[Amended 5-4-2021 by L.L. No. 5-2021]
The following provisions shall constitute and be known as the "Unsafe Buildings and Structures and Demolition Code of the Village of Briarcliff Manor."
The purpose of this article is to safeguard life and property by regulating the repair or removal of buildings or structures which are now, or may become, dilapidated, unsafe, dangerous, unsanitary or a menace to health, morals, safety and general welfare of the people of this Village, and which might tend to constitute a fire menace, or which are a public nuisance.
All buildings or structures which have any or all of the following defects shall be deemed unsafe buildings:
A. 
Those with interior walls or other vertical structural members that 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.
B. 
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.
C. 
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.
D. 
Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the Village of Briarcliff Manor.
E. 
Those which are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease so as to cause injury to the health, morals, safety or general welfare of those who live or may live therein.
F. 
Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.
G. 
Those having inadequate facilities for egress in case of fire or panic or those having insufficient or unsafe stairways, elevators, fire escapes or other means of communication.
H. 
Those with any parts that may fall, detach, or give way and injure members of the public or property.
I. 
Those which, because of their condition, are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of this Village.
J. 
Those which are observed to be occupied beyond their maximum allowable limits, potentially leading to unsafe, unsanitary or dangerous conditions for the health, morals, safety or general welfare of occupants or the people of this Village.
K. 
Those buildings in violation of any applicable federal or state building code, or any other applicable code, including any code related to a current or intended use for any such building. [The Asbestos Hazard Emergency Response Act (AHERA) is an example of a use-specific federal requirement.]
L. 
Those buildings existing in violation of any provision of the Building Code of this Village or any provisions of the Fire Prevention Code or other laws of this Village.
The following standards shall be followed in substance by appropriate Department of Buildings Code Enforcement personnel, including the Building Inspector, Assistant Building Inspector, their designees and, where applicable, Chiefs of the Briarcliff Manor Fire Department, and other authorized Village employees (each a "Code Enforcement Officer") in ordering repair, vacating, or demolition of the building or structure:
A. 
If the unsafe building or structure can reasonably be repaired so that it will no longer exist in violation of the terms of this article, it shall be ordered to be repaired as quickly as practicable.
B. 
If the unsafe building or structure is in such condition as to make it dangerous to the health, morals, safety or general welfare or its occupants, it shall be ordered to be vacated immediately, and secured so as to prevent any unauthorized entry, and any certificate of occupancy in effect for such building or structure shall be made invalid.
C. 
In any case where an unsafe building or structure is damaged or decayed or deteriorated to such an extent that it cannot be repaired so that it will no longer exist in violation of the terms of this article, it shall be promptly secured to prevent any unauthorized entry, and demolished. In all cases where an unsafe building is a fire hazard existing or erected in violation of the terms of this article or any law of the Village or statute of the State of New York, it shall be demolished.
All unsafe buildings and structures within the terms of this article are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
A. 
A Code Enforcement Officer, or his designee, may access, enter, or inspect, at any time, any building or structure for the purpose of determining whether any condition exists which renders such place an unsafe building or structure as defined within the terms of § 90-29 of this article. A Code Enforcement Officer shall promptly inspect any building, structure or wall if reported unsafe by the Fire or Police Department of this Village as probably existing in violation of this article. If an owner refuses to allow such inspection, the Village shall promptly seek a warrant for such administrative inspection from a court of competent jurisdiction.
B. 
If a building or structure is found to be unsafe, a Code Enforcement Officer shall serve a written notice of violation upon the owner of, or a person having a vested or contingent interest in, such building or structure by personal delivery, or by postal delivery to the property owner's last known address evidenced by certified or registered mail, and by posting the violation notice in a conspicuous place upon the premises affected. For the purposes of this notice, such interested persons may include the owner, the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the building or structure, as shown by the records of the Village Treasurer and/or in the office of the County Clerk, Division of Land Records for the County of Westchester. This notice shall contain a description of the premises, a statement detailing the defects of the building or structure, and an order requiring the building or structure to be repaired, vacated, secured, or demolished. The notice shall provide that work to be undertaken, including demolition, if warranted, shall commence within 10 days of the date of service of the notice and that such work is to be completed within 30 days thereafter. The Building Inspector, Assistant Building Inspector, or their designee may extend the time for compliance where there is evidence of intent to comply within the time specified and conditions exist which prevent timely compliance. In granting any such extension of time, the Building Inspector, Assistant Building Inspector or their designee may impose such conditions as he deems appropriate. The notice will advise that an appeal may be filed with a court of competent jurisdiction made within 30 days, pursuant to § 90-39.
A. 
In the event that the person served with a notice and order of demolition fails to comply within 10 days, the Building Inspector, Assistant Building Inspector or their designee shall request the confirmation of the assessment of the unsafe building by an independent licensed engineer, architect, or certified building inspector.
B. 
In the event that the person served with a notice and order of vacation or repair fails to comply within 10 days, or on the confirmation of the order of demolition in Subsection A above, the Building Inspector, Assistant Building Inspector or their designee shall notify the Village Attorney, who shall, not less than five days nor more than 60 days from the date thereof, make application at a special term of the Supreme Court, Westchester County, for an order determining said building or structure to be a public nuisance and directing that it be repaired, vacated, or torn down.
If the structure surveyed is determined to be dangerous or unsafe by order of any court having jurisdiction thereof and if its repair or removal is undertaken by the Village of Briarcliff Manor, then in that event, the Village of Briarcliff Manor shall assess the property owner for all expenses of said repair or removal, including the costs of all related proceedings thereto, including engineer, architect, inspector, and court costs, recovery expenses, and reasonable attorneys' fees. Any such fees remaining unpaid for more than 30 days shall be assessed against and become a lien placed upon the property.
No officer, agent or employee of the Village of Briarcliff Manor shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this article. Any suit brought against any officer, agent or employee of the Village of Briarcliff Manor as a result of any act required or permitted in the discharge of his duties under this article shall be defended by the Village or Briarcliff Manor and its attorneys until the final determination of the proceedings therein.
It shall be the duty of the Village Attorney to institute contempt proceedings in the event that any owner or agent having control of any building or structure fails to remove, repair or rehabilitate the same or fails to obey any order or mandate by any court of competent jurisdiction.
Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to a minimum fine of $1,000 and a maximum fine of $3,000 per offense or imprisonment not exceeding 15 days, or both such fine and imprisonment. Every violation of any provision of this article shall be a separate and distinct offense, and in the case of a continuing violation, each day of continuing violation thereof shall be deemed to be a separate and distinct offense.
If a Code Enforcement Officer finds that there is actual and immediate danger of failure or collapse of the building or structure so as to endanger life, or where there is any imminent danger to human life or health, notice, as detailed in § 90-32, shall be provided to the owner, owner's agent, person responsible for the building or structure and any lessees that the building, structure or portion thereof be vacated forthwith and not reoccupied until the specified repairs and improvements are completed, inspected and approved by an appropriate Code Enforcement Officer. There shall be posted at each entry to such building or structure a notice stating that the building is unsafe and that its use or occupancy has been prohibited by the Village of Briarcliff Manor. Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation, their agents, servants or employees to remove such notice without written permission of the Village of Briarcliff Manor Building Inspector, Assistant Building Inspector or their designee, or for any person to enter the building or structure, except for the purpose of making the required repairs or of demolishing the same. When necessary for the public safety, the Building Inspector may, in cooperation with the Superintendent of Public Works, the Village Engineer and the Police Chief, temporarily close sidewalks, public or private streets and adjacent buildings and structures and prohibit the same from being used. Any violation of this section shall result in a penalty pursuant to § 90-37.
A. 
Any person, owner, corporation and/or agent aggrieved by the service of a notice and order detailed in this article may appeal the notice and order, including any requirement to undertake repairs, vacate the building or structure and/or demolish the building or structure, to a court of competent jurisdiction made within 30 days of such notice.
B. 
The appellant shall transmit a copy of such notice to the Village Clerk of Briarcliff Manor and the Village Attorney immediately upon filing.
C. 
No appeal shall be considered after expiration of the thirty-day period following notice and order by the Village.