[HISTORY: Adopted by the Board of Trustees of the Village of East
Hampton 5-14-1954 by Ord. No. XVII of
the General Village Ordinances (Ch. 9 of the 1971 Code). Amendments noted
where applicable.]
The Board of Trustees may, upon its own motion or upon complaint of
an interested party, provide for the removal or the repair of buildings or
structures in commercial, industrial and residential districts (zones) that,
from any cause, may now be or shall hereafter become dangerous or unsafe to
the public, as follows:
A.
The Board of Trustees shall duly appoint an official
of the Village to inspect the premises and report thereon to the said Board
of Trustees within a reasonable time but in any event not later than the next
regular meeting of said Board of Trustees.
B.
Upon the receipt of said report and upon a finding by
the Board of Trustees that the premises are dangerous or unsafe to the public,
the Village Clerk may be directed to arrange for the service of notice upon
the owner or some one of the owner's executors, legal representatives, agents,
lessees or any other person having a vested or contingent interest in said
premises, either personally or by registered mail, addressed to the last known
address, if any, of the owner or some one of the owner's executors, legal
representatives, agents, lessees or other person having a vested or contingent
interest in said premises, as shown by the records of the Receiver of Taxes
and/or in the office of the County Clerk, containing:
(1)
A description of the premises;
(2)
A statement of the particulars in which the building
or structure is unsafe or dangerous, and an order requiring same to be made
safe and secure or removed, the securing or the removal of said building or
structure to be commenced within a reasonable time but in no event later than
30 days from the date of service of notice as hereinbefore provided;
(3)
A statement that in the event of neglect or refusal of
the person served with said notice to comply with same, a survey shall be
made by an official of the Village and a practical builder, engineer or architect,
therein designated by the Board of Trustees, and a practical builder, engineer
or architect appointed by the person notified, and in event of refusal or
neglect of person so notified to appoint such surveyor, the two surveyors
named shall make the said survey and report to the Board of Trustees within
a reasonable time but in any event not later than the next regular meeting
of the Board of Trustees;
(4)
A statement that in the event the building or other structure
shall be reported unsafe or dangerous under such survey, a signed copy of
which shall be posted on said building or structure, an application will be
made on behalf of the Village at a Special Term of the Supreme Court in the
judicial district in which the property is located, not less than five nor
more than 10 days thereafter, for an order determining the building or structure
to be a public nuisance and directing that it shall be repaired and secured
or taken down and removed. If such service be made by registered mail, a copy
of such notice shall be posted on the premises.
The Board of Trustees shall make such provisions as may be necessary for the reasonable compensation of surveyors designated as hereinbefore provided in § 87-1B(3) hereof.
All costs and expenses incurred by the Village in connection with the
proceedings to remove or secure, including the cost of actually removing,
said building or structure, shall be assessed against the land on which said
building or structure is located.
