[HISTORY: Adopted by the Board of Trustees of the Village of Brewster 11-26-1974 by L.L. No. 2-1974 (Ch. 63 of the 1992 Code). Amendments noted where applicable.]
It is the intent of this chapter to 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.
The provisions of this chapter shall be in addition to, and in furtherance of, the New York State Uniform Fire Prevention and Building Code, including but not limited to Sections 108 and 109 of the Property Maintenance Code of New York State.
All buildings or structures which are structurally unsafe, unsanitary or not provided with adequate egress or which constitute a fire hazard or are otherwise dangerous to human life or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are, severally, for the purposes of this chapter, unsafe buildings. All such unsafe buildings are hereby declared to be illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedures herein set forth.
The Building Inspector for the Village of Brewster shall examine or cause to be examined every building reported as unsafe or damaged and shall make a written report of such examination to the Village of Brewster Board of Trustees.
Whenever the Building Inspector shall find any building or structure or portion thereof to be an unsafe building, as defined in this chapter, he shall give to 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, as shown by the records of the Receiver of Taxes and/or in the office of the County Clerk or County Register, written notice, personally or by registered 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 any other person having a vested or contingent interest in said premises, stating the defects thereof, giving particulars in which the building or structure is unsafe or dangerous and requiring the same to be made safe and secure or removed within a stated time. If such service is made by registered mail, a copy of such notice shall be posted on the premises. The time provided in such notice for the correction or removal of such conditions shall be not less than 30 nor more than 60 days. Such notice shall further provide for a survey of such premises in the event of the neglect or refusal of the person served with the notice to comply with the same, said survey to be made by an inspector and architect to be named by the Village of Brewster Board of Trustees and a practical builder, engineer or architect appointed by the person notified as above, and in the event of refusal or neglect of the person so notified to appoint such surveyor the two surveyors named shall make the survey and report. The notice shall 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 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.
If the Building Inspector finds that there is actual and immediate danger of failure or collapse so as to endanger life, such notice shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the specified repairs and improvements are completed, inspected and approved by the building official. The Building Inspector shall cause to be posted at each entrance to such building the following notice: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING INSPECTOR. Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents or other servants to remove such notice without written permission of the Building Inspector or for any person to enter the building except for the purpose of making the required repairs or of demolishing the same.
In cases of emergency when the Building Inspector is unable to obtain the cooperation of the owner or agent or person in control and when, in the opinion of the Building Inspector, the situation involves imminent danger to human life or health, the Building Inspector shall promptly cause such building, structure or portion thereof to be made safe or removed. For this purpose, he may at once enter such structure or the land on which it stands or abutting land or structure with such assistance and at such cost as may be necessary. He may vacate adjacent structures and protect the public by appropriate barricades or such other means as may be necessary, and for this purpose may close a public or private way.
Costs incurred under this section shall be paid out of the Village treasury on certificate of the Building Inspector. Such costs shall be charged to the owner of the premises involved and shall be collected in the manner provided by law.
Upon the completion of the survey and the report thereon, made as prescribed in § 82-5 above, the report of the survey shall be filed with the Village of Brewster Board of Trustees and a copy thereof posted on the subject premises. The surveyors shall be paid a reasonable compensation for their services, which amount of compensation shall be determined by the Village of Brewster Board of Trustees.
All costs and expenses incurred by the Village in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure, shall be assessed against the land on which said buildings or structures are located.
In addition to the assessment of costs provided for in this chapter, any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction, be subject to a maximum penalty of $250 or a maximum term of imprisonment of 15 days, or both, for each offense.
This chapter shall be enforced by any official authorized to issue and serve appearance tickets under Chapter 4, Appearance Tickets, of the Code of the Village of Brewster or the laws of the State of New York.