Buildings, Unsafe

If such owner or persons served with the notice provided for in § 90-3 above shall fail to pay the costs and expenses incurred by the village within 30 days after being notified of the costs thereof by registered or certified mail, the costs set forth thereon shall be assessed against the property and become a lien thereon. Any such bill which remains outstanding on April 15 of each year shall be added to the Village tax bill for the property, collectible in the same manner as delinquent Village taxes and assessments. Any appeal must be filed with the Village Manager within 10 days of the bill and must set forth the reason why the owner or occupant believes the cost should not be payable by the owner or occupant under the provisions of this section. If requested, the owner or occupant will be given the opportunity to discuss their position with the Village Manager. The decision of the Village Manager shall be made within 10 days after receipt of the appeal or any such discussion and shall be final.

All buildings or structures which are structurally unsafe, insanitary or which constitute a fire hazard or are otherwise dangerous to human life or which constitute a hazard to safety or health are, for the purpose of this chapter, "unsafe buildings." All unsafe buildings are hereby declared to be illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedure of this chapter.

No person, firm, corporation or association, who or which is the owner of a building in the Village of Croton-on-Hudson, shall cause, suffer, allow or permit said building to become or remain an unsafe building. In the event that any building now is or hereafter becomes an unsafe building from any cause whatsoever, said owner or occupant shall promptly repair or remove said building.

In the event of the failure of the owner of any such building to repair or remove the same, the Village Engineer or his designee shall make a complete inspection and report of the condition of said building to the Board of Trustees of the village. The Village Engineer shall cause notice to be served on the owner or some one of the owners, executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in said building. Said notice shall contain a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous and an order requiring said building or structure to be made safe and secure or be removed. Said notice shall also provide for the time within which the person served with said notice shall commence and complete the securing or removal of the building or structure. If service shall be made by registered or certified mail, a copy of the notice shall be posted on the premises. Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

In the event of the neglect or refusal of the person so served with said notice to comply with the same, a survey of the premises shall be made by the Village Engineer and a practical builder, engineer or architect named by the Board of Trustees and a practical builder, engineer or architect appointed by the person notified as above; and, in the event of the refusal or neglect of the person so notified to appoint such surveyor, the two surveyors named shall make the survey and report.

The notice referred to in § 90-3 above shall further provide that, in the event that the building or other structure shall be reported dangerous or unsafe under such survey, an application will be made at any term of the Supreme Court, Westchester County, or any other court of competent jurisdiction for an order determining the building or other structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed.

A signed copy of the report of the survey shall be posted on the building, and the surveyor appointed by the Board of Trustees may be compensated by the village.

In case the owner, agent, lessee, occupant or other person having an interest in the building cannot be found within the stated time limit or if such person shall fail, neglect or refuse to comply with said notice to repair and rehabilitate or to demolish and remove said unsafe building or portion thereof after it has been found unsafe or dangerous in the survey provided for in § 90-4 above, the Board of Trustees shall be advised of all the facts in the case and shall be empowered to institute an appropriate action in the Supreme Court, Westchester County, or other court of competent jurisdiction to compel compliance or, alternatively, to authorize the village to take the necessary action at the owner's expense.

If the Village Engineer finds that there is actual and immediate danger of failure or collapse so as to endanger life, the notice provided for in § 90-3 above shall also require the building or portion thereof to be vacated forthwith and not reoccupied until the specified repairs and improvements are completed, inspected and approved by the building official. The Village Engineer shall cause to be posted at each entrance to such building a notice reading: "This building is unsafe, and its use or occupancy has been prohibited by the Village Engineer." Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents or other servants to remove such notice without written permission of the Village Engineer or for any person to enter the building except for the purpose of making the required repairs or demolishing the same. Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

In cases of emergency which, in the opinion of the Village Engineer or his designee, involve imminent danger to human life or health, he shall promptly cause such building, structure or portion thereof to be made safe or removed. For this purpose, he may at once enter such structure or land on which it stands or abutting land or structure, with such assistance and at such cost as may be necessary. He may vacate adjacent structures and protect the public by appropriate barricades or such other means as may be necessary and, for this purpose, may close a public or private way. Editor's Note: Amended at time of adoption of code; see Ch. 1, General Provisions, Art. I.

All costs and expenses incurred by the village in connection with any and all of the above proceedings to remove or secure, including the cost of actually removing said building or structure or securing the same, shall be assessed against the land on which the building or structure is located.