Freeport, N.Y., Code of Ordinances ch. 128 (eCode360 ed. 2026) § 128-7

The Village Board shall: A. Issuance of notice to appear. Upon receipt of a report of the Superintendent of Buildings as provided for in § 128-6E hereof, give written notice to the persons interested in said building to appear before them on a certain date, within 15 days of the date of notice, to show cause why compliance with the standards set forth in this chapter should not be made or why the building or structure reported to be a dangerous building should not be repaired or removed in accordance with a statement of particulars set forth in the Superintendent of Buildings' notice provided for by § 128-6C and D of this chapter. B. Hearing. Hold a hearing and hear testimony as to whatever evidence the persons interested in said building may offer relative to the dangerous building. C. Written findings. Make a written finding of facts as to whether or not the building in question is a dangerous building within the meaning of § 128-2 hereof. D. Issuance of orders. Issue an order commanding the persons interested in said building to repair or remove any building found to be a dangerous building within the terms of this chapter or to comply with the standards set forth in this chapter. Such order shall fix the time when compliance therewith shall commence, not more than 10 days after the making thereof, and shall fix a reasonable time within which such compliance shall be so completed. The Village Board may, in its discretion and upon good cause shown, extend the time for full compliance with said order. E. Effect of noncompliance with order. (1) If the owner fails to comply with the order provided for in Subsection D hereof or any extension thereof, the Village Board may direct the Superintendent of Buildings to cause such dangerous building or structure to be repaired or removed, as the facts may warrant, under the standards hereinbefore set forth, provided that before proceeding to repair or to remove or cause the repair or removal of any dangerous or unsafe building, the Superintendent of Buildings may, with the advice and assistance of the Village Counsel, proceed in accordance with the provisions of § 89, Subdivision 7-a, of the Village Law and institute appropriate proceedings before a court of competent jurisdiction to obtain an order or judgment directing or authorizing such repair or removal. The Superintendent, of Buildings shall, with the assistance of the Village Counsel, take such legal action as may be necessary to cause the costs of such repair or removal, and all costs and expenses incurred by the Village in connection with said proceedings shall be charged against the land on which the building stands or did stand as a municipal lien, or such costs shall be added to the tax roll as an assessment or shall be levied as a special tax against the land upon which the building stands or did stand. (2) The lien of the Village or any expense incurred with regard to the repair or removal of any dangerous building shall have priority over all other liens and encumbrances, except taxes, assessments and water rates. Except as to the liens imposed for expenses incurred as a result of the repair or removal of any dangerous building, nothing herein contained shall be construed as placing upon the property a lien which supersedes or is superior to the lien of any mortgage with regard to any building and property executed and recorded prior to the existence of such lien. F. Report to Village Counsel. Report, to the Village Counsel the names of all persons not complying with the order provided for in Subsection D hereof. G. Authority to initiate proceedings. The Village Board may, in the first instance and without service of any notice by the Superintendent of Buildings, give notice to the persons interested in any building, which they have reason to believe may be a dangerous building, to appear before them on a certain date, within 15 days from the date of such notice, to show cause why the building or structure specified in such notice should not be repaired or removed or otherwise made to comply with the provisions of this chapter. Such notice shall contain the same particulars as are required by § 128-6D of this chapter. Upon the return day of said notice, the Village Board shall thereupon proceed in the same manner as prescribed in Subsections B , C , D , E and F of this section. H. Vacation; amendment of order. The Village Board may from time to time and upon due notice vacate, modify or amend any order made by them, as herein provided, and may, either on their own motion or upon the motion of any person interested, reopen any proceedings in which they have made an order for the purpose of taking further testimony and, upon such rehearing, render any decision and make any order consistent with the provisions of this chapter that they shall deem just and equitable.