[HISTORY: Adopted by the Board of Trustees of the Village
of Old Brookville. Amendments noted where applicable.]
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 §§ 107
and 108 of the Property Maintenance Code of New York State.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any building, shed, fence or other man-made structure
which:
Is dangerous to the public health because of its condition and
which may cause or aid in the spread of disease or injury to health
of the occupants of it or neighboring structures;
Because of faulty construction, age, lack of proper repair or
any other cause, is especially liable to fire and constitutes or creates
a fire hazard;
By reason of faulty construction or any other cause is liable
to cause injury or damage by collapsing or by a collapse or fall of
any part of the structure; or
Because of its condition or because of a lack of doors or windows
is available to and frequented by malefactors or disorderly persons
who are not lawful occupants of the structure.
Any building in the Village which, from any cause, may now be
or shall hereafter become a dangerous building as defined herein or
which is unsafe to the public, to the occupants thereof or to adjoining
property or occupants shall be removed or repaired as provided in
this chapter.
Upon receipt by the Board of Trustees of an inspection by the
Building Inspector of a building shown in such report to be a dangerous
building, the Village Clerk shall cause to be served on the owner,
either personally or by registered mail, addressed to the last known
address, if any, of the owner as shown by the tax records of the Village
or in the records of the County Clerk of the County of Nassau, a notice
containing a description of the premises, a statement of the particulars
in which the building or structure is unsafe or dangerous and an order
requiring the same to be made safe and secure or removed and the time
within which the person served with such notice shall commence and
complete the securing or removal of such building, and if such service
is made by registered mail, the Village Clerk shall cause a copy of
such notice to be posted on the premises.
In the event of the neglect or refusal of the person served with the notice provided for in § 45-4 to comply with the same within the time therein specified, a survey shall be made by the Village Engineer and a practical builder, engineer or architect to be named by the Board of Trustees and a practical builder, engineer or architect appointed by the person notified as provided in § 45-4, and in the event of the refusal or neglect of the person so notified to appoint such surveyor, the two surveyors named shall make the survey and report. The aforesaid 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 Nassau County not less than five nor more than 10 days following the receipt of said report of the surveyors by the Board of Trustees for an order determining the building to be a public nuisance and directing that it shall be repaired and secured or taken down and removed.
The surveyors appointed as provided in § 45-5 shall receive reasonable compensation for their services as such.
Within five days following the receipt of a report of the surveyors
by the Board of Trustees, the Village Clerk shall cause a signed copy
of the report of survey to be posted on the building.
When the Village has effected the surveying, repairing, securing
or removing of a dangerous or unsafe building or incurred costs and
expenses for the same, the actual costs and expenses incurred plus
accrued interest at the rate of 6% per annum from the date of completion
of the work, if not paid by such owner prior thereto, shall be assessed
against the lot or parcel of land where such building is or was located,
which assessment shall be included in the next succeeding annual bill
for Village taxes for such property and shall become a lien thereon
when such taxes become a lien.
