[HISTORY: Adopted by the Board of Trustees of the Village of Tarrytown 2-26-1959 as Ord. 5.2 of the 1959 Unified Code of Ordinances. Amendments noted where applicable.]
[Added 5-6-1991 by L.L. No. 5-1991]
As used in this chapter, the following terms shall have the meanings indicated:
- A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals or property.
- A. Any combination of materials which is constructed or erected which requires a location on the land or attachment to something having such location, including but not limited to:
- (1) Tents, trailers (whether movable or stationary) or other similar structures on wheels or other supports used for business or living purposes.
- (2) Stadiums, reviewing stands, tennis courts, platforms, porches, staging, gasoline pumps, standpipes, outside bins, swimming pools, pergolas, walks, fences, trellises, gates and gate posts, signs, driveways and paved walks.
- (3) Towers and antennas.
- B. The word "structure" shall be construed as though followed by the words "or part thereof."
No person who is the owner of any land in the village upon which a building or structure is erected or of any share or interest therein vested or contingent in fee or for years shall cause, permit or suffer said building or structure from any cause whatsoever to become dangerous or unsafe to the public.
In the event that any building or structure upon any land in the village now is or hereafter becomes dangerous and unsafe to the public from any cause whatsoever, the owner of said premises shall repair and make said building or structure safe and secure or remove the same.
In the event of the failure of the owner of such premises to make said building or structure safe and secure, the Building Inspector shall make an inspection of said building or structure and shall report its condition to the Board of Trustees in writing.
Notice shall thereafter be served on the owner, or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in said premises, either personally or by registered mail addressed to his last known address, if any, and, unless said notice is served personally, a copy of such notice shall be posted on said premises. Such notice shall contain the following:
A description of the premises.
A statement of the particulars in which the building or structure is unsafe or dangerous.
An order requiring said building or structure to be made safe and secure or removed.
The time within which the person served shall commence and the time within which he shall complete the securing or removal of said building or structure.
A demand that the person served shall name an engineer or architect to make a survey of the building. In the event that an engineer or architect is not named within a period of two weeks after the notice is served, the village shall have the right to name an engineer and architect and to bill the person served for said services of the engineer or architect.
[Amended 5-6-1991 by L.L. No. 5-1991]
A statement that in the event that said building or other structure shall be reported unsafe under such survey, an application will be made by the village at a special term of the Supreme Court, Westchester County, 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 razed and that in the event that such persons specified to repair, secure or take down and raze such building or structure fail to do so, the village will repair said building or structure and assess costs and expenses to accord with the Village Code.
[Amended 2-7-1994 by L.L. No. 4-1994]
A signed copy of the report of survey shall be posted on the premises, and the surveyors appointed by the Board of Trustees of the village shall be compensated.
All costs and expenses incurred by the village in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure, shall be assessed against the land upon which said building or structure is located. Notice of the amount thereof shall be given to the owner of said premises or the person served with said notice to remove or secure by registered mail.
Unless said costs and expenses incurred by the village shall be paid within 10 days after said notice, the Village Clerk, immediately preceding the time for making the annual assessment roll, shall file a certificate of such actual cost and expense, with a statement of the property upon which they were incurred and the building or structure removed or made secure with the Village Assessor, who shall, in the preparation of the next assessment roll for 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 proceeding, at the same time, under the same penalties and having the same lien upon the property assessed as the general village tax and as a part thereof.
In case of emergency where the delay of proceedings as hereinbefore provided would result in probable loss of life or property, the Mayor shall have the power to direct the Building Inspector to proceed at once to take the needed action to guard the safety of persons and property.