Preview
FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023
EXHIBIT D
FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023
September 5, 2023
Via Email and U.S. Mail
Harold Mayer, Commissioner
Department of Planning and Development
Town of Oyster Bay
74 Audrey Avenue
Oyster Bay, NY 11771
Re: 15 Gables Road, Hicksville, NY 11801
Section: 12 - Block: 283 - Lot: 25
CSF No.: 40:1815.041
Dear Commissioner Mayer:
On behalf of Cashin Spinelli & Ferretti, LLC (“CSF”), Ryan Rosenberg, AIA, NCARB, CSI,
CDT, conducted a visual inspection on July 6, 2023, of the exterior and interior of the residential
building located in the Town of Oyster Bay (“Town”) at 15 Gables Road, Hicksville, New York.
During CSF’s inspection, numerous building code violations and dangerous conditions were
observed. This report is intended to address CSF’s observations and recommendations regarding
the subject premises.
The subject premises is a 0.11-acre residential property. On the property exists an approximately
1350 square-foot, two-story with basement, wood framed, residential structure on a concrete
block foundation with a detached garage. Generally, the structure is in extremely poor condition
due to a lack of maintenance. The structure has a gable roof with dormers, which is clad in 3-tab
asphaltic roofing shingles in new condition. At the time of inspection, rear (north) façade has
paint peeling off of the unvented soffit. The front, side, and bottom half of the rear façades are
clad with unmaintained vinyl siding in a faded and worn condition. The top half of the rear
façade contains suspected asbestos containing Transite siding. The front and rear façades contain
siding that is collapsing, creating holes in the exterior walls allowing for water or moisture
penetration. The dormers have missing siding on their corners, also allowing for rain and
moisture to penetrate the structure. At the front façade, CSF observed the exposed header that
has begun to rot and sag above the front entry door. At the time of inspection, the service drop
was anchored to unmaintained gable boards and the service cable was rusted. A cable satellite
TV antenna was also observed dangling from the roof on the eastern side of the building. A
chimney along the eastern wall of the building was observed in poor condition. Bricks are
missing from the top and cracks are visible throughout the structure, posing a safety hazard.
The interior of the building is in extremely poor condition. Uninhabitable, unsanitary, and
structurally unstable conditions exist throughout the interior of this structure. Trash, household
items, and debris are strewn throughout the first floor, second floor, and basement of the
building, indicative of a hoarding situation and making traversing some of the interior rooms
FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023
Harold Mayer, Commissioner
September 5, 2023
15 Gables Road, Hicksville, NY 11801
Page 2 of 13
almost impossible. A large amount of the trash was comprised of paper and cardboard, which
poses a fire hazard. In numerous locations, the ceilings lack insulation and wallboard. Evidence
of water damage is apparent on multiple ceilings throughout the building. Insulation was
observed dangling from multiple locations where ceilings have begun collapsing. Above the
front entry door, CSF observed there was no structural header supporting the load of the roof
above. This continued across to the living room, with no header above the first-floor window in
the front of the building. Ceiling joists are not connected to the framing and there is no header
supporting the rafters in this southwestern section of the interior. The rafter repairs were not
properly performed due to the lack of connection to the ceiling joists. Conditions of the floors are
unknown to the undersigned, due to the floors being nearly entirely covered by household items,
trash, and debris at the time of inspection. At the second-floor bathroom, the floor, toilet, and
bathtub are covered with waste and litter. The grossly unsanitary lavatory, toilet and bathtub
have been likely rendered unserviceable due to the long-term preponderance of filth. At the first-
floor kitchen, all appliances and plumbing services appear to be unusable and unserviceable. In
multiple areas within the basement, the ceiling finish has detached from its furring and has
collapsed. CSF observed dangling insulation and wires where the ceiling had collapsed. The gas-
fired boiler located within the basement appeared inoperable due to its poor condition. It is
unknown to the undersigned if the hot water storage tank located in the basement is operational.
No mechanical or heating equipment, no plumbing fixtures or cooking appliances were
functional at the time of inspection. No smoke detectors or carbon monoxide detection devices
were observed at the time of inspection.
The site is unmaintained, in poor condition and generally neglected. A detached garage was
located in the northwestern corner of the property. The garage contained piles of personal items,
trash and furniture. A large quantity of cardboard boxes were located within the garage,
presenting a fire hazard. The garage was not weathertight, with a hole in the roof observed
during CSF’s inspection. Additionally, deceased vermin were found inside of the structure. An
unregistered vehicle was present in the asphalt driveway. Building materials, personal items,
trash, and debris were observed in the rear yard, littering the property. A preponderance of items
were located underneath a rear canopy, protruding from the rear façade of the house. The
canopy was structurally unstable, unmaintained, and is at risk on imminent collapse. Overgrown
foliage and weeds consumed the remainder of the rear yard. The rear yard did not have a fence
on the west side of the property. A fence on the eastern boundary of the property was broken and
laying on the ground, allowing entry of trespassers to the unsecured property. During CSF’s
inspection, the property and structures were not secured and were open to casual trespass,
constituting a public safety hazard, especially due to the hazardous and uninhabitable condition
of the building. It is CSF’s opinion that hazardous conditions exist at this structure and site,
posing a threat to public health, safety, and welfare.
Numerous Violations of the 2020 Property Maintenance Code of New York State, 2020 Fire
Code of New York State, and the Town Code of the Town of Oyster Bay (“Town Code”) were
observed. Violations were specifically pertaining to the following:
FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023
Harold Mayer, Commissioner
September 5, 2023
15 Gables Road, Hicksville, NY 11801
Page 3 of 13
2020 PROPERTY MAINTENANCE CODE OF NEW YORK STATE
CHAPTER 1 SCOPE AND ADMINISTRATION
SECTION 101 TITLE, SCOPE AND PURPOSE
101.1 Title.
This publication shall be known as the 2020 edition of the Property Maintenance Code of New
York State (PMCNYS) hereinafter referred to as “this code.”
101.2 Scope.
The provisions of this code shall apply to all existing residential and nonresidential structures and
all existing premises and constitute minimum requirements and standards for premises, structures,
equipment and facilities for light, ventilation, space, heating, sanitation, protection from the
elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of
sanitary maintenance; the responsibility of owners, an owner’s authorized agent, operators and
occupants; the occupancy of existing structures and premises and for administration, enforcement
and penalties.
101.3 Purpose.
This code shall be construed to secure its expressed intent, which is to ensure public health, safety
and welfare insofar as they are affected by the continued occupancy and maintenance of structures
and premises. Existing structures and premises that do not comply with these provisions shall be
altered or repaired to provide a minimum level of health and safety as required herein.
* * *
SECTION 107 UNSAFE STRUCTURE AND EQUIPMENT
107.1 General.
If the authority having jurisdiction determines, during the inspection or otherwise, that a premises,
building or structure, or any building system or equipment, in whole or in part, constitutes a clear
and imminent threat to human life, safety or health, the authority having jurisdiction shall exercise
its powers in due and proper manner so as to extend to the public protection from the hazards of
threat to human life, safety, or health.
107.1.1 Unsafe structures.
An unsafe structure is one that is found to be dangerous to the life, health, property or safety of
the public or the occupants of the structure by not providing minimum safeguards to protect or
warn occupants in the event of fire, or because such structure contains unsafe equipment or is so
damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
* * *
FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023
Harold Mayer, Commissioner
September 5, 2023
15 Gables Road, Hicksville, NY 11801
Page 4 of 13
107.1.3 Structure unfit for human occupancy.
A structure is unfit for human occupancy whenever the code official finds that such structure is
unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks
maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks
ventilation, illumination, sanitary or heating facilities or other essential equipment required by
this code, or because the location of the structure constitutes a hazard to the occupants of the
structure or to the public.
Due to the various observations made on July 6, 2023, and reported here within, this building is
unsafe, structurally unstable, and unfit for human occupancy. It contains filth, is unsanitary,
contains evidence of vermin infestation, and lacks functional sanitary facilities as required by
code.
* * *
CHAPTER 3 GENERAL REQUIREMENTS
SECTION 301 GENERAL
301.1 Scope.
The provisions of this chapter shall govern the minimum conditions and the responsibilities of
persons for maintenance of structures, equipment and exterior property.
301.2 Responsibility.
The owner of the premises shall maintain the structures and exterior property in compliance with
these requirements, except as otherwise provided for in this code. A person shall not occupy as
owner-occupant or permit another person to occupy premises which are not in a sanitary and safe
condition and which do not comply with the requirements of this chapter. Occupants of a dwelling
unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe
condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they
occupy and control.
301.3 Vacant structures and land.
Vacant premises, structures and portions thereof, or vacant land shall be maintained by the owner
in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting
problem or adversely affect the public health or safety.
Due to the various observations made on July 6, 2023, and reported here within, this structure
does not comply and is in poor condition, causing a blighting problem to the surrounding area
and posing a threat to the public health, safety, and welfare.
* * *
SECTION 302 EXTERIOR PROPERTY AREAS
302.1 Sanitation.
FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023
Harold Mayer, Commissioner
September 5, 2023
15 Gables Road, Hicksville, NY 11801
Page 5 of 13
Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The
occupant shall keep that part of the exterior property which such occupant occupies or controls in
a clean and sanitary condition.
Based on the conditions observed on July 6, 2023, and reported here within, this property does
not comply and is not maintained in a clean, safe and sanitary condition. Large amounts of trash
and construction debris litter the site.
* * *
302.4 Weeds.
Except as provided for in statute, local law, ordinance, or other regulations, all developed areas
of a premises that are intended to be used by building occupants or the public shall be maintained
free from weeds in excess of 10 inches (254 mm). Noxious weeds shall be prohibited.
Based on the conditions observed on July 6, 2023, and reported here within, this property does not
comply and is overgrown with grass, weeds, vines and shrubs well in excess of 10 inches.
* * *
SECTION 304 EXTERIOR STRUCTURE
304.1 General.
The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so
as not to pose a threat to the public health, safety, or welfare.
Based on the conditions observed on July 6, 2023, and reported here within, this property does not
comply. The exterior structure is not maintained in good repair. These conditions pose a threat to
the public health, safety, and welfare.
304.1.1 Unsafe Conditions.
The following conditions shall be determined as unsafe and shall be repaired or replaced to
comply with the Building Code of New York State or the Existing Building Code of New York State
as required for existing buildings.
The following are specific issues that apply to the structures:
1. The nominal strength of any structural member is exceeded by nominal loads, the load
effects or required strength.
2. The anchorage of the floor or roof to walls or columns, and of walls and columns to
foundations is not capable of resisting all nominal loads or load effects.
3. Structures or components thereof that have reached their limit state.
4. Siding and masonry joints including joints between building envelope and the perimeter of
windows, doors and skylights are not maintained, weather resistant or watertight.
5. Structural members that have evidence of deterioration or that are not capable of safely
supporting all nominal loads and load effects.
FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023
Harold Mayer, Commissioner
September 5, 2023
15 Gables Road, Hicksville, NY 11801
Page 6 of 13
* * *
7. Exterior walls that are not anchored to supporting elements or are not plumb and free of
holes, cracks or breaks and loose or rotting materials are not properly anchored or are
not capable of supporting all nominal loads and resisting all load effects.
8. Roofing or components that have defects that admit rain, roof surfaces with inadequate
drainage, or any portion of the roof framing that is not in good repair with signs of
deterioration, fatigue or without proper anchorage and incapable of supporting all
nominal loads and resisting all load effects.
* * *
11. Overhang extensions or projections including, but not limited to, trash chutes, canopies,
marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly
anchored or that are anchored with connections not capable of supporting all nominal
loads and resisting all load effects.
* * *
13. Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound
or not properly anchored, or that are anchored with connections not capable of supporting
all nominal loads and resisting all load effects.
Due to the various observations made on July 6, 2023, and reported here within, this building has
unsafe conditions as enumerated above.
304.2 Protective treatment.
Exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches,
trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces,
other than decay-resistant woods, shall be protected from the elements and decay by painting or
other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and
surfaces repainted. Siding and masonry joints as well as those between the building envelope and
the perimeter of windows, doors, and skylights, shall be maintained weather resistant and water
tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion
and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and
corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for
stabilization by oxidation are exempt from this requirement.
Due to the various observations made on July 6, 2023, and reported here within, the exterior
surfaces do not comply. The exterior surfaces of this structure are not maintained in good
condition and are not protected from the elements and decay. The structure must be weather
resistant, watertight and sealed from vermin to prevent any further deterioration.
* * *
FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023
Harold Mayer, Commissioner
September 5, 2023
15 Gables Road, Hicksville, NY 11801
Page 7 of 13
304.4 Structural members.
Structural members shall be maintained free from deterioration, and shall be capable of safely
supporting the imposed dead and live loads.
Based on the conditions observed on July 6, 2023, and reported here within, this property does
not comply. Many structural members are not free from deterioration or capable of supporting
the imposed dead or live loads.
* * *
304.6 Exterior walls.
Exterior walls shall be free from holes, breaks and loose or rotting materials; and maintained
weatherproof and properly surface coated where required to prevent deterioration.
Based on the conditions observed on July 6, 2023, and reported here within, this property does not
comply. There are many areas of holes, gaps, and breaches in the weatherproof envelope.
Deterioration and decay will continue at a rapid rate.
304.7 Roofs and drainage.
The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage
shall be adequate to prevent dampness or deterioration in the walls or interior portion of the
structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from
obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
Due to the various observations made on July 6, 2023, and reported here within, the roof does
not comply as CSF observed damage due to leaks and unmaintained gutters.
* * *
304.13 Window, skylight, and door frames.
Every window, skylight, door and frame shall be kept in sound condition, good repair and weather
tight.
Due to the various observations made on July 6, 2023 and reported here within the windows and
doors do not comply. The windows and doors were not properly boarded, kept in good repair, or
weather tight.
* * *
SECTION 305 INTERIOR STRUCTURE
305.1 General.
The interior of a structure and equipment therein shall be maintained in good repair,
structurally sound and in a sanitary condition. Occupants shall keep that part of the structure
that they occupy or control in a clean and sanitary condition. Every owner of a structure
containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling
units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary
condition, the shared or public areas of the structure and exterior property.
FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023
Harold Mayer, Commissioner
September 5, 2023
15 Gables Road, Hicksville, NY 11801
Page 8 of 13
Due to the various observations made on July 6, 2023, and reported here within, the occupants and
inhabitants have not maintained the structure in good repair, structurally sound and sanitary
condition.
* * *
305.3 Interior Surfaces.
Interior surfaces, including windows and doors, shall be maintained in good clean and sanitary
condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered.
Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.
Due to the various observations made on July 6, 2023, and reported here within, ceiling finishes
have failed, causing their collapse. In addition, paint and wallpaper have peeled off throughout
the building.
* * *
SECTION 308 RUBBISH AND GARBAGE
308.1 Accumulation of rubbish and garbage.
Exterior property and premises, and the interior of every structure, shall be free from any
accumulation of rubbish or garbage.
Due to the various observations made on July 6, 2023, and reported here within, the property
contains rubbish and garbage throughout.
* * *
SECTION 309 PEST ELIMINATION
309.1 Infestation.
Structures shall be kept free from insect and rodent infestation. Structures in which insects or
rodents are found shall be promptly exterminated by approved processes that will not be injurious
to human health. After pest elimination, proper precautions shall be taken to prevent reinfestation.
Due to the various observations made on July 6, 2023, and reported here within, the building is
suspected to be currently infested with vermin.
* * *
2020 FIRE CODE OF NEW YORK STATE
CHAPTER 3 GENERAL REQUIREMENTS
SECTION 301 GENERAL
301.1 Scope.
The provisions of this chapter shall govern the occupancy and maintenance of all structures and
premises for precautions against fire and the spread of fire and general requirements of fire safety.
* * *
FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023
Harold Mayer, Commissioner
September 5, 2023
15 Gables Road, Hicksville, NY 11801
Page 9 of 13
SECTION 311 VACANT PREMISES
311.1 General.
Temporarily unoccupied buildings, structures, premises or portions thereof, including tenant
spaces, shall be safeguarded and maintained in accordance with Sections 311.1.1 through 311.6.
311.2 Safeguarding vacant premises.
Temporarily unoccupied buildings, structures, premises or portions thereof shall be secured and
protected in accordance with Sections 311.2.1 through 311.2.3.
311.2.1 Security.
Exterior and interior openings open to other tenants or unauthorized persons shall be boarded,
locked, blocked or otherwise protected to prevent entry by unauthorized individuals. The fire code
official is authorized to placard, post signs, erect barrier tape or take similar measures as
necessary to secure public safety.
Based on the conditions observed on July 6, 2023, and reported here within, the building is not
properly boarded, and the site is not fully secured. The property is not in compliance with the
safeguarding of vacant premises.
* * *
CODE OF THE TOWN OF OYSTER BAY
Chapter 96: Dangerous Buildings and Abandoned Buildings
§ 96-1. Legislative findings.
It is hereby declared and found by the Town Board of the Town of Oyster Bay that the purpose
of this chapter is to provide basic and uniform standards governing the condition and
maintenance of residential and commercial premises and establishing reasonable safeguards
for the safety, health and welfare of the occupants and users of the premises and also for the
residents of the Town of Oyster Bay.
§ 96-2. Definitions and word usage.
A. As used in this chapter, the following terms shall have the meanings indicated:
BOARDED and BOARDING — Clear, impact-resistant polycarbonate sheeting of a thickness
in excess of 3/16 inch, except as otherwise directed by the Commissioner. [Added 1-9-2018 by
L.L. No. 2-2018]
Due to the various observations made on July 6, 2023, and reported here within, the accessory
structure does not comply as windows and doors have not been boarded.
DANGEROUS BUILDINGS — Any building or structure which has any or all of the following
conditions:
FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023
Harold Mayer, Commissioner
September 5, 2023
15 Gables Road, Hicksville, NY 11801
Page 10 of 13
(1) Those where any interior wall or walls or other structural 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.
* * *
(3) Those which have improperly distributed loads upon the floors or roofs or in which the
floors or roofs are overloaded or which have insufficient strength to be reasonably safe
for the purpose used and which do not meet minimum standards prescribed by the New
York State Uniform Fire Prevention and Building Code.
(4) Those having inadequate or insufficient facilities for ingress and egress in the event of a
fire, panic or other emergency or having insufficient stairways, elevators, fire escapes,
aisles, passageways, corridors or other means of access and which do not meet minimum
standards prescribed by the New York State Uniform Fire Prevention and Building Code.
(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 occupants thereof or other
persons or property.
(6) Those which, in whole or in part, used for residential, commercial, mercantile, industrial,
storage, assembly, institutional or any other purpose for want of repair, lack of sufficient
fire escapes or exits 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 and abandoned building. [Amended 1-9-2018 by L.L. No. 2-2018]
(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 Town of Oyster Bay.
(9) Those which have become or are so dilapidated, decayed, unsafe or unsanitary 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 or to the people of the Town
of Oyster Bay.
(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.
* * *
(12) Those which, in whole or in part, have an electrical wiring system which is defective, or is
an improper type of wiring for the purpose intended, or which fails to meet ventilation
FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023
Harold Mayer, Commissioner
September 5, 2023
15 Gables Road, Hicksville, NY 11801
Page 11 of 13
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.
Due to the various observations made on July 6, 2023, and reported here within, all the above
listed paragraphs apply to the building.
* * *
VACANT AND ABANDONED — Real property which displays no evidence that any persons
are residing there and is not maintained in a manner consistent with the standards set forth in
New York Property Maintenance Code Chapter 3.[Added 1-9-2018 by L.L. No. 2-2018]
(2) Evidence of lack of occupancy shall include but not be limited to the following conditions:
(a) Overgrown or dead vegetation;
* * *
(d) Accumulation of trash, refuse or other debris;
* * *
(g) The property is open to casual entry or trespass; or
(h) The property has a building or structure that is or appears structurally unsound or has
any other condition that presents a potential hazard or danger to the safety of persons.
Due to the various observations made on July 6, 2023, and reported here within, all the above
listed sections apply to the building.
* * *
§ 96-3. Declaration of nuisances.
All dangerous buildings, as defined by § 96-2 of this chapter, are hereby declared to be public
nuisances and shall be sealed, boarded up, vacated and/or repaired, secured, demolished, and
removed as hereinafter provided.
* * *
§ 96-15. Repair and demolition standards.
The following standards shall be followed in substance by the Commissioner in ordering repair
or demolition or vacation:
A. If the dangerous building can reasonably be repaired so that it will no longer exist in
violation of the terms of this chapter, it shall be ordered repaired.
FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023
Harold Mayer, Commissioner
September 5, 2023
15 Gables Road, Hicksville, NY 11801
Page 12 of 13
B. In any case where a dangerous building is 50% damaged or decayed or deteriorated from
its original value or structure or where the owner refuses or fails to make ordered repairs,
it shall be demolished, and, in all cases where a building cannot be repaired so that it will
no longer exist in violation of the terms of this chapter, it shall be demolished. In all cases,
where a dangerous building is a fire hazard, existing or erected in violation of the terms of
this chapter or any ordinance of the Town or statute of the State of New York, it shall be
demolished and/or repaired.
C. If the dangerous building is in such condition as to make it dangerous to the health, morals,
safety or general welfare of its occupants, it shall be ordered to be vacated.
* * *
§ 96-20. Emergencies.
Any provision of this chapter to the contrary notwithstanding, where it reasonably appears
that there is imminent danger to the life, health, safety and/or welfare of any person unless a
dangerous building or structure, as defined herein, is immediately sealed, boarded up,
repaired, vacated or demolished, the Commissioner shall cause the immediate sealing,
boarding up, fencing in, reparation, vacation and/or demolition of such dangerous building or
structure. The cost of such emergency repair, vacation or demolition of such dangerous
building or structure shall be collected in the same manner as provided in § 96-19 hereof.
Due to the various observations made on July 6, 2023, and reported here within, it is evident that
the owner has not taken many of the required steps to perform maintenance as is required to
ensure the building and site are safe and secure and do not present a hazard to the adjoining
property owners and to the general public. This building is clearly in violation of the Town of
Oyster Bay Property Maintenance Code.
* * *
FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023
Harold Mayer, Commissioner
September 5, 2023
15 Gables Road, Hicksville, NY 11801
Page 13 of 13
Pursuant to the above definitions contained within New York State Building Code and Code of
the Town of Oyster Bay, this building is considered to be unsafe, structurally unstable, lacking
necessary maintenance and is in a state of much needed repair. CSF believes this site poses a
threat to the health, safety, and general welfare of the public.
Based on CSF’s inspection on July 6, 2023, and due to the various observations made and
reported here within, the owner has not corrected various defects on the residence and property.
It is CSF’s recommendation that this structure is unsafe, unstable, unfit for habitation and if
repairs cannot be completed, in a timely manner, to meet New York State and Town of Oyster
Bay Building Codes, it will continue to deteriorate to a point where it will be financially
infeasible to repair and will ultimately require demolition.
Per Industrial Code Rule 56 Asbestos, Department of Labor, subpart 56-5, paragraph 56-5.1
Asbestos Survey Requirements, if a building / structure is certified to be unsound or slated for
contracted demolition, the building / structure shall be assumed to contain asbestos unless the
building/structure is adequately certified to be free of asbestos containing material (ACM). If the
building/structure is not certified to be ACM-free, demolition should be performed assuming
asbestos containing materials are present and in accordance with such procedures as published
by the United States Environmental Protection Agency. Additionally, the demolition of the
building shall comply with the Nassau County Department of Health, Office of Community
Sanitation standards for rodent free certification prior to building demolition. Furthermore, the
demolition of the structure shall comply with the 2020 Building Code of New York State and
Occupational Safety and Health Administration standards.
Very truly yours,
CASHIN SPINELLI & FERRETTI, LLC
Ryan Rosenberg, AIA, NCARB, CSI, CDT
Enc: Photographic documentation
cc: Stephen P. Ferretti, Principal, CSF
Joseph Spinelli, Project Manager, CSF
FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023
Photo Log
15 Gables Road,
Hicksville, NY 11801
FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023
15 Gables Road, Hicksville, NY 11801
Photo Log
Page 1 of 6
Photographic Documentation taken on July 6, 2023
Exterior Photos
Front Yard and Front Façade (South) – Overgrown Front Façade (South) – Mold / mildew on gutters.
foliage. Header collapsing above door. Dilapidated Siding collapsing, not weathertight. Rotting wood
trim. Siding collapsing. Not weathertight. molding. Broken light fixture.
Front Façade (South) – New asphalt shingles on roof. Front Façade (South) – Siding faded and worn. Paint
Siding faded and worn. Rotting wooden trim. peeling off windows. Foliage growing on to house.
Mold / mildew observed on siding.
Front (South) – Mold / mildew on siding. Hole in Side Façade (East) – Siding faded and worn.
exterior wall, not properly closed. Basement window well filled with leaves and debris.
FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023
15 Gables Road, Hicksville, NY 11801
Photo Log
Page 2 of 6
Side Façade (East) – Cable satellite TV antenna Side Façade (East) – Multiple cracks in chimney
dangling from roof. Overgrowth on building. Siding bricks. Mold / mildew observed on chimney.
faded and worn.
Front (South) – Header visible from exterior. Header Side Yard and Side Façade (West) – Siding faded and
collapsing above door. worn. Overgrowth growing along building. Cracks in
asphalt driveway. Vine growth along building.
Side Façade (West) – Window missing trim, not Back Yard and Back Façade (North) – Vines growing
weathertight. Service drop rusted. Siding faded and along building. Trim missing from windows. Siding
worn. missing. Mold / mildew growth on siding.
FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023
15 Gables Road, Hicksville, NY 11801
Photo Log
Page 3 of 6
Rear Façade (North) – Paint peeling off wooden Rear Yard (North) – Overhang collapsing and not
soffit. Window trim not weathertight. properly supported. Household items, trash, and
debris litter the yard. Mold / mildew on siding.
Rear Yard (North) – Overhang Roof boards rotted Rear Yard (North) – Household items, trash, and
and unmaintained. Overhang sagging and not debris litter the yard. Broken fence, allowing access
properly supported. to property.
Rear Yard (North) – Household items, trash, and Rear Yard (North) – Deceased vermin observed in
debris litter the garage. Not weathertight. garage.
End of Exterior Photos
FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023
15 Gables Road, Hicksville, NY 11801
Photo Log
Page 4 of 6
Interior Photos
Interior (Ground Floor) – Household items and trash Interior (Ground Floor) – Household items and trash
litter the kitchen. Mold / mildew and food waste litter the kitchen. Mold / mildew and food waste
observed throughout. observed throughout.
Interior (Ground Floor) – Ceiling collapsed. Paneling Interior (Ground Floor) – Insulation dangling from
dangling. Joists visible. Household items, trash, and ceiling. Mold / mildew observed. Household items,
debris piled up. Wallpaper peeling off walls. trash, and debris piled up. Unsanitary conditions.
Interior (Ground Floor) – Household items, trash, and Interior (Ground Floor) – Ceiling collapsed.
debris piled up. Signs of transient activity. Household items, trash, and debris piled up.
FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023
15 Gables Road, Hicksville, NY 11801
Photo Log
Page 5 of 6
Interior (Ground Floor) – Ceiling collapsed. Joists Interior (Ground Floor) – Ceiling collapsed. Rafters
visible. Household items, trash, and debris piled up. visible. Hole in exterior wall. Header missing above
Insulation dangling. window. Joists not connected to framing.
Interior (Ground Floor to Second Floor) – Debris on Interior (Second Floor) – Household items and trash
stairs. Signs of transient activity. piled up. Fire hazard throughout building with large
quantities of cardboard.
Interior (Second Floor) – Household items and trash Interior (Second Floor) – Mold / mildew on ceiling,
piled up. Mold / mildew observed throughout walls, and in bathtub / shower area. Household items
bathroom. Extremely unsanitary conditions. piled up on bathtub.
FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023
15 Gables Road, Hicksville, NY 11801
Photo Log
Page 6 of 6
Interior (Second Floor) – Household items and trash Interior (Ground Floor) – Household items and trash
piled up. Fire hazard throughout building with large piled up in closet.
quantities of cardboard.
Interior (Second Floor) – Household items and trash Interior (Second Floor) – Ceiling collapsing.
piled up on floor. Insulation dangling. Debris on floor. Mold / mildew.
Interior (Basement) – Household items, trash, and Interior (Basement) – Mechanical equipment does
debris piled up on floor. Window not weathertight. not appear operational. Mold / mildew on walls.
End of Photographic Documentation
Preview
FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023 EXHIBIT D FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023 September 5, 2023 Via Email and U.S. Mail Harold Mayer, Commissioner Department of Planning and Development Town of Oyster Bay 74 Audrey Avenue Oyster Bay, NY 11771 Re: 15 Gables Road, Hicksville, NY 11801 Section: 12 - Block: 283 - Lot: 25 CSF No.: 40:1815.041 Dear Commissioner Mayer: On behalf of Cashin Spinelli & Ferretti, LLC (“CSF”), Ryan Rosenberg, AIA, NCARB, CSI, CDT, conducted a visual inspection on July 6, 2023, of the exterior and interior of the residential building located in the Town of Oyster Bay (“Town”) at 15 Gables Road, Hicksville, New York. During CSF’s inspection, numerous building code violations and dangerous conditions were observed. This report is intended to address CSF’s observations and recommendations regarding the subject premises. The subject premises is a 0.11-acre residential property. On the property exists an approximately 1350 square-foot, two-story with basement, wood framed, residential structure on a concrete block foundation with a detached garage. Generally, the structure is in extremely poor condition due to a lack of maintenance. The structure has a gable roof with dormers, which is clad in 3-tab asphaltic roofing shingles in new condition. At the time of inspection, rear (north) façade has paint peeling off of the unvented soffit. The front, side, and bottom half of the rear façades are clad with unmaintained vinyl siding in a faded and worn condition. The top half of the rear façade contains suspected asbestos containing Transite siding. The front and rear façades contain siding that is collapsing, creating holes in the exterior walls allowing for water or moisture penetration. The dormers have missing siding on their corners, also allowing for rain and moisture to penetrate the structure. At the front façade, CSF observed the exposed header that has begun to rot and sag above the front entry door. At the time of inspection, the service drop was anchored to unmaintained gable boards and the service cable was rusted. A cable satellite TV antenna was also observed dangling from the roof on the eastern side of the building. A chimney along the eastern wall of the building was observed in poor condition. Bricks are missing from the top and cracks are visible throughout the structure, posing a safety hazard. The interior of the building is in extremely poor condition. Uninhabitable, unsanitary, and structurally unstable conditions exist throughout the interior of this structure. Trash, household items, and debris are strewn throughout the first floor, second floor, and basement of the building, indicative of a hoarding situation and making traversing some of the interior rooms FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023 Harold Mayer, Commissioner September 5, 2023 15 Gables Road, Hicksville, NY 11801 Page 2 of 13 almost impossible. A large amount of the trash was comprised of paper and cardboard, which poses a fire hazard. In numerous locations, the ceilings lack insulation and wallboard. Evidence of water damage is apparent on multiple ceilings throughout the building. Insulation was observed dangling from multiple locations where ceilings have begun collapsing. Above the front entry door, CSF observed there was no structural header supporting the load of the roof above. This continued across to the living room, with no header above the first-floor window in the front of the building. Ceiling joists are not connected to the framing and there is no header supporting the rafters in this southwestern section of the interior. The rafter repairs were not properly performed due to the lack of connection to the ceiling joists. Conditions of the floors are unknown to the undersigned, due to the floors being nearly entirely covered by household items, trash, and debris at the time of inspection. At the second-floor bathroom, the floor, toilet, and bathtub are covered with waste and litter. The grossly unsanitary lavatory, toilet and bathtub have been likely rendered unserviceable due to the long-term preponderance of filth. At the first- floor kitchen, all appliances and plumbing services appear to be unusable and unserviceable. In multiple areas within the basement, the ceiling finish has detached from its furring and has collapsed. CSF observed dangling insulation and wires where the ceiling had collapsed. The gas- fired boiler located within the basement appeared inoperable due to its poor condition. It is unknown to the undersigned if the hot water storage tank located in the basement is operational. No mechanical or heating equipment, no plumbing fixtures or cooking appliances were functional at the time of inspection. No smoke detectors or carbon monoxide detection devices were observed at the time of inspection. The site is unmaintained, in poor condition and generally neglected. A detached garage was located in the northwestern corner of the property. The garage contained piles of personal items, trash and furniture. A large quantity of cardboard boxes were located within the garage, presenting a fire hazard. The garage was not weathertight, with a hole in the roof observed during CSF’s inspection. Additionally, deceased vermin were found inside of the structure. An unregistered vehicle was present in the asphalt driveway. Building materials, personal items, trash, and debris were observed in the rear yard, littering the property. A preponderance of items were located underneath a rear canopy, protruding from the rear façade of the house. The canopy was structurally unstable, unmaintained, and is at risk on imminent collapse. Overgrown foliage and weeds consumed the remainder of the rear yard. The rear yard did not have a fence on the west side of the property. A fence on the eastern boundary of the property was broken and laying on the ground, allowing entry of trespassers to the unsecured property. During CSF’s inspection, the property and structures were not secured and were open to casual trespass, constituting a public safety hazard, especially due to the hazardous and uninhabitable condition of the building. It is CSF’s opinion that hazardous conditions exist at this structure and site, posing a threat to public health, safety, and welfare. Numerous Violations of the 2020 Property Maintenance Code of New York State, 2020 Fire Code of New York State, and the Town Code of the Town of Oyster Bay (“Town Code”) were observed. Violations were specifically pertaining to the following: FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023 Harold Mayer, Commissioner September 5, 2023 15 Gables Road, Hicksville, NY 11801 Page 3 of 13 2020 PROPERTY MAINTENANCE CODE OF NEW YORK STATE CHAPTER 1 SCOPE AND ADMINISTRATION SECTION 101 TITLE, SCOPE AND PURPOSE 101.1 Title. This publication shall be known as the 2020 edition of the Property Maintenance Code of New York State (PMCNYS) hereinafter referred to as “this code.” 101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance; the responsibility of owners, an owner’s authorized agent, operators and occupants; the occupancy of existing structures and premises and for administration, enforcement and penalties. 101.3 Purpose. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. * * * SECTION 107 UNSAFE STRUCTURE AND EQUIPMENT 107.1 General. If the authority having jurisdiction determines, during the inspection or otherwise, that a premises, building or structure, or any building system or equipment, in whole or in part, constitutes a clear and imminent threat to human life, safety or health, the authority having jurisdiction shall exercise its powers in due and proper manner so as to extend to the public protection from the hazards of threat to human life, safety, or health. 107.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation, that partial or complete collapse is possible. * * * FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023 Harold Mayer, Commissioner September 5, 2023 15 Gables Road, Hicksville, NY 11801 Page 4 of 13 107.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. Due to the various observations made on July 6, 2023, and reported here within, this building is unsafe, structurally unstable, and unfit for human occupancy. It contains filth, is unsanitary, contains evidence of vermin infestation, and lacks functional sanitary facilities as required by code. * * * CHAPTER 3 GENERAL REQUIREMENTS SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. 301.2 Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. 301.3 Vacant structures and land. Vacant premises, structures and portions thereof, or vacant land shall be maintained by the owner in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. Due to the various observations made on July 6, 2023, and reported here within, this structure does not comply and is in poor condition, causing a blighting problem to the surrounding area and posing a threat to the public health, safety, and welfare. * * * SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitation. FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023 Harold Mayer, Commissioner September 5, 2023 15 Gables Road, Hicksville, NY 11801 Page 5 of 13 Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. Based on the conditions observed on July 6, 2023, and reported here within, this property does not comply and is not maintained in a clean, safe and sanitary condition. Large amounts of trash and construction debris litter the site. * * * 302.4 Weeds. Except as provided for in statute, local law, ordinance, or other regulations, all developed areas of a premises that are intended to be used by building occupants or the public shall be maintained free from weeds in excess of 10 inches (254 mm). Noxious weeds shall be prohibited. Based on the conditions observed on July 6, 2023, and reported here within, this property does not comply and is overgrown with grass, weeds, vines and shrubs well in excess of 10 inches. * * * SECTION 304 EXTERIOR STRUCTURE 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety, or welfare. Based on the conditions observed on July 6, 2023, and reported here within, this property does not comply. The exterior structure is not maintained in good repair. These conditions pose a threat to the public health, safety, and welfare. 304.1.1 Unsafe Conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the Building Code of New York State or the Existing Building Code of New York State as required for existing buildings. The following are specific issues that apply to the structures: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or required strength. 2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects. 3. Structures or components thereof that have reached their limit state. 4. Siding and masonry joints including joints between building envelope and the perimeter of windows, doors and skylights are not maintained, weather resistant or watertight. 5. Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads and load effects. FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023 Harold Mayer, Commissioner September 5, 2023 15 Gables Road, Hicksville, NY 11801 Page 6 of 13 * * * 7. Exterior walls that are not anchored to supporting elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. 8. Roofing or components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects. * * * 11. Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects. * * * 13. Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects. Due to the various observations made on July 6, 2023, and reported here within, this building has unsafe conditions as enumerated above. 304.2 Protective treatment. Exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. Siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. Due to the various observations made on July 6, 2023, and reported here within, the exterior surfaces do not comply. The exterior surfaces of this structure are not maintained in good condition and are not protected from the elements and decay. The structure must be weather resistant, watertight and sealed from vermin to prevent any further deterioration. * * * FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023 Harold Mayer, Commissioner September 5, 2023 15 Gables Road, Hicksville, NY 11801 Page 7 of 13 304.4 Structural members. Structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. Based on the conditions observed on July 6, 2023, and reported here within, this property does not comply. Many structural members are not free from deterioration or capable of supporting the imposed dead or live loads. * * * 304.6 Exterior walls. Exterior walls shall be free from holes, breaks and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. Based on the conditions observed on July 6, 2023, and reported here within, this property does not comply. There are many areas of holes, gaps, and breaches in the weatherproof envelope. Deterioration and decay will continue at a rapid rate. 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. Due to the various observations made on July 6, 2023, and reported here within, the roof does not comply as CSF observed damage due to leaks and unmaintained gutters. * * * 304.13 Window, skylight, and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. Due to the various observations made on July 6, 2023 and reported here within the windows and doors do not comply. The windows and doors were not properly boarded, kept in good repair, or weather tight. * * * SECTION 305 INTERIOR STRUCTURE 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure that they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023 Harold Mayer, Commissioner September 5, 2023 15 Gables Road, Hicksville, NY 11801 Page 8 of 13 Due to the various observations made on July 6, 2023, and reported here within, the occupants and inhabitants have not maintained the structure in good repair, structurally sound and sanitary condition. * * * 305.3 Interior Surfaces. Interior surfaces, including windows and doors, shall be maintained in good clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. Due to the various observations made on July 6, 2023, and reported here within, ceiling finishes have failed, causing their collapse. In addition, paint and wallpaper have peeled off throughout the building. * * * SECTION 308 RUBBISH AND GARBAGE 308.1 Accumulation of rubbish and garbage. Exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. Due to the various observations made on July 6, 2023, and reported here within, the property contains rubbish and garbage throughout. * * * SECTION 309 PEST ELIMINATION 309.1 Infestation. Structures shall be kept free from insect and rodent infestation. Structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent reinfestation. Due to the various observations made on July 6, 2023, and reported here within, the building is suspected to be currently infested with vermin. * * * 2020 FIRE CODE OF NEW YORK STATE CHAPTER 3 GENERAL REQUIREMENTS SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall govern the occupancy and maintenance of all structures and premises for precautions against fire and the spread of fire and general requirements of fire safety. * * * FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023 Harold Mayer, Commissioner September 5, 2023 15 Gables Road, Hicksville, NY 11801 Page 9 of 13 SECTION 311 VACANT PREMISES 311.1 General. Temporarily unoccupied buildings, structures, premises or portions thereof, including tenant spaces, shall be safeguarded and maintained in accordance with Sections 311.1.1 through 311.6. 311.2 Safeguarding vacant premises. Temporarily unoccupied buildings, structures, premises or portions thereof shall be secured and protected in accordance with Sections 311.2.1 through 311.2.3. 311.2.1 Security. Exterior and interior openings open to other tenants or unauthorized persons shall be boarded, locked, blocked or otherwise protected to prevent entry by unauthorized individuals. The fire code official is authorized to placard, post signs, erect barrier tape or take similar measures as necessary to secure public safety. Based on the conditions observed on July 6, 2023, and reported here within, the building is not properly boarded, and the site is not fully secured. The property is not in compliance with the safeguarding of vacant premises. * * * CODE OF THE TOWN OF OYSTER BAY Chapter 96: Dangerous Buildings and Abandoned Buildings § 96-1. Legislative findings. It is hereby declared and found by the Town Board of the Town of Oyster Bay that the purpose of this chapter is to provide basic and uniform standards governing the condition and maintenance of residential and commercial premises and establishing reasonable safeguards for the safety, health and welfare of the occupants and users of the premises and also for the residents of the Town of Oyster Bay. § 96-2. Definitions and word usage. A. As used in this chapter, the following terms shall have the meanings indicated: BOARDED and BOARDING — Clear, impact-resistant polycarbonate sheeting of a thickness in excess of 3/16 inch, except as otherwise directed by the Commissioner. [Added 1-9-2018 by L.L. No. 2-2018] Due to the various observations made on July 6, 2023, and reported here within, the accessory structure does not comply as windows and doors have not been boarded. DANGEROUS BUILDINGS — Any building or structure which has any or all of the following conditions: FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023 Harold Mayer, Commissioner September 5, 2023 15 Gables Road, Hicksville, NY 11801 Page 10 of 13 (1) Those where any interior wall or walls or other structural 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. * * * (3) Those which have improperly distributed loads upon the floors or roofs or in which the floors or roofs are overloaded or which have insufficient strength to be reasonably safe for the purpose used and which do not meet minimum standards prescribed by the New York State Uniform Fire Prevention and Building Code. (4) Those having inadequate or insufficient facilities for ingress and egress in the event of a fire, panic or other emergency or having insufficient stairways, elevators, fire escapes, aisles, passageways, corridors or other means of access and which do not meet minimum standards prescribed by the New York State Uniform Fire Prevention and Building Code. (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 occupants thereof or other persons or property. (6) Those which, in whole or in part, used for residential, commercial, mercantile, industrial, storage, assembly, institutional or any other purpose for want of repair, lack of sufficient fire escapes or exits 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 and abandoned building. [Amended 1-9-2018 by L.L. No. 2-2018] (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 Town of Oyster Bay. (9) Those which have become or are so dilapidated, decayed, unsafe or unsanitary 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 or to the people of the Town of Oyster Bay. (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. * * * (12) Those which, in whole or in part, have an electrical wiring system which is defective, or is an improper type of wiring for the purpose intended, or which fails to meet ventilation FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023 Harold Mayer, Commissioner September 5, 2023 15 Gables Road, Hicksville, NY 11801 Page 11 of 13 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. Due to the various observations made on July 6, 2023, and reported here within, all the above listed paragraphs apply to the building. * * * VACANT AND ABANDONED — Real property which displays no evidence that any persons are residing there and is not maintained in a manner consistent with the standards set forth in New York Property Maintenance Code Chapter 3.[Added 1-9-2018 by L.L. No. 2-2018] (2) Evidence of lack of occupancy shall include but not be limited to the following conditions: (a) Overgrown or dead vegetation; * * * (d) Accumulation of trash, refuse or other debris; * * * (g) The property is open to casual entry or trespass; or (h) The property has a building or structure that is or appears structurally unsound or has any other condition that presents a potential hazard or danger to the safety of persons. Due to the various observations made on July 6, 2023, and reported here within, all the above listed sections apply to the building. * * * § 96-3. Declaration of nuisances. All dangerous buildings, as defined by § 96-2 of this chapter, are hereby declared to be public nuisances and shall be sealed, boarded up, vacated and/or repaired, secured, demolished, and removed as hereinafter provided. * * * § 96-15. Repair and demolition standards. The following standards shall be followed in substance by the Commissioner in ordering repair or demolition or vacation: A. If the dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be ordered repaired. FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023 Harold Mayer, Commissioner September 5, 2023 15 Gables Road, Hicksville, NY 11801 Page 12 of 13 B. In any case where a dangerous building is 50% damaged or decayed or deteriorated from its original value or structure or where the owner refuses or fails to make ordered repairs, it shall be demolished, and, in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be demolished. In all cases, where a dangerous building is a fire hazard, existing or erected in violation of the terms of this chapter or any ordinance of the Town or statute of the State of New York, it shall be demolished and/or repaired. C. If the dangerous building is in such condition as to make it dangerous to the health, morals, safety or general welfare of its occupants, it shall be ordered to be vacated. * * * § 96-20. Emergencies. Any provision of this chapter to the contrary notwithstanding, where it reasonably appears that there is imminent danger to the life, health, safety and/or welfare of any person unless a dangerous building or structure, as defined herein, is immediately sealed, boarded up, repaired, vacated or demolished, the Commissioner shall cause the immediate sealing, boarding up, fencing in, reparation, vacation and/or demolition of such dangerous building or structure. The cost of such emergency repair, vacation or demolition of such dangerous building or structure shall be collected in the same manner as provided in § 96-19 hereof. Due to the various observations made on July 6, 2023, and reported here within, it is evident that the owner has not taken many of the required steps to perform maintenance as is required to ensure the building and site are safe and secure and do not present a hazard to the adjoining property owners and to the general public. This building is clearly in violation of the Town of Oyster Bay Property Maintenance Code. * * * FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023 Harold Mayer, Commissioner September 5, 2023 15 Gables Road, Hicksville, NY 11801 Page 13 of 13 Pursuant to the above definitions contained within New York State Building Code and Code of the Town of Oyster Bay, this building is considered to be unsafe, structurally unstable, lacking necessary maintenance and is in a state of much needed repair. CSF believes this site poses a threat to the health, safety, and general welfare of the public. Based on CSF’s inspection on July 6, 2023, and due to the various observations made and reported here within, the owner has not corrected various defects on the residence and property. It is CSF’s recommendation that this structure is unsafe, unstable, unfit for habitation and if repairs cannot be completed, in a timely manner, to meet New York State and Town of Oyster Bay Building Codes, it will continue to deteriorate to a point where it will be financially infeasible to repair and will ultimately require demolition. Per Industrial Code Rule 56 Asbestos, Department of Labor, subpart 56-5, paragraph 56-5.1 Asbestos Survey Requirements, if a building / structure is certified to be unsound or slated for contracted demolition, the building / structure shall be assumed to contain asbestos unless the building/structure is adequately certified to be free of asbestos containing material (ACM). If the building/structure is not certified to be ACM-free, demolition should be performed assuming asbestos containing materials are present and in accordance with such procedures as published by the United States Environmental Protection Agency. Additionally, the demolition of the building shall comply with the Nassau County Department of Health, Office of Community Sanitation standards for rodent free certification prior to building demolition. Furthermore, the demolition of the structure shall comply with the 2020 Building Code of New York State and Occupational Safety and Health Administration standards. Very truly yours, CASHIN SPINELLI & FERRETTI, LLC Ryan Rosenberg, AIA, NCARB, CSI, CDT Enc: Photographic documentation cc: Stephen P. Ferretti, Principal, CSF Joseph Spinelli, Project Manager, CSF FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023 Photo Log 15 Gables Road, Hicksville, NY 11801 FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023 15 Gables Road, Hicksville, NY 11801 Photo Log Page 1 of 6 Photographic Documentation taken on July 6, 2023 Exterior Photos Front Yard and Front Façade (South) – Overgrown Front Façade (South) – Mold / mildew on gutters. foliage. Header collapsing above door. Dilapidated Siding collapsing, not weathertight. Rotting wood trim. Siding collapsing. Not weathertight. molding. Broken light fixture. Front Façade (South) – New asphalt shingles on roof. Front Façade (South) – Siding faded and worn. Paint Siding faded and worn. Rotting wooden trim. peeling off windows. Foliage growing on to house. Mold / mildew observed on siding. Front (South) – Mold / mildew on siding. Hole in Side Façade (East) – Siding faded and worn. exterior wall, not properly closed. Basement window well filled with leaves and debris. FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023 15 Gables Road, Hicksville, NY 11801 Photo Log Page 2 of 6 Side Façade (East) – Cable satellite TV antenna Side Façade (East) – Multiple cracks in chimney dangling from roof. Overgrowth on building. Siding bricks. Mold / mildew observed on chimney. faded and worn. Front (South) – Header visible from exterior. Header Side Yard and Side Façade (West) – Siding faded and collapsing above door. worn. Overgrowth growing along building. Cracks in asphalt driveway. Vine growth along building. Side Façade (West) – Window missing trim, not Back Yard and Back Façade (North) – Vines growing weathertight. Service drop rusted. Siding faded and along building. Trim missing from windows. Siding worn. missing. Mold / mildew growth on siding. FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023 15 Gables Road, Hicksville, NY 11801 Photo Log Page 3 of 6 Rear Façade (North) – Paint peeling off wooden Rear Yard (North) – Overhang collapsing and not soffit. Window trim not weathertight. properly supported. Household items, trash, and debris litter the yard. Mold / mildew on siding. Rear Yard (North) – Overhang Roof boards rotted Rear Yard (North) – Household items, trash, and and unmaintained. Overhang sagging and not debris litter the yard. Broken fence, allowing access properly supported. to property. Rear Yard (North) – Household items, trash, and Rear Yard (North) – Deceased vermin observed in debris litter the garage. Not weathertight. garage. End of Exterior Photos FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023 15 Gables Road, Hicksville, NY 11801 Photo Log Page 4 of 6 Interior Photos Interior (Ground Floor) – Household items and trash Interior (Ground Floor) – Household items and trash litter the kitchen. Mold / mildew and food waste litter the kitchen. Mold / mildew and food waste observed throughout. observed throughout. Interior (Ground Floor) – Ceiling collapsed. Paneling Interior (Ground Floor) – Insulation dangling from dangling. Joists visible. Household items, trash, and ceiling. Mold / mildew observed. Household items, debris piled up. Wallpaper peeling off walls. trash, and debris piled up. Unsanitary conditions. Interior (Ground Floor) – Household items, trash, and Interior (Ground Floor) – Ceiling collapsed. debris piled up. Signs of transient activity. Household items, trash, and debris piled up. FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023 15 Gables Road, Hicksville, NY 11801 Photo Log Page 5 of 6 Interior (Ground Floor) – Ceiling collapsed. Joists Interior (Ground Floor) – Ceiling collapsed. Rafters visible. Household items, trash, and debris piled up. visible. Hole in exterior wall. Header missing above Insulation dangling. window. Joists not connected to framing. Interior (Ground Floor to Second Floor) – Debris on Interior (Second Floor) – Household items and trash stairs. Signs of transient activity. piled up. Fire hazard throughout building with large quantities of cardboard. Interior (Second Floor) – Household items and trash Interior (Second Floor) – Mold / mildew on ceiling, piled up. Mold / mildew observed throughout walls, and in bathtub / shower area. Household items bathroom. Extremely unsanitary conditions. piled up on bathtub. FILED: NASSAU COUNTY CLERK 09/19/2023 10:49 AM INDEX NO. 615126/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/19/2023 15 Gables Road, Hicksville, NY 11801 Photo Log Page 6 of 6 Interior (Second Floor) – Household items and trash Interior (Ground Floor) – Household items and trash piled up. Fire hazard throughout building with large piled up in closet. quantities of cardboard. Interior (Second Floor) – Household items and trash Interior (Second Floor) – Ceiling collapsing. piled up on floor. Insulation dangling. Debris on floor. Mold / mildew. Interior (Basement) – Household items, trash, and Interior (Basement) – Mechanical equipment does debris piled up on floor. Window not weathertight. not appear operational. Mold / mildew on walls. End of Photographic Documentation