Village of Bayville, NY
Nassau County
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Table of Contents
Table of Contents
Chapter 15: Buildings, Unsafe
[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bayville 7-10-1972. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 12.
Building construction administration — See Ch. 13.

§ 15-1 Definitions.

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.

§ 15-2 Procedure for inspection and removal of unsafe structures.

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.

§ 15-3 Penalties for offenses.

[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.