§ 94-4. Unsafe vacant property prohibited; costs to be assessed against owner., Chapter 94. Unsafe Structures, Code of Ordinances, Floral Park

A.

No person, corporation or association who or which is the owner or occupant of vacant property or property with a vacant or boarded-up building upon it in the Village of Floral Park shall cause, suffer, allow or permit said property to become dangerous or unsafe to the public. For purposes of this local law, a dangerous or unsafe condition to the public shall include but not be limited to use of that property by the owner or by third persons for the storing or placing of junked motor vehicles, discarded metal or machinery, construction debris or garbage, rubbage or debris of any nature whatsoever. In the event that said property now is or hereafter becomes dangerous or unsafe to the public from any cause whatsoever, said owner or occupant shall repair or remove the condition or else shall secure the property by placing a fence around it. In the event of the failure of the owner of such property to repair or remove the condition or to erect a fence, the Superintendent of Public Works shall make a complete inspection and report of the condition of said property to the Board of Trustees. Notice shall thereafter be served on the owner or some one of the owners, executors, legal representatives, agents, lessees or any other person having vested or contingent interest in said property, either personally or by registered mail, addressed to the last known address, if any, of the owner or of some one of the owners, executors, legal representatives, agents, lessees or any other persons having a vested or contingent interest in the same, as shown by the records of the receiver of taxes and/or in the office of the County Clerk or County Registrar. Said notice shall contain a description of said property, statement of the particulars in which said property is unsafe or dangerous, an order requiring said property to be made safe and secure or else the dangerous condition removed, the time within which the person served with said notice shall commence and complete the securing of said property or removal of the dangerous or unsafe condition and a time and place when the Board of Trustees shall conduct a public hearing for the purpose of determining whether the village should secure said property. If service of the notice is made by registered mail, a copy of such notice shall be posted on said property. In the event of the neglect or refusal of the person so served with said notice to comply with the same, the Board of Trustees of said village shall conduct a public hearing at the time and place specified in said notice for the purpose of determining whether said property has become dangerous or unsafe to the public and whether the village should secure such property. The Board of Trustees may then authorize the work to be done to secure such property and pay the cost out of the general funds appropriated by the Board of Trustees for such purpose. In the case of such failure to comply, the owner and/or person in control of said property is deemed to consent to the right of entry by the village officials for the sole purpose of inspecting and correcting such condition.

B.

The village shall be reimbursed for the cost of the work performed or the services rendered, as hereinabove provided, by assessment against the lots or parcels of land where such work was performed or services were rendered, for so much of the actual or complete cost as incurred upon and from each lot or lots, by the assessment of all such costs of such removal, including legal fees, against the real property affected.

C.

If any clause, sentence, paragraph, section or part of this law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect, impair or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, section or part of this local law that shall be directly involved in the controversy in which such a judgment shall have been rendered.