Local Laws and Ordinances

A local law creating a chapter of the Code of the Village of Shoreham entitled; "Hazardous Buildings Local Law"

BE IT ENACTED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF SHOREHAM, as follows:

Section 1: Title, Purpose, and Definitions

1.1(A). Enactment

Pursuant to Section 10 of the Rome Rule Law, the Village of Shoreham, County of Suffolk, State of New York, hereby enacts by local law No. 1 of 1993, this local law to include a new chapter which shall be this local law No. 1 of 1993.

1.1(B). Effective Date

The local law shall take effect twenty (20) calendar days from March 12, 1993, which is the date of the local law's adoption and filing pursuant to Section 27 of the Municipal Home Rule Law.

1.2 Intent

WHEREAS, the Village of Shoreham contains numerous structures of residential and commercial use, the proper use, maintenance and demolition, if necessary, of which is essential to the health, welfare, and well-being of the residents or the Village of Shoreham, and

WHEREAS, it is deemed by the Trustees of the Village of Shoreham that it is in the best interests of the residents of the Village that a local be in effect whereby the Trustees, and Mayor may take action as necessary to either cure, correct, or remove hazardous buildings or nuisances or cause hazardous buildings or nuisances to be cured or removed, and

WHEREAS, it is necessary for the Trustees of the Village of Shoreham to have a means for designating these structures and conditions which may exist in the Village as being a hazardous building, nuisance or otherwise unsafe condition, if in fact the condition is such, the Trustees of the Village of Shoreham do hereby enact this Local Law No. 1 of the year of 1993 for the intent and purpose of providing such power to the Village of Shoreham and the officials designated hereunder or by law.

1.3 Conditions constituting dangerous buildings; Definitions.

"Dangerous buildings" shall mean any building or structure which has any one or more of the following conditions:

1. Those where any interior wall or walls, or other structure or load-bearing members, list, lean or buckle to such an extent that a plumb line, passing from any overhead supporting member through the center of gravity, falls outside the middle third of its base.

2. Those which exclusive of the foundations, show thirty three and one-third Percent (33 1/3%) or more of deterioration of the supporting member or members, or fifty percent (50%) or more damage to or deterioration of the nonsupporting, enclosing or exterior wall or covering.

3. Those which have improperly distributed loads upon the floors or roofs, or in which the floors or roofs are not loaded or which have insufficient strength to be reasonably safe for the purpose used and which do not meet the minimum standards prescribed by the Various codes of the Village of Shoreham.

4. Those having inadequate or insufficient facilities for ingress and egress in the event of fire, panic or other emergencies or those having insufficient: stairways, elevators, fire escapes, aisles, passageways, corridors or other means of access and which do not meet minimum standards prescribed by the Various Codes village of Shoreham.

5. Those which have parts thereof which are so attached or connected in such a manner that they may fall, collapse or cause damage and injury to the occupant thereof or other persons or property.

6. Those which, in whole or in part, are used for residential, mercantile, industrial, storage, assembly, institutional or any other purpose, for want of repair, lack of sufficient fire escapes or exit, or by reason of age, fire or dilapidated condition or from any other cause, may now be, or shall at any time hereafter become, unsafe or dangerous structurally or a fire hazard or a nuisance to the general public.

7. A vacant building, unguarded or open at a door or window.

8. Those which have been damaged by fire, wind, act of vandalism 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 of Shoreham.

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

10. 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.

11. Those buildings or structures in which there exist violations of any provisions of any code, ordinance or law of the Village of Shoreham or any governmental agency having jurisdiction, 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 of Shoreham.

12. Those which, in whole or in part, have an existing electrical wiring system which is defective or which fails to meet ventilation requirements as prescribed by applicable provisions of law, or which have plumbing, sewage or drainage facilities that are not in conformity with applicable building and plumbing codes or any other code of the Village of Shoreham, or which is overcrowded.

1.4 Nuisances

All dangerous buildings within the terms of 1.3 of this chapter are hereby declared to be public nuisances and shall be vacated and/or repaired, secured, demolished and removed as hereinafter provided.

1.5 Definitions

As used in this chapter, the following terms shall have their meaning indicated:

OWNER - Includes the owner of record or any mortgagor, a tax lien purchaser, a lienor, a mortgagee, lessor and any other person having a vested or contingent interest in said Premises and anyone exercising rights of ownership therein indicated by the records of the clerk of Suffolk county or by the records of the Village Assessor.

POSTING - The fastening, nailing, tacking or substantially securing by any other means of any notice, order, directive or official decision on a building or structure.

REPAIR - includes any alteration, structural change of the performance of any necessary requisite for the elimination of any hazardous, dangerous or unsafe condition of any dangerous building or structure, within the purview of this chapter.

SUPERINTENDENT - The Superintendent of the Building Department, or the Superintendent of Buildings of the Village or Building Inspector of the Village of Shoreham.

SURVEY - A written determination in a report after an on-site inspection, by a designated inspector of the Village of Shoreham, in conjunction with a registered architect or licensed professional engineer, appointed by the Village Board, to be made after refusal or neglect of said person who has been served with a notice to make safe, repair or demolish and remove the dangerous building or structure.

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