Village of Elmsford, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Elmsford 12-12-1949; repealed and reenacted in the same form 7-10-2006 by L.L. No. 4-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 109.
Certain words, when used in this chapter, unless otherwise expressly stated or unless the contents or subject matter otherwise require, are defined as follows:
BOARD OF TRUSTEES
The Board of Trustees of the Village of Elmsford.
BUILDING AND/OR WALL AND/OR STRUCTURE
Any building, wall or structure located within the incorporated area of the Village of Elmsford, whether or not the same be situate in a business, industrial, residential or other section of said Village of Elmsford.
BUILDING INSPECTOR
The Building Inspector of the Village of Elmsford.
DANGEROUS AND/OR UNSAFE BUILDINGS, WALLS OR STRUCTURES
Includes buildings structurally unsafe, unstable or unsanitary; inadequately provided with exit facilities; constituting a fire hazard; otherwise dangerous to life or property; unsuitable or improper for the use or occupancy to which it is put; constituting a hazard to health or safety because of inadequate maintenance, dilapidation, obsolescence, decay, deterioration or abandonment; a nuisance; having parts which are so attached that they may fall and injure members of the public, or public or private property; and those buildings, walls or structures existing in violation of any provision of Chapter 109, Building Construction and Fire Prevention, Article I, Building Code, of the Village of Elmsford or of any other ordinance of the Village of Elmsford.
VILLAGE
The Village of Elmsford.
Any building, wall or structure or any part of a building, wall or structure that from any cause is or shall become dangerous or unsafe shall be taken down and removed or made safe and secure in compliance with the provisions of this chapter.
The Building Inspector of the Village of Elmsford shall report to the Board of Trustees of the Village of Elmsford any building, wall or structure about which he has received or shall hereafter receive a complaint, and shall report all dangerous or unsafe buildings, walls or structures in the Village of which he has knowledge or shall hereafter acquire knowledge, and which he believes in any way violate the provisions and terms of this chapter.
Upon receiving such report, the Board of Trustees of the Village shall appoint an official to make an inspection of such building, wall or structure and to make a written report thereon to the Board of Trustees.
Upon receipt of such report, the Board of Trustees shall direct the Building Inspector to serve or cause to be served 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 such premises upon which there is located such dangerous or unsafe building, wall or structure, a notice containing a description of the premises sufficient for identification, 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. Such notice shall be served 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 the same, as shown by the records of the Receiver of Taxes and/or in the office of the County Clerk or County Register, and if such service be made by registered mail, a copy of such notice shall be posted on the said premises. Such notice shall further specify the time within which the person served therewith must commence the securing or removal of such building, wall or structure.
In the event of the neglect or refusal of the person served with the notice required by § 117-5 hereof to comply with the same, the Board of Trustees shall cause a survey of such building, wall or structure to be made by an official of the Village and a practical builder, engineer or architect to be named by the Board of Trustees. The Board of Trustees shall direct the Building Inspector to cause a further notice to be served on the person described in § 117-5 thereof, stating that the Board of Trustees has appointed an official of the Village and a practical builder, engineer or architect to make a survey of the building, wall or structure in question, and shall direct said person so served to appoint a practical builder, engineer or architect as a third surveyor. Such notice shall further state, that in the event that the building, wall or structure shall be reported unsafe or dangerous under such survey, an application will be made at 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, wall or other structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed. In the event of the refusal or neglect of the person so served as specified herein to appoint such surveyor, the two surveyors named shall make the survey, and such survey and report shall be in writing and in duplicate, and a signed copy thereof shall be posted by the Building Inspector of the Village of Elmsford on the building, structure or wall which is the subject matter of the report.
Each of the surveyors appointed, as provided in § 117-6, shall receive a fee or compensation to be fixed by the Board of Trustees, the same to be not less than $5 or more than $50, for making such survey and report, which fee or compensation shall be a Village charge.
If the surveyors appointed as herein set forth report such building, wall or other structure unsafe or dangerous, the Board of Trustees shall cause an application to be made on behalf of the Village, at a special term of the Supreme Court in the judicial district, for an order determining the building, wall or other structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed.
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, wall or structure, shall be assessed against the land on which said buildings, walls or structures are located, and shall be and become a lien on said land as of the date of such assessment. The lien of the Village for such costs and expense shall have priority over other liens and encumbrances, except the liens of taxes and assessments, which would constitute a prior lien or liens under the provisions of the Village law.
The remedies of the Village of Elmsford, as herein set forth, shall not be exclusive, but the Village shall have any other and further remedy at law or otherwise, by injunction or otherwise, now existing under the laws of the State of New York, and any and all such remedies shall be deemed cumulative, and the pursuit of any remedy shall not be construed as an election or the waiver of the right to pursue any and all others.
[Amended 11-6-2000 by L.L. No. 7-2000; 7-10-2006 by L.L. No. 4-2006]
It shall be unlawful for any person, firm or corporation to knowingly maintain or cause to be maintained, or to knowingly allow or permit any other person, firm, or corporation, as agent, lessee or otherwise, to maintain any dangerous building, wall or structure, as herein defined, and any owner, occupant, lessee or other person or other corporation who shall knowingly maintain or cause to be maintained or knowingly allow or permit to be maintained any such dangerous building, wall or structure, and who shall fail to comply with any order or any provision of any order of the Supreme Court of the State of New York obtained as herein set forth, directing that such unsafe building, wall or structure be repaired and secured or taken down and removed, or who shall violate any of the provisions of this chapter, shall upon conviction thereof be fined a sum not exceeding $1,000 for each violation thereof. Each and every day such failure to comply continues beyond the date fixed for such compliance by an order of the Supreme Court of the State of New York, obtained as herein set forth, shall constitute a separate violation and offense. An adjudication by the Supreme Court of the State of New York determining that any building, wall or structure is dangerous and/or unsafe and a public nuisance, and directing that it shall be repaired and secured or taken down and removed, shall be conclusive evidence of the fact of the existence of such dangerous or unsafe building, wall or structure.
[Amended 11-6-2000 by L.L. No. 7-2000; 7-10-2006 by L.L. No. 4-2006]
Any person removing any notice provided for herein shall be guilty of a violation of this chapter and upon conviction thereof shall be fined a sum not exceeding $1,000 for each violation thereof.