[HISTORY: Adopted by the Board of Trustees of the Village of Hewlett Neck 8-26-1996 by L.L. No. 2-1996. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- A structure wholly or partly enclosed within exterior walls or within exterior or party walls and a roof, affording shelter to persons, animals or property.
- DANGEROUS OR UNSAFE BUILDING
- A building or structure which is structurally unsound, unsanitary or not provided with adequate ingress or egress or which constitutes a fire hazard or which has become unsafe by reason of of damage by fire, the elements, age or general deterioration or which, in relation to an existing use, constitutes a hazard to public health, safety or welfare by reason of inadequate maintenance, dilapidation, obsolescence or abandonment or which is otherwise dangerous to human life.
- An assembly of materials forming a construction framed of component structural parts for occupancy or use, including buildings.
Upon any written and signed report to the Board of Trustees informing the Board that any person is in violation of the provisions of any law, rule or ordinance of any municipal authority having jurisdiction over property within the Incorporated Village of Hewlett Neck, the Village Clerk shall cause an investigation to be made.
The results of such investigation shall be reported to the Board of Trustees, in writing.
Where such investigation report demonstrates to the satisfaction of the Board of Trustees that an immediate hazard to public health or safety exists because of an apparent violation of any applicable law or ordinance, the Board of Trustees may direct that the owner and/or person in control of the property where the violation is alleged to exist, or the person or persons who are alleged to have committed said violation, appear before the Board of Trustees, at a designated time and place, at least five days after the date of such notice, to show cause why it should not be determined that a violation of this chapter exists and why such owner and/or person should not be required to remove such violation at the expense of such owner and/or person.
After such owner and/or person is given such opportunity to show cause, and if the Board of Trustees determines that a violation of law exists, the Board of Trustees may direct that notice be given to such owner and/or person, directing such owner and/or person to remove or cure said violation within the period of time specified in such notice, and further notifying such owner and/or person that in the event of noncompliance with such direction, the provisions of this chapter shall be applicable.
Service of any notification provided in this section may be made upon such owner, an agent of such owner and/or such person by personal delivery or by certified mail, return receipt requested, addressed to such person at the last known address for such person, and if no such address is known, at the address of the property.
Any person served with a notice or direction to remove or cure a violation pursuant to this chapter shall comply with such notice within the period of time specified in such notice.
In the event that any person fails to comply with the requirements of any notice or direction given as provided in this chapter, the Board of Trustees may authorize appropriate work to be performed, or services to be rendered, to remove or cure the specified violations and may pay the cost thereof from general funds of the village appropriated by the Board of Trustees for such service.
The village shall be reimbursed for the cost of the work performed or the services rendered, as herein provided, including the cost of any professional services required by the village for compliance with the provisions of this chapter and any and all other expenses incurred by the village for compliance with the provisions of this chapter, and including reasonable attorney's fees.
Such reimbursement shall be made by the owner of the property upon which such work was performed or services provided.
In the event that such reimbursement is not made within 30 days after demand, the amount so unpaid shall be included as an additional assessment against the property in the same manner as taxes due to the village, in the manner provided by law.
The provisions of this chapter shall be in addition to any other penalty or fine prescribed for any violation of a law or ordinance of the village.
Except as otherwise provided herein, the penalties provided in this chapter shall be applicable to any violation of any law, ordinance or regulation of the Village of Hewlett Neck, affecting the public health and safety, committed within said village.
All violations existing with said village shall be deemed to be continuing violations.
All orders and or costs imposed by the Village of Hewlett Neck shall be in addition to, and not in lieu of, any fines or penalties imposed pursuant to any other law or ordinance.