CHAPTER 33

UNSAFE BUILDINGS

§ 33.1 Title

This Chapter shall be known and may be cited as the "Unsafe Buildings Law of the Incorporated Village of Mineola".

§ 33.2 Unsafe buildings defined

All buildings or structures which have any or all of the following defects shall be deemed "unsafe buildings".

A. Those whose interior 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 non‑supporting 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 Incorporated Village of Mineola.

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

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escapes or other means of escape.

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 this Village.

J. Those buildings existing in violation of any provision of this Municipal Code such as but not limited to the New York State Uniform Fire Prevention and Building Code, the Housing Code and the Zoning regulations.

K. Any building or structure which remains vacant and unattended continuously for a period of five (5) years.

§ 33.3 Standards for repair, vacation or demolition

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

A. If the unsafe 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 unsafe 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 an unsafe building is so damaged or decayed, or deteriorated from its original value or structure so that it can not be economically restored, it shall be demolished, and in all cases where a building can not 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 an unsafe building is a fire hazard existing or erected in violation of the terms of this Chapter or any other provisions of this Municipal Code or laws of the State of New York, it shall be demolished.

§ 33.4 Unsafe buildings; nuisances

All unsafe buildings within the terms of § 33.2 of this Chapter are hereby declared to be public nuisances, and shall be repaired,

UNSAFE BUILDINGS § 33.5

vacated or demolished as hereinbefore and hereinafter provided.

§ 33.5 Duties of the Enforcement Officer

The Enforcement Officer shall:

A. 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 or any other provisions of this Municipal Code and report his or her findings at least annually to the Board of Trustees or more frequently as requested by the Board or the Mayor.

B. Inspect any building, wall or structure reported (as hereinafter provided for) by the Fire or Police Departments or Nassau County Police of this Village as probably existing in violation of the terms of this Chapter.

C. Notify personally or in writing the owner or someone of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or someone of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Assessor or in the office of the County Clerk, of any building found by him or her to be an unsafe building within the standards set forth in § 33.2 of this Chapter:

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. Any mortgagee, agent or other persons having an interest in said building may at his or her own risk repair, vacate or demolish said building or have such work or act done; provided, that any person notified under this Subdivision 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.

D. Set forth in the notice provided for in Subdivision C hereof,a description of the building, or structure deemed unsafe, § 33.5 MUNICIPAL CODE

statement of the particulars which make the building or structure an unsafe 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.

E. Report to the Board of Trustees any noncompliance with the "Notice" provided for in Subdivisions C and D hereof.

F. Appear at all hearings conducted by the Board of Trustees, and testify as to the condition of unsafe buildings.

G. Place a notice on all unsafe buildings reading as follows: "This building has been found to be an unsafe building by this Enforcement Officer. 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, or someone of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or someone of the owner's executors, legal representatives, agents, lessees or other person having vested or contingent interest in the same, as shown by the records of the Assessor or in the office of the County Clerk, of any building found by me to be an unsafe building within the standards set forth in § 33.3 of Chapter 33 of the Incorporated Village of Mineola Municipal Code. It is unlawful to remove this notice until such notice is complied with."

§ 33.6 Duties of Board of Trustees

The Board of Trustees shall:

A. Written notice to owner or lessees.

Upon receipt of a report of the Enforcement Officer as provided for in Subdivision E of § 33.5 hereof, give written notice to the owner, or someone of the owner's executors, legal representatives, agents, lessees or any other person hating a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or someone of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Assessor or in the office of the County Clerk, of any building found by him or her to be an unsafe building

within

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the standards set forth in § 33.3 of this Chapter, to appear before them on the date specified in the notice to show cause why the building or structure reported to be an unsafe building should not be repaired, vacated, or demolished in accordance with the statement of particulars set forth in the Enforcement Officer's notice provided for herein in Subdivisions C and D of § 33.5.

B. Hold hearings.

Hold a hearing and hear such testimony as the Enforcement Officer or the owner, or someone of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property as shown by the records of the Assessor or in the office of the County Clerk shall offer relative to the unsafe building.

C. Written findings of fact.

Make written findings of fact from the testimony offered pursuant to Subdivision B as to whether or not the building in question is an unsafe building within the terms of § 33.2 hereof.

D. Issue order based on findings of fact.

Issue an order based upon findings of fact made pursuant to Subdivision C commanding the owner, or someone of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property as shown by the records of the Assessor or in the office of the County Clerk, to repair, vacate or demolish any building found to be an unsafe 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 unsafe building; or any person not the owner of said unsafe building but having an interest in said building may demolish said unsafe building at his or her own risk to prevent the acquiring of a lien against the land upon which the said unsafe building stands by the Village as provided in Subdivision E hereof.

E. Cause building to be repaired.

If such person fails to comply with the order provided for in Subdivision 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

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hereinbefore provided for in § 33.3 of this Chapter and shall with the assistance of the Village Attorney cause the costs of such repair, vacation, or demolition together with a service charge of fifty percent (50%) thereof to cover costs of supervision and administration, 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 this Village, the Board of Trustees upon recommendation of the Enforcement Officer shall notify the Village Attorney to take legal action to force the owner to make all necessary repairs or to demolish the building.

F. Report names not complying to Village Attorney.

Report to the Village Attorney the names of all persons not complying with the order provided for in Subdivision D of this Section.

§ 33.7 Emergency cases

In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless an unsafe building as defined herein is immediately repaired, vacated or demolished, the Enforcement Officer may, without notice, issue an order reciting the existence of such an emergency and require that such action be taken as he or she deems necessary to meet the emergency. Notwithstanding the other provisions of this Chapter, such order shall be effective immediately and, if possible, served on the party responsible or in possession. If such party is not available or does not respond with sufficient promptness to meet the emergency, then the Enforcement Officer shall have the power to correct the emergency. The costs of such emergency repair, vacation or demolition of such unsafe building shall be collected in the same manner as provided in Subdivision E of § 33.6.

§ 33.8 Where owner absent from the Village

In cases, except emergency cases, where the owner, occupant or lessee is absent from the village all notices or orders provided for herein shall be sent by registered mail to the party in interest as described in Subdivision C of § 33.5 to the last known

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address of such party in interest, and a copy of such notice shall be posted in a conspicuous place on the unsafe building to which it relates. Such mailing and posting shall be deemed adequate service.

§ 33.9 Administrative liability

No officer, agent or employee of the Incorporated Village of Mineola shall render himself or herself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties under this Chapter. Any suit brought against any officer, agent or employee of the Incorporated Village of Mineola as a result of any act required or permitted in the discharge of his or her duties under this Chapter shall be defended by the Village Attorney until the final determination of the proceeding therein.

§ 33.10 Duties of firefighters

Any volunteer firefighter of the Village Fire Department may make a report in writing to the Department of Building and Code Enforcement of any building or structures which are, may be, or are suspected to be unsafe buildings within the terms of this Chapter.

§ 33.11 Duties of Nassau County Police Department

All officers and employees of the Nassau County Police Department, or any other law enforcement official shall make a report in writing to the Department of Building and Code Enforcement of any buildings or structures which are or may be deemed to be unsafe buildings within the terms of this Chapter. Such reports must be delivered to the Department within twenty-four (24) hours of the discovery of such building.

§ 33.20 Penalties for violations

The violation of any provision of this Chapter shall be punishable as set forth in Section 1.10 of this Code. [Amd. LL #8, 2000, 1/5/2000.]

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Cross-references:

Housing Code. Chapter 27

maintenance requirements. § 27.43 et seq.

occupant's duties. § 27.78

operator's duties. § 27.77

owner's duties. § 27.76

structural requirements. § 27.19 et seq.

Uniform Building Code. Chapter 26

Zoning. Chapter 30

References:

Abandoned building which is unsightly and deteriorated, constitute a nuisance in upgraded neighborhood, and owner may be compelled to pay damages to adjacent property owner. Puritan Holding co. v Holloschitz, 82 Misc2d 905.

Authority to enact. Vil L § 4-412(1)

Constitutional due process. "The right to be heard . . . must include a clear and complete notice of the violations charged, and an opportunity to contest, defend against and rebut by affirmative showing the allegations made. (See Mtr of Ryan v Hofstra Univ., 67 Misc2d 651; Mtr of Janks v City of Syracuse, 47 Misc2d 718.)" Moses v City Council of Long Beach, 71 Misc2d 925. See also Mtr of City of NY v Unsafe Bldg, 77 Misc2d 562.

Costs; recovery of, in special proceeding. Gen Mun L § 78-b.

Emergency. Mere passage of time will not undo an emergency situation. Seven So. Main v Common Council, 95 Misc2d 596.

Inspections by fire department. Vil L § 10-1020.

Liability. Owner of vacant building can be held liable for cost of demolishing the structure if city fails to take title through tax sale certificates. Young v Engelstein, 53 NY2d 973.

Order directing demolition or securing building within 24 hours violates due process of law in that owner is not being given adequate notice and reasonable opportunity to be heard and is unconstitutional. Mtr of City of NY v Unsafe Bldg & Structure located at 344 E. 110th St., 77 Misc2d 562.

Recovery of costs to demolish by municipality; special proceeding. Gen Mun L § 78-b.

Search warrant.

A conviction of permitting unsafe building conditions will not be upheld where evidence was obtained by unlawful search. A nonresident owner has the right to restrict entrance to premises unless a search warrant is obtained. People v Rosenthal, 59 Misc2d 565.

Village may adopt a local law to remove unsafe or dangerous buildings constituting a nuisance, provided that the local law is consistent with constitutional due process requirements. 1974 Op Atty Gen (Inf.), Sept. 25. See Mun HRL § 10(1)[ii(e)(3)] for power of Village to adopt.

Supp. #5, 1/29/2001