Local Laws and Ordinances

Incorporated Village of Shoreham

Local Law 93-1

Hazardous Building Law

Section 2; Enforcement

2.1 Jurisdiction

Under this chapter the Building Inspector or Building Superintendent, or the Trustees in their absence or waiver, and Mayor shall have jurisdiction for the purpose of demolishing, taking down or removing any hazardous, dangerous or unsafe building or structure, or for taking remedial action toward making any of said buildings or structure safe and secure or for compelling such buildings or structures to be vacated by its occupants.

2.2 Investigation and report; notice to be served.

  1. Upon receipt of information that a building or structure may be dangerous, the Building Inspector or Superintendent shall cause an investigation of the premises to be made and an inspection report submitted and filed in his office.

  2. After the report is filed in his office, and if the report shall confirm the existence of a dangerous building or structure, as defined in 1.3 of this chapter, the Building Inspector or superintendent shall cause a notice to be served upon the owner or his executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in same, and previously defined herein, and either personally or by registered mail, addressed to the last known address, if any, of the owner or his executors, legal representatives, agents, Iessees or any other person having a vested or contingent interest in same, as shown by the records of the Village Assessor or the office of the Suffolk County Clerk. The receipt of the postmaster for such registered mail or the affidavit of the person mailing it shall be sufficient evidence of the service of the notice.

2.3 Contents and service of notice.

  1. The notice shall contain the following:

    1. A description of the premises.

    2. A statement of the particulars in which the building is unsafe or dangerous.

    3. An order outlining the manner in which the building is to be made safe and secure, or demolished and removed.

    4. An order that the repairing, securing or removal of such building or structure shall commence within ten (10) days of the date of personal service or mailing of the written notice and shall be completed within thirty (30) days thereafter, unless for good cause showing such shall be extended.

    5. A date, time and place for a hearing before the Village Board in relation to such dangerous or unsafe building or structure, which hearing shall be scheduled no more than five (5) business days from the date of personal service or mailing of the written notice.

  2. Service of this notice shall be by personal service or by registered mail, and if by registered mail, a copy of the notice shall be posted on the premises.

2.4 Compliance with notice and order.

If the person served with the notice shall immediately certify in writing his assent to the repairing, securing or the demolition or removal of the dangerous building or structure in question, he shall be permitted ten (10) days within which to commence an abatement of the dangerous conditions affecting the building or structure and shall employ sufficient labor and assistance to repair, secure or demolish and remove such building or structure within a reasonable period of time thereafter.

2.5 Procedure upon refusal, neglect or failure to comply with notice and order.

Upon refusal, neglect or failure of the person or persons to comply with the requirements and specifications therein, or upon their rejection of such notice, a notice of survey shall be served upon him by the Building Inspector or the Superintendent of the Building Department either in person or by registered mail, giving notice that a survey of the premises described in the notice will be made at a date, time and place therein specified, a copy or such notice shall be posted on the premises.

2.6 Survey.

  1. The survey shall be made by two (2) competent persons, of whom one (1) shall be the Building Inspector or Superintendent of the Building Department or a building inspector designated by him, and the other shall be registered architect or a licensed professional engineer appointed by the Village Board.

  2. Within a reasonable time after the survey is completed, the determination thereof shall be made by such persons in writing and filed in the office of the Superintendent of the Building Department, and a copy thereof shall be posted on the subject building or structure.

  3. All notices posted pursuant to any provision of this chapter are to remain on the building or structure until it is repaired, secured, demolished or removed or made to comply with the directions which have been given the owner.

  4. The two (2) persons designated pursuant to the provisions of Subsection A hereof shall make the survey, and should they disagree, the Village Board shall appoint a third person, whose decision shall be final, to take part in the survey, who shall be either a practical builder, licensed professional engineer or registered architect, either one having at least ten (10) years' practice in his respective profession.

2.7 Compensation for surveyor appointed by Village Board.

The architect, engineer or third surveyor appointed by the Village Board as hereinbefore provided who may act on any survey required by this chapter shall be entitled to a fee to be determined and fixed by the Village Board.

2.8 Filing of notice with County.

A copy of the notice described in Section 2.3 of this chapter will be filed in the office of the County Clerk of Suffolk County and shall have the same effect as a notice of tendency pursuant to Article 65 of the civil practice laws and rules, and shall have the same effect as a notice of tendency as therein provided, except as otherwise hereinafter provided in this paragraph. A 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.

2.9 Village action after refusal to comply with order.

In the event of the refusal or neglect of the person or persons to comply with the order of the Village Board of Trustees or Mayor after the resolution duly adopted, the Village Board of Trustees or Mayor shall provide the repairing, securing and making safe or the demolition and removal of such building or structure by Village employees on contract. Except in emergency, as provided in Section 3.1 of this chapter, any contract for the repairing, securing and making safe or the demolition and removal of a building or structure in excess of the amount of twenty thousand dollars ($20,000.) shall be awarded through competitive bidding.

2.10 Hearing in the event of noncompliance and required repair and Demolition.

In the event that there is noncompliance with any provision of this local law which requires action by the noticed party or interest in order to cure, cease, repair or demolish an unsafe or hazardous structure, or a nuisance, due to the fact that such violation of this local law was duly and properly noticed to such party of interest and that the noncompliance has continued for the period during which such condition was required to have been cured, repaired or demolished, which period shall be not less than thirty days then upon a hearing of the Board of Trustees of the Village, and a vote at such hearing to have been duly taken and recorded, the Village of Shoreham may cure or correct such violation or demolish such unsafe or hazardous structure without further prior notice. In the event of such noncompliance, and the hearing of the Board of Trustees to authorize such action, a notice shall be posted on the site of the hazard or nuisance, and shall designate the violation, the action required, and the time and date of the hearing at which the demolition or repair is to be authorized. Such notice shall be served on all parties of interest in the property as provided hereunder. All costs and expenses incurred by the Village of Shoreham in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure, shall be assessed by the Village as an assessment in the form of a real property tax lien against the land and real property on which said building or structures are located. The requirements of hearing of this subparagraph shall not apply in the event of an emergency as defined hereunder.

2.11 Interference.

It shall be unlawful for any person, whether or not the property affected by this chapter, to interfere with or hinder the building inspector or superintendent of the Building Department or representative, or any person acting in his behalf, or the officials of the Village of Shoreham in their duties as set forth in this chapter.

2.12 Reimbursements and assessment.

The Village shall be reimbursed for the cost of the forms or services rendered as provided in this chapter for assessment against and collection from the lots or parcels where such work vas performed or services rendered as much of the actual and complete cost as incurred upon each lot or lots, in the manner provided for the assessments and public improvements by applicable law, together with appropriate interest.

2.13 Penalties for Offenses, separate offense.

Any person or persons violating any provisions of this chapter shall be subject to the penalty after a period of twenty-four hours has passed since the original date of service of the notice as prescribed herein, and after which such period, there has been no abatement, cure correction or cessation of the hazardous condition. The penalty hereunder shall be not less than two hundred and fifty dollars per violation or condition, upon the original service of notice as provided herein, each and every day for which the nuisance exists shall be considered a separate offense and violation of this statute for which a separate penalty shall be assessed, and for which the owner, mortgagee, manager or any other party having a vested or contingent interest shall be liable.

2.14 Civil Remedies of Village and Civil Action for Penalties.

No provision, section or paragraph of this article shall be deemed to be or constitute a waiver by the Village of Shoreham of any of its rights to or causes of action available to it for civil or equitable remedies seeking the cessation, elimination or assisting of any hazardous condition, and the Village of Shoreham expressly reserves the right, in addition to or as an alternative to, at the Village's option to pursue a civil action for the recovery of penalties for violation or noncompliance, and the cumulative penalties for several or numerous violations as defined herein, shall be recoverable by the Village in a civil action.

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