[HISTORY: Adopted by the Village Board of the Village of Port Chester 2-7-1983 as L.L. No. 2-1983. Amendments noted where applicable.]
Building and fire prevention — See Ch. 151.
In the event that the Building Inspector of the Village of Port Chester shall determine that a building is unsafe and/or unfit for human habitation, he shall:
Give notice thereof by personal service or by certified mail directed to the owner and address shown on the latest Village of Port Chester assessment roll. The owner thereof shall then have 60 days from the receipt of such notice to obtain all necessary permits and to correct such defects or to remove said building or structure. For good cause shown, in writing to the Building Inspector, the Building Inspector, in his discretion, may extend the time to correct or remove, but not for longer than 120 days.
Post a copy of such notice on the building, and from and after such posting the building shall be vacated and not reoccupied until certified as safe and/or habitable by the Building Inspector of the Village of Port Chester.
Any aggrieved person may obtain a hearing before the Village Board by filing a written application with the Village Clerk setting forth the grounds thereof not later than 10 days after receipt by the owner of the unsafe and/or unfit notice. On the filing of such application, the Village Clerk shall set a hearing at the next regular meeting of the Village Board and give notice thereof to applicant.
The Village Board, after such hearing, shall either grant such application with or without condition or deny the same with or without an extension of time to complete. The Village Clerk shall give notice of the determination to the applicant by certified mail.
If the Building Inspector shall determine that a building or structure is an immediate danger to persons or property, he shall immediately post the same requiring all persons to remove therefrom and make reasonable effort to notify the owner shown on the latest village assessment roll personally or by telephone.
At the same time, the Building Inspector shall notify the Village Manager who shall go to the site and, if warranted, shall authorize the Village Attorney to apply for an order to show cause in the Village Justice or Supreme Court to require removal of all persons from such building and closing of the same or to the Supreme Court only for the removal of such building by the owner or, in the alternative, by the village with the right of the Village Board to charge the cost thereof against the property and collect the same in the same manner as village taxes are collected and to declare such costs to be a tax lien against such property until paid.
[Amended 11-6-1989 by L.L. No. 21-1989]
Any person violating the provisions of this chapter shall be guilty of an offense and shall be subject to a fine of $100 for each day such violation shall continue.
Upon authorization from the Village Board, the Village Attorney and/or Corporation Counsel shall bring action in the Supreme Court having jurisdiction to cause removal of said building or structure, or to obtain authorization to have the village remove the same. In the event that said building or structure shall be removed by the village, the cost thereof, including the cost of the action for removal, shall be an assessment against the property on which such building or structure sits, to be collected in the same manner as village taxes are collected against other properties on the village assessment roll, and shall constitute a lien against such property until paid, and in addition, such amounts may be collected by action under § 78-6 of the General Municipal Law.