§ 111-20. Unsafe buildings.

A. 

Unsafe building procedure. All buildings or structures that endanger the health, safety or welfare of the public shall be deemed to be unsafe buildings or structures. Such buildings or structures shall be repaired or removed in accordance with the following provisions and procedures herein established. A completely vacant building, unguarded or open at door or window or roof, shall be deemed a fire hazard and unsafe within the meaning of the code.

B. 

Power to examine. The Building Official shall have the power to examine every building or structure reported as dangerous, unsafe structurally or constituting a fire hazard and which endangers the health, safety or welfare of the public. After such examination, the Building Official shall make a report of his findings.

C. 

Unsafe building notice. Whenever the Building Official finds that a building or structure is unsafe, he shall cause notice to be served upon the owner and all other persons having an interest in such property or structure and, in the case of an absentee or unknown owner, to the person to whom tax bills are mailed, either personally or by certified mail, return receipt requested, addressed to the last known addresses as shown by the records of the City Treasurer, containing a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous and an order of the Building Official requiring the same to be repaired or removed; if such service is made by registered mail, a copy of said notice shall at the same time be posted on the premises.

[Amended 11-20-2018 by Ord. No. 2018-226]

D. 

Owner responsibility. The owner so served shall commence the repair or removal of such building or structure within a period of 30 days from the date of mailing the notice.

E. 

Copy of notice. A copy of such notice shall be filed in the office of the Clerk of the County of Westchester, which notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this section. 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 the Judge or Justice of a court of record or upon the consent of the Corporation Counsel. The Clerk of the County of Westchester shall mark such notice with 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.

F. 

Hearings. The Building Official shall provide for a hearing to be afforded to the owner, notice of which shall be served upon the owner, specifying the time and place when the hearing will be held, and to such other persons having an interest in the property or structure affected. The notice may be included in the notice to repair or demolish.

G. 

Failure of owner. In the event that the owner fails, neglects or refuses to repair or remove the same within the period of 30 days herein provided, then the City is authorized to enter upon and remove the building or structure or make the necessary repair to render the building or structure safe.

H. 

Costs. All costs and expenses incurred by the City in connection with proceedings to repair or remove an unsafe building or structure shall be assessed against the land on which such building or structure is located, including the cost of actually removing the same.