[Ord. No. 33,
§ 1, 10-2-1950]
This article shall apply to the territory of the Village of
Tuckahoe.
[Ord. No. 33,
§ 2, 10-2-1950]
Certain words used in this article, unless otherwise expressly
stated or unless the contents or subject matter otherwise require,
are defined as follows:
(a)
VILLAGE — The Village of Tuckahoe.
(b)
VILLAGE BOARD — The Village Board of the Village of Tuckahoe.
(c)
BUILDING INSPECTOR — The Building Inspector of the Village
of Tuckahoe.
(d)
BUILDING AND/OR WALL AND/OR STRUCTURE — Any building, wall
or structure located within the incorporated area of the Village of
Tuckahoe, whether or not same is situate in a business, industrial,
residential or other section of said Village of Tuckahoe.
(e)
DANGEROUS AND/OR UNSAFE BUILDINGS, WALLS OR STRUCTURES — Includes
buildings structurally unsafe, unstable or unsanitary; inadequately
provided with exit facilities; constituting a fire hazard; otherwise
dangerous to life or property; unsuitable or improper for the use
of occupancy to which it is put; constituting a hazard to health or
safety because of inadequate maintenance, dilapidation, obsolescence,
decay, deterioration or abandonment; a nuisance, having parts which
are so attached that they may fall and injure members of the public,
or public or private property; and those buildings, walls or structures
existing in violation of any provisions of the Building Code of the
Village of Tuckahoe or of any other ordinance of the Village of Tuckahoe.
[Ord. No. 33,
§ 3, 10-2-1950]
Any building, wall or structure or any part of a building, wall
or structure that from any cause is or shall become dangerous or unsafe
shall be taken down and removed or made safe and secure in compliance
with the provisions of this article.
[Ord. No. 33,
§ 4, 10-2-1950]
The Building Inspector shall report to the Village Board any
building, wall or structure about which he has received or shall hereafter
receive a complaint and shall report all dangerous or unsafe buildings,
walls or structures in the Village of which he has knowledge or shall
hereafter acquire knowledge and which he believes in any way violate
the provisions and terms of this article.
[Ord. No. 33,
§ 5, 10-2-1950]
Upon receiving such report, the Village Board shall appoint
an official to make an inspection of such building, wall or structure
and to make a written report thereon to the Village Board.
[Ord. No. 33,
§ 6, 10-2-1950; L.L. No. 8-1985]
(a)
Upon receipt of such report, the Village Board shall direct the Building
Inspector to serve or cause to be served upon the owner or one of
the owner's executors, legal representatives, agents, lessees or any
other person having a vested or contingent interest in such premises
upon which there is located such dangerous or unsafe building, wall
or structure, a notice containing a description of the premises sufficient
for identification, a statement of the particulars in which the building
or structure is unsafe or dangerous and an order requiring same to
be made safe and secure or removed. Such notice shall be served 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 Receiver of Taxes and/or in
the office of the County Clerk or County Registrar and, if such service
is made by registered mail, a copy of such notice shall be posted
on the said premises. Such notice shall further specify the time within
which the person served therewith must commence the securing or removal
of such building, wall or structure.
(b)
Following the issuance by the Building Inspector of a summons to an owner or owner's representative or agent charging said owner with maintaining a dangerous or unsafe building, as that term is defined in § 6-70(e), the Building Inspector shall, where the building in question is a multifamily dwelling, notify the residents of said multifamily dwelling of the alleged violation or violations by posting a copy of the summons issued in a public area of said multifamily dwelling such as a lobby, elevator or staircase. The copy of the summons shall remain posted until such time as the alleged violation has been removed by the owner.
[Ord. No. 33,
§ 7, 10-2-1950]
In the event of the neglect or refusal of the person served with the notice required by § 6-74 hereof to comply therewith, the Village Board shall cause a survey of such building, wall or structure to be made as follows:
(a)
The Village Board shall appoint and name an inspector and an architect
to make such survey.
(b)
The Village Board shall direct the Building Inspector to cause a further notice to be served on the person described in § 6-74 hereof stating that the Village Board has appointed an inspector and an architect to make a survey of the building, wall or structure in question and shall direct said person so served to appoint a practical builder engineer or architect as a third surveyor. Such notice shall further state that in the event the building, wall or 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 Village is located for an order determining the building, wall or other structure to be a public nuisance and directing that it be repaired and secured or taken down and removed.
(c)
In the event of the refusal or neglect of the person so served as specified in § 6-75(b) hereof to appoint such surveyor, the two surveyors named shall make the survey and report. Such survey report shall be in writing and in duplicate and a signed copy thereof shall be posted by the Building Inspector on the building, structure or wall involved in the report.
[Ord. No. 33,
§ 8, 10-2-1950]
[Ord. No. 33,
§ 9, 10-2-1950]
If the surveyors appointed as herein set forth report such building
or other structure to be unsafe or dangerous, the Village Board shall
cause an application to be made on behalf of the Village at a special
term of the Supreme Court in the Ninth Judicial District 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.
[Ord. No. 33,
§ 10, 10-2-1950]
All costs and expenses incurred by the Village in connection
with the proceeding to remove or secure, including the cost of actually
removing such building or structure, shall be assessed against the
land on which said building or structure is located and shall be and
become a lien on said land as of the date of such assessment. The
lien of the Village for such costs and expense shall have priority
over all other liens and encumbrances, except the liens of taxes and
assessments, which would constitute a prior lien or liens under the
provisions of the Westchester County Tax Act.
[Ord. No. 33,
§ 11, 10-2-1950]
The remedies of the Village of Tuckahoe as herein set forth
shall not be exclusive, but the Village shall have any other and further
remedy at law or otherwise by injunction or otherwise now existing
under the laws of the State of New York and any and all such remedies
shall be deemed cumulative and the pursuit of any remedy shall not
be construed as an election or the waiver of the right to pursue any
and all others.
[Ord. No. 33,
§ 12, 10-2-1950]
(a)
It shall be unlawful for any person or corporation to knowingly maintain or cause to be maintained or to knowingly allow or permit any other person or corporation as agent, lessee or otherwise to maintain any dangerous building, wall or structure as herein defined, and any owner, occupant, lessee or other person or other corporation who shall knowingly maintain or cause to be maintained or knowingly allow or permit to be maintained any such dangerous building, wall or structure and who shall fail to comply with any order or any provision of any order of the Supreme Court of the State of New York obtained as herein set forth directing that such unsafe building, wall or structure be demolished or repaired shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as prescribed in § 1-7 for each offense, and each and every day such failure to comply continues beyond the date fixed for such compliance by an order of the Supermen Court of the State of New York obtained as herein set forth shall constitute a separate offense. An adjudication by the Supreme Court of the State of New York determining that any building, wall or structure is dangerous and/or unsafe and a public nuisance shall be conclusive evidence of the fact of the existence of such dangerous or unsafe building, wall or structure.
