[HISTORY: Adopted by the Board of Trustees of the Incorporated Village
of Bayville 7-10-1972. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
- BUILDING INSPECTOR
- The Building Inspector of the Incorporated Village of Bayville or any person, organization or firm appointed or retained by the Village Board to perform the functions or responsibilities of said Building Inspector and the employees of such organization or firm acting within the scope of their employment in furtherance of such functions or responsibilities.
Any building or structure in a business, industrial or
residential section or district that, from any cause, may now be or shall
become dangerous or unsafe to the public may, by resolution of the Village
Board of Trustees, be required to be removed or repaired so as to make sure
such building or structure is safe, provided the procedure hereinafter provided
for has been followed:
A.
An inspection and report shall be made by the Building
Inspector and he shall issue a report to the Board of Trustees that such building
or structure is or may thereafter become dangerous or unsafe to the public.
B.
After the receipt of such report from the Building Inspector,
the Village Clerk shall notify the owner or the owners, executors, legal representatives,
agents, lessees or any other person having a vested or contingent interest
in the same, either personally or by registered mail, addressed to the last
known address, if any, of the owner, or some one of the owners, executors,
legal representatives, agents, lessees or other person having a vested or
contingent interest in the same, as shown on the records of the Receiver of
Taxes or in the office of the County Clerk, containing a description of the
premises, a statement of the particulars in which the building or structure
is unsafe or dangerous and an order requiring the same to be made safe and
secure or removed; and if such service be made by registered mail, a copy
of such notice shall be posted on the said premises.
C.
Such notice shall specify the time within which the person
served shall commence and complete the securing or removal of such unsafe
or dangerous building or structure.
D.
In the event of neglect or refusal of the person served
with a notice to comply with the same, a survey of the said premises shall
be made by an official of the village and a practical builder, engineer or
architect to be named by the Board of Trustees and a practical builder, engineer
or architect appointed by the person notified as above, and, in the event
of refusal or neglect of the person so notified to appoint such surveyor,
the two (2) surveyors named shall make the survey and report to the Village
Board. The said notice shall contain a statement that, in the event the building
or structure shall be reported unsafe or dangerous under such survey, an application
will be made at a special term of the Supreme Court in the judicial district
in which the property is located not less than five (5) days nor more than
ten (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.
[Amended 7-13-1973]
E.
A signed copy of the report of the survey shall be posted
on the unsafe or dangerous building or structure and compensation for said
surveyors shall be provided for.
F.
All the costs and expenses incurred by the village in
connection with the proceedings to remove or secure the building or structure,
including the actual costs of securing or removing said building or structure,
in accordance with the order of the court and including reasonable counsel
fees for the village and all the actual costs and disbursements incurred in
preparing and prosecuting said proceeding and the compensation for said surveyors,
and the fair value of the services of the Village Building Inspector shall
be assessed against the land on which said buildings or structures are located
and the proceedings for such assessment shall be in accordance with the Village
Law.
[Added 10-27-1980 by L.L.
No. 6-1980]
Any person committing an offense against any provision of this chapter
shall, upon conviction, be guilty of a violation pursuant to the Penal Law
of the State of New York, punishable by a fine not exceeding two hundred fifty
dollars ($250.) or by imprisonment for a term not exceeding fifteen (15) days,
or by both such fine and imprisonment. The continuance of an offense for each
day [twenty-four (24) hours] shall be deemed a distinct and separate violation.
