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Roslyn Estates Village
City Zoning Code

ARTICLE IX

Unsafe Buildings or Structures

§ 200-54 Removal of unsafe buildings.

Collapsed structures and unsafe buildings located in any zoning district of the Village that may be determined dangerous or unsafe to the public may be removed pursuant and subject to the following procedure:
A. 
An inspection and report shall be made by the Building Inspector as designated in writing by the Village Board of Trustees.
B. 
A notice shall be served upon the owner or one of the owner's executors, legal representatives, agents, lessees or managing agent or managing employee, or a person having a vested or contingent interest in such property. Such notice shall be served personally or shall be forwarded by registered mail addressed to the last known address, if any, of the owner or any one of the persons hereinabove named, the ownership of such property to be determined by the name as it appears on the tax rolls of the Village. Such notice shall contain the address of such premises, a description thereof, a statement of the particulars in which the building or structure is unsafe or dangerous and shall contain an order requiring the same to be made safe and secure or removed. If such notice be forwarded by registered mail, a copy of such notice shall be posted on the premises.
C. 
The action demanded by such notice shall be commenced within 10 days after the service thereof where such notice is served personally and within 15 days after the mailing of such notice by registered mail.
D. 
In the event that there shall be a neglect or refusal of a person, firm or corporation, owner of such premises or any of the persons mentioned hereinabove in Subsection B, a survey of the premises shall be made by an official of the Village as appointed by the Village Board of Trustees and a practical builder, engineer or architect to be named by the Village Board of Trustees and a practical builder, engineer or architect appointed by the person notified as above, and, in the event of refusal or neglect of the person so notified to appoint such surveyors, the two surveyors so named shall make the survey and report. In the event that such building or other structures are then reported to be unsafe and dangerous by a majority of such surveyors, an application may be made at a special term of the Supreme Court in the judicial district in which such property is located not less than five nor more than 20 days thereafter 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.
E. 
A signed copy of the report of survey as made pursuant to Subsection D hereof shall be posted on the building or structure.
F. 
All cost and expense incurred by the Village in connection with the proceedings to remove or secure such unsafe building or structures or collapsed structures, including the cost of actually removing such building or structure and the entire survey cost, shall be assessed against the land upon which such building or structures are located.