[HISTORY: Adopted by the Board of Trustees
of the Village of Manorhaven 9-12-1956 by Ord. No. XLI. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any building or structure which has one or more of the following
defects:
A building whose walls or other vertical structural
members list, lean or buckle to such an extent that a plumb line passing
through the center of gravity of such wall or vertical member falls
outside the middle third of its base.
A building which has been so damaged or has
so deteriorated as to become, in the judgment of the Village Board,
dangerous to the life, health, morals or general welfare of the people
of the village.
A building or structure which, exclusive of
the foundation, shows a damage to or deterioration of the supporting
members of 33 1/3% or a damage to or deterioration of nonsupporting
outside walls or enclosure of 50%.
A building which has improperly distributed
loads on the floor or roof or in which the same are overloaded or
have insufficient strength to be reasonably safe for the purpose used.
A building which is so damaged or dilapidated
that it or parts of it may fall and cause injury to persons or property.
A building existing in violation of any Building
or Zoning Ordinance or any provision of the Fire Prevention Ordinance
of the village.[1]
If a dangerous building can reasonably be repaired
so that it will no longer be a violation, it shall be ordered repaired.
If it cannot be so repaired, it shall be ordered removed.
The Superintendent of Buildings shall:
A.
Inspect all buildings, walls or structures in the
village to determine whether any condition exists which may render
it a dangerous building.
B.
Notify in writing the owner and occupants of any dangerous building that said owner and occupant must complete the repair or removal of said building within a reasonable time, to be fixed by such notice as hereinafter set forth in § 41-4D.
C.
Set forth in such notice a description of the building,
structure or parts thereof deemed to violate this chapter; a statement
of the particulars in which said building, structure or parts thereof
violate this chapter and that such defect be cured or the building
be removed.
D.
Report to the Village Board any noncompliance with
notices issued.
E.
Appear and testify before the Village Board as to
the conditions of the dangerous building.
F.
Institute such proceedings as directed by the Board
of Trustees to bring about repair or removal of such dangerous building.
[Amended 8-19-1992 by L.L. No. 4-1992]
G.
Firmly affix a notice in a conspicuous place in front
of such dangerous building, reading as follows: "This building has
been found to be a dangerous building by the Board of Trustees of
the Village of Manorhaven. This notice is to remain on this building
until it is repaired or removed or made to comply with the direction
which has been given the owner and occupant. It is unlawful to remove
this notice until such direction is complied with."
The Village Board shall:
A.
Upon receipt of a report from the Superintendent of
Buildings, give written notice to the persons interested in said building
to appear before the Board on a certain day, within 15 days of the
date of the notice, to show cause why compliance with this chapter
should not be made or why said dangerous building reported should
not be repaired or removed in accordance with the report of the Superintendent
of Buildings.
B.
Hold a hearing and take such testimony as the persons
interested in said building may offer relative to the dangerous building.
C.
Make a written finding of facts as to whether the
building in question is a dangerous building as herein defined.
D.
Issue an order commanding the persons interested in
said building to repair or remove same. Such order shall state the
time when compliance shall commence, not more than 10 days after the
making thereof, and shall fix a reasonable time for compliance. The
Village Board may, in its discretion and upon good cause shown, extend
the time for full compliance with said order.
E.
Action by village.
[Amended 8-19-1992 by L.L. No. 4-1992]
(1)
Upon failure of the owner and/or occupant to comply
with said order, cause such dangerous building to be removed or repaired
and shall authorize the work to be done and pay the cost thereof out
of general funds appropriated by the Board of Trustees for such purpose.
The Board of Trustees may incur such legal fees as necessary to have
such work done. The Board may authorize the Superintendent of Buildings
to institute appropriate proceedings before a court of competent jurisdiction
to obtain an order or judgment directing or authorizing such repair
or removal.
(2)
The village shall be reimbursed for the cost of the
work performed or the services rendered, by assessment of all such
costs against the real property where such work was performed or where
the services were rendered, or that was affected by such work or services.
Such costs shall include, but not be limited to, all inspection fees
to determine if the building is unsafe, surveyor's fees, appraisal
charges, demolition charges and all other costs, expenses and legal
fees incurred by the village to bring about compliance with this chapter
and also in connection with any legal proceeding before a court of
competent jurisdiction to obtain an order or judgment directing or
authorizing repair or removal. Such costs shall be added to the next
succeeding tax bill and be a lien on such property.
(3)
To the extent permitted by law, this lien of the village
incurred shall be superior to any other lien or encumbrance, except
preexisting recorded mortgages, taxes, assessments and water rates.
F.
May, from time to time and upon due notice, vacate,
modify or amend any order made by it, and on its own motion or the
motion of any interested person, reopen any proceedings in which it
has made an order, for the purpose of taking testimony, and upon such
rehearing, render any decision or make any order it may deem just
and equitable.
G.
If in its opinion the circumstances warrant, issue
an order to all residents and occupants to vacate an unsafe or dangerous
building, and any person occupying said building thereafter shall
be deemed in violation of this chapter.
All notices or orders required to be given hereunder
shall be sent by registered mail to any interested person at his last
known address, as shown by the current assessment roll, and a copy
of such notice or order shall be posted in a conspicuous place on
the front of said dangerous building.
No officer, agent or employee of the village
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 chapter, and any suit brought against such
officer, agent or employee shall be defended by Village Counsel until
final determination, and the village will bear all the expense of
investigation, defense, settlement and satisfaction of such claims.
Any person deeming himself aggrieved by any
order or direction of the Village Board may have the determination
reviewed by the Supreme Court in the manner prescribed in Article
78 of the Civil Practice Law and Rules.
[Amended 6-22-1966; 11-20-1991 by L.L. No. 3-1991; 1-22-1997 by L.L. No. 1-1997]
For any and every violation of any provision
of this chapter, the owner, general agent or contractor of a building
or premises where such violation has been committed or shall exist,
and the lessee or tenant of an entire building or entire premises
where such violation has been committed or shall exist, and the owner,
general agent, contractor, lessee or tenant of any part of a building
or premises in which part such violation has been committed or shall
exist, and the general agent, architect, builder, contractor or any
other person who knowingly commits, takes part, allows or assists
in any such violation or who maintains any building or premises in
which any such violation shall exist, shall be guilty of a violation
against this chapter, punishable by a fine not exceeding $1,000 or
imprisonment for a period not to exceed 15 days, or both, for conviction
of a first offense; for conviction of a second offense, both of which
were committed within a period of five years, punishable by a fine
of not less than $1,000 nor more than $2,000 or imprisonment for a
period not to exceed 15 days, or both; and upon conviction of a third
or subsequent offense, all of which were committed within a period
of five years, punishable by a fine of not less than $2,000 nor more
than $3,000 or imprisonment for a period not to exceed 15 days, or
both. Each week's continued violation shall constitute a separate
additional violation.
