[HISTORY: Adopted by the Board of Trustees of the Village
of Lynbrook 10-20-1970 by Ord. No. 70-32 as Ch. 7, Art. XXX,
and as Ch. 7, Art. XXXII, of the 1967 Code of Ordinances; amended
in its entirety 5-14-2007 by L.L. No. 6-2007. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 81.
Moving of buildings — See Ch. 86.
Electrical standards — See Ch. 112.
Fire prevention — See Ch. 126.
Multiple dwellings — See Ch. 161.
Oil-burning equipment — See Ch. 166.
Plumbing — See Ch. 181.
Property maintenance — See Ch. 185.
Registration of businesses and multiple dwellings — See
Ch. 189.
A.Â
The term "dangerous or unsafe building" as used in this chapter is
hereby defined to mean and include:
(1)Â
Any building or other man-made structure which is dangerous or unsafe
to the public health and welfare because of its condition which may
cause injury to the health of or damages to the property of members
of the public.
(2)Â
Any building or other man-made structure which, because of faulty
or deteriorated construction, age, lack of proper repair or any other
cause, creates a fire hazard.
(3)Â
Any building or other man-made structure which, by reason of faulty
or deteriorated construction, age, lack of repair or any other cause,
constitutes an imminent threat of injury to person or damage to property
due to collapse or fall of any part of said building or structure.
(4)Â
Any building or other man-made structure which, because of its condition
including lack of secure doors or secure windows, is available to
and frequented by malefactors or disorderly persons who are not lawful
occupants of such building or structure.
B.Â
Any such dangerous or unsafe building or structure in the Village
of Lynbrook is hereby declared to be a nuisance.
It shall be unlawful to maintain or permit the existence of
any dangerous or unsafe building or structure in the Village of Lynbrook,
and it shall be unlawful for the owner, occupant, or person in charge
or custody of such building or structure to permit same to remain
in a dangerous or unsafe condition or to occupy such building or structure
or to permit it to be occupied while it is or remains in a dangerous
or unsafe condition.
A.Â
Whenever the Superintendent of the Department of Buildings or the
Fire Inspector shall be of the opinion that any building or structure
in the Village of Lynbrook is a dangerous or unsafe building or structure,
he or she shall cause a written and signed notice to abate to be served
upon the owner or the owner's executor, legal representative,
agent, lessee, or any other person having a vested or contingent interest
in said building or structure, by serving said notice personally or
by certified mail, return receipt requested, addressed to the last
known address as shown by the records of the Receiver of Taxes or
in the office of the Clerk of the County of Nassau.
B.Â
Such notice to abate shall contain:
(1)Â
A description of the premises;
(2)Â
A statement of the particulars in which the building or structure
is an unsafe or dangerous building or structure;
(3)Â
An order requiring said building or structure to be made safe and
secure or removed;
(4)Â
A statement that within 30 days the person served with such notice
to abate must commence and complete the repair, securing or removal
of the building or structure so as to remediate the dangerous or unsafe
building condition;
C.Â
If such notice to abate shall be served by certified mail, return
receipt requested, a copy thereof shall be posted on the subject building
or structure within 48 hours of such mailing.
In the event that the person served with the notice to abate
shall refuse or neglect to comply with said notice, a survey shall
be made by the Superintendent of the Department of Buildings or Fire
Inspector, and a practical builder, engineer or architect designated
by said Superintendent or Inspector. The person served with the notice
to abate as provided above shall appoint a practical builder, engineer
or architect to make his survey of the premises together with the
Village designated builder, engineer or architect. In the event of
the refusal or neglect of the person served with the notice to abate
to appoint such surveyor, then the Superintendent of the Department
of Buildings or the Fire Inspector and the surveyor designated by
the Village shall make the survey and report.
A.Â
Whenever the Superintendent of the Department of Buildings or Fire
Inspector determines that a dangerous or unsafe building or structure
poses an immediate threat of injury to life or property, he or she
shall, upon the approval of the Board of Trustees, have the authority
to order all persons in and about such building or structure to forthwith
vacate the same, temporarily close the sidewalks, streets, buildings,
structures or places adjacent to said building or structure, or parts
thereof, and to cause emergency work to be done in and about the building
or structure as in his or her judgment may be necessary to remove
the threat of immediate injury to person or property.
B.Â
Where such dangerous or unsafe condition arises during work which
is determined by the Superintendent of the Department of Buildings
or Fire Inspector to be defective, noncompliant with code, or illegal,
the Superintendent or Inspector may serve a stop-work order and direct
the removal of all workers from the premises. The Superintendent or
Inspector shall then cause such work to be done as will adequately
remedy the immediate danger of the unsafe condition.
Where the survey report concludes that a dangerous or unsafe condition exists in the subject building or structure, and that the danger to life or property requires remediation by entry upon the property by the Village and its designated contractor for the performance of emergency work, the Superintendent or Inspector shall immediately designate a contractor for the performance of said work and shall confer with the Village Attorney for the institution of an action pursuant to § 89-6 herein.
A signed copy of the report of survey shall be promptly served in the same manner as the notice to abate as set forth in § 89-3 herein.
Where the survey report concludes that the building or structure
is dangerous and unsafe, Village Counsel shall institute an action
in the Supreme Court of the State of New York, County of Nassau, for
an order under CPLR Article 63 restraining the owner or the owner's
executor, legal representative, agent, lessee or any other person
having a vested or contingent interest in the said building or structure,
and all employees thereof from performing any acts or taking any measures
which would interfere with the entry by the Village and its designated
contractor upon the subject property, building or structure, to complete
the said repairs, securing or removal of the building or structure
to remedy the unsafe or dangerous condition. No undertaking shall
be required as a condition to the grant of an injunction under this
chapter.
[Amended 8-20-2007 by L.L. No. 11-2007]
A.Â
All costs and expenses incurred by the Village in connection with
the enforcement of the provisions of this chapter, including expenses
of retaining a practical builder, engineer or architect, the legal
expenses of consultation and litigation, the costs and charges of
the contractor designated by the Village to effectuate the work necessary
to remediate the dangerous or unsafe condition, court costs, and any
other fees, costs or expenses incurred by the Village, after written
notice to the record owner of the subject building served by personal
service, or by both certified mail, return receipt requested, and
first class mail together with posting on the front door of the subject
premises, shall be assessed against the land on which the building
or structure is situated and shall constitute a lien against said
land. The said costs and expenses shall, if not collected through
any other legal remedy available to the Village, be assessed against
the said real property and collected in the manner fixed by law for
the collection of real property taxes.
B.Â
Appeals.
(1)Â
Said owner may file a written appeal from the assessment of the said costs within 10 days of the date of the notice described in Subsection A herein.
(2)Â
Upon receipt by the Village of such appeal, the Mayor shall appoint
one Trustee as Hearing Officer to take evidence and render a determination
affirming or reversing the action of the Superintendent dent or Inspector
in incurring such costs in enforcing the provisions of this chapter.
A.Â
It shall be unlawful for any person served with a notice to abate pursuant to § 89-3 of this chapter to knowingly maintain or knowingly permit or allow the maintenance of a dangerous or unsafe condition after the expiration of the thirty-day period specified in the said notice.
