[HISTORY: Adopted by the Board of Trustees of the Village of Menands 7-14-1925
as Art. 12 of the General Ordinances. Amendments noted where applicable.]
Whenever any building or part of a building in the Village of Menands,
New York, shall become unsafe by reason of its use or mode of construction,
the Board of Trustees shall have power to make such order, relative to the
discontinuance or modification of such use and the demolition, repair or strengthening
of such building, after giving the parties in interest a written or printed
notice and a reasonable opportunity to be heard, as the nature of the occasion
requires; and to prohibit the use of such building or part of a building until
the order of said Board of Trustees is complied with. Such order shall prescribe
the time within which such use shall be discontinued or modified or such demolition,
repair or strengthening shall be made, and said Board of Trustees shall cause
a certified copy of said order to be served upon the owner or occupants of
any such building or part of a building or the agent of any such owner. If
the building is vacant or the owner absent, the notice provided for herein
shall be served by attaching a copy thereof to the building and delivering
a copy thereof to any person having charge of the building and mailing a copy
to the owner as shown by the assessment rolls of the Village. Proof of service
of such notice by the Board of Trustees in this manner shall be deemed sufficient
service. If after the service of such notice the owner or occupant of any
such building shall neglect or refuse to comply with the order of said Board
of Trustees or its agent or servant relative to the use of such building or
shall neglect to comply with the order of said Board of Trustees or its servant
relative to the demolition, repair or strengthening of such building, the
Board of Trustees is hereby authorized and empowered to employ such labor
and furnish such materials and take such steps as, in its judgment, may be
necessary to make the building safe.
The value of the work done and the materials furnished in doing said work or any part thereof under and by direction of said Board of Trustees, as provided for in § 64-3, shall, when properly certified by said Board of Trustees, be audited and paid by the Village in the same manner as other claims against the Village are audited and paid, and the amount so paid shall be and remain a lien against the property upon which the work is done and shall be collected by the Village from the owner of said property in the same manner as taxes are collected.
[Amended 2-5-2007 by L.L. No. 1-2007]
Any person or persons who shall refuse or neglect to comply with any
order of the Board of Trustees relative to the demolition, repair or strengthening
of such building or part of building or who shall violate the provisions of
this chapter shall be liable to a penalty not exceeding $250 for the first
offense and $500 for any offense thereafter and, in addition
thereto, said violation shall constitute disorderly conduct and the person
violating the same shall be a disorderly person. Each incidence of any violation
of a provision herein shall constitute a subsequent offense.
