[HISTORY: Adopted by the Board of Trustees
of the Village of Maybrook 9-9-1985 by L.L. No. 8-1985 by Chapter 30 of the
1979 Municipal Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 99.
[Amended 11-15-2012 by L.L. No. 1-2012]
Unsafe buildings pose a threat to life and property
in the Village of Maybrook. Buildings and structures may become unsafe
by reason of abandonment or damage by fire, the elements, age, or
general deterioration. Abandoned buildings not properly secured at
doorways and windows serve as an attractive nuisance for young children
who may be injured therein, and also create an opportunity for a dumping
ground for trash, rubbish and debris, a breeding ground for vermin
and a gathering place for vagrants, transients, and persons engaging
in illegal activity. A dilapidated building may also serve as a place
of rodent infestation, thereby creating a health menace to the community.
Debris, rubble or parts of buildings left on the ground and not removed
constitute a dangerous, unhealthy and unsightly condition. It is the
purpose of this chapter to provide for the safety, health, protection
and general welfare of persons and property in the Village of Maybrook
by requiring such unsafe or abandoned buildings to be repaired or
demolished or removed.
As used in this chapter, the following terms
shall have the meanings indicated:
When the owner of a building or premises has, directly or
indirectly, by action or inaction, caused or failed to correct a serious
health and/or safety violation at a building or on the surrounding
property. A serious health and/or safety violation may be found, by
way of example only, and without limitation, where the health, safety
and welfare of the community is or may be at risk due to conditions
such as:
[Added 11-15-2012 by L.L. No. 1-2012]
Where a building is vacant; however, vacancy is not a prerequisite
to a finding of abandonment;
Where there exists a lack of maintenance of a building or grounds
that presently or potentially poses a risk to the public health, safety
or welfare;
Where a building is not structurally sound or where the building
or its interior is otherwise unfit for healthy or safe habitation
or access;
Where vandalism at the property has gone unrepaired;
Where a lack of maintenance or use of the property promotes
a degradation of the surrounding community affecting the public health,
safety and welfare.
Any building, structure or portion thereof used for residential,
business, industrial, recreational or other purpose.
The Building Inspector of the Village of Maybrook and his
duly appointed assistants or deputies or such other person appointed
by the Board of Trustees to enforce the provisions of this chapter.
Any debris, rubble or parts of a building which remain on
the ground or on the premises after demolition, reconstruction, fire
or other casualty.
Any building or structure or portion thereof which:
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.
Exclusive of the 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.
Has improperly distributed loads upon the floors
or roofs or in which the same are overloaded or have insufficient
strength to be reasonably safe for the purpose used.
Has been damaged by fire, wind 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
Maybrook.
Has become or is so dilapidated, decayed, unsafe
or unsanitary or which so utterly fails to provide the amenities essential
to decent living that it is unfit for human habitation or is likely
to cause sickness or disease, so as to cause injury to the health,
morals, safety or general welfare of those living therein.
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.
Has inadequate facilities for egress in case
of fire or panic or insufficient stairways, elevators, fire escapes
or other means of communication.
Has parts thereof which are so attached that
they may fall and injure members of the public or property.
Because of its condition, is unsafe, unsanitary
or dangerous to the health, morals, safety or general welfare of the
people of the Village of Maybrook.
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.
Is or may become a place of rodent infestation.
Consists of debris, rubble or parts of buildings
left on the ground after demolition, reconstruction, fire or other
casualty.
A.
It shall be unlawful for any owner, tenant or occupant of any building or structure or portion of any building or structure in the Village of Maybrook to maintain such building or structure or portion of such building or structure in any condition or manner which shall be unsafe or abandoned as defined in § 81-2 of this chapter.
[Amended 11-15-2012 by L.L. No. 1-2012]
B.
Any owner, occupant or person in custody of real property located within the Village of Maybrook who allows or permits a building to continue as a dangerous building after due notice as provided in § 81-5 below shall be guilty of a violation of this chapter and shall be punished as provided in § 81-11 below.
[Amended 11-15-2012 by L.L. No. 1-2012]
When, in the opinion of the Building Inspector, any building or structure located in the Village of Maybrook shall be deemed to be abandoned, dangerous, or unsafe to the public as defined in § 81-2, the Building Inspector shall have the right to enter upon such lands and/or enter such buildings and make a formal inspection thereof and report, in writing, to the Board of Trustees his finding and recommendations in regard to the building's or structure's removal or repair.
[Amended 11-15-2012 by L.L. No. 1-2012]
The Board of Trustees shall thereupon consider
said report, and, if it finds that such building or structure is abandoned,
dangerous and/or unsafe to the public, it shall, by resolution, order
its repair if the same can be safely repaired, and if not, its removal
and demolition, and shall further order that a hearing be held before
the Village Board at a time and place therein specified and on at
least five days' notice to the owner of the building or structure
or persons having an interest therein to determine whether said order
to repair or remove shall be affirmed or modified or vacated and,
in the event of modification or affirmance, to assess all costs and
expenses incurred by the village in the repair or removal of such
building or structure against the land on which said building or structure
is located.
[Amended 12-9-1991 by L.L. No. 6-1991]
In addition to serving the notice as provided in § 81-5 above, the Village Board may, if it determines that the purposes of this chapter 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 referred to in § 81-5 above. Anyone found trespassing in violation of this section shall be punished as provided in Chapter 1, General Provisions, Article II, Penalties for Offenses.
This notice shall contain the following statements:
A.
The name of the owner or person in possession as appears
from the tax and deed records.
B.
A brief description of the premises and its location.
C.
A description of the building or structure which is
abandoned, unsafe, or dangerous and a statement of the particulars
supporting a finding of abandonment, or an unsafe or dangerous condition.
[Amended 11-15-2012 by L.L. No. 1-2012]
D.
An order requiring the same to be made safe and secure
or to be removed.
E.
That the securing or removal of said building or structure
shall commence within a specified number of days of the service of
the notice and shall be completed within a specified number of days
thereafter.
F.
The time and place of the hearing to be held before
the Board of Trustees, at which hearing the owner or occupant shall
have the right to contest the order and findings of the Board of Trustees.
G.
That in the event that such owner, occupant or other
person having an interest in said premises shall fail to contest such
order and fail to comply with the same, the Board of Trustees will
order the repair or removal of such building by the Village and that
the Village will assess all costs and expenses incurred in such removal
against the land on which such building or structure is located.
H.
That in any case where a building which is required
to be made safe and secure under this chapter is made safe by the
boarding up thereof, the material for such boarding shall be painted,
as near as practicable, the same color as the building.
A.
A copy of said notice shall be personally served upon
the owner or one of the owners, executors, legal representatives,
agents, lessees or other person having a vested interest in the premises
as shown on the Village tax records or in the records in the Orange
County Clerk's office.
B.
If no such person can be reasonably found for personal
service, then a copy of said notice shall be mailed to such person
by registered mail addressed to his last known address as shown on
said records and by personally serving a copy of said notice upon
any adult person residing in or occupying said premises or by securely
affixing a copy of said notice upon said building or structure.
C.
A copy of said notice may be filed in the Orange County
Clerk's office, which notice shall be filed in the same manner as
a notice of pendency pursuant to Article 65 of the Civil Practice
Law and Rules and shall have the same effect as a notice of pendency
as therein provided. A notice so filed shall be effective for a period
of one year from the date of filing. It may be vacated upon an order
of a Judge or Justice of a court of record or upon the written consent
of the Village Attorney or Attorney for the Village. The Orange County
Clerk shall mark such notice and any record or docket thereof as cancelled
or upon the presentation and filing of such consent or of a certified
copy of such order.
The Board of Trustees shall conduct the public
hearing at the time and place specified in the notice to repair or
demolish. It may adjourn the hearing from time to time until all interested
parties are heard and until the hearing is completed. At the conclusion
of the hearing, the Board of Trustees shall determine by resolution
to revoke the order to repair or remove, modify said order to continue
or affirm said order to direct the owner or other persons to complete
the work within the time specified in the order or such other time
as shall be determined by the Board of Trustees.
A.
In the event of the refusal, failure or neglect of
the owner or person so notified to comply with said order of the Board
of Trustees within the time specified in said order and after the
public hearing, the Board of Trustees shall provide that such building
or structure be made safe and secure or removed and demolished by
Village employees or by independent contractors. Except in emergency
cases as herein provided, any contract for repair or demolishing and
removal of a building or structure in excess of $5,000 shall be awarded
through competitive bidding.
B.
In the event of the refusal, failure or neglect of
the owner or person so notified to comply with said order of the Board
of Trustees within the time specified in said order and after the
public hearing, such owner or person shall be guilty of a violation
under the Penal Law.
[Amended 12-9-1991 by L.L. No. 6-1991]
[Amended 11-15-2012 by L.L. No. 1-2012]
All expenses incurred by the Village in connection
with the proceedings to repair and secure or demolish and remove the
abandoned or unsafe building, including the cost of removing such
building and attorneys 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.
[Amended 11-15-2012 by L.L. No. 1-2012]
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless an abandoned or unsafe building or structure is immediately repaired and secured or demolished, the Board of Trustees may, by resolution, authorize the Building Inspector to immediately cause the repair or demolition of such abandoned or unsafe building or structure. The expenses of such repair or demolition, including any associated attorneys' fees incurred by the Village, shall be charged against the land on which it is located and shall be assessed, levied and collected as provided in § 81-10 hereof.
The Board of Trustees, in its discretion, may
elect to apply to the Supreme Court of the State of New York for an
order directing that the building be repaired and secured or demolished
and removed.
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.
