Village of New Hempstead, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of New Hempstead 4-19-1984 by L.L. No. 7-1984. Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 126.
Property maintenance — See Ch. 209.
Zoning — See Ch. 290.
It is the intent of this chapter to provide for a rapid and efficient means of removing or securing or repairing unsafe structures after examination, notice and hearing.
[Added 5-22-2017 by L.L. No. 2-2017]
As used in this chapter, the following terms shall have the meanings indicated:
STRUCTURE
As defined in Chapter 290, Zoning.
The Building Inspector of the Village of New Hempstead is hereby authorized to be and shall be the enforcement officer for this chapter. When, in his opinion, he shall deem any structure unsafe or dangerous, he shall cause a further examination thereof to be made by a licensed architect or professional engineer, as the case may be, after approval by the Village Board. Upon concurrence with the Building Inspector's opinion by such architect or engineer, the Building Inspector shall promptly give notice, as hereinafter provided, of such condition to the owner or occupants thereof and order the repair, removal, securing or demolition of the structure.
A. 
The notice specified in § 130-3 hereinabove shall contain at least the following information and such other information as the Building Inspector may determine:
(1) 
The location of the structure, giving the tax lot and block and street address, if any.
(2) 
A brief statement setting forth the particulars in which and the reasons why said structure is deemed unsafe or dangerous.
(3) 
That, in the event that the order to correct is not complied with within the time specified in said order, the land upon which the structure is situated will be assessed for all costs and expenses incurred by the Village for the purpose of securing compliance with the order, said costs and expenses to be collected in the same manner and time as Village taxes.
B. 
The order to correct shall contain at least the following information:
(1) 
The removal, securing, demolishing or repairing of the structure, together with a generalized statement of what is required to accomplish any of the foregoing.
(2) 
The time within which the corrections contained in the order shall be completed, which time shall be not less than 10 days nor more than 60 days after service of the notice and order, which may be extended by the Building Inspector for good cause shown.
The notice and order shall be served by the Building Inspector in any one of the following ways:
A. 
By personal service upon the owner of said land as the same is shown on the last completed assessment roll of the Village.
B. 
By mailing a copy of said notice and order to such owner at the address shown on the last completed assessment roll of the Village, by certified or registered mail, and by securing or affixing a copy of said notice and order upon the structure.
C. 
By delivery of a copy of said notice and order to any adult person occupying or residing in said structure and by securing or affixing a copy thereof upon the structure.
A. 
Any person affected by the notice and order may request, and shall be granted, a hearing before the Zoning Board of Appeals upon payment of the Board's fee, and such application shall have preference over all other matters before said Board; provided, however, that the applicant shall file his request within seven days after service of the notice and order.
B. 
The Zoning Board of Appeals shall set a time and place for hearing and give the applicant not less than seven days' written notice thereof. At the hearing, the applicant shall be permitted to testify as to the reasons why the Building Inspector's order should be modified or overruled.
C. 
In the event that such appeal is denied or modified, the owner of the property shall comply with said order within five days after the filing of the decision. A copy of said decision shall be mailed to the owner of the property by ordinary mail.
The application to the Zoning Board of Appeals shall contain at least the following information, under oath:
A. 
The name and address of the true owner of the property.
B. 
The reasons for the appeal.
C. 
Supporting documentation from a licensed architect or engineer setting forth the grounds upon which the notice and order issued by the Building Inspector should be reversed or modified.
D. 
The name and address of the applicant or his personal representative upon whom service of all papers, including the decision, may be made.
E. 
Such other information as the Zoning Board of Appeals may require or the applicant believes is relevant to the appeal.
If the Building Inspector determines that there is actual or immediate danger of failure or collapse of the structure or for any other reason determines that use or occupancy will endanger the life, limb or health of the occupants, he shall order the building or structure or any portion thereof to be vacated forthwith, by posting at each entrance to said building or structure a notice stating: "This building is unsafe, and use or occupancy is hereby prohibited by the Building Inspector."[1]
[1]
Editor's Note: Original Section 7B of L.L. No. 7-1984, which contained penalty provisions and which immediately followed this section, was repealed 5-22-2017 by L.L. No. 2-2017.
In the event that the owner of the property or his agent fails to demolish, repair, remove or secure the building or structure as directed in the order and notice of the Building Inspector within the time indicated thereon, or as the same may be modified by the Zoning Board of Appeals, the Village of New Hempstead may at any time thereafter enter upon the lands and property and cause said building or structure to be repaired, demolished, removed or secured, and all costs and expenses incurred thereby shall forthwith become a lien upon and against the property affected and be collected in the same manner and time as a Village tax. No demolition shall take place without the express approval of the Village Board.
A. 
Any person, firm or corporation or their agents who or which shall violate any provision of this chapter shall be subject to a penalty of a fine not to exceed $5,000 or imprisonment for a period not to exceed 15 days, or both. The remedies contained in this chapter shall not be exclusive but shall be in addition to any other remedy provided by law, nor shall the invoking of any remedy or procedure contained in this chapter bar the imposition of any and all other remedies.
[Amended 5-22-2017 by L.L. No. 2-2017]
B. 
Each week or any portion thereof during which a violation of this chapter shall exist shall constitute a separate and distinct violation.