[HISTORY: Adopted by the Board of Trustees
of the Village of Haverstraw as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 137.
[Adopted 10-23-1963]
The Board of Trustees shall provide for the
removal or repair of buildings in business, industrial and residential
sections that, from any cause, may now be or shall hereafter become
dangerous or unsafe to the public, as follows.
[Added 8-11-1997 by L.L. No. 4-1997]
As used in this article, the following terms
shall have the meanings indicated:
Any building or structure or portion thereof which:
A.
Has interior walls or other vertical structural members
which list, lean or buckle to such an extent that a plumb line passing
through the center of gravity falls outside of the middle 1/3 of its
base.
B.
Exclusive of foundation, shows 33% or more of damage
to or deterioration of the supporting member or members or 50% of
damage to or deterioration of the nonsupporting enclosing or outside
walls or covering.
C.
Has improperly distributed loads upon the floors or
roofs or in which the same are overloaded or have insufficient strength
to be reasonably safe.
D.
Has been damaged by fire, wind, lack of maintenance
or repair or other causes so as to have become dangerous to life,
safety, morals or the general health and welfare of the occupants
or the people of the Village of Haverstraw.
E.
Has become or is so dilapidated, decayed, unsafe or
unsanitary or which fails to provide the amenities essential to decent
or safe use or occupancy such that it is unfit for human use or occupancy
or is likely to cause sickness or disease, so as to cause injury to
the health, morals, safety or general welfare of those using or occupying
the building.
F.
Has light, air and sanitation facilities which are
inadequate to protect the health, morals, safety or general welfare
of human beings who live or may live therein.
G.
Has inadequate facilities for egress in case of fire
or panic or insufficient stairways, elevators, fire escapes or other
means of communication.
H.
Has parts thereof which are so attached that they
may fall and injure members of the public or property.
I.
Because of its condition, is unsafe, unsanitary or
dangerous to the health, morals, safety or general welfare of the
people of the Village of Haverstraw.
J.
Is open at the doorways or windows or walls, making
it accessible to and an object of attraction to minors under 18 years
of age, as well as to vagrants and other trespassers.
K.
Is a place of rodent infestation.
L.
Consists of debris, rubble or parts of buildings left
on the ground after abandonment or demolition, reconstruction, fire
or other casualty.
M.
Presents any other danger to the public health, safety
or general welfare.
[Amended 8-11-1997 by L.L. No. 4-1997]
The Code Enforcement Officer or Village Engineer
shall make an inspection and a report of such unsafe building or collapsed
structure.
[Amended 8-11-1997 by L.L. No. 4-1997]
Said official shall cause a notice to 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 the same, either personally or by certified mail, addressed
to the last known address, if any, of the owner or some one of the
owner's executors, legal representatives, agents, lessees or other
person having a vested or contingent interest in the same, as shown
by the records of the Receiver of Taxes and/or in the office of the
County Clerk, containing a description of the premises, a statement
of the particulars in which the said building or structure is unsafe
or dangerous, and an order requiring the same to be made safe and
secure or removed; and to commence the work within 20 days and complete
the work within a reasonable period, which time shall not be less
than 10 days nor more than 30 days from service of the notice, which
time limit may be extended by the Board of Trustees for good cause
shown; and if such service be made by certified mail, a copy of such
notice shall be posted on the premises.[1]
[1]
Editor's Note: Former Section 4, removal after
notification, which immediately followed this section, was deleted
8-11-1997 by L.L. No. 4-1997.
The Board of Trustees of the Village of Haverstraw,
New York shall cause a survey of such unsafe buildings or collapsed
structures in the event of the neglect or refusal of the person so
served with notice to comply with the same, said survey to be made
by an official of the Village of Haverstraw, New York, and a practical
builder, engineer or architect to be named by such 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 persons named
shall make the survey and report.
The notice so served shall also state that in
the event that the building or other structure shall be reported unsafe
or dangerous under such survey, an application will be made at a Special
Term of the Supreme Court in the judicial district in which the property
is located, and not less than five days nor more than 10 days after
such report, 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.
[Added 8-11-1997 by L.L. No. 4-1997]
A.
All expenses incurred by the village in connection
with the proceedings to repair and secure or demolish and remove the
unsafe building, including without limitation the cost of actually
repairing and securing or demolishing and removing such building,
title search expenses and attorney's fees, shall be assessed against
the land on which such building is located and shall be levied and
collected in the same manner as provided for the levy and collection
of real property taxes.
B.
The Board of Trustees may commence a special proceeding
pursuant to § 78-b of the General Municipal Law to collect
the costs of demolition, including reasonable and necessary legal
expenses.
The Board of Trustees of said village shall
cause the posting of a signed copy of the report of survey on the
building and provide for the compensation of the surveyors.
[Adopted 7-19-1993 by L.L. No. 1-1993]
It is the finding of the Board of Trustees of
the Village of Haverstraw that the existence of abandoned and unattended
buildings or parts of buildings within the Village of Haverstraw which
may or may not be structurally sound, constitute a danger and a threat
to the safety, health, comfort and general welfare of this village.
It is thus the intent of this article to provide for the protection
of property, the preservation of peace and good order, the suppression
of vice, the benefit of trade and the preservation and protection
of public works as provided by Article 4, § 4-412, of the
Village Law.
The following words and phrases as used in this
article shall have the meaning hereinafter ascribed to them. All other
words and phrases shall have the meaning normally ascribed to them.
The duly elected and constituted Board of Trustees of the
village.
House, shed, fence or other man-made structure, or part of
any such house, shed, fence or structure.
The Incorporated Village of Haverstraw.
For the purposes of this article, a dangerous
building is declared to be:
A.
Any building which is dangerous to the public health,
safety and general welfare because of its condition and which may
cause or aid in the spread of disease or injury to the health, safety
or general welfare of the occupants of it or of neighboring buildings;
B.
Any building which, because of lack of proper repair,
construction or supervision, constitutes or creates a fire hazard;
or
C.
Any building which because of its condition or because
of a lack of proper windows or doors is available to and frequented
by malefactors or disorderly persons.
Any owner, occupant or person in custody of real property located within the village who allows or permits a building to continue as a dangerous building after due notice as provided in § 205-13 below shall be guilty of a violation of this article and shall be punished as provided in § 205-15 below.
[Amended 8-11-1997 by L.L. No. 4-1997]
Whenever the Board of Trustees shall have reasonable
cause to believe that any building in the village is a dangerous building,
a statement setting forth such facts shall be filed by the Mayor with
the Village Clerk. The Clerk shall thereupon cause written notice
to be served upon the owner or occupant thereof, if any, by registered
mail or by personal service. Such notice shall state that the building
has been declared a dangerous building and that necessary repairs
or improvements must be begun within 15 days after service of such
notice, or such person or persons will be charged with a violation
of this article. Such notice shall be in substantially the following
form:
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TO: _____________________________________
FROM: VILLAGE OF HAVERSTRAW BOARD OF TRUSTEES
You are hereby notified that the Board of Trustees
of the Village of Haverstraw has determined that the building owned
by you and located at _________________ has been declared a dangerous
building as provided for and defined in Local Law Number ________
of 19_____ in that (herein insert particulars) after inspection by
_____________________________. In accordance with the provisions of
such local law, you are hereby directed to begin all necessary repairs
or improvements within 15 days after service of this notice. Failure
to so comply will result in a violation of Local Law Number ______
of _____________________ which provides for a penalty, upon conviction
of a fine not to exceed $250, imprisonment for not more than 15 days,
or both, for each week of such violation.
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[Amended 8-11-1997 by L.L. No. 4-1997]
In addition to serving a notice on the owner or occupant as provided in § 205-13 above, the Board of Trustees may, if it determines that the purposes of this article will be further effectuated, order that no person other than the owner or his agent shall enter upon the property, and shall post on such property signs indicating no trespassing. When such a determination is made, notice of such fact shall be included in the notice to the owner or occupant referred to in § 205-13 above. Anyone found trespassing in violation of this section shall be liable for a fine not to exceed $100 for each offense. Any village official in the performance of his or her duties may enter the premises for purposes of inspection.
[Amended 8-11-1997 by L.L. No. 4-1997; 10-17-2022 by L.L. No.
3-2022]
Except as provided in § 205-14 above, any person, association, organization, corporation, company or business entity found guilty of violating this article shall be liable for a fine not to exceed $250; which charge, under this article, shall be a petty offense or infraction, and not a crime. The continuation or repeat of a violation of, or failure to comply with, any provision of this article shall constitute, for each occurrence that transpires or each day on which the violation continues, a separate and distinct charge hereunder.
