Town of North Hempstead, NY
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2023-11-14
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The Code
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Chapter 28 Housing, Rehabilitation and Property Maintenance Code
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Article VIA Fire-Damaged Buildings
- The Code
- Ch 1 General Provisions
- Ch 2 Administration and Enforcement
- Ch 2A Unsafe Property and Buildings
- Ch 3 Attendance of Employees At Outside Meetings
- Ch 4 Appearance Tickets; Authority to Prosecute
- Ch 4A Balloons
- Ch 5 Bingo
- Ch 6 (Reserved)
- Ch 7 Building Code
- Ch 8 Building and Safety: Multiple Residence
- Ch 9 Building and Safety: Places of Assembly and Places of Public Assembly
- Ch 9A Building and Safety: Operating Permits
- Ch 10 Numbering of Buildings; Honorary Street Names
- Ch 10A Business Improvement Districts
- Ch 11 Cabarets, Restaurants and Other Places of Public Entertainment
- Ch 11A Cannabis
- Ch 12 Circuses
- Ch 12A Commercial Handbills
- Ch 13 Dealers in Secondhand Merchandise
- Ch 14 Dogs
- Ch 14A Domestic Partnerships, Registration of
- Ch 15 Elections On Propositions
- Ch 15A Election Districts
- Ch 15B Town Clerk; Term of Office
- Ch 16 Employee Organizations
- Ch 16A Ethics, Code of
- Ch 16B Anti-Nepotism
- Ch 17 Excavations, Hazardous
- Ch 18 Highway Excavations and Curb Cuts
- Ch 19 Explosives
- Ch 20 Environmental Quality Review
- Ch 20A Environmental Planning, Conservation and Care of Trees
- Ch 20B Environmental Trust Fund
- Ch 20C Manhasset Bay Improvement Fund
- Ch 20D Environmental Legacy Fund
- Ch 20E WTC Relief Fund
- Ch 21 Floodplain Management Regulations
- Ch 22 Fire Prevention
- Ch 22A Games of Chance
- Ch 23 Governmental Departments
- Ch 23A Exemption of Real Property Within Villages
- Ch 24 Governmental Operations
- Ch 25 Grading and Soil Removal
- Ch 26 Highways: Notice of Defect
- Ch 27 Historic Landmarks Preservation
- Ch 28 Housing, Rehabilitation and Property Maintenance Code
- Ch 28 Art VIA Fire-Damaged Buildings
- § 28-38 Procedures after fire.
- § 28-39 Notification of intent.
- § 28-39.1 Demolition of building and site clearance.
- § 28-39.2 Demolition and rebuilding of structure.
- § 28-39.3 Repair of building.
- § 28-39.4 Review by Building Official.
- § 28-39.5 Action by Town Board; cost to become a lien.
- Ch 28A Housing, Open
- Ch 29 Inflammable Materials
- Ch 29A Underground Storage of Flammable and Other Hazardous Liquids
- Ch 30 Security Gates On Premises Located Within Any Business District
- Ch 31 Junk Dealers
- Ch 32 Drop-Off Bins
- Ch 33 Launderettes
- Ch 34 Littering and Dumping
- Ch 35 Materials, Deposit of
- Ch 36 Movies and Filming
- Ch 37 Mechanical Bucking Devices
- Ch 38 Noise
- Ch 38A Landscaping and Gardening
- Ch 39 Regulation of Town Parks, Town Gardens and Town Docks
- Ch 39A Payroll Deductions
- Ch 40 Peddlers and Solicitors
- Ch 40A Personal Property, Abandonment of
- Ch 41 Plumbing
- Ch 41A (Reserved)
- Ch 41B Public Parking Fields
- Ch 42 Public Waterways; Structures
- Ch 43 Regulation of Public Spaces
- Ch 44 Regulation of Alcoholic Beverages
- Ch 44A Retirement Incentive Program
- Ch 45 Sand Bank and Pit Excavations
- Ch 46 Sanitation
- Ch 46A Stormwater Management and Sediment and Erosion Control
- Ch 47 Sewers
- Ch 47A Water
- Ch 47B Storm Sewers
- Ch 48 Sidewalks
- Ch 49 Snow Removal, Snow Emergencies and Street Cleaning
- Ch 51 Taxation
- Ch 52 Taxicabs, Limousines and Private Livery Vehicles
- Ch 54 Tobacco
- Ch 55 Tow Trucks
- Ch 56 (Reserved)
- Ch 57 Town Facilities
- Ch 58 Governmental Transparency
- Ch 59 Town Lands, Shorefronts and Land Under Water
- Ch 59A Town Property: Notice of Defects
- Ch 60 Trade On Memorial Day
- Ch 61 Trespass
- Ch 62 Unattended Animals
- Ch 63 Unsafe Structures
- Ch 64 Utility Pole Space, Condemnation of
- Ch 64A Double Utility Poles, Removal of
- Ch 64B Utility Pole Hazardous Chemical Warning
- Ch 65 Vehicles and Traffic
- Ch 65A Vehicles, All-Terrain
- Ch 65B Failure to Stop for School Buses
- Ch 66 Skateboards, In-Line Skates and Similar Devices
- Ch 67 Bamboo
- Ch 69 Waterways and Regulation of Boats
- Ch 70 Zoning
- Ch 75 Wireless Telecommunications Facilities
- Appendix
- Ch 80 Locker Rental Fees For Town Beaches
- Ch 81 Fallout Shelter Rules and Regulations
- Ch 99 Miscellaneous Laws
- Disposition List
- Ch DL Disposition List
- Traffic Code
- Art I General Provisions
- Art II Traffic Regulations
- Art III Parking, Standing and Stopping
- Art IV Off-Street Firesafety Parking Zones
- Art V Handicapped Parking
- Art VI Removal and Storage of Vehicles
- Art VII Miscellaneous Provisions
- Sch TC1 Traffic Control Signals
- Sch TC2 Speed Limits
- Sch TC3 School Speed Limits
- Sch TC4 One-Way Streets
- Sch TC5 U-Turn Prohibitions
- Sch TC6 Prohibited Turns At Intersections
- Sch TC7 Prohibited Right Turns On Red Signal
- Sch TC8 Stop Intersections
- Sch TC9 Yield Intersections
- Sch TC9A Gridlock Intersections
- Sch TC10 Trucks Over Certain Weights Excluded
- Sch TC11 Parking Prohibited At All Times
- Sch TC12 Parking of Commercial Vehicles Prohibited
- Sch TC13 Parking of Taxicabs Prohibited At All Times
- Sch TC14 No Stopping
- Sch TC15 No Standing
- Sch TC16 Parking Prohibited Certain Hours
- Sch TC17 No Stopping Certain Hours
- Sch TC18 No Standing Certain Hours
- Sch TC19 Time Limit Parking
- Sch TC20 Angle and Head-In Parking
- Sch TC21 Loading Zones
- Sch TC22 Taxi Stands
- Sch TC23 Bus Stops
- Sch TC24 Fire Lanes
- Sch TC25 Class A Fire Zones
- Sch TC26 Class B Fire Zones
- Sch TC27 Snow Emergency Routes
- Sch TC28 Commercial Vehicles Prohibited At All Times
- Sch TC29 Prohibited Street Entry
- Sch TC30 Lane Use Designations
- Sch TC31 Restricted Parking
- Sch TC32 (Reserved)
- Art IX Port Washington Public Parking District
- Art X Parking Area At Mary Jane Davies Green Park
- Art XI Prospect Avenue Parking Field
- Ch TCI Street Index
Where a building has been damaged by fire, explosion, collapse
or other act of God so as to be incapable of being occupied or used,
the owner of such building shall, within 72 hours after such occurrence,
seal said building against access by unauthorized persons and shall
clear the site of debris incident to the occurrence.
Within two weeks after the occurrence, the owner or his agent
shall, in writing, notify the Building Official of his intent to pursue
one of the following courses of action:
In the event the owner elects to demolish the building pursuant to § 28-39A above, he shall, within 60 days of the occurrence, secure a demolition permit. The building shall be demolished and the site shall be cleared of all debris within 30 days of the issuance of said permit. Site clearance shall include the removal of all debris from the foundation and backfilling with clean inorganic fill.
In the event that the owner elects to demolish the building and rebuild pursuant to § 28-39B or C above, he shall, within 90 days of the occurrence, file plans with the Building Official and apply for a demolition permit and a building permit. The building shall be demolished and the site cleared of all debris within 30 days of the issuance of the building permit.
In the event that the owner elects to repair the building pursuant to § 28-39D above, he shall apply for a building permit within 90 days of the occurrence and shall clear the site and begin construction within 30 days of the issuance of the building permit.
On receipt of a notification pursuant to § 28-39.2 of this article, the Building Official shall review the matter and determine whether authorization of the Board of Zoning and Appeals is required in the case of any proposed construction, reconstruction or repair. In such event, the owner shall make application to the Board of Zoning and Appeals within 90 days of the occurrence and shall secure a demolition permit, if required, at the time of said application. Demolition shall be commenced on issuance of the demolition permit and the site shall be cleared of all debris within 30 days.
A.
Where the owner shall not have notified the Building Official as provided in § 28-39 of this article, or where said owner shall not have taken action to secure necessary permits and undertaken demolition or repair pursuant to the appropriate section or sections of this article, the Building Official shall notify the Town Board. The Board shall review the matter, including the reports of the Building Official and the appropriate fire safety official. The Town Board shall make a finding as to whether a safety hazard exists, and, in the event of such finding, the Board shall notify the property owner, who shall be given an opportunity to be heard.
B.
In the event that the property owner shall not have taken action
to secure permits pursuant to this article within two weeks of notification
or of hearing before the Board, whichever shall be later, the Town
Board shall institute action to demolish the building or take other
action as may be necessary to secure compliance with this article,
and the costs thereof, including interest charges and other assignable
costs, such as legal and administrative costs, shall be reimbursed
by special assessment and levy against the real property upon which
the violation occurred, and the expense so assessed shall constitute
a lien and charge on the real property on which it is levied until
paid or otherwise discharged and shall be collected in the same manner
and at the same time as other Town charges.
