[HISTORY: Adopted by the Board of Trustees of the Village of Old
Westbury 8-18-1986 by L.L. No. 4-1986.
Amendments noted where applicable.]
A.
No person, firm, corporation or association who or which
is the owner of a building or structure in the Village of Old Westbury shall
cause, suffer, allow or permit said building or structure to become dangerous
or unsafe to any person. In the event that any building or structure now is
or hereafter becomes dangerous or unsafe to any person, from any cause whatsoever,
said owner or occupant shall repair or demolish and remove said building or
structure.
B.
In the event of the failure of the owner of any such
building or structure to repair or remove it, a person duly appointed by the
Board of Trustees of the Village of Old Westbury shall make a complete inspection
and report of the condition of said building or structure to the Board of
Trustees of said Village. Notice shall thereafter be served on the owner or
one of the owners, executors, legal representatives, agents, or lessees or
any other person having a vested or contingent interest in said building,
either personally or by registered mail, addressed to the last known address,
if any, of the owner or some one of the owners, executors, legal representatives,
agents or lessees or any other person having a vested or contingent interest
in same, as shown by the records of the Village Clerk.
C.
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 the building or structure to be made safe
and secure or removed; and if the service of said notice is made by registered
mail, a copy of such notice shall be posted on the premises. 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.
D.
In the event of the neglect or refusal of the person
so served with said notice to comply with it, an inspection of the premises
shall be made by an official of the Village and an engineer or architect to
be named by the Board of Trustees of said Village and an engineer or architect
appointed by the person notified as above. In the event of the refusal or
neglect of the person so notified to appoint such person, the inspection shall
be made by those appointed by the Board of Trustees. If the inspectors find
by majority vote that the building or structure is dangerous or unsafe, an
application shall be made by means of a Special Proceeding in Supreme Court,
Nassau County, not less than five nor more than 10 days thereafter for a judgment
or order determining that the building or other structure is a public nuisance
and directing that it shall be repaired and secured or taken down and removed.
A signed copy of the report shall be posted on the building, and the
inspectors shall be compensated by the Village.
All costs and expenses incurred by the Village, including attorney and
engineering fees, 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 as a Village tax against
the land on which the building or structure is located.
