Any building or structure may be declared unsafe if, in the
opinion of the Superintendent, it is unfit for human habitation, occupancy
or use, by reason of any one or more of the following conditions:
A.
The building or structure contains unsafe equipment, lacks illumination,
ventilation, sanitation, heat, water or other facilities adequate
to protect the health and safety of the occupants or the public.
B.
The building or structure is damaged, decayed, dilapidated, unsanitary,
unsafe or infested with rodents or vermin in such a manner as to create
a hazard to the health and safety of the occupants or the public.
C.
The building or structure, because of the location, general conditions,
state of the premises, number of occupants or other reason, is unsanitary,
unsafe, dilapidated, overcrowded or for other reasons is detrimental
to health and safety of the occupants or the general public.
D.
The building or structure, because of the failure of the owner or
resident of the property to comply with notices or orders issued by
the Superintendent is unfit for human habitation, occupancy or use,
or a hazard to the public.
E.
The building or structure is unfit for human habitation, occupancy
or use due to prolonged lack of maintenance.
F.
The building or structure is open at a doorway, windows or garage
making it accessible to and an object of attention to minors under
18 years of age, as well as to vagrants and other trespassers.
G.
The building or structure is infested with rodents or vermin.
H.
Any other condition which, in the opinion of the Superintendent,
is dangerous or jeopardizes the health, welfare and safety of the
general public or occupants.
A.
Investigation and report. Upon observation that a building or structure
is unsafe, the Superintendent shall make an inspection thereof and
prepare a written report of his or her findings and recommendations
in regard to its repair or demolition and removal. At the request
of the Superintendent, the Board of Trustees may retain an architect,
engineer or other qualified individual to assist the Superintendent
in preparation of his or her report.
B.
The Superintendent shall serve a notice of unsafe conditions on the
owner of the property containing the following:
(1)
A description of the property.
(2)
A statement of the particulars in which the building or structure
is unsafe.
(3)
An order outlining the manner in which the building or structure
is to be made safe and secure, or demolished and removed.
(4)
A statement that the securing or removal of such building or structure
shall commence upon service of the notice and shall be completed within
a specified time unless, for good cause shown, such time shall be
extended by the Superintendent.
(5)
If the circumstances warrant, an order that the occupants of the
unsafe building or structure shall vacate the building or structure
and/or all entrances securely barricaded to prevent entry.
(6)
A statement that the owner has the right to request a hearing at
a specified date, time and place before the Board of Trustees in relation
to such unsafe building or structure. Said request must be in writing
and served on the Village Clerk either personally or by certified
mail.
(7)
A statement that in the event the owner does not request a hearing
and fails or refuses to comply with the notice, the Board of Trustees
is authorized to provide for its securing or demolition and removal,
to assess all expenses thereof against the property on which it is
located and to institute a special proceeding to collect the costs
of the securing or demolition, including legal expenses.
C.
The notice shall be served:
(1)
By personal service of a copy thereof upon the owner or the owner's
executor, administrator, agent or other legal representative; or,
if no such person can be reasonably found, by mailing to the owner
or the owner's executor, administrator, agent or other legal
representative, by certified mail, a copy of such notice directed
to his or her last known address as shown by the latest assessment
roll of the Village; and
(2)
By personal service of a copy of such notice upon any individual
of the age 18 years or older residing in, occupying or using said
unsafe building or structure, if such individual can be reasonably
found; and
(3)
By securely affixing a copy of such notice upon the unsafe building.
A.
The hearing shall be conducted before the Board of Trustees. The
Superintendent shall present his or her written report to the Board
of Trustees. The owner or the owner's representative, if present,
may present witnesses and other evidence as he or she deems necessary
and relevant to the subject matter of the hearing. The Board of Trustees
shall make written findings of fact from the testimony offered as
to whether or not the building or structure in question is unsafe.
B.
If after the hearing the Board of Trustees finds that the building
or structure is not unsafe, it shall adopt a resolution rescinding
the notice of unsafe conditions.
C.
If after the hearing the Board of Trustees finds that the building
or structure is unsafe, it shall adopt a resolution directing the
owner to either secure or demolish and remove the building or structure
within the time prescribed by the Board of Trustees.
D.
If the owner fails or refuses to secure or demolish and remove the
building or structure, as directed by the Board of Trustees, within
the time period prescribed by the Board of Trustees, the Board of
Trustees shall provide for its securing or demolition and removal,
and assess all expenses thereof against the property on which it is
located or institute a special proceeding to collect the expenses,
including legal expenses.
E.
If, after requesting a hearing, the owner fails to appear at the
hearing and fails or refuses to secure or demolish and remove the
building or structure, then the Board of Trustees shall provide for
its securing or demolition and removal, and assess all expenses thereof
against the property on which it is located or institute a special
proceeding to collect the expenses, including legal expenses.
Notwithstanding any other provision of this article to the contrary, if, in the judgment of the Superintendent, an emergency exists where there is imminent danger of failure or collapse of a building or structure; or where there is actual or potential danger to the occupants of or to those in the proximity of any building or structure because of the existence of explosive fumes or vapors, or the presence of toxic fumes, gases or materials; or because of any reason set forth in § 46-7, imminent danger is found to exist to life or property, the Superintendent may immediately placard the building or structure in a conspicuous place, as access permits, and order the building or structure, or part thereof, immediately vacated and barricade any portion of the building or structure to prevent re-entry, until the dangerous, unsafe or unsanitary condition is remedied to the satisfaction of the Superintendent. In such event, the Superintendent shall, within 48 hours, serve a notice of unsafe condition pursuant to § 46-8.
All expenses incurred by the Village in connection with the
securing or demolition and removal of an unsafe building or structure,
including reasonable legal expenses and expenses of an architect,
engineer or other qualified individual to assist the Superintendent
in preparation of his or her report, shall, at the option of the Board
of Trustees, either:
A.
Be assessed against the property on which such building is located
and shall be levied and collected as an assessment against the real
property involved by duly adopted resolution. A copy of said resolution
shall be mailed to the address of the owner of the property, as said
address appears upon the latest assessment roll of the Village. A
lien of special assessment shall thereupon arise as provided for by
the Village Law of the State of New York. Said assessment shall be
collected in the manner provided for by the Village Law of the State
of New York; or
B.
Be collected by commencement of a special proceeding against the
owner of the real property involved, pursuant to General Municipal
Law § 78-b.
Any person or entity aggrieved by any resolution of the Board of Trustees adopted pursuant to § 46-9 may apply to the supreme court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceeding shall be instituted within 30 days after the adoption of the resolution.
Nothing herein shall prevent the criminal prosecution of a refusal
to obey an order issued pursuant to the provisions of this chapter.
Upon conviction thereof, the person or corporation violating the provisions
of this chapter shall be subject to a fine of not more than $250 for
each offense.
