from the receipt by the Board of Trustees of the Building
Inspector's determination.
A.
In a case in which such building permit is not obtained
and/or such work cannot be, or is not, commenced by the date provided for
herein, the Building Inspector, for good cause shown, may grant one extension
of time for a period not exceeding two months. Additional extension of time
thereafter may only be granted by the Board of Trustees pursuant to a request
in writing to them and a public appearance by the owner (or his/her counsel)
at a Village Board meeting, specifically designated to include such appearance
by said owner or counsel. Such appearance shall be on the Village Board meeting
agenda as such.
B.
In a case in which such work has been commenced but cannot be completed within the time provided for herein, the Building Inspector, for good cause shown, may grant one extension of time for a period not exceeding two months. Additional extensions may be permitted only by the Board of Trustees, as provided in Subsection A above.
C.
In its complete discretion, the Board of Trustees may grant such extensions of time in any case in which work has not been commenced or in which work has not been completed by the date provided herein. Such extensions may be in addition to any extensions which may have been granted by the Building Inspector and as are described in Subsection A above.
A.
Any person who shall violate the provisions of this chapter
shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined
in a sum not to exceed $250 or by imprisonment for not more than 15 days,
or both.
[Amended 9-14-1987 by L.L.
No. 4-1987]
B.
In addition to any other penalties, the village may enforce
the provisions of this chapter by application for an injunction or other relief
to the Supreme Court of the State of New York.
C.
After the second conviction for the same type of offense,
the Building Inspector may, after 30 days' notice by certified mail, enter
upon the premises and cause the remains of the partly damaged building to
be demolished, the debris carted away and the land leveled, graded off and
left in a litter-free and debris-free condition, and the costs thereof shall
become a lien against the property and shall be collectible as hereinbefore
provided.
