In the Matter of 27 North Street, LLC v. Village of Monticello , Monticello was sued when it found 27 North Street's building unsafe and ordered it evacuated.
The structure had been approved for six or fewer apartments, but had been illegally converted to seventeen units. After a fire occurred, the building was inspected, violations of fire and safety codes were discovered, and, a code enforcement officer directed the tenants to leave the area. In response, 27 North claimed the Village failed to comply with local notice and hearing requirements before the structure was declared unsafe.
After the Sullivan County Supreme Court dismissed the case, 27 North appealed to the Appellate Division, Third Department.
In order to safeguard the safety of the building's occupants, when a structure is deemed to pose a hazard, an enforcement officer can take emergency action before a hearing occurs. Here, the official directed that the residences not be occupied. Since 27 North hadn't been required to take any corrective action, the AD3 was of the view the disputed conduct was appropriate and within the bounds of the law.
Is it safe for us to stop there?
To view a copy of the Appellate Division's decision, please use this link: Matter of 27 North Street, LLC v. Village of Monticello