The following remedies shall be applied in substance by the Superintendent of the Building Department and the Village Board in ordering removal or repair:
A. 
If the dangerous building or substandard building can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be ordered repaired. In all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this chapter it shall be ordered removed.
B. 
In all cases where a dangerous building or substandard building is a fire hazard existing or erected in violation of any ordinance of this Village or statute of the State of New York, it shall be ordered removed unless such hazard or violation can be cured, in which event the building shall be ordered repaired.
C. 
Any structures or part of a structure or premises that from any cause may at any time become dangerous or unsafe structurally or as a fire hazard shall be repaired and secured or taken down and removed. A vacant building unguarded or open at door or window shall be deemed dangerous or unsafe as a fire hazard within the meaning of this chapter.
A. 
All dangerous buildings within the terms of § 83-5 of this chapter are hereby declared to be public nuisances and shall be repaired or removed as herein provided.
B. 
All substandard buildings within the terms of § 83-6 are hereby declared to be unsafe and dangerous to the public and to be public nuisances and shall be repaired or removed, as herein provided, or otherwise made to comply with the standards set forth in this chapter.
The Superintendent of the Building Department shall:
A. 
Inspect on his own initiative or request any building in the Village for the purpose of determining whether any conditions exist therein which render such places a dangerous building, within the terms of this chapter, and whether any condition exists therein not in compliance with the standards of this chapter.
B. 
Notify in writing the owner of any building found by him to be a dangerous building within the standards set forth in Article IV of this chapter and of any building found by him not conforming to the standards set forth in Article IV hereof that he must repair or remove said building in accordance with the terms of the notice and this chapter, or otherwise comply with the standards set forth in this chapter, within a reasonable time to be fixed by said notice.
C. 
Set forth in the notice provided for in Subsection B hereof a description of the building or structure, or parts thereof, deemed to violate the provisions of this chapter, a statement of the particulars in which the building is dangerous or fails to comply with the standards set forth in Article IV and a direction requiring compliance with the standards set forth in this chapter, or that the building or structure be put in such condition as to comply with the terms of this chapter, or that said building or structure be removed.
D. 
Report to the Village Board any noncompliance with the notice provided for in Subsections B and C.
E. 
Appear at all hearings conducted by the Village Board and testify as to the condition of the dangerous building and/or substandard building.
F. 
With the assistance of the Village Counsel, do such acts and take such proceedings as may be required to bring about the repair or removal of buildings as ordered by the Village Board, and take such steps as may be required by the appropriate provisions of law, to cause the removal or repair of any building which is dangerous or unsafe to the public and to cause the assessment of all costs and expenses incidental thereto, against the land on which said buildings are located.
G. 
Firmly affix a notice in a conspicuous place in front of all dangerous buildings and substandard buildings immediately after the issuance of the order provided in Subsection D of § 83-16 of Article VIII of this chapter as follows:
(1) 
Where the building is a substandard building such notice shall read as follows:
"This building has been found to be a substandard building by the Board of Trustees of the Village of Westbury. 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. It is unlawful to remove this notice until such direction is complied with."
(2) 
Where the building is a dangerous building such notice shall read as follows:
"This building has been found to be a dangerous building by the Board of Trustees of the Village of Westbury. 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. It is unlawful to remove this notice until such direction has been complied with."
The Village Board shall:
A. 
Upon receipt of a report of the Superintendent of the Building Department as provided for in § 83-15, Subsection D, hereof, give written notice to the persons interested in said building to appear before them on a certain date, within 15 days of the date of the notice, to show cause why compliance with the standards set forth in this chapter should not be made, or why the building or structure reported to be a dangerous building should not be repaired or removed, or why the building reported to be a substandard building should not be repaired or removed, in accordance with a statement of particulars set forth in the Superintendent of the Building Department's notice provided for by § 83-15, Subsections B and C, of this chapter.
B. 
Hold a hearing and hear such testimony as the persons interested in said building may offer relative to the dangerous building or substandard building.
C. 
Make a written finding of facts as to whether or not the building in question is a dangerous building within the meaning of Article IV, § 83-5 hereof, or a substandard building within the meaning of Article IV, § 83-6 hereof.
D. 
Issue an order commanding the persons interested in said building to repair or remove any building found to be a dangerous building within the terms of this chapter, or to repair or remove any building found to be a substandard building within the terms of this chapter, or to comply with the standards set forth in this chapter: Such order shall fix the time when compliance therewith shall commence, not more than 10 days after the making thereof, and shall fix a reasonable time within which such compliance shall be completed. The Village Board may, in its discretion, and upon good cause shown, extend the time for full compliance with said order.
E. 
If the owner fails to comply with the order provided for in Subsection D hereof, or any extension thereof, the Village Board may direct the Superintendent of the Building Department to cause such dangerous building or structure to be repaired, or removed, or to cause such substandard building or structure to be repaired or removed as the facts may warrant under the standards hereinbefore set forth, provided that before proceeding to repair or to remove, or cause the repair or removal, of any dangerous or unsafe building, the Superintendent of the Building Department may, with the advice and assistance of the Village Counsel, proceed in accordance with the provisions of § 4-412 of the Village Law, institute appropriate proceedings before a court of competent jurisdiction to obtain an order or judgment directing or authorizing such repair or removal. The Superintendent of the Building Department shall, with the assistance of the Village Counsel, take such legal action as may be necessary to cause the costs of such repair or removal and all costs and expenses incurred by the Village in connection with said proceedings to be charged against the land on which the building stands or did stand as a municipal lien or cause such costs to be added to the tax duplicate as an assessment or to be levied as a special tax against the land upon which the building stands or did stand. The lien of the Village or any expense incurred in respect to the repair or removal of any dangerous building shall have priority over all other liens and encumbrances except taxes, assessments and water rates. Except with respect to the lien imposed for expenses incurred in respect to the repair or removal of any dangerous building, nothing herein contained shall be construed as placing upon the property a lien which supersedes or is superior to the lien of any mortgage in respect to any building and property executed and recorded prior to the existence of such lien.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Report to the Village Counsel the names of all persons not complying with the order provided for in Subsection D hereof.
G. 
The Village Board may in the first instance and without service of any notice to the persons interested in any building which they have reason to believe may be a dangerous building or a substandard building, to appear before them on a certain date within 15 days from the date of such notice to show cause why the building or structure specified in such notice should not be repaired or removed or otherwise made to comply with the provisions of this chapter. Such notice shall contain the same particulars as are required by Article VI, § 83-15C of this chapter. Upon the return day of said notice the Village Board shall thereupon proceed in the same manner as prescribed in Subsections B, C, D, E and F of this section.
H. 
The Village Board may from time to time and upon due notice vacate, modify or amend any order made by it as herein provided and may on its own motion, or upon the motion of any person interested, reopen any proceedings in which it has made an order for the purpose of taking further testimony and, upon such rehearing, render any decision and make any order consistent with the provisions of this chapter that it shall deem just and equitable.