[HISTORY: Adopted by the Board of Trustees
of the Village of Babylon as Ch. X, Art. XIII, of the 1938 Code of
Ordinances (Ch. 86 of the 1981 Code). Amendments noted where applicable.]
Whenever any building or structure, or part
thereof, within the Village of Babylon, from any cause, may now be
or shall hereafter become dangerous or unsafe to the public, the Board
of Trustees shall have such building or structure or part thereof
removed or repaired as follows:
A.
The Board of Trustees shall appoint an official to
make an inspection of such building or structure and report. The report
shall be filed with the Village Clerk and the Building Inspector.
[Amended 12-9-2014 by L.L. No. 5-2014]
B.
The Board of Trustees shall cause a notice to be served
on the owner or some one of the owner's executors, legal representatives,
agents, lessees or any other person having a vested or contingent
interest in same, 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 Register, 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 same to be made safe
and secure or removed; and if such service is made by registered mail,
a copy of such notice shall be posted on the premises.
C.
The person served with such notice referred to in Subsection B hereof shall commence the securing or removal of such building or structure or part thereof within 10 days from the day of the service of such notice and shall secure or remove such building or structure with all convenient speed.
D.
In the event that the person served with such notice
neglects or refuses to comply with same, the Board of Trustees shall
cause a survey of said premises to be made by an official of the Village
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 served with such notice. In the event of refusal or
neglect of the person so notified to appoint such surveyor, the two
surveyors named by the Board of Trustees shall make the survey of
said premises, building or structure and report.
E.
The notice referred to in Subsection B hereof, so served, shall state that in the event the building or structure shall be reported unsafe or dangerous under such survey that an application will be made at a Special Term of the Supreme Court in the judicial district in which the property is located not less than five nor more than 10 days thereafter for an order determining the building or structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed.
F.
If the building or structure is reported unsafe or
dangerous under such survey, an application shall be made at a Special
Term of the Supreme Court, in the judicial district in which the property
is located, not less than five nor more than 10 days thereafter for
an order determining the building or structure to be a public nuisance
and directing that it shall be repaired and secured or taken down
and removed. Upon the signing of such an order, the Board of Trustees
shall proceed to repair or secure said building or structure or to
remove or take it down.
G.
A signed copy of the report of the survey shall be
posted on the building or structure.
H.
Such surveyors shall be paid a reasonable compensation
by the Board of Trustees, which cost shall be assessed against the
land on which said buildings or structures are located.
I.
All costs and expenses incurred by the Village in
connection with the proceedings under this section to remove or secure,
including the cost of actually removing, repairing or securing said
building or structure, shall be assessed against the land on which
said buildings or structures are located.
J.
Upon receipt of the inspection report pursuant to § 113-1A, the Building Inspector shall determine whether the building or structure, or part thereof, presents an imminent threat of harm to persons entering upon such premises and/or whether the premises are unsafe or unfit for human occupancy or use. In the event the Building Inspector determines the premises are unsafe as to entry or use, the Building Inspector shall post a placard or notice in plain sight upon the premises so as to prohibit entry and/or use, as the case may be.
[Added 12-9-2014 by L.L. No. 5-2014]
K.
After a placard prohibiting entry and/or use has previously been
posted by the Village Building Inspector, it shall be a violation
of this section for any person to enter or remain in any building
or structure, or part thereof, without first obtaining authorization
and permission from the Building Inspector.
[Added 12-9-2014 by L.L. No. 5-2014]
[Added 12-9-2014 by L.L. No. 5-2014]
A.
Any person
committing an offense against any provision of this chapter shall,
upon conviction thereof, be guilty of a violation pursuant to the
Penal Law of the State of New York, punishable by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days, or by both
such fine and imprisonment. The continuation of an offense against
the provisions of this chapter shall constitute, for each day the
offense is continued, a separate and distinct offense hereunder.
