[HISTORY: Adopted by the Board of Trustees of the Village of Croton-on-Hudson
6-13-1977 by L.L. No. 11-1977. Sections 90-3, 90-8, 90-9 and 90-11 amended
at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other
amendments noted where applicable.]
All buildings or structures which are structurally unsafe, insanitary
or which constitute a fire hazard or are otherwise dangerous to human life
or which constitute a hazard to safety or health are, for the purpose of this
chapter, "unsafe buildings." All unsafe buildings are hereby declared to be
illegal and shall be abated by repair and rehabilitation or by demolition
in accordance with the procedure of this chapter.
No person, firm, corporation or association, who or which is the owner
of a building in the Village of Croton-on-Hudson, shall cause, suffer, allow
or permit said building to become or remain an unsafe building. In the event
that any building now is or hereafter becomes an unsafe building from any
cause whatsoever, said owner or occupant shall promptly repair or remove said
building.
In the event of the failure of the owner of any such building to repair
or remove the same, the Village Engineer or his designee shall make a complete
inspection and report of the condition of said building to the Board of Trustees
of the village. The Village Engineer shall cause notice to be served on the
owner or some one of the owners, executors, legal representatives, agents,
lessees or any other person having a vested or contingent interest in said
building. Said notice shall contain a description of the premises, a statement
of the particulars in which the building or structure is unsafe or dangerous
and an order requiring said building or structure to be made safe and secure
or be removed. Said notice shall also provide for the time within which the
person served with said notice shall commence and complete the securing or
removal of the building or structure. If service shall be made by registered
or certified mail, a copy of the notice shall be posted on the premises.
In the event of the neglect or refusal of the person so served with
said notice to comply with the same, a survey of the premises shall be made
by the Village Engineer and a practical builder, engineer or architect named
by the Board of Trustees and a practical builder, engineer or architect appointed
by the person notified as above; and, in the event of the refusal or neglect
of the person so notified to appoint such surveyor, the two surveyors named
shall make the survey and report.
The notice referred to in § 90-3 above shall further provide that, in the event that the building or other structure shall be reported dangerous or unsafe under such survey, an application will be made at any term of the Supreme Court, Westchester County, or any other court of competent jurisdiction for an order determining the building or other structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed.
A signed copy of the report of the survey shall be posted on the building,
and the surveyor appointed by the Board of Trustees may be compensated by
the village.
In case the owner, agent, lessee, occupant or other person having an interest in the building cannot be found within the stated time limit or if such person shall fail, neglect or refuse to comply with said notice to repair and rehabilitate or to demolish and remove said unsafe building or portion thereof after it has been found unsafe or dangerous in the survey provided for in § 90-4 above, the Board of Trustees shall be advised of all the facts in the case and shall be empowered to institute an appropriate action in the Supreme Court, Westchester County, or other court of competent jurisdiction to compel compliance or, alternatively, to authorize the village to take the necessary action at the owner's expense.
If the Village Engineer finds that there is actual and immediate danger of failure or collapse so as to endanger life, the notice provided for in § 90-3 above shall also require the building 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 Village Engineer shall cause to be posted at each entrance to such building a notice reading: "This building is unsafe, and its use or occupancy has been prohibited by the Village Engineer." Such notice shall remain posted until the required repairs are made 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 Village Engineer or for any person to enter the building except for the purpose of making the required repairs or demolishing the same.
In cases of emergency which, in the opinion of the Village Engineer
or his designee, involve imminent danger to human life or health, he shall
promptly cause such building, structure or portion thereof to be made safe
or removed. For this purpose, he may at once enter such structure or land
on which it stands or abutting land or structure, with such assistance and
at such cost as may be necessary. He may vacate adjacent structures and protect
the public by appropriate barricades or such other means as may be necessary
and, for this purpose, may close a public or private way.
All costs and expenses incurred by the village in connection with any
and all of the above proceedings to remove or secure, including the cost of
actually removing said building or structure or securing the same, shall be
assessed against the land on which the building or structure is located.
If such owner or persons served with the notice provided for in § 90-3 above shall fail to pay the costs and expenses incurred by the village within 10 days after being notified of the costs thereof by registered or certified mail, the Village Clerk shall file, immediately preceding the time for making the annual assessment roll, a certificate of such actual cost and expense with a statement as to the property upon which such cost and expense were incurred and the buildings or other obstructions removed, as the case may be, with the Assessor of the village, who shall, in the preparation of the next assessment roll of general village taxes, assess such amount upon such property, and the same shall be levied, collected and enforced in the same manner, by the same proceedings, at the time, under the same penalties and having the same lien upon the property assessed as the general village tax and as a part thereof.
