The Superintendent of Buildings shall:
A.
Inspections, generally. Inspect or cause to be inspected, as often as may be necessary to ensure the enforcement of this chapter, all buildings in the Village for the purpose of determining whether any conditions exist therein which render such places dangerous buildings within the terms of § 128-2 of this chapter and whether any conditions exist therein not in compliance with the standards of this chapter.
B.
Inspections upon complaint. Inspect any building, wall
or structure about which a complaint is filed by a person to the effect that
the same is or may be existing in violation of the terms of this chapter.
C.
Issuance of notice to comply. Notify, in writing, the owner of any building found by him to be a dangerous building within the standards set forth in § 128-2 of this chapter and of any building found by him not conforming to the standards set forth in Article III hereof that he must repair or remove said building, in accordance with the terms of the notice and this chapter, or otherwise comply with the standards set forth in this chapter within a reasonable time to be fixed by said notice.
D.
Contents of notice. Set forth, in the notice provided for in Subsection C hereof, a description of the building or structure or parts thereof deemed to violate the provisions of this chapter, a statement of the particulars in which the building is dangerous or fails to comply with the standards set forth in Article III hereof and a direction requiring compliance with the standards set forth in this chapter or that the building or structure be put in such condition as to comply with the terms of this chapter or that said building or structure be removed.
F.
Appearance; testimony at hearings. Appear at all hearings
conducted by the Village Board and testify as to the condition of the dangerous
building.
G.
Institution of actions; proceedings. With the assistance
of the Village Counsel, do such acts and take such proceedings as may be required
to bring about the repair or removal of buildings as ordered by the Village
Board and take such steps as may be required by the provisions of § 89,
Subdivision 7a, of the Village Law[1] to cause the removal or repair of any building which is dangerous
or unsafe to the public and to cause the assessment of all costs and expenses
incidental thereto against the land on which said buildings are located.
[1]
Editor's Note: Currently, see Village Law § 4-412.
H.
Posting notice. Firmly affix a notice, in a conspicuous place, in front of all dangerous buildings immediately after the issuance of the order provided for in § 128-7D of this chapter as follows: This building has been found to be a dangerous building by the Board of Trustees of the Village of Freeport. This notice is to remain on this building until it is repaired or removed or made to comply with the direction which has been given the owner. It is unlawful to remove this notice until such direction has been complied with.
The Village Board shall:
A.
Issuance of notice to appear. Upon receipt of a report of the Superintendent of Buildings as provided for in § 128-6E hereof, give written notice to the persons interested in said building to appear before them on a certain date, within 15 days of the date of notice, to show cause why compliance with the standards set forth in this chapter should not be made or why the building or structure reported to be a dangerous building should not be repaired or removed in accordance with a statement of particulars set forth in the Superintendent of Buildings' notice provided for by § 128-6C and D of this chapter.
B.
Hearing. Hold a hearing and hear testimony as to whatever
evidence the persons interested in said building may offer relative to the
dangerous building.
C.
Written findings. Make a written finding of facts as to whether or not the building in question is a dangerous building within the meaning of § 128-2 hereof.
D.
Issuance of orders. Issue an order commanding the persons
interested in said building to repair or remove any building found to be a
dangerous building within the terms of this chapter or to comply with the
standards set forth in this chapter. Such order shall fix the time when compliance
therewith shall commence, not more than 10 days after the making thereof,
and shall fix a reasonable time within which such compliance shall be so completed.
The Village Board may, in its discretion and upon good cause shown, extend
the time for full compliance with said order.
E.
Effect of noncompliance with order.
(1)
If the owner fails to comply with the order provided for in Subsection D hereof or any extension thereof, the Village Board may direct the Superintendent of Buildings to cause such dangerous building or structure to be repaired or removed, as the facts may warrant, under the standards hereinbefore set forth, provided that before proceeding to repair or to remove or cause the repair or removal of any dangerous or unsafe building, the Superintendent of Buildings may, with the advice and assistance of the Village Counsel, proceed in accordance with the provisions of § 89, Subdivision 7-a, of the Village Law[1] and institute appropriate proceedings before a court of competent
jurisdiction to obtain an order or judgment directing or authorizing such
repair or removal. The Superintendent, of Buildings shall, with the assistance
of the Village Counsel, take such legal action as may be necessary to cause
the costs of such repair or removal, and all costs and expenses incurred by
the Village in connection with said proceedings shall be charged against the
land on which the building stands or did stand as a municipal lien, or such
costs shall be added to the tax roll as an assessment or shall be levied as
a special tax against the land upon which the building stands or did stand.
[1]
Editor's Note: Currently, see Village Law § 4-412.
(2)
The lien of the Village or any expense incurred with
regard to the repair or removal of any dangerous building shall have priority
over all other liens and encumbrances, except taxes, assessments and water
rates. Except as to the liens imposed for expenses incurred as a result of
the repair or removal of any dangerous building, nothing herein contained
shall be construed as placing upon the property a lien which supersedes or
is superior to the lien of any mortgage with regard to any building and property
executed and recorded prior to the existence of such lien.
F.
Report to Village Counsel. Report, to the Village Counsel the names of all persons not complying with the order provided for in Subsection D hereof.
G.
Authority to initiate proceedings. The Village Board may, in the first instance and without service of any notice by the Superintendent of Buildings, give notice to the persons interested in any building, which they have reason to believe may be a dangerous building, to appear before them on a certain date, within 15 days from the date of such notice, to show cause why the building or structure specified in such notice should not be repaired or removed or otherwise made to comply with the provisions of this chapter. Such notice shall contain the same particulars as are required by § 128-6D of this chapter. Upon the return day of said notice, the Village Board shall thereupon proceed in the same manner as prescribed in Subsections B, C, D, E and F of this section.
H.
Vacation; amendment of order. The Village Board may from
time to time and upon due notice vacate, modify or amend any order made by
them, as herein provided, and may, either on their own motion or upon the
motion of any person interested, reopen any proceedings in which they have
made an order for the purpose of taking further testimony and, upon such rehearing,
render any decision and make any order consistent with the provisions of this
chapter that they shall deem just and equitable.
Any person deeming himself aggrieved by any order or direction of the
Village Board may have the determination reviewed by the Supreme Court in
the manner prescribed by the Civil Practice Law and Rules.
The Village Counsel shall:
A.
Prosecute violations of orders. Prosecute all persons failing to comply with the terms of any order granted to be given under § 128-7D.
B.
Prosecute violations of chapter. Prosecute all persons
who shall in any way violate the terms of this chapter.
C.
Appear at hearings. Appear at all hearings before the
Village Board with regard to dangerous buildings.
D.
Institute actions. In his discretion, bring suit to correct
all municipal liens, assessments or costs incurred by the Village for repairing
or causing to be removed dangerous buildings.
E.
Enforcement, generally. Take such other legal action
as is necessary to carry out the terms and provisions of this chapter, including
actions to abate nuisances, or for the enforcement of this chapter by injunction
or otherwise.
The employees of the Fire Department and the employees of the Police
Department of the Village shall make a report, in writing, to the Superintendent
of Buildings of all buildings and structures which, in the discharge of their
respective duties, are found or may be suspected to be dangerous or substandard
buildings within the terms of this chapter. Such reports must be delivered
to the Superintendent of Buildings within 24 hours of the discovery of such
building by an employee of said Fire Department and/or Police Department.
All notices or orders required to be given hereunder may be served by
delivering to and leaving a copy of the same with the person entitled to such
notice. In cases where any such person is absent from the Village, all notices
or orders provided for herein shall be sent by registered mail to said person
so absent to the last known address of said person or to the last address
of said person as shown by the records of the receiver of taxes and/or in
the office of the County Clerk of Nassau County. Whenever such service is
made by registered mail, a copy of such notice or order shall also be posted
in a conspicuous place on the front of the dangerous building or substandard
building to which it relates. Such mailing and posting shall be deemed adequate
service.
No officer, agent or employee of the Village shall render himself personally
liable for any damage that may accrue to persons or property as a result of
any act required or permitted in the discharge of his duties under this chapter.
Any suit brought against any officer, agent or employee of the Village as
a result of any act required or permitted in the discharge of his duties under
this chapter shall be defended by the Village Counsel until the final determination
of the proceedings therein.
The following remedies shall be applied in substance by the Superintendent
of Buildings and the Village Board in ordering removal or repair:
A.
Repair. If the dangerous building can be reasonably repaired
so that it will no longer exist in violation of this chapter, it shall be
ordered repaired. In all cases where a building cannot be repaired so that
it will no longer exist in violation of the terms of this chapter, it shall
be ordered removed. All repairs are to be performed in a workmanlike manner
to the minimum standards of the respective trade.
B.
Removal. In all cases where a dangerous building is a
fire hazard, existing or erected in violation of any ordinance of this Village
or statute of the State of New York, it shall be ordered removed unless such
hazard or violation can be cured, in which event the building shall be ordered
repaired.
C.
Unsafe structures. Any structures or part of a structure
or premises that from any cause may at any time become dangerous or unsafe
structurally or as a fire hazard shall be repaired and secured or taken down
and removed. A vacant building that is unguarded or open at door or window
shall be deemed dangerous or unsafe as a fire hazard within the meaning of
this section.
The several remedies herein provided with respect to the repair or removal
of dangerous buildings or of substandard buildings or the assessment and recovery
of the cost of repair or removal thereof incurred by the Village and any other
remedies, legal or equitable, available shall be deemed cumulative, and any
and all thereof may be pursued concurrently or consecutively. The pursuit
of any remedy shall not be construed as an election or waiver of the right
to pursue any and all of the others.
[Amended 3-23-1992 by L.L. No. 2-1992]
A.
Responsibility of owner. The owner of any dangerous building
who knowingly permits such dangerous building to be used for human occupancy
or who shall fail to comply with any order of the Village Board to repair
or remove said building or otherwise make it comply with the standards set
forth in this chapter shall be guilty of a violation, as said term is defined
under the Penal Law of the State of New York, and be subject to a fine of
not more than $1,000, or by imprisonment for not more than 15 days, or both
such fine and imprisonment, for each such violation.
B.
Effect of a continuing violation. For the purposes of Subsection A of this section, each day during which there is a failure to comply with the provisions of this chapter or of any order issued by the Village Board shall constitute a separate offense.
C.
Effect of occupancy. In any prosecution under this section,
the fact that any dangerous building or any part of said building was used
for human occupancy shall be presumptive evidence that the same was so used
with the knowledge and consent of the owner.
D.
Removal of notice. Any person removing the notice provided for in § 128-6H hereof shall be guilty of disorderly conduct and shall be a disorderly person and, upon conviction thereof, shall be fined a sum not to exceed $250 for each offense.
E.
Disposition of penalties. All penalties collected under
this chapter shall be the property of the Village, but no provision of this
chapter shall be construed to prohibit the Village from creating and maintaining
a separate revolving fund out of such penalties, not to exceed the sum of
$10,000 and out of which payment may be made for repairs or removals made
or caused to be made as provided herein.
