The purpose of this chapter is to require the
repairing, vacating, removal or the demolition of unsafe, abandoned,
vacant, dangerous or collapsed buildings or structures in order to
protect and safeguard the lives of the people and especially the children
of the Village of Lake Grove, who very often find such vacant and
abandoned buildings and structures a dangerous place to play.
All buildings or structures, whether business,
industrial or residential, which have any of the following defects
shall be deemed unsafe or dangerous buildings:
A. Those whose interior walls or other vertical structural
members list, lean or buckle to such an extent that a plumb line passing
through the center of gravity falls outside of the middle third of
its space.
B. Those which, exclusive of the foundation, show 331/3%
or more of damage or deterioration of the supporting member or members,
or 50% or more of damage or deterioration of the nonsupporting enclosing
or outside walls or covering.
C. Those which have improperly distributed loads upon
the floors or roofs or in which the same are overloaded, or which
have insufficient strength to be reasonably safe for the purposes
used.
D. Those which have been damaged by fire, wind or other
causes so as to have become dangerous to life, safety, morals or the
general health and welfare of the occupants or the people of the Village
of Lake Grove.
E. Those which have become or are so dilapidated, decayed,
unsafe or unsanitary, or which are likely to cause such sickness or
disease as to work injury to the health, morals, safety or general
welfare of the occupants thereof or the people of the Village of Lake
Grove.
F. Those having light, air and sanitation facilities
which are inadequate to protect the health, morals, safety or general
welfare of the occupants or other persons who live or may live therein
or of those persons who may enter therein or of the people of the
Village of Lake Grove.
G. Those having inadequate facilities for egress in case
of fire or panic, or those having insufficient stairways, elevators,
fire escapes or other means of escape.
H. Those which have parts thereof which are so attached
that they may fail and injure members of the public or property.
I. Those which, from any cause whatsoever, may be or
may hereafter become dangerous or unsafe to the health, morals, safety
or general welfare of the public.
J. Those buildings existing in violation of any provision
of this chapter or any other ordinance or local law of the village,
County of Suffolk or any statute of the State of New York.
K. Those buildings or structures which remain vacant
and unattended continuously for a period of three years.
The following standards shall be followed in
substance by the Building Inspector in ordering repair, vacation or
demolition:
A. If the dangerous or unsafe building can reasonably
be repaired so that it will no longer exist in violation of the provisions
of this chapter, it shall be ordered repaired.
B. If the dangerous or unsafe building is in such condition
as to make it dangerous to the health, morals, safety or general welfare
of the occupants or the public, it shall be ordered to be vacated.
C. If the dangerous or unsafe building is damaged or
decayed or deteriorated from its original value or structure to an
extent of 50% of its structure, it shall be demolished; and in all
cases where a building cannot be repaired so that it will no longer
exist in violation of the provisions of this chapter, it shall be
demolished. In all other cases where a dangerous or unsafe building
is a fire hazard existing or erected in violation of the provisions
of this chapter or any other local law or ordinance of the Village
of Lake Grove, County of Suffolk or any statute of the State of New
York, it shall be demolished.
All dangerous or unsafe buildings and all collapsed
structures, as hereinbefore described, are hereby declared to be public
nuisances and shall be repaired, vacated or demolished as herein provided.
The Building Inspector of the Village of Lake
Grove shall:
A. Inspect any and all buildings, walls or structures
known or believed by him, or reported to him by the Fire or Police
Department or by any other persons, to be existing in violation of
the provisions of this chapter.
B. Serve written notice on 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 the property, either
personally or by registered mail addressed to the last known address,
if any, of said owner or some one of the owner's executors, legal
representatives, agents, lessees or other person having a vested or
contingent interest in said property, as shown by the records of the
Receiver of Taxes of the Village of Lake Grove and/or in the office
of the County Clerk or County Registrar of Suffolk County, and said
notice shall contain:
(1) A description of the premises.
(2) A statement of the particulars in which the building
or structure is unsafe or dangerous.
(3) An order requiring the same to be made safe and secure
or removed within 30 days after service of the notice.
Any person so served with such notice shall
commence the securing or removal of the building or structure within
a reasonable time, not exceeding 30 days, after such service, and
the same shall be completed within 60 days after such service.
If the provisions of any of the forgoing sections
are not complied with, the Building Inspector or Code Enforcement
Officer shall serve written notice, either personally or by mail,
upon the owner, lessee or occupant or any persons having the care
or control of any building or structure, to comply with the provisions
of this chapter. If the person upon whom the notice is served fails,
neglects or refuses to secure, board up or remove such building or
structure within 10 days after such notice is given or if no person
can be found who either is or claims to be the owner of such building
or structure, the Building Inspector or Code Enforcement Officer may
cause such building or structure to be secured, boarded up or removed
and the cost shall be added to and become and form part of the taxes
next to be assessed and levied upon such lot or land and shall bear
interest at the same rate as taxes and shall be collected and enforced
by the same officers and in the same manner as taxes.
In cases where it reasonably appears that there
is immediate danger to the life or safety of any persons unless a
dangerous or unsafe building as described herein is immediately repaired,
vacated or demolished, the Building Inspector shall report such facts
to the Village Board and the Board shall cause the immediate repair,
vacation or demolition of such dangerous or unsafe building. The Building
Inspector, the Village Engineer and the practical builder, engineer
or architect employed by the village may enter such structure or land
on which it stands or the abutting land or structure with such assistants
and at such cost as may be necessary. They may vacate adjacent structures
and protect the public by appropriate barricades or such other means
as may be necessary, and for this purpose only may temporarily close
a public or private road, highway or street, as authorized by the
Village Board.
No officer, agent or employee of the Village
of Lake Grove shall render himself personally liable for any damage
that may accrue to persons or property as a result of any act required
or committed in the discharge of his duties under this chapter. Any
action or lawsuit brought against any such officer, agent or employee
of the Village of Lake Grove resulting from any act required or permitted
in the discharge of his duties under this chapter shall be defended
by the Attorney for the village until the final determination of the
proceeding therein.
[Amended 2-4-1999 by L.L. No. 1-1999; 3-21-2024 by L.L. No. 5-2024]
Any person, corporation, firm, partnership, limited-liability company, trust, trustee, estate, estate fiduciary or representative or other entity who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in §
1-14 of the Code of the Village of Lake Grove.