[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.]
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:
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.
