[HISTORY: Adopted by the Board of Trustees
of the Village of Plandome Manor 7-19-2005 by L.L. No. 4-2005 (Ch.
73 of the 2005 Code). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meaning indicated:
All buildings or structures which have any or all of the
following defects shall be deemed "dangerous buildings":
Those whose interior walls or other vertical
structural members list, lean or buckle to such an extent that a plumb
line passing through the center of gravity falls outside of the middle
third of its base.
Those which, exclusive of the foundation, show
33% or more of damage or deterioration of the supporting member or
members or 50% of damage or deterioration of the nonsupporting enclosing
or outside walls or covering.
Those which have improperly distributed loads
upon the floors or roofs or in which the same are overloaded or which
have insufficient strength to be reasonably safe for the purpose used,
as established by the New York State Building Code.
Those which have been damaged by fire, wind
or other causes so as to have become dangerous to life, safety or
the general health and welfare of the occupant or the people of the
Incorporated Village of Plandome Manor.
Those which have become or are so dilapidated,
decayed, unsafe, unsanitary or which so utterly fail to provide the
amenities essential to decent living that they are unfit for human
habitation or are likely to cause sickness, disease or injury to the
health, safety or general welfare of those living therein.
Those having light, air and sanitation facilities
which are inadequate to protect the health, safety or general welfare
of human beings who live or may live therein.
Those having inadequate facilities for egress
in case of fire or panic or those having insufficient stairways, elevators,
fire escapes or other means of communication.
Those which have parts thereof which are so
attached that they may fall and injure members of the public or property.
Those which because of their conditions are
unsafe, unsanitary or dangerous to the health, safety or general welfare
of the people of this Village.
The following standards shall be applied by
the Building Inspector and Board of Trustees of the Incorporated Village
of Plandome Manor in determining whether a structure requires repair,
vacation or demolition:
A.
If the dangerous building can reasonably be repaired
so that it no longer exists in violation of the terms of this chapter,
it shall be ordered repaired.
B.
If the dangerous building is in such condition as
to make it dangerous to health, morals, safety or general welfare
of its occupants, it shall be ordered to be vacated.
All dangerous buildings within the terms of § 78-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
The Board of Trustees shall have the power to condemn any building for demolition upon due cause. The Board of Trustees shall have power to require provision of improved or additional exits from places of public assembly if it has reason to believe that existing exits are inadequate or unsafe. When the Board of Trustees shall have reason to believe that any building is unsafe or a nuisance, it shall cause the owner thereof to be notified and shall grant the owner a reasonable time, depending on the urgency of the case, to remedy any unsafe condition or nuisance. It shall be the duty of any owner, within 48 hours after having received notice that his building is unsafe or a nuisance, to begin such work as may be necessary in the interest of public safety and to carry on such work diligently. The Board of Trustees shall have power, in case of necessity, to cause the premises to be vacated or the street or sidewalk to be closed or to take any other measures necessary for safety to persons or protection of property, including the building of temporary protective structures. The owner of the premises shall reimburse the Village for any expenditure involved in these actions. No building which shall have been vacated as the result of proceedings under this section shall thereafter be occupied until a certificate of occupancy shall have been issued as provided in § 88-12 of this Code. In all such cases, a full report of facts shall be made to the Board of Trustees.
A.
Upon the determination by the Board of Trustees that
a structure is a dangerous building or a nuisance, a written notice
shall be served by mail upon the record owner of the building, as
it appears in the tax records of the Village, setting forth a date
and time for a hearing before the Board of Trustees at the Village
Hall. The record owner shall be given at least seven days' notice
of the hearing. Upon conclusion of the hearing, the Board of Trustees
shall make a determination respecting the status of the structure.
If the structure is determined to be dangerous or a nuisance, the
owner thereof shall be given the opportunity to remove same within
30 days, and upon his failure to do so, the Village shall apply to
the Supreme Court of the State of New York in the County of Nassau
for an order of demolition. The costs, expenses and attorney's fees
for all aspects of the proceeding, including the hearing and any litigation
arising therefrom, shall be borne by the record owner of the property
and may be assessed in the same manner as a tax against the property.
B.
Nothing herein contained shall be construed to limit
the remedies available to the Village, in law or equity, including
but not limited to the issuance of summonses for violations of the
Code and the cancellation of any issued certificates of occupancy.
C.
The Board of Trustees shall thereafter hold a hearing
on such date specified to hear such testimony as the participants
to the proceeding or any persons having an interest in the building
or premises may submit.
D.
The Board of Trustees shall thereafter make written
findings from the testimony offered and make a determination as to
whether or not the building in question is a dangerous building or
a nuisance or the premises are improperly maintained within the terms
of this chapter.
E.
If the Board of Trustees finds that the building is
a dangerous building or a nuisance and should be demolished, vacated
or repaired, then the Board of Trustees shall issue a written order
directing either the owner, occupant, lessee, agent or other persons
known to have an interest in the building to repair, vacate or demolish
the building found to be dangerous or a nuisance within the provisions
of this chapter. Such order may be served personally or by ordinary
mail. If the individuals so receiving such order fail to comply with
the order within 30 days, then the Board of Trustees may cause such
building or structure to be repaired, vacated or demolished, as the
facts may warrant, and shall cause the costs of such repair, vacation
or demolition to be charged against the land on which the building
existed as a lien against such premises. Such costs shall be added
to the tax amount otherwise imposed upon said property.
F.
If the Board of Trustees finds that the premises are
improperly maintained, then it shall issue an order directing either
the owner, occupant, lessee, agent or other person known to have an
interest in the premises to maintain and otherwise bring the premises
into compliance with this chapter regarding maintenance of premises,
and upon failure to comply with the order within 30 days, then the
Board of Trustees may cause such premises to be brought into compliance,
and the costs thereof shall be a lien against the premises and added
to the tax amount otherwise imposed upon said property. Such order
may be served personally or by ordinary mail.
G.
In all cases where the Board of Trustees finds that
delay is dangerous or unsafe to the Incorporated Village of Plandome
Manor or to the residents therein or other buildings or structures
adjacent to the building in question, then the Board of Trustees shall
have the authority to immediately demolish the building as aforesaid
and assess the costs of such demolition against the land.
The provisions of this chapter shall be in addition to, and
in furtherance of, the New York State Uniform Fire Prevention and
Building Code, including but not limited to §§ 107
and 108 of the Property Maintenance Code of New York State.
Any person, firm or corporation who or which shall violate or fail, neglect or refuse to comply with any provision of this chapter or any order or determination made thereunder shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article I, Penalties and Assessments, of this Code.
