[HISTORY: Adopted by the Board of Trustees
of the Village of Lloyd Harbor 2-28-1983 as Article 13 of L.L. No.
2-1983. Amendments noted where applicable.]
[Amended 11-21-1994 as L.L. No. 2-1994]
The purpose of this chapter is to promote and
preserve the health, safety, welfare and property of residents and
owners of property located within the Village by providing a method
for the removal or repair of buildings and structures within the limits
of said Village that, may now be or shall hereafter become unsafe,
dangerous or unsanitary, which might tend to constitute a fire menace
and which are a nuisance.
The Building Inspector is authorized to inspect
any building or structure within the limits of the Village which he/she
has reason to believe is or may be, from any cause, from any cause,
dangerous or unsafe to the public and to file with the Board of Trustees
a report, in writing, as to the condition of any building or structure
that he/she inspected which he/she believes to be, from any cause,
dangerous or unsafe to the public, specifying in such report the date
of the inspection, the condition found which he/she deems to be dangerous
or unsafe, his/her opinion as to the cause of such condition and his/her
recommendations with reference to the correction of such condition.
Such report shall be filed with the Board of Trustees not more than
14 days from the date of inspection.
Thereafter and if the Board of Trustees shall
so order, it 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
Assessor and/or in the office of the Suffolk County Clerk, which said
notice shall contain the following:
A.
A description of the premises.
B.
A statement of the particulars in which the building
or structure is unsafe or dangerous.
C.
An order requiring the same to be made safe and secure
or removed.
D.
The time within which the person served with such
notice shall commence the securing or removal of the building or structure.
E.
A statement that the premises will be surveyed in
the event of the neglect or refusal of the person served with notice
to comply with the requirements of the same, said survey to be made
by such official of the Village and by such practical builder, engineer
or architect as may be designated, named and appointed by the Board
of Trustees and by a practical builder, engineer or architect to be
appointed by the person or persons so notified as above; and in the
event of the refusal of or neglect of the person or persons so notified
to appoint such surveyor or within five days of the service upon him/her
of such notice, the two surveyors named shall make the survey and
report; and the survey provided for herein shall be made on or before
a date to be included in said notice; and the report of the survey
shall be filed with the Board of Trustees on or before a day to be
fixed in said notice.
[Amended 11-21-1994 as L.L. No. 2-1994]
F.
A statement that in the event that the building or
structure shall be reported unsafe or dangerous under such survey,
an application will be made, returnable at a Special Term of the Supreme
Court in Suffolk County on a date and at a time and place to be specified
in such notice (which said date shall be not less than five nor more
than 30 days from the day fixed for the filing of such report), for
an order determining the building or structure to be a public nuisance
and directing that it shall be repaired and secured or taken down
and removed.
[Amended 11-21-1994 as L.L. No. 2-1994]
In the event that such notice is served by certified
mail, a copy thereof shall be posted on the premises on the day of
mailing of such notice.
A signed copy of the report of the survey shall
be served personally or by certified mail upon the person to whom
such notice is directed, and a signed copy thereof shall be posted
on the building or structure on the day of the filing of such report
of survey.
The costs and expenses incurred by the Village in connection with the proceedings to remove or secure the building or structure, including the cost of actually removing said building or structure, shall be assessed against the land on which said building or structure is located. Within 10 days of the date that the Building Inspector is able to determine the extent of such costs and expenses, he/she shall submit a report, in writing, to the Board of Trustees which shall include a compilation of said costs and expenses incurred by the Village in taking the action described above. At its next regularly scheduled meeting, said Board of Trustees shall confirm said costs and expenses as an assessment against the real property involved by duly adopted resolution. A copy of said resolution shall be mailed to the person or persons who receive notice under § 77-3 hereof. A lien of special assessment shall thereupon arise as provided for by the Village Law of the State of New York.
The Board of Trustees shall determine the respective
dates to be inserted in each such notice and shall appoint and designate
the appropriate Village officials and practical builder, engineer
or architect in each instance.
In cases of great emergency, where the delay
of proceedings, as hereinabove provided, would result in probable
loss of life or property, the Mayor of the Village shall have the
power to direct the Building Inspector or Code Enforcement Officer
to proceed at once to take such action as is needed to guard the safety
of persons and property.
