Village of Montebello, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Montebello 4-11-1988 by L.L. No. 8-1988. Amendments noted where applicable.]
It is the intent of this chapter to provide for a rapid and efficient means of removal or securing or repair of unsafe structures after examination, notice and hearing.
The Building Inspector of the Village of Montebello is hereby authorized to be and shall be the enforcement officer for this chapter. When, in his opinion, he shall deem any structure unsafe or dangerous to the public, he shall cause a further examination thereof to be made by a licensed architect or professional engineer, after approval by the Village Board. Upon concurrence with the Building Inspector's opinion, he shall promptly give notice, as hereinafter provided, of such condition to the owner or occupants thereof and order the repair, removal, securing or demolition of the structure in accordance with this chapter.
A. 
The notice referred to in § 60-2 shall contain at least the following information and such other information as the Building Inspector may determine:
(1) 
The location of the structure, giving the tax lot and block and street address, if any.
(2) 
A brief statement setting forth the particulars in which and the reasons why said structure is deemed unsafe or dangerous.
(3) 
That, in the event that the order set forth in § 60-3B is not complied with within the time specified, the land upon which the structure is located will be assessed for all costs and expenses incurred by the Village of any nature in order to secure compliance with the order, said costs and expenses to be collected in the same manner and time as Village taxes.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
The order shall contain at least the following information:
(1) 
The removal, securing, demolishing or repairing of the structure together with a generalized statement of what is required to accomplish any of the foregoing.
(2) 
The time within which the requirements of § 60-3B(1) shall be completed, which time shall not be less than 10 nor more than 60 days after service of notice and order, which may be extended by the Building Inspector for good cause shown.
The notice and order shall be served by the Building Inspector any one of the following manners:
A. 
By personal service upon the owner of said land as the same is shown on the last complete assessment roll of the Town of Ramapo; or
B. 
By mailing to such owner as shown on the assessment roll, by certified or registered mail, return receipt requested, a copy of said notice and order and by securing or affixing a copy of the same upon the structure.
A. 
Any person affected by the notice and order as set forth in § 60-3 may request, and shall be granted, a hearing before the Zoning Board of Appeals upon payment of the Board's fee, which shall give preference to such application; provided, nevertheless, that any person so affected shall file a verified petition with the Clerk to the Zoning Board of Appeals and the Building Inspector no later than seven days after service of the notice and order.
B. 
The Zoning Board of Appeals shall set a time and place for hearing and give the petitioner seven days' written notice thereof. At the hearing, the petitioner shall be given an opportunity to be heard and to give reasons why the Building Inspector's order should be modified or overruled.
C. 
In the event that the order is not rescinded, the owner of the property shall comply with said order, or as said order may be modified within five days after the filing of the decision of the Zoning Board of Appeals with the Clerk to the Zoning Board of Appeals. A copy of said decision shall be mailed by ordinary mail.
The petition shall contain the following information under oath:
A. 
The name and address of the true owner of the property.
B. 
The reasons for the request of the hearing.
C. 
Supporting documentation from a licensed architect or engineer, setting forth the grounds upon which the notice and order described in § 60-3 should be overruled or modified.
D. 
The name and address of the owner or his personal representative upon whom service of all other papers, including the decision, may be made.
E. 
Such other information as may be relevant to the petitioner's case.
A. 
If the Building Inspector determines that there is actual or immediate danger of failure or collapse of the structure or for any other reason determines that use or occupancy will endanger life or limb of the occupants, he shall require the building or structure or portion thereof to be vacated forthwith, by posting at each entrance of said building or structure a notice stating "This building is unsafe, and use or occupancy is hereby prohibited by the Building Inspector."
B. 
Any person, firm or corporation or agents who shall fail to comply with said order or who shall remove said notice without the consent of the Building Inspector shall be guilty of a Class 4 violation as set forth in the schedule of penalties of the Village of Montebello.[1]
[1]
Editor's Note: See Ch. 1, General Provisions, Art. I, General Penalty.
In the event that said owner or any party in interest fails to demolish, repair, remove or secure the structure as directed in the order and notice of the Building Inspector within the time indicated thereon, or as the same may be modified by the Zoning Board of Appeals, the Village of Montebello may at any time thereafter enter upon the lands and property and cause the building or structure to be repaired, demolished, removed or secured, and all costs and expenses incurred therewith by the Village shall forthwith become a lien upon and against the property or premises so affected and collected as described in § 60-3A(3). No demolition shall take place without the express approval of the Village Board.
Any person violating any section of this chapter, except § 60-7B, shall be guilty of a Class 3 violation as defined in the schedule of penalties of the Village of Montebello.[1] The remedies contained within this chapter shall further not be exclusive, but shall be in addition to any other remedy provided by law, nor shall the invoking of any remedy or procedure contained within this chapter bar the pursuit of any and all other remedies, and the same are intended to be cumulative.
[1]
Editor's Note: See Ch. 1, General Provisions, Art. I, General Penalty.
Each week or any portion thereof during which a violation of this chapter shall exist shall constitute a separate and distinct Class 3 violation as defined in the schedule of penalties of the Village of Montebello.[1]
[1]
Editor's Note: See Ch. 1, General Provisions, Art. I, General Penalty.
This chapter supersedes, and is in derogation of, Chapter 145 of the Code of the Town of Ramapo, County of Rockland, State of New York. This chapter is enacted by authority of § 20, Subdivision 5, of the Municipal Home Rule Law and any other law referenced herein as authority herefor.