A. 
This article is adopted pursuant to the authority granted by the Municipal Home Rule Law of the State of New York and by the provisions of § 4-412 of Article 4 of the Village Law of the State of New York and all amendments thereto. Previously, authority was granted by § 89, Subdivision 7-a, of the Village Law.
B. 
The purpose of this article is to promote, protect and preserve the health, safety, comfort and general welfare and the property of the residents and citizenry of the Village of Rouses Point and of owners of property located within the Village of Rouses Point by providing a method of the repair, securement, closing over or removal of buildings or structures within the limits of said Village of Rouses Point that from any cause may now be or shall hereafter become dangerous or unsafe to the public.
[Amended 9-6-1988 by L.L. No. 1-1988]
The Chief Official shall be and hereby is authorized and designated to inspect any building or structure within the limits of the Village of Rouses Point which he has reason to believe is or may be, from any cause, dangerous or unsafe to the public and to file with the Board of Trustees his report, in writing, as to the condition of any building or structure so inspected which he believes to be, from any cause, dangerous or unsafe to the public, specifying in such report a description of the premises, the date of the inspection, the condition found which he deems to be dangerous or unsafe, his opinion as to the cause of such condition and his recommendation with reference to the correction of such condition. Such report shall be filed with the Board of Trustees of the Village of Rouses Point not less than five days from the date of such inspection.
[Amended 9-6-1988 by L.L. No. 1-1988]
A. 
After receipt of a report from the Chief Official pursuant to§ 72-13, the Board of Trustees may, in its discretion, order that a survey of the premises be made by the Chief Official, a person named by the Board of Trustees and by one practical builder, engineer or architect chosen by the owner of the premises. Upon completion of the survey by said persons, a report shall be prepared by them, and said reports shall be submitted to the Board of Trustees.
B. 
In the event of the refusal or neglect of the owner of the premises to choose a surveyor within 20 days from the date of personal service or of service by registered or certified mail, then the Chief Official and the person named by the Board of Trustees shall make the survey of the premises and shall submit a written report thereof to the Board of Trustees.
C. 
The Board of Trustees may, in its discretion, set time limits for performance of the actions provided for herein.
[Amended 9-6-1988 by L.L. No. 1-1988]
A. 
If the report prepared pursuant to § 72-14 confirms the existence of an unsafe building or structure, the Chief Official, if the Board of Trustees shall so order, shall cause a written notice to be prepared, which shall contain the following:
(1) 
A description of the premises.
(2) 
A statement of the particulars in which the building or structure is unsafe or dangerous.
(3) 
An order requiring that the building or structure be made safe and secure or demolished and removed, which order may outline the manner in which the building or structure is to be made safe and secure.
(4) 
An order requiring that the repair or demolition of the building or structure be commenced within 10 days of the date of personal service or mailing of the written notice and that repair or demolition and removal be completed within 30 days after the date required for the commencement of the repair or demolition.
(5) 
The date, time and place of the hearing before the Board of Trustees relative to the subject unsafe building or structure, which hearing shall be scheduled not less than five consecutive days from the date of personal service or mailing of the written notice.
(6) 
A statement that, in the event of the failure, neglect or refusal to comply with the order to repair, make safe and secure or demolish and remove the unsafe building, the Board of Trustees is empowered and authorized to provide for the security of the building or structure or for its demolition and removal, to assess all costs and expenses thereof against the land on which it is located and to institute legal action to recover the costs of demolition and removal of said unsafe building, as well as legal fees and expenses and that the costs and expenses so assessed may, at the Village's option, constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and may, at the Village's option, be collected in the same manner and at the same time as other Village charges.
B. 
The aforementioned written notice shall be served on the owner of record or the owner's executor, legal representative, agent, lessee or other person having a vested or contingent interest in the subject property, either personally or by registered mail, addressed to the intended recipient's last known address as shown by the records of the receiver of taxes or the records in the office of the County Clerk. In addition, a copy of said notice shall be securely posted on the unsafe building in a conspicuous location.
C. 
In the event that one or more adult persons are actually residing and have a lawful interest in the unsafe building at the time of issuance of the Board of Trustees' order mentioned hereinabove in this section, a copy of the written notice provided herein shall be served upon any one such adult person if such person can reasonably be found.
D. 
In the event that the whereabouts of the owner of the unsafe building and any other person having an interest therein, as defined in Subsection B hereinabove, are unknown and cannot be ascertained after the exercise of reasonable diligence by the Chief Official, the Chief Official shall execute an affidavit to that effect, which shall be filed in the office of the Chief Official. In such a case, notice shall be served by posting a copy of the aforementioned written notice on the unsafe building in a conspicuous location.
[Amended 9-6-1988 by L.L. No. 1-1988]
A. 
A copy of the written notice served as provided in § 72-15 shall be filed in the office of the County Clerk of the County of Clinton. The filing of said notice shall have the same effect as the filing of a notice of pendency as provided in Article 65 of the Civil Practice Law and Rules, except as otherwise provided in this section.
B. 
A notice filed in accordance with Subsection A hereinabove shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a Judge or Justice of a court of record or upon the consent of the Village Attorney. Upon the presentation and filing of such consent or certified copy of such order in the office of the County Clerk of the County of Clinton, the aforementioned notice and any record or docket thereof shall be marked as canceled of record by said County Clerk.
[Amended 9-6-1988 by L.L. No. 1-1988]
In the event that the owner of the unsafe building fails or refuses to comply with the order to make safe and secure or demolish and remove said unsafe building, and after a hearing has been held before the Board of Trustees, the Board of Trustees may, by resolution duly adopted, provide for the demolition and removal of said building either by employees of the Village or by contract.
[Amended 9-6-1988 by L.L. No. 1-1988]
It shall be unlawful for any person, whether or not interested in the property affected by this chapter, to interfere with, obstruct or hinder the Chief/Inspector or his representative or any person acting in performing his duties as set forth in this chapter.
[Amended 9-6-1988 by L.L. No. 1-1988]
All costs and expenses incurred by the Village of Rouses Point or the Board of Trustees of the Village. of Rouses Point in connection with any and all of the above proceedings to repair, close over, secure or remove, including the cost of actually removing said building or structure or repairing, closing over or securing the same, may, at the Village's option, be assessed against the land on which the building or structure is located. If such owner or person to be served by mail as hereinabove provided shall fail to pay the costs and expenses incurred by the Village of Rouses Point or Board of Trustees within 10 days after being notified of the costs thereof by certified mail or if such person's address or whereabouts are unknown, the Village Clerk may, at the Village's option, file, immediately preceding the time for making the annual assessment roll, a certificate of such actual cost and expense, together with a statement as to the property upon which such costs and expense were incurred and the building or structure so removed or secured, as the case may be, with the Assessor of the Village of Rouses Point, who may, at the Village's option, in the preparation of the next assessment roll of the general Village of Rouses Point taxes, assess such amount upon such property, and the same may, at the Village's option, be levied, collected and enforced in the same manner, by the same proceedings, the same time, under the same penalties and have the same lien upon the property assessed as the general municipal tax and as a part thereof.
[Amended 9-6-1988 by L.L. No. 1-1988]
Notwithstanding any other provision of this article to the contrary, in the event that the building or structure constitutes an immediate and imminent peril and hazard to the health and welfare of the general public, and provided that the owner or the owner's legal representatives, agents, lessees or other person having a vested or contingent interest in the premises is or are unknown or are unavailable and cannot be immediately reached or their whereabouts and address is unknown, and if the building or structure is found by the Chief Official to be in danger of immediate collapse or destruction or about to cause immediate harm or injury to the general public, the Chief Official may, upon such determination and approval by the Board of Trustees of the Village of Rouses Point, enter upon said premises containing such structure or building and secure or board over or close same and do whatever other acts are deemed immediately necessary and vital to temporarily protect the general public therefrom until such time as the notification procedure as stated above in this section can be followed. Any such act so performed shall be at the expense of the property owner.
[Amended 9-6-1988 by L.L. No. 1-1988]
The Board of Trustees shall determine the respective dates to be inserted in each such notice and shall appoint and designate the appropriate Village of Rouses Point official in each instance, and said notice to be served shall be subscribed on behalf of the Board of Trustees of the Village of Rouses Point by the Village Clerk.