[HISTORY: Adopted by the Board of Trustees of the Village of Sagaponack 8-13-2007
by L.L. No. 5-2007. Amendments noted where applicable.]
This chapter shall apply to the territory of the Village of Sagaponack.
A building or structure or equipment therein shall be deemed to be unsafe
or unsanitary if found to be dangerous to life, health, property or safety
of the public or occupants. Such condition may be as a result of a lack of
provision of minimum safeguards to protect or warn occupants in the event
of fire, or because such structure is unsanitary or vermin or rat infested,
contains filth and contamination or lacks ventilation, illumination, sanitary
or heating facilities or other essential equipment required by this chapter,
or contains unsafe equipment or nonfunctioning equipment that is so damaged,
decayed, dilapidated, structurally unsafe or unsound that partial collapse
is possible. For purposes of this chapter, "structure" is anything constructed
or erected on or under the ground or upon another structure or building, excluding
walkways and driveways. "Structure" includes the word "building." All such
buildings and structures are hereby declared to be illegal and are prohibited
and shall be abated by repair and rehabilitation or by demolition and removal
in accordance with the procedures of this chapter.
The Building Inspector shall inspect any building or structure, either
upon a complaint or upon his own knowledge, where a building or structure
may be dangerous or unsafe pursuant to the provisions of this chapter. The
Building Inspector shall file a report with the Board of Trustees with regard
to the condition of any building or structure so inspected. The report shall
include the date of the inspection, the condition of the building or structure,
a determination as to whether the building or structure is dangerous or unsafe,
an opinion as to what caused the condition and recommendations for the correction
of any dangerous or unsafe condition.
Where the Board of Trustees, pursuant to the Building Inspector's report,
finds a building or structure to be dangerous or unsafe, the Board, by resolution,
shall direct the Building Inspector to give notice to be served on the owner
or some one of the owner's executors, legal representatives, agents, lessees
or other persons having a vested or contingent interest in the same.
A.
Notice shall be served either personally or by registered
or certified mail, addressed to the last known address, if any, as shown by
the records of the Village Clerk and/or in the office of the County Clerk.
If service is made by registered or certified mail, a copy of such notice
shall be posted on the premises.
B.
Notice shall contain the following:
(1)
A description of the premises.
(2)
A statement of the particulars of why the building is
unsafe or dangerous.
(3)
An order requiring buildings or structures to be repaired
or removed.
(4)
A statement that the securing or removal of the building
or structure shall commence within 10 days from the date of service of the
notice and shall be completed within 30 days thereafter. The Building Inspector
may extend the time of compliance specified in the notice where there is evidence
of intent to comply within the time specified and conditions exist which prevent
immediate compliance. In granting any such extension of time, the Building
Inspector may impose such conditions as he may deem appropriate.
(5)
A statement that, in the event of the neglect or refusal
of the person served with notice to comply with the same, a hearing will be
held before the Board of Trustees, notice of which and the time and place
thereof to be specified in the notice to the owner referred to in this section.
(6)
A statement that, in the event that the Board of Trustees,
after hearing, shall determine that the building or structure is unsafe or
dangerous to the public, the Board of Trustees may order the building or structure
to be repaired and secured or taken down and removed.
(7)
A statement that in the event that the building or structure
shall be determined by the Village to be unsafe or dangerous, and in the event
of the neglect or refusal of the owner to repair or remove the same within
the time provided, the Village may cause to be removed such building or structure
by whatever means it deems appropriate and assess all costs and expenses incurred
by the Village in connection with the proceedings to remove or secure, including
the cost of actually removing said building or structure, against the land
on which said buildings or structures are located.
Notice served pursuant to this chapter shall also be filed in the office
of the County Clerk. Such notice shall be filed by such Clerk in the same
manner as a notice of pendency pursuant to Article 65 of the Civil Practice
Law and Rules and shall have the same effect as a notice of pendency, except
as otherwise provided. Notice so filed shall be effective for a period of
one year from the date of filing; provided, however, that it may be vacated
upon the order of a judge or justice of a court of record or upon the consent
of the Village Attorney. The Clerk of the county where such notice is filed
shall mark such notice and any record or docket thereof as canceled of record
upon the presentation and filing of such consent or of a certified copy of
such order.
Before a building or structure may be removed hereunder, a public hearing
shall be held.
If the Building Inspector so determines, in his/her inspection of any
building or structure, that said building or structure or equipment is dangerous,
unsafe or unsanitary pursuant to the provisions of this chapter, he/she shall
promptly require the building or structure or portion thereof to be vacated
forthwith and not be reoccupied until the specified repairs are completed,
inspected and approved by the Building Inspector. For this purpose, he/she
may enter such building or structure or land on which it stands or adjoining
land or structures with such assistance and at such cost as may be necessary.
He/she may also order adjacent structures to be vacated and protect the public
by appropriate barricades or such other means as may be necessary and for
this purpose may close a private or public right-of-way. The Building Inspector
shall cause to be posted at each entrance to such building or structure a
notice stating: "This building is unsafe and its use or occupancy has been
prohibited by the Building Inspector." 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 or his or its agents or other persons
to remove such notice without written permission of the Building Inspector
or for any person to enter the building except for the purpose of making the
required repairs or the demolition thereof.
All costs and expenses incurred by the Village in connection with any
proceeding or any work done to remove the danger or in connection with the
demolition and removal of any such building or structure shall be assessed
against the land on which such building or structure is located, and a statement
of such expenses shall be presented to the owner of the property, or if the
owner cannot be ascertained or located, then such statement shall be posted
in a conspicuous place on the premises. Such assessment shall be and constitute
a lien upon such land. If the owner shall fail to pay such expenses within
10 days after the statement is presented or posted, a legal action may be
brought to collect such assessment or to foreclose such lien. As an alternative
to the maintenance of any such action, the Building Inspector may file a certificate
of the actual expenses incurred as aforesaid, together with a statement identifying
the property in connection with which the expenses were incurred and the owner
thereof, with the Assessors, who shall, in the preparation of the next assessment
roll, assess such amount upon such property. Such amount shall be included
in the levy against such property, shall constitute a lien and shall be collected
and enforced in the same manner, by the same proceedings, at the same time
and under the same penalties as are provided by law for the collection and
enforcement of real property taxes in the Village of Sagaponack.
A.
Any person who neglects, refuses or fails to comply with
any order or notice issued hereunder shall be guilty of an offense punishable
by a fine not to exceed $1,000 or by imprisonment for a term not to exceed
15 days.
B.
Nothing in this chapter shall be construed as depriving
the Village of any other available remedy relevant to a violation of this
chapter.
Vacant structures shall comply with §§ 311.1 through
311.4 of the Fire Code of New York State.
