Village of Spring Valley, NY Chapter 89 Buildings, Unsafe

[HISTORY: Adopted by the Board of Trustees of the Village of Spring Valley 12-7-1970 as Ch. 5, Art. II, of the 1970 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Code Enforcement Bureau — See Ch. 8.

Building construction and fire prevention — See Ch. 82.

Housing standards — See Ch. 147.

§ 89-1 Identification of dangerous buildings.

All buildings or structures which have any or all of the following defects shall be deemed dangerous buildings:

A. Those whose exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.

B. Those which, exclusive of the foundation, show thirty-three percent (33%) or more of damage or deterioration of the supporting member or members or fifty percent (50%) of damage or deterioration of the nonsupporting enclosing or outside walls or covering.

C. Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used.

D. Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the village.

E. Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein.

F. Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.

G. Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of communication.

H. Those which have parts thereof which are so attached that they may fall and injure members of the public or property.

I. Those which because of their condition are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of the village.

J. Those buildings existing in violation of any provision of Chapter 82, Building Construction and Fire Prevention, or any other provisions of the Code of the village.

§ 89-2 Dangerous buildings declared nuisances.

All dangerous buildings within the terms of § 89-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.

§ 89-3 Standards for repair, vacation or demolition.

The following standards shall be followed in substance by the Building Inspector and the Board of Trustees in ordering repair, vacation or demolition:

A. If the dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be ordered repaired.

B. If the dangerous building is in such condition as to make it dangerous to the health, morals, safety or general welfare of its occupants, it shall be ordered to be vacated.

C. In any case where a dangerous building is fifty percent (50%) damaged or decayed or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be demolished. In all cases where a dangerous building is a fire hazard existing or erected in violation of the terms of this chapter or any provision of this Code or statute of the State of New York, it shall be demolished.

§ 89-4 Duties of Building Inspector.

The Building Inspector shall:

A. Inspect or cause to be inspected semiannually all public buildings, halls, theaters, hotels, houses of worship, multiple dwellings or commercial, manufacturing or loft buildings for the purpose of determining whether any conditions exist which render such places a dangerous building within the terms of § 89-1 of this chapter.

B. Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this chapter.

C. Inspect any building, wall or structure reported, as hereinafter provided for, by the Fire Department as probably existing in violation of the terms of this chapter.

D. Notify, in writing, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building, as shown by the land records of the Rockland County Clerk, of any buildings found by him to be a dangerous building within the standards set forth in § 89-1 of this chapter that:

(1) The owner must vacate or repair or demolish said building in accordance with the terms of the notice and this chapter.

(2) The occupant or lessee must vacate said building or may have it repaired in accordance with the notice and remain in possession.

(3) The mortgagee agent or other persons having an interest in said building, as shown by the land records of the Rockland County Clerk, may at his own risk repair, vacate or demolish said building or have such work or act done, provided that any person notified under this subsection to repair, vacate or demolish any building shall be given such reasonable time, not exceeding thirty (30) days, as may be necessary to do or have done the work or act required by the notice provided for herein.

E. Set forth in the notice provided for in Subsection D hereof a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding thirty (30) days, as is reasonable.

F. Report to the Board of Trustees any noncompliance with the notice provided for in Subsections D and E.

G. Appear at all hearings conducted by the Board of Trustees and testify as to the condition of dangerous buildings.

H. Place a notice on all dangerous buildings reading as follows:

This building had been found to be a dangerous building by the Building Inspector. This notice is to remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given the owner, occupant, lessee, mortgagee or agent of this building and all other persons having an interest in said building, as shown by the land records of the Rockland County Clerk. It is unlawful to remove this notice until such notice is complied with.

§ 89-5 Hearing.

An owner or lessee will be granted the privilege of a hearing, upon request, within ten (10) days after service of violation from the Building Inspector as provided in this chapter. This hearing will be conducted by the Board of Trustees, and the Board's decision will be final.

§ 89-6 Duties of Board of Trustees.

A. Notice to appear before Board. The Board of Trustees shall, upon receipt of a report to the Building Inspector as provided for in § 89-4F hereof, give written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said buildings, as shown by the land records of the Rockland County Clerk, to appear before said Board on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Building Inspector's notice provided for herein in § 89-4E.

B. Hearing. The Board of Trustees shall hold a hearing and hear such testimony as the Building Inspector or the owner, occupant, mortgagee, lessee or any other person having an interest in said building, as shown by the land records of the Rockland County Clerk, shall offer relative to the dangerous building.

C. Findings of fact. The Board of Trustees shall make written findings of fact from the testimony offered pursuant to Subsection B hereof as to whether or not the building in question is a dangerous building within the terms of § 89-1 of this chapter.

D. Order to correct condition. The Board of Trustees shall issue an order based upon findings of fact made pursuant to Subsection C of this section commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building, as shown by the land records of the Rockland County Clerk, to repair, vacate or demolish any building found to be a dangerous building within the terms of this chapter, and provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said dangerous building; or any person not the owner of said dangerous building, as shown by the land records of the Rockland County Clerk, may demolish said dangerous building at his own risk to prevent the acquiring of a lien against the land upon which said dangerous building stands by the village, as provided in Subsection E hereof.

E. Correction of condition by village; lien created. If the owner, occupant, mortgagee or lessee fails to comply with the order provided for in Subsection D hereof within ten (10) days, the Board of Trustees shall cause such building or structure to be repaired, vacated or demolished, as the facts may warrant, under the standards hereinbefore provided for in § 89-3 of this chapter and shall, with the assistance of the Village Attorney, cause the costs of such repair, vacation or demolition to be charged against the land on which the building existed as a municipal lien or cause such costs to be added to the tax rolls as an assessment or to be levied as a special tax against the land upon which the building stands or did stand or to be recovered in a suit at law against the owner, provided that, in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety or general welfare of the people of the village, the Board of Trustees shall notify the Village Attorney to take legal action to force the owner to make all necessary repairs or demolish the building.

F. Reports to Attorney. The Board of Trustees shall report to the Village Attorney the names of all persons not complying with the order provided for in Subsection D hereof.

§ 89-7 Duties of Village Attorney.

A. Prosecution of violators. The Village Attorney shall prosecute all persons failing to comply with the terms of the notices provided for herein in § 89-4D and E and the order provided for in § 89-6D.

B. Appearance at hearings. The Village Attorney shall appear at all hearings before the Board of Trustees in regard to dangerous buildings.

C. Suits to collect expenses. The Village Attorney shall bring suit to collect all municipal liens, assessments or costs incurred by the Board in repairing or causing to be vacated or demolished dangerous buildings.

D. Other legal action. The Village Attorney shall take such other legal action as is necessary to carry out the terms and provisions of this chapter.

§ 89-8 Emergency cases.

In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a dangerous building, as defined herein, is immediately repaired, vacated or demolished, the Building Inspector shall report such facts to the Board of Trustees, and the Board shall cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in § 89-6E hereof.

§ 89-9 Notice to absent owners.

In cases, except emergency cases, where the owner, occupant, lessee or mortgagee is absent from the village, all notices or orders provided for herein shall be sent by registered mail to the owner, occupant, lessee or mortgagee and all other persons having an interest in said building, as shown by the land records of the Rockland County Clerk, to the last known address of each, and a copy of such notice shall be posted in a conspicuous place on the dangerous building to which it relates. Such mailing and posting shall be deemed adequate service.

§ 89-10 Administrative liability.

No officer, agent or employee of the village shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the furtherance of the provisions of this chapter.

§ 89-11 Penalties for offenses.

[Amended 4-12-1988 by L.L. No. 11-1988]

Disregarding notices or orders. Any owner, agent, occupant or lessee who disregards any notice or order issued pursuant to the provisions of this chapter or removes the same shall be punished as follows: any owner, agent, occupant or lessee who shall violate any provision of this chapter shall be guilty of a violation punishable by a fine not to exceed five thousand dollars ($5,000.) and/or imprisonment for a period not exceeding fifteen (15) days, or both. The continuance of such offense against the provisions of this chapter shall constitute, for each and every day or part thereof the same is continued, a separate and distinct violation hereunder.