[HISTORY: Adopted by the Board of Trustees of the Village
of Wesley Hills 10-9-1984 by L.L. No. 7-1984. Amendments noted where
applicable.]
It is the intent of this chapter to provide for a rapid and
efficient means of removal or securing or repair of unsafe structures
after examination, notice and hearing.
The Building Inspector of the Village of Wesley Hills is hereby
authorized to be and shall be the enforcement officer for this chapter.
When, in his opinion, he shall deem any structure unsafe or dangerous,
he shall cause a further examination thereof to be made by a licensed
architect or professional engineer, as the case may be, after approval
by the Board of Trustees. Upon concurrence with the Building Inspector's
opinion by such architect or engineer, the Building Inspector shall
promptly give notice, as hereinafter provided, of such condition to
the owner or occupants thereof and order the repair, removal, securing
or demolition of the structure.
A.
The notice specified in § 86-2 hereinabove shall contain at least the following information and such other information as the Building Inspector may determine:
(1)
The location of the structure, giving the tax lot and block and street
address, if any.
(2)
A brief statement setting forth the particulars in which and the
reasons why said structure is deemed unsafe or dangerous.
(3)
A statement that, in the event that the order to correct is not complied
with within the time specified in said order, the land upon which
the structure is situated will be assessed for all costs and expenses
incurred by the Village for the purpose of securing compliance with
the order, said costs and expenses to be collected in the same manner
and time as Village taxes.
B.
The order to correct shall contain at least the following information:
The notice and order shall be served by the Building Inspector
in any one of the following ways:
B.
By mailing a copy of said notice and order to such owner at the address
shown on the part of the Town of Ramapo assessment roll applicable
to the Village of Wesley Hills, by certified or registered mail, and
by securing or affixing a copy of said notice and order upon the structure.[2]
C.
By delivery of a copy of said notice and order to any adult person
occupying or residing in said structure and by securing or affixing
a copy thereof upon the structure.
A.
Any person affected by the notice and order may request, and shall
be granted, a hearing before the Zoning Board of Appeals upon payment
of the Board's fee, and such application shall have preference
over all other matters before said Board; provided, however, that
the applicant shall file his request within seven days after service
of the notice and order.
B.
The Zoning Board of Appeals shall set a time and place for hearing
and give the applicant not less than seven days' written notice thereof.
At the hearing, the applicant shall be permitted to testify as to
the reasons why the Building Inspector's order should be modified
or overruled.
C.
In the event that such appeal is denied or modified, the owner of
the property shall comply with said order within five days after the
filing of the decision. A true copy of said decision shall be mailed
to the owner of the property by ordinary mail.
The application to the Zoning Board of Appeals shall contain
at least the following information under oath:
A.
The name and address of the true owner of the property.
B.
The reasons for the appeal.
C.
Supporting documentation from a licensed architect or engineer setting
forth the grounds upon which the notice and order issued by the Building
Inspector should be reversed or modified.
D.
The name and address of the applicant or his personal representative
upon whom service of all papers, including the decision, may be made.
E.
Such other information as the Zoning Board of Appeals may require
or the applicant believes is relevant to the appeal.
A.
If the Building Inspector determines that there is actual or immediate
danger of failure or collapse of the structure or for any other reason
determines that use or occupancy will endanger the life, limb or health
of the occupants, he shall order the building or structure or any
portion thereof to be vacated forthwith, by posting at each entrance
to said building or structure a notice stating "This building is unsafe,
and use or occupancy is hereby prohibited by the Building Inspector."
B.
Any person, firm or corporation or their agents who shall fail to
comply with said order or who shall remove said notice without the
consent of the Building Inspector shall be subject to a fine not to
exceed $1,000 or imprisonment not exceeding one month, or both.
[Amended 2-10-1987 by L.L. No. 4-1987]
A.
In the event that the owner of the property, or his agent, fails to demolish, repair, remove or secure the building or structure as directed in the order and notice of the Building Inspector within the time indicated thereon, or as the same may be modified by the Zoning Board of Appeals, the Village of Wesley Hills may at any time thereafter enter upon the lands and property and cause said building or structure to be repaired, demolished, removed or secured; provided, however, that no demolition shall take place without the express approval of the Board of Trustees. All costs and expenses incurred by the Village of Wesley Hills in connection with such repair, demolition, or removal, including all administrative expenses and financing expenses, if any, shall be assessed against such property by the Board of Trustees in the manner provided in Subsection B hereinbelow.
B.
The Board of Trustees shall serve personally or by certified mail
upon the owner of record of such property at the address shown on
the last preceding tax assessment roll a written notice stating that,
at a time and place specified therein, it will assess the expense
of such repair, demolition or removal against such property. Such
notice shall be served at least eight days previous to the time specified
therein. If directed against a corporation, it may be served upon
the corporation at its principal place of business, upon an agent
of the corporation within the Village, or upon the Secretary of State.
Notice served upon the Secretary of State shall be served at least
12 days previous to the time specified therein. At the time and place
so specified, the Board of Trustees shall hear the parties interested
and shall thereupon finally determine the assessment, stating therein
the name of each owner and the amount so assessed. The amount so assessed
shall constitute a lien on the real property on which it is levied
until paid or otherwise canceled pursuant to the provisions of § 5-516
of the Village Law and shall be collected in the same manner as other
Village special assessments pursuant to the provisions of § 5-518
of the Village Law.[1]
Any person, firm or corporation or their agents who shall violate any provision of this chapter, except for § 86-7 hereinabove, shall be subject to a fine not to exceed $500 or imprisonment for a period not to exceed 15 days, or both. The remedies contained in this chapter shall not be exclusive but shall be in addition to any other remedy provided by law, nor shall the invoking of any remedy or procedure contained in this chapter bar the imposition of any and all other remedies.
Each week or any portion thereof during which a violation of
this chapter shall exist shall constitute a separate and distinct
violation.
