[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.]
GENERAL REFERENCES
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:
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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]
A.
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.
B.
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.
