[HISTORY: Adopted by the Board of Trustees
of the Village of Nassau 7-12-1995 by L.L. No. 3-1995.[1]; amended in its entirety 1-9-2019 by L.L. No. 3-2019. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 42.
[1]
Editor's Note: This local law also repealed
former Ch. 44, Buildings, Dangerous, adopted 11-29-1989 by L.L. No.
10-1989.
The Village Board of the Village of Nassau, Rensselaer County,
New York, recognizes that some properties within the Village have
or may become vacant for many reasons, including as the result of
the mortgage foreclosure process under New York State law or for other
reasons. The Village Board recognizes that certain buildings, both
residential and commercial, have been or will remain vacant or boarded
up for long periods of time. As such, these buildings and the properties
upon which they are constructed can become unsightly and unsafe and
have a negative effect on their surroundings and upon the community
in general. The purpose of this chapter is to establish a program
for identifying and registering vacant buildings and properties; to
determine the responsibility of the owners or mortgagees of these
properties; to set forth the process for securing, maintaining and
rehabilitating these properties; and to require the registration of
these properties with the Village of Nassau.
The Village Board of the Village of Nassau intends that the
provisions of this chapter are to prevent properties that have been
vacant from becoming dangerous, unsafe, blighted, overgrown, susceptible
to vandalism and otherwise nuisances to the public in general and
specifically to surrounding property owners. The Village Board recognizes
that properties involved in the mortgage foreclosure process in particular
that are left vacant could cause nuisance and criminal activity for
long periods of time. Accordingly, the Village Board believes that
the provisions of this chapter are in the best interests of the public
health and safety in the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
A duly authorized representative or other persons designated
for that role by the Village of Nassau, Rensselaer County, New York,
authorized to enforce this and/or other local laws.
The legal process by which any parcel, tract, lot or other
defined area of real property, including the improvements located
thereon, placed as security for a real estate loan, is sought to be
sold by the lender/mortgagee to satisfy the debt if the borrower/mortgagor
defaults. This definition shall include all processes, activities,
and actions by whatever name associated with the described process.
The agent designated by the owner or mortgagee upon registration
as required by this chapter.
The creditor, including, but not limited to, service companies,
lenders in a mortgage agreement and any agent, servant, or employee
of the mortgagee, or any successor in interest and/or assignee of
the mortgagee's rights, interests or obligations under the mortgage
agreement.
A recorded notice that a default has occurred under a mortgage
and that the mortgagee intends to proceed with a foreclosure sale.
Owner or owners of record on the assessment rolls of the
Office of the Assessor of the Village of Nassau; those identified
as the owner or owners on a vacant building registration form; a mortgagee
in possession; a mortgagor in possession; a receiver or assignee of
rents; an executor, trustee, or other person, firm, entity or corporation
in control of the property or premises. Such persons or entities may
have joint and several obligations for compliance with the provisions
of this chapter.
Any measures that assist in making the property inaccessible to unauthorized persons as set forth in § 44-7 below.
A building or portion thereof which lacks the habitual presence
of human beings who have a legal right to be on the premises, including
buildings ordered vacated by the Code Enforcement Officer and his
or her designees. In determining whether a building is unoccupied,
the Code Enforcement Officer and his or her designees may consider,
but are not limited to, these factors:
Whether a lawful residential or business activity has ceased.
The percentage of the overall square footage of the occupied space
to the unoccupied space, or the number of occupied units to unoccupied
units.
Whether the building is substantially devoid of contents or
whether the value of fixtures or personal property in the building
is minimal.
Whether the building lacks utility services.
Whether the building is subject to a foreclosure action.
The duration of the vacancy.
The presence or recurrence of code violations.
A building or portion thereof which is open to entry by unauthorized
persons without the use of tools or ladders.
A vacant building is a building or property or portion of
same which is unoccupied and meets the criteria of New York State
Real Property Actions and Proceedings Law §§ 1309 and
44-D and which is:
Unoccupied and unsecured;
Unoccupied and secured by other than normal means; or
Unoccupied and an unsafe building as determined by the Code
Administrator or his or her designees; or
Unoccupied and has multiple housing or building code violations;
or
Occupied in violation of one or more of the provisions of this
section.
A.
Pursuant to New York State Real Property Actions and Proceedings
Law § 1309, a property will be deemed "vacant" if three
consecutive inspections of such property conducted 25 days to 35 days
apart and at different times of the day show that:
(1)
No occupant was present and there was no evidence of occupancy on
the property to indicate that any persons are residing or occupying
the premises there; and
(2)
The property was not being maintained in a manner consistent with
the standards set forth in the New York Property Maintenance Code
Chapter 3 §§ 301, 302 (excluding 302.2, 302.6, 302.8),
304.1, 304.3, 304.7, 304.10, 304.12, 304.13, 304.15, 304.16, 307.1
and 308.1.
B.
Real property will also be deemed vacant if:
(1)
A court or other appropriate state or local governmental entity has
formally determined, following due notice to the borrower at the property
address and any other known addresses, that such property is vacant;
or
(2)
Each borrower and owner has separately issued a sworn written statement,
expressing his or her intent to vacate the property and an inspection
of the property shows no evidence of occupancy to indicate that any
persons are residing there.
C.
Evidence of lack of occupancy shall include but not be limited to
the following conditions:
(1)
Overgrown or dead vegetation;
(2)
Accumulation of newspapers, circulars, flyer or mail;
(3)
Past-due utility notices, disconnected utilities, or utilities not
in use;
(4)
Accumulation of trash, refuse or other debris;
(5)
Absence of window coverings;
(6)
One or more boarded, missing or broken windows;
(7)
The property is open to casual entry or trespass; or
(8)
The property has a building or structure that is or appears structurally
unsound or has any other condition that presents a potential hazard
or danger to the safety of persons.
D.
Real property will not be deemed vacant if, on the property:
(1)
There is an unoccupied building that is undergoing construction,
renovation, or rehabilitation that is proceeding diligently to completion;
(2)
There is a building occupied on a seasonal basis, but otherwise secure;
(3)
There is a building that is secure, but is the subject of a probate
action, action to quiet title, or other ownership dispute of which
the mortgagee has actual notice;
(4)
There is a building damaged by a natural disaster and one or more
owners intend to repair and reoccupy the property; or
(5)
There is a building occupied by the mortgagor, a relative of the
mortgagor or a tenant lawfully in possession.
(6)
There is an unoccupied building that is otherwise secure and both
building and property are properly maintained.
A.
Within 30 days of the filing of a lis pendens (preforeclosure) and/or
an action to foreclose upon a mortgage or similar security instrument,
all mortgagees must register with the Code Enforcement Officer of
the Village of Nassau, on forms provided by said official, all property
in foreclosure within the Village of Nassau. For properties for which
a lis pendens and/or action for foreclosure upon a mortgage or a similar
security instrument has been instituted prior to the effective date
of this chapter and which has not yet been registered pursuant to
this chapter, all mortgagees must register such properties within
60 days of the effective date of this chapter.
B.
Such mortgagees must designate and retain a local individual or local
agent or property management company as the local agent responsible
for the security and maintenance of the property. Owners of property
that do not reside in the Village of Nassau must provide a name, address
and contact information of a local agent with whom the owner has entered
into a contract or agreement for property management.
C.
All such owners of vacant properties shall also register with the
Code Enforcement Officer of the Village of Nassau not later than 30
days after any building in the Village becomes a vacant building and
not later than 30 days after being notified by the Code Enforcement
Officer of the Village of Nassau of the requirement to register. The
Code Enforcement Officer may identify vacant buildings through his/her
routine inspection process as well as through notification by residents,
neighbors, neighborhood groups or other community groups that a building
may be vacant and eligible for inclusion on the required registry.
Registration by owners shall be submitted on forms provided by the
Code Enforcement Officer of the Village of Nassau.
D.
New owners of such properties shall register or reregister the vacant
building or properties with the Code Enforcement Officer within 30
days of any transfer of ownership interest in the vacant building
or property, whether or not the deed to said property has been recorded
with the Rensselaer County Clerk.
E.
Failure or refusal of the owner to register a property does not preclude the property from the registry. The certificate shall be used as the means to add the said property to the registry, making all requirements set forth in this Chapter 44 enforceable.
F.
All such owners and mortgagees must supply the following information
to the Code Enforcement Officer of the Village of Nassau:
(1)
A description of the premises, including the property address, as
well as the section, block and lot number of the property as set forth
in the tax records of the Village of Nassau located in the Office
of the Assessor of the Village of Nassau.
(2)
The names and addresses of the owner or owners, or mortgagee or mortgagees.
(3)
The name, street address, telephone number and email address of the
firm or individual responsible for maintaining the property. The individual
or representative of the firm responsible for maintaining the property
must be available by telephone or in person.
(4)
A statement or plan as to what will be done to secure the structure
and property so that it will not become open to the general public.
The statement shall also specify whether the owner intends to allow
the building to remain vacant, to return the building to appropriate
occupancy or use, or to demolish the building. The plan must also
specify a time for its completion for those activities.
A.
By designating an authorized agent as set forth above under the provisions
of this chapter, the owner and/or mortgagee consents to receive any
and all notices of code violations concerning the registered vacant
property and all process in any court proceeding or administrative
enforcement proceeding brought to enforce code provisions concerning
the registered building or property by service of the notice or process
on the authorized agent. Any owner who has designated an authorized
agent under the provisions of this section shall be deemed to consent
to the continuation of the owner's designation for the purpose
of this section until the owner notifies the Code Enforcement Officer
of the Village of Nassau in writing of a change of authorization or
until the owner files a new annual registration statement.
B.
Any owner who fails to register a vacant property under the provisions
of this chapter shall further be deemed to consent to receive, by
posting at the building and by regular mail at such owner's most
recent address of record, any and all notices of code violation and
all process of administrative or legal proceedings brought to enforce
code provisions or other laws or regulations concerning the structure
or property.
The owner or mortgagee of any structures that become vacant
as defined above and any person designated as an agent or responsible
for maintaining such structure or vacant property shall, within 30
days of the structure becoming vacant or 30 days of the owner or mortgagee
taking title to the property, whether or not the deed for said property
has been recorded with the Rensselaer County Clerk, meet the following
requirements:
A.
All vacant real property shall at all times be properly maintained.
A vacant building or structure shall be considered properly maintained
if the following requirements are met:
(1)
It has all doors and windows and other openings weathertight and
secured against entry by the general public as well as animals. The
term "secured," for the purposes of this section, shall mean that
all means of ingress and egress, including but not limited to all
doorways and windows, shall be in good state of repair, without any
broken glass or other damage that might allow entry or create an eyesore,
and shall be securely locked. Any building that is not so secured
shall be promptly boarded up, meaning that all means of ingress and
egress at all floor levels shall be covered over, as specified hereinafter,
so as to ensure the continued security of the building and to reduce
the negative impact on the neighborhood. Boarding up shall be done
by utilizing the following minimum materials and methods unless another
equivalent system is proposed in writing and approved by the Building
Inspector:
(a)
Exterior-grade plywood or sheathing-grade particle board.
(b)
Openings in excess of three feet wide shall be braced.
(c)
The door shall be secured.
(d)
All boarding material shall be finished on the exterior with
paint.
(e)
When it is required by this article that a building be boarded
up, it shall be the responsibility of the owner to have the electric
and gas service, if any, temporarily shut off from the building by
contacting National Grid customer service. Service may not be reconnected
until repair and rehabilitation work or occupancy actually commences.
(2)
All roof and roof flashings shall be sound and tight such that no
rain will penetrate the structure and must allow for appropriate drainage
so as to prevent deterioration of the interior walls or other interior
portions of the building. Temporary boarding of windows may be permitted
upon application and consent by the Code Enforcement Officer of the
Village of Nassau. The Code Enforcement Officer shall have the discretion
to determine how long boarding may be permitted.
(3)
The building must be maintained in good repair and be structurally
sound and free from rubbish, garbage, and other debris.
(4)
Structured members of the building shall be capable of bearing both
live and dead loads, and the foundation walls likewise shall be capable
of supporting an appropriate load.
(5)
The exterior of the structure shall be free of loose or rotten materials
as well as holes. Any exposed metal, wood or other surface shall be
protected from the elements by appropriate weather-coating materials
(paint or similar treatment).
(6)
Any balconies, canopies, signs, metal awnings, stairways, fire escapes
or other overhanging extensions shall be in good repair and appropriately
anchored. The exposed metal and wood surface of such overhanging extensions
shall also be protected from the elements and against rust or decay
by appropriate application of paint or similar weather coating.
(7)
Any accessories or appurtenant structures, including but not limited
to garages, sheds, and other storage facilities, shall meet the same
standards.
(8)
All bushes must be trimmed so as to provide an unobstructed view
of the front of the house from the public roadway.
(9)
The property shall be maintained in accordance with Chapter 3 of
the Property Maintenance Code of New York State.
(10)
All combustibles must be removed from the interior of all buildings
and the exterior of the property.
(11)
Smoke and carbon monoxide detectors shall be installed and maintained
in operable condition at all times.
(12)
The Code Enforcement Officer of the Village of Nassau shall be provided
with proof of inspection of the premises by the agent or responsible
party at least every 30 days after the vacancy commences.
(13)
The grounds of the structure, including yards, fences, sidewalks,
walks and driveways, shall be well maintained and kept free from trash
or debris.
B.
In addition to the requirements set forth in Subsection A above:
(1)
The owner and/or mortgagee shall post a sign affixed to the structure
with a name, address and telephone number of the owner and/or mortgagee
and the owner's and/or mortgagee's authorized agent for
the purposes of service of process and the name, address and telephone
number of the entity responsible for the maintenance of the property.
The sign shall be at least 18 inches by 24 inches in dimension and
shall include the words "To Report Problems With This Building/Property
Call and/or Email" and shall be placed in a location where it is clearly
legible from the nearest public street or sidewalk, whichever is nearer.
(2)
The building shall be maintained in a secured and closed condition,
keeping the grounds in a clean and well-maintained condition and ensuring
that the sign is visible and intact until the building is again occupied
or demolished or until repair or rehabilitation of the building is
complete.
The Code Enforcement Officer, Fire Inspector and/or Police Department
shall have the authority to inspect properties subject to this statute
for compliance with same and to issue citations for any violations.
Upon the Code Enforcement Officer or his/her designee determining
a property has been vacated, he/she shall cause a certification of
vacancy to be filed with the Building Department's records, and
such certification shall be served upon the owner of the premises
either personally or by posting a copy of the certification in a conspicuous
place on the property and by mailing a copy by certified mail to the
owner's (owners') last known address.
A.
Upon the Code Enforcement Officer filing a certification of vacancy,
the Code Enforcement Officer, Police Department and/or Fire Inspector
may, without further notice to the owner, take necessary steps to
ensure the property and/or dwelling is properly maintained pursuant
to this chapter. Costs incurred under this section shall be paid out
of the municipal treasury on certificate of the Code Enforcement Officer.
Such costs shall be charged against the land on which the building
existed, as a municipal lien, or 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 stood or shall be recovered in a
suit at law against the owner.
B.
The owner of a property declared vacant may petition the Building
Department to remove the certification of vacancy by providing proof
to the Code Enforcement Officer that the basis for the certificate
of vacancy no longer exists and the owner is in compliance with this
chapter.
A.
First year.
(1)
The owner/mortgagee of a vacant building or property shall pay an
annual fee of $500 for the first year the building remains vacant
or any portion of said year. The fee shall cover the administrative
costs for registering and processing the vacant building or property
and the cost for the Village in monitoring the vacant property or
building. The fee shall be paid upon filing of the registration form
as required by this chapter.
(2)
Failure to pay the fee shall result in said fee to be charged against
the land on which the building existed, as a municipal lien, or 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 stood
or shall be recovered in a suit at law against the owner.
B.
Second year.
(1)
The owner/mortgagee of a vacant building or property shall pay an
annual fee of $1,000 for the second year the building remains vacant.
The fee shall cover the administrative costs for registering and processing
the vacant building or property and the cost for the Village in monitoring
the vacant property or building. The fee shall be paid upon filing
of the registration form as required by this chapter.
(2)
Failure to pay the fee shall result in said fee to be charged against
the land on which the building existed, as a municipal lien, or 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 stood
or shall be recovered in a suit at law against the owner.
D.
Vacant building fees for buildings of 5,000 square feet or greater
shall be doubled.
E.
The fee shall be paid in full prior to the issuance of any subsequent
building permits, with the exception of a demolition permit.
A.
The owner of a vacant property may apply for a waiver of the fee imposed under § 44-10, above, through the Code Enforcement Officer, upon demonstrating compliance with the following conditions:
(1)
Said property owner is in compliance with § 44-8 of the Village Code and the completed and signed vacant building checklist is on file with the Code Enforcement Officer;
(2)
Said property owner, if owning other properties in the Village of
Nassau, is in full compliance with all applicable codes at those locations
and is current in all taxes collectible by the Village;
(3)
Said property owner shall add the Village of Nassau as an additional
named insured and alternate payee for property insurance; and
(4)
Said property owner must submit to the Village of Nassau a written
plan detailing any and all work to be done during the duration of
the applied-for waiver, including a scope of work, photographic documentation
of proposed work area(s), project schedule and cost estimate of work
to be undertaken. Said work plan shall be reviewed by the Code Enforcement
Officer for approval and issuance of a building permit. As the goal
of this waiver is to encourage investment in vacant properties, the
owner must obtain a certificate of occupancy or certificate of compliance
on or before the termination date of the waiver. It is also the owner's
responsibility to submit to the Code Enforcement Officer a quarterly
reporting form, due within 10 days of the close of each calendar quarter,
detailing the work accomplished in the preceding three-month period,
including photographic documentation and receipts for labor and materials.
The reporting form will be compared to the previously submitted work
plan for compliance with the request for the waiver. Should it be
determined that the submitted report does not meet the criteria set
forth in the owner-submitted work plan, and the Code Enforcement Officer
revokes the waiver, the owner may appeal the decision to the Mayor.
Code enforcement reserves the right to conduct a visual inspection
of the property to verify completed work. Failure to comply with any
of these provisions will result in the revocation of the waiver and
the assessment of all unpaid vacancy fees; or
(5)
If the said property is being listed for sale, the owner shall provide
proof to the Code Enforcement Officer each month during the waiver
period that the vacant property is listed for sale with a licensed
real estate broker (copy of MLS listing is suitable proof), and that
a realty sign is installed and visible and the property is being advertised
in a minimum of three Internet placements. Additionally, the property
must be listed for a reasonable price (not to exceed 135% of the full
value assessment). Failure to comply with any of these provisions
will result in the revocation of the waiver and the assessment of
all unpaid vacancy fees.
B.
The granting of the waiver does not relieve said property owner from
any other property maintenance and code compliance responsibilities.
Should the property for which the waiver was granted be found in violation
of other code requirements during the waiver period, the property
is subject to being cited under the Village Code.
A.
Any building exempted from registration pursuant to the provisions
of the New York State Real Property Actions and Proceedings Law or
other controlling federal or New York State law.
B.
A building which has been vacant for longer than one year but less
than two years may request waiver of the fees set forth above upon
submission of satisfactory proof of reasonable attempts to secure
appropriate occupants or tenants for the building. The decision regarding
said waiver shall rest in the discretion of the Code Enforcement Officer
and may be appealed in writing within 30 days to the Mayor of the
Village of Nassau.
C.
A building or property which has suffered fire damage or damage caused
by extreme weather conditions shall be exempt from the registration
requirement for a period of 180 days after the date of the fire or
extreme weather event if the property owner/mortgagee submits a request
for exemption in writing to the Code Enforcement Officer. This request
shall include a description of the property; the names and addresses
of the owner and/or mortgagee; and a statement of intent to repair
and reoccupy the building in an expedient manner or intent to demolish
the building.
D.
Additional exceptions to this chapter shall be if, in the sole and
reasonable discretion of the Code Enforcement Officer, the property
is subject to any one or more of the following:
(1)
A valid open building permit being pursued with diligence, not to
exceed 12 months from the time the property became vacant;
(2)
A pending land use application, including site plan, subdivision
or special permit application, being pursued with diligence, not to
exceed 12 months from the time the property became vacant;
(3)
A pending application to a governmental body being pursued with diligence
for an approval pertaining to the physical improvement of the property,
not to exceed 12 months from the time the property became vacant;
(4)
The current owner/occupier is absent from the property while receiving
health-related care as an inpatient of a residential health-care facility,
not to exceed 12 months.
A.
No building shall become unsafe to the public or to inhabitants in
the Village of Nassau. In the event that said property now is, or
hereafter becomes, dangerous or unsafe to the public as determined
by the Village of Nassau Building Inspector, from any cause whatsoever,
the said owner or occupant shall repair or remove the condition or
else shall secure the property. In the event of the failure of the
owner of such property to repair or remove the condition or to adequately
secure the property, the Building Inspector shall make a complete
inspection and report of the condition of said property to the Board
of Trustees. If the building is deemed dangerous or unsafe notice
shall thereafter be served on the owner, or some one of the owners,
executors, legal representatives, agents, lessees or any other person
having vested or contingent interest in the said property, either
personally or by registered mail, addressed to the last known address,
if any, of the owner or of some one of the owners, executors, legal
representatives, agents, lessees or any other persons having a vested
or contingent interest in same, as shown by the records of the Receiver
of Taxes and/or in the office of the County Clerk. The said notice
shall contain:
(1)
A description of the said property.
(2)
A statement of the particulars in which said property is unsafe or
dangerous.
(3)
An order requiring the said property to be made safe and secure or
else the dangerous condition removed.
(4)
The time within which the person served with the said notice shall
commence and complete the securing of the said property or removal
of the dangerous or unsafe condition.
(5)
A time and place when the Board of Trustees shall conduct a public
hearing for the purpose of determining whether the Village should
secure the said property.
B.
If service of notice is made by registered mail, a copy of such notice
shall be posted on said property. In the event of the neglect or refusal
of the person so served with the said notice to comply with same,
the Board of Trustees of said Village shall conduct a public hearing
at the time and place specified in said notice for the purpose of
determining whether the said property has become dangerous or unsafe
to the public and whether the Village should secure the said such
property. The Board of Trustees may then authorize the work to be
done to secure such property and pay the cost out of the general funds
appropriated by the Board of Trustees for such purpose. In the case
of such failure to comply, the owner and/or person in control of said
property is deemed to consent to the right of entry by the Village
officials for the sole purpose of inspecting and correcting such condition.
C.
Enforcement. Whenever the Building Inspector shall find a building or structure or a portion thereof to be a dangerous or unsafe, he/she shall give the owner, agent or person in control of such building or structure written notice stating the defects thereof. This notice shall require the owner within a stated time either to meet all requirements of this chapter, to register as a vacant building, complete specified repairs or improvements, or to demolish and remove the building or structure or portion thereof. When the Code Enforcement Officer determines that there is need for emergency enforcement of an unsafe structure, Subsection D, below, shall be met.
D.
Emergency enforcement and costs.
(1)
If the Building Inspector finds that there is actual and immediate
danger of failure or collapse so as to endanger life, such notice
shall require the building, structure or portion thereof to be vacated
forthwith and not reoccupied until the specified repairs and improvements
are completed, inspected and approved by the building official. The
Building Inspector shall cause to be posted at each entrance of such
building a notice which includes the statement that, THIS BUILDING
IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING
INSPECTOR, VILLAGE OF NASSAU. Such notice shall remain posted until
the required repairs or demolition is completed. It shall be unlawful
for any person, firm or corporation or their agents or other servants
to remove such notice without written permission of the Building Inspector,
or for any person to enter the building except for the purpose of
making the required repairs or of demolishing the same.
(2)
In case the owner, agent or person in control cannot be found within
the stated time limit, or if such owner, agent or person in control
shall refuse, neglect or fail to comply with the notice to repair,
rehabilitate or to demolish and remove such buildings or structure
or portion thereof, the Village Board shall be advised of all the
facts in the case and shall undertake an appropriate action in the
courts to compel compliance.
E.
In case of emergency which, in the opinion of the Building Inspector,
involves imminent danger to human life or health, he/she shall promptly
cause such building, structure or portion thereof to be made safe
or removed. For this purpose, he/she may at once enter such structures
or land on which it stands or abutting land or structure with such
assistance and at such costs as may be necessary. He/she may gate
adjacent structures and protect the public by appropriate barricades
or such other means as be necessary and for this purpose may close
a public or private way. Costs incurred under this subsection shall
be paid out of the Municipal Treasury on certificate of the Building
Inspector. Such costs shall be charged to the owner of the premises,
and the amount thereof shall be levied in the same manner as a tax
against the property or may be collected pursuant to the provisions
of § 78(b) of the General Municipal Law of the State of
New York or as may be amended.
F.
In cases where it reasonably appears that there is immediate danger
to the life or safety of any person unless the unsafe property as
defined herein is immediately repaired, removed or secured, the Building
Inspector shall report such facts to the Board of Trustees, and the
Board of Trustees shall cause the immediate repair, removal or securing
of such unsafe property.
G.
No trespassing. In addition to serving a notice on the owner as provided
in this subsection, the Board of Trustees may, if it determines that
the purpose of this chapter will be further effectuated, order that
no person other than the owner or his agent shall enter upon the property
and shall post on such property signs indicating "no trespassing."
When such a determination is made, notice of such fact shall be included
in the notice to the owner. Anyone found trespassing in violation
of this section shall be liable for a fine not to exceed $50 for each
offense.
H.
Reimbursement of costs. The Village shall be reimbursed for the cost
of the work performed or the services rendered, as hereinabove provided,
by assessment against the lots or parcels of land where such work
was performed or services were rendered, for so much of the actual
or complete cost as incurred upon and from each lot or lots, by the
assessment of all such costs or such removal, including legal fees,
against the real property affected.
If an owner and/or mortgagee of such property shall violate
any portion of this chapter, such person shall be subject to a fine
of not more than $500 or 30 days in jail, or both, with the understanding
that each day a violation continues shall be deemed a separate offense.
