[HISTORY: Adopted by the Board of Trustees
of the Village of Baxter Estates 11-2-1993 by L.L. No. 2-1993;
amended in its entirety 9-19-2005 by L.L. No. 1-2005. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 144.
[Amended 3-7-2019 by L.L.
No. 1-2019]
The Board of Trustees, upon notification that
a building or structure or property, from any cause, may now be or
shall become dangerous or unsafe to the public, shall direct the Superintendent
of Buildings, or such other official of the Village of Baxter Estates
as may be designated by the Board of Trustees, to inspect such property,
building or structure and report his findings concerning the same
to the Board of Trustees of the Village of Baxter Estates.
If, upon reviewing the report prepared in accordance with § 80-1, the Board of Trustees shall find that the building or structure or property, from any cause, may be or shall become dangerous or unsafe to the public, it may make an order directing notice to be served on the owner or some one of the owner's executors, legal representatives, agents or lessees or any other person having a vested or contingent interest in such property or in the premises where such building or structure is located, as shown by the records of the Village Assessor or the Receiver of Taxes and/or in the office of the County Clerk or County Register.
[Amended 3-7-2019 by L.L.
No. 1-2019]
A.
In any case where, in the opinion of the Superintendent
of Buildings, there is a clear and imminent danger to life or property
due to an unsafe or hazardous condition in or on a building, structure
or property in the Village, he shall immediately take such action
as is necessary to safeguard such life and property.
B.
In the performance of this duty, the Superintendent
of Buildings may:
(1)
Cause temporary repairs to be made, safeguards to
be installed and barriers to be erected.
(2)
Order some or all of the occupants of the building,
structure, or property where such unsafe or hazardous condition is
found to exist to vacate the same forthwith.
(3)
Prohibit further occupancy of such building, structure
or property until the condition thereof is rendered safe for such
occupancy.
(4)
Temporarily close and cause to be vacated sidewalks,
streets, buildings, structures and properties which adjoin the building,
structure or property where the hazardous or unsafe condition is found
to exist.
(5)
Employ, on behalf of the Village, such labor, equipment
and material as may be necessary to achieve the foregoing.
[Amended 3-7-2019 by L.L.
No. 1-2019]
Notice of the unsafe or hazardous conditions
and any action proposed or taken with respect thereto shall, at the
earliest opportunity, be given by the Superintendent of Buildings
or such other official of the Village as may be designated by the
Board of Trustees to the last owner of record of the real property
involved at the address given for such owner on the last deed of record
in the Nassau County Clerk's office, to be served either personally
or by registered mail, return receipt requested, provided that if
service is made by registered mail, a copy of the notice shall be
posted on the property or upon the premises where the building or
structure is located.
Such notice shall contain a description of the
premises, a statement of the particulars in which the building or
structure or property is unsafe or dangerous and an order requiring
the same to be made safe and secure or removed. The notice shall specify
a reasonable time after the service thereof, within which the person
served with such notice may commence the securing or removal of the
buildings or structures or property, as specified in said notice.
The notice shall state that in the event that the building or other
structure or property shall be reported unsafe or dangerous under
a survey to be made, as hereinafter provided, an application will
be made, at a special term of the Supreme Court in the judicial district
in which the property is located, for an order determining the building
or structure or condition at the property, as applicable, to be a
public nuisance and directing that it be repaired and secured or taken
down and removed or otherwise rendered safe.
In the event of the neglect or refusal of the
person served with the notice to comply with the same, the Board of
Trustees shall cause a survey and report to be made by an official
of the Village and a practical builder, engineer or architect to be
named by the Board of Trustees.
In the event the building or other structure
shall be reported unsafe or dangerous under such survey, an application
shall be made 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 other structure to be a public nuisance and directing that it shall
be repaired and secured or taken down and removed.
[Amended 3-7-2019 by L.L.
No. 1-2019]
Any and all costs and expenses incurred by the
Village in connection with the proceedings set forth in this chapter,
including, without limitation, legal and engineering fees, costs and
expenses, and the cost of removing or remediating the building, structure
or other condition, shall be assessed against the real property where
the unsafe or hazardous condition is found to exist. The amount of
such costs and expenses shall be audited and the assessment determined
by the Board of Trustees, after providing the owner of the affected
premises with an opportunity to be heard, as described below. The
assessment shall be reported to the Village Treasurer as an amount
to be levied and assessed against the real property. Said assessment
shall be a lien and charge upon said real property on the date fixed
by the Board of Trustees; and, if not paid within 30 days after the
same is billed by the Treasurer, it shall be collected in the manner
provided by law for the collection of delinquent taxes. Ten days'
written notice of the date, time and place of the meeting at which
the Board of Trustees shall make such audit and determination shall
be sent to the last owner of record in the same manner as above provided
for the Superintendent of Buildings's notice. At said meeting, the
owner shall be given an opportunity to be heard on the necessity for
and amount of the proposed assessment before the same is finally determined.
