All notices of the violation of any of the provisions
of this chapter, and all notices required or authorized by this chapter,
directing anything to be done, including notices that any building,
structure, premises or any part thereof is deemed to be unsafe or
dangerous, shall be issued by the Superintendent of Buildings and
shall have his name affixed thereto.
Each such notice or order, in addition to the
statement of requirements, shall contain a description of the building
premises or property affected.
All such notices and any notice or order issued
by any court in any proceeding instituted pursuant to this chapter,
to restrain or remove any violation or to enforce compliance with
any provision or requirement of this chapter, may be served by delivering
and leaving a copy of the same with any person violating or who may
be liable under any provisions of this chapter. They may be served
by an officer or employee of the Department of Buildings or by any
person authorized by the said Department.
If the person to whom such order or notice is
addressed cannot be found within the Village after diligent search
shall have been made for him, then such notice or order may be served
by posting the same in a conspicuous place upon the premises where
such violation is alleged to have been placed or to exist, or to which
such notice or order may refer, or which may be deemed unsafe or dangerous,
and also depositing a copy thereof in the post office in the Village,
enclosed in a sealed postpaid wrapper addressed to said person at
his last known place of residence, which shall be equivalent to a
personal service of said notice or order upon all parties for whom
such search shall have been made, whether residents or nonresidents
of the State of New York.
In case there shall be, in the opinion of the
Superintendent of Buildings, danger to life or property by reason
of any defective or illegal work in violation of or not in compliance
with any of the provisions or requirements of this chapter, the Superintendent
or such person as may be designated by him shall have the right and
he is hereby authorized and empowered to order all further work to
be stopped in and about said building, and to require all persons
in and about said building forthwith to vacate the same, and to cause
such work to be done in and about the building as in his judgment
may be necessary to remove any danger therefrom.
The Superintendent of Buildings may, when necessary
for public safety, temporarily close the sidewalks, streets, buildings,
structures or places adjacent to said building or part thereof, and
the Chief of Police or any of his subordinates, when called upon by
the said Superintendent of Buildings to cooperate, shall enforce all
orders or requirements made under this section.
A.
Authority of Superintendent of Buildings. Whenever
the Superintendent of Buildings is satisfied that any drainage or
plumbing, the erection, construction or alteration, execution or repair
of which is regulated, permitted or forbidden by this chapter, is
being erected, constructed, altered or repaired or has been erected,
constructed, altered or repaired in violation of or not in compliance
with any of the provisions or requirements of this chapter or in violation
of any detailed statement of specifications or plans submitted and
approved thereunder, or of any certificate or permit issued thereunder,
or requirement of this chapter or any order or direction made thereunder
has not been complied with, or that plans and specifications have
not been submitted or filed as required by this chapter, the Superintendent
of Buildings may, in his discretion, institute any appropriate action
or proceeding at law or in equity to restrain, correct or remove such
violation or the execution of any work thereon, or to sustain or correct
the erection or alteration of, or to require the removal of, or to
prevent the occupation or use of, the building or structure erected,
constructed or altered in violation of or not in compliance with any
of the provisions of this chapter, or with respect to which the requirements
thereof or of any order or direction made pursuant to any provisions
contained therein shall not have been complied with.
B.
Effect of continuance of violation. Any person who
shall maintain or continue any drainage or plumbing in violation of
any of the provisions of this chapter after having been duly notified
as in this chapter provided that such drainage or plumbing is in violation
of any provision of this chapter shall be subject to any action or
proceeding and any penalty that is provided in this article for the
commission of the violation.
The Superintendent of Buildings shall institute
any and all actions and proceedings, either legal or equitable, that
may be appropriate or necessary for the enforcement of the provisions
of this chapter upon the order of the Board of Trustees of the Village.
In any such action or proceedings the Village
may, in the discretion of the Superintendent of Buildings and on his
affidavit setting forth the facts, apply to any court of record or
to a judge or justice thereof for an order enjoining and restraining
all persons from doing or causing or permitting to be done any work
in or upon such building or structure or in or upon such part thereof
as may be designated in said affidavit, or from occupying or using
said building or structure or such portion thereof as may be designated
in said affidavit, for any purpose whatever, until the hearing and
determination of said action and the entry of final judgment therein.
The court or judge or justice thereof to whom such application is
made is hereby authorized forthwith to make any or all of the orders
above specified as may be required in such application, with or without
notice, and to make such other or further orders or directions as
may be necessary to render the same effectual. No undertaking shall
be required as a condition to the granting or issuing of such injunction
order or by reason thereof.
All courts in which any action or proceeding
is instituted under this chapter shall, upon the rendition of a verdict,
report of a referee or decision of a judge or justice, render judgment
in accordance therewith.
Any judgment rendered in an action or proceeding
instituted under this chapter shall be and become a lien upon the
premises named in the complaint in such action, to date from the time
of filing a notice of lis pendens in the County Clerk's office of
Nassau County. Every such lien may be enforced against said property
in every respect notwithstanding the same may be transferred subsequent
to the filing of the said notice.
A.
Contents; filing. The notice of lis pendens referred
to in this section shall consist of a copy of the notice issued by
the Superintendent of Buildings, requiring the removal of the violation,
and a notice of the suit or proceedings instituted or to be instituted
thereon. Such notice of lis pendens may be filed at any time after
the service of the notice issued by the Superintendent of Buildings
as aforesaid; provided he may deem the same to be necessary or is
satisfied that the owner of the property is about to transfer the
same to avoid the responsibility for having violated a provision of
this chapter.
B.
Vacation; cancellation. Any notice of lis pendens
filed pursuant to the provisions of this chapter may be vacated and
canceled of record upon an order of a justice of the court in which
such suit or proceeding was instituted or is pending or upon the consent
in writing of the Village Trustees. The Clerk of Nassau County shall
mark any such notice of lis pendens and any record or docket thereof,
as vacated and canceled of record, upon the presentation and filing
of a certified copy of an order or of consent as aforesaid.
In no case shall the Department of Buildings
or any officer thereof or of the Village be liable for costs in any
action, suit or proceedings that may have been or may hereafter be
instituted or commenced in pursuance of this chapter.
No officer of the Department of Buildings, acting
in good faith and without malice, shall be liable for damages by reason
of anything done in any action or proceeding instituted under any
provision of this chapter or by reason of any act or omission in the
performance of his official duties.
In case any notice or direction authorized to
be issued by this chapter is not complied with within the time designated
therein, the Village, by the Superintendent of Buildings, may apply
to the Supreme Court, at a Special Term thereof, for an order directing
the Superintendent of Buildings to proceed to make the alterations
or remove the violation, as the same may be specified in said notice
or direction.
Whenever any notice or direction so authorized
shall have been served as directed in this article, and the same shall
not have been complied with within the time designated therein, the
Board of Trustees shall, at the request of the Superintendent of Buildings,
in addition to or in lieu of any other remedy provided for by this
chapter, apply to the Supreme Court, at a Special Term thereof, for
an order directing the Superintendent to vacate such building or premises
or so much thereof as he may deem necessary, and prohibiting the same
to be used for any purpose specified in said order until such notice
shall have been complied with.
In case the notices or orders of the Court herein
mentioned shall be served upon any lessee or party in possession of
the building or premises therein described, it shall be the duty of
the person upon whom such service is made to give immediate notice
to the owner or agent of the building or premises named in the notice
if such person shall be within the limits of the Village and his residence
be known to such person, and, if not within the Village, be depositing
said notice in the post office in the Village, properly enclosed in
a postpaid wrapper addressed to such owner or agent at his then known
place of residence.
A.
Issuance. Any owner of real estate or of a building
thereon may execute and acknowledge a written designation of a resident
of said Village as a person upon whom may be served any notice of
violation, notice to make safe or notice of survey, a summons, a mandate
or any paper or process issued under a provision of this chapter,
and may file the same with the written consent of the person so designated,
duly acknowledged, in the office of the Superintendent of Buildings.
The designation must specify the location of the property with respect
to which the designation is made and the residences and places of
business of the person making it and the person designated.
B.
Duration; termination. It shall remain in force during
the period specified herein, if any, or until revoked by the death
or legal incompetency of either of the parties or by the filing of
a revocation by either of the parties, duly acknowledged and endorsed
with the consent of the Superintendent of Buildings. The Superintendent
of Buildings shall file and index each designation and shall note
upon the original designation and index the filing of a revocation.
C.
Effect. While the designation remains in force, as
prescribed in this section, a notice of violation, notice to make
safe or notice of survey, a summons, a mandate or any paper or process
under the provisions of this chapter, or either of the same, shall
be served upon the person so designated in like manner and with like
effect as it were served personally upon the person making the designation,
notwithstanding his presence in the Village.
The expenses and disbursements incurred in the carrying out of any order issued as provided in § 162-3 of this article shall become a lien upon the building or premises named in the order from the time of the filing of a copy of the said order, with a notice of the pendency of the action or proceeding as provided in this chapter taken thereunder, in the office of the Clerk of Nassau County; and the Supreme Court to whom application shall be made is hereby authorized and directed to grant any of the orders above named and to take such proceedings as shall be necessary to make the same effectual; and any Justice to whom application shall be made is hereby authorized and directed to grant any of said orders and to take such proceedings as shall be effectual in behalf of the Village.
Except as hereinafter provided with respect
to the amount of the penalty, the owner of any building, structure
or part thereof, or wall, or any platform, staging or flooring to
be used for standing or seating purposes, or the owner of the land,
where any violations of this chapter shall be placed or shall exist,
and any architect, builder, plumber, carpenter, mason or other person
who may be employed or assist in the commission of any such violation,
and all persons who shall violate any of the provisions of this chapter
or fail to comply therewith or with any requirement thereof, or who
shall violate or fail to comply with any detailed order or rules made
thereunder, or who shall build in violation of any detailed statement
of specifications or plans submitted and approved thereunder, shall
severally, for each and every such violation and noncompliance, respectively,
forfeit and pay a penalty in the sum of not less than $10 nor more
than $50.
For the recovery of any penalty or penalties enumerated in § 162-22, or for violations of registration provisions or noncompliance with notice requirements, an action may be brought in the Village court or any court of record, in the name of the Village; and whenever any judgment shall be rendered therefor, the same shall be collected and enforced as prescribed and directed by the Civil Practice Act of the State of New York.
If any violation shall be removed or be in process
of removal within 10 days after the service of a notice as in this
chapter prescribed, the liability of such penalty shall cease, and
the Village Board of Trustees, on request of the Superintendent of
Buildings, shall discontinue any action pending to recover the same,
upon such removal or the completion thereof within a reasonable time.
The Superintendent of Buildings, through the
Village Board, is hereby authorized, in his discretion and upon good
and sufficient cause being shown therefor, to remit any penalty which
any person may have incurred or may hereinafter incur under any of
the provisions of this chapter, but no such penalty shall be remitted
until the violation shall have been removed. Said Superintendent is
further authorized, in his discretion, to remit any costs allowed
or obtained in any penalty suit or any other action or proceeding
instituted under the provisions of this article.
Any person who shall receive and fail to comply
with any written peremptory order of the Superintendent of Buildings
issued only when an immediate compliance with such order is essential
to the public peace or safety, within the time specified in such order,
shall be guilty of a misdemeanor.
