[HISTORY: Adopted by the Board of Trustees of the Village of Huntington Bay 11-13-2017 by L.L. No. 11-2017. Amendments noted where applicable.]
Building construction — See Ch. 9.
Building, demolition, grading and drainage — See Ch. 11.
Building, structure and property maintenance — See Ch. 13.
Editor's Note: This local law also provided for the repeal of former Ch. 15, Buildings, Unsafe, adopted 4-19-1976 by L.L. No. 6-1976.
The purpose of this chapter is to provide for the administration and enforcement of that part of the Fire Prevention and Building Code of the State of New York, as such code relates to unsafe buildings, structures and equipment, and to establish procedures to address threats to public safety and general welfare posed by the existence of unsafe buildings, structures and equipment within the Village of Huntington Bay.
As used in this chapter, the following terms shall have the meanings indicated:
- BOARD OF TRUSTEES
- The Board of Trustees of the Incorporated Village of Huntington Bay.
- BUILDING INSPECTOR
- The Building Inspector of the Village of Huntington Bay.
- The fastening, nailing, tacking or substantially securing by any other means, of any notice, survey, order, directive or official decision, on a building or structure.
- The Incorporated Village of Huntington Bay.
- VILLAGE ATTORNEY
- The officer holding the position of Village Attorney established by the Board of Trustees, or an attorney retained by the Board of Trustees to act on behalf of the Village pursuant to this chapter.
- VILLAGE ENGINEER
- The Village Engineer as may be appointed by the Board of Trustees, or another licensed professional engineer engaged by the Village to provide services required by this chapter.
General. When a building, structure or equipment is found to be unsafe, or when a structure is found unfit for human occupancy, such structure shall be condemned pursuant to the provisions of this Code.
Unsafe buildings and structures. An unsafe building or structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation that partial or complete collapse is possible. Buildings and structures that may be unsafe include, but are not limited to, the following:
Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
Those which, exclusive of the foundation, show 33% or more of damage or deterioration of the supporting member or members or 50% of damage or deterioration of the nonsupporting enclosing or outside walls or covering.
Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used.
Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety or the general health and welfare of the occupants or the people of this Village.
Those having light, air and sanitation facilities which are inadequate to protect the health, safety or general welfare of human beings who live or may live therein.
Those having inadequate or insufficient facilities for ingress or egress in the event of fire, panic or other emergency, or those having insufficient stairways, elevators, fire escapes, aisles, passageways, corridors or other means of access and which do not meet minimum standards prescribed by the New York State Building Construction Code.
Those that have parts thereof that are so attached that they may fall and injure members of the public or property.
Those, which, because of their condition, are unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of this Village.
Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the building, structure or premises.
Building or structure unfit for human occupancy. A building or structure is unfit for human occupancy whenever such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin- or rat-infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this Code, or because the location of the building or structure constitutes a hazard to the occupants of the building or structure or to the public.
The Village Attorney, the Building Inspector or such other official of the Village as may be designated by the Board of Trustees, upon receipt of information that a building, structure or equipment, from any cause, may now be or shall become unsafe or unfit for human occupancy as defined in § 15-3 hereof, shall cause an investigation of the premises to be made by the Building Inspector or the Village Engineer, and an inspection report submitted to the Board of Trustees.
If the Board of Trustees shall find that said building, structure or equipment, from any cause, may be or shall become unsafe as defined herein, it may make an order directing notice to be served upon the owner and/or some one of the owner's executors, legal representatives, agents, lessees or any other person, including, but not limited to, lenders, mortgagees, having a secured vested or contingent interest in the premises where such building or structure is located, either 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 other person having a vested or contingent interest in same, as shown by the records of the Village, Town of Huntington Receiver of Taxes and/or in the office of the Suffolk County Clerk.
The notice required by § 15-5 hereof shall contain the following information:
A description of the premises.
A statement of the particulars in which the building, structure or equipment is unsafe or dangerous and an order requiring same to be made safe and secure or removed.
A time within which the person served with such notice must commence the securing (including boarding and fencing) or removal of the buildings, structures or equipment as specified in said notice.
A date, time and place at which a hearing shall be held before the Board of Trustees, at which hearing the owner or other persons having an interest in the building, structure or equipment may be heard with respect to the condition of the building, structure or equipment and the actions necessary to secure or remove same.
Said notice shall further state that after such hearing, the Board of Trustees may provide for the securing or removal of such building, structure or equipment by the Village in the event such owner fails or refuses to secure or remove the same within the time provided.
The notice required by § 15-5 hereof, together with the report prepared pursuant to § 15-4 hereof, shall be posted on the premises, and shall be filed in the office of the Suffolk County Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules, and shall be served upon 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 premises as hereinbefore specified, either personally or by registered or 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 premises as hereinbefore specified.
All costs and expenses incurred by the Village of Huntington Bay in connection with the proceedings to remove or secure an unsafe building, structure or equipment, including the cost of actually removing said building, equipment or structure, shall be assessed against the land on which said building, structure or equipment is located as an assessment for an improvement to be included in the next succeeding assessment roll to be thereafter prepared.
When there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the occupants shall vacate the premises forthwith. There shall be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Village Code Enforcement Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.
When there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the Building Inspector or Village Attorney, on advice of the Village Engineer, may take such immediate action as is necessary to protect life and alleviate the danger presented, and to render the building or structure temporarily safe, including, but not limited to, emergency repair or removal of all or part of the building or structure, including foundations, the installation of fencing, and boarding and securing, without notice or hearing to the property owner.
Following emergency measures taken pursuant to §§ 15-9 and 15-10 hereof, the Building Inspector or Village Engineer shall prepare and deliver a report of such action to the Board of Trustees and, if the building or structure remains unsafe, commence proceedings under this chapter to cause said building or structure to be rendered safe. The Building Inspector shall notify the property owner of the emergency actions taken pursuant to the provisions of § 15-10.
The transfer of title by the owner of the land on which an unsafe building, structure or equipment is located shall be no defense to any proceeding already commenced under this chapter.
Any owner, upon whom a notice, as provided in this chapter, has been personally served, who fails, neglects or refuses to place such unsafe building or structure in a safe condition as designated in such notice or who shall violate any of the provisions of this chapter or orders given pursuant thereto or who shall resist or obstruct the Building Inspector in carrying out the provisions of this chapter shall be guilty of a violation and shall, upon conviction thereof, be subject to a fine of not less than $500. Each week in which such violation continues shall constitute a separate offense.