The Owner of Record shall, within five days of registration
of an Unsafe Building or Structure, submit to the Building Department
a Compliance Plan, subject to the following:
A. The
Compliance Plan shall be reviewed by the Commissioner of the Building
Department, or his designee, and shall be approved or rejected by
the Commissioner of the Building Department.
B. In
the event that the Compliance Plan is rejected, the Commissioner of
the Building Department shall notify the Owner of Record, in writing,
and shall state the specific reasons for such rejection. In such event,
the Owner of Record shall have 10 days to submit a revised Compliance
Plan addressing each of the reasons for the rejection.
C. Upon approval of the Compliance Plan by the Commissioner of the Building
Department, the Owner of Record shall have no more than 30 business
days to submit all applications for any Town permits required to perform
the work required by the Compliance Plan.
D. The Owner of Record shall have no more than 90 days after the issuance
of all required permits, or if no permits are required, after the
approval of the Compliance Plan, to complete the work.
If the Owner of Record fails to comply with a written notice issued by the Commissioner of the Building Department pursuant to §
2A-7A hereof:
A. The
Town Board may, upon the recommendation of the Commissioner of the
Building Department and after a public hearing, direct that an Unsafe
Building or Structure be demolished and removed by the Owner of Record.
Upon the Owner of Record's failure to comply with such order,
the Town or its agent may demolish said building or structure.
B. The
Commissioner of the Building Department is hereby authorized and empowered
to notify the Superintendent of Highways, or an agent of the Town,
to secure, or cause to be secured, the Unsafe Building or Structure.
C. The Commissioner of the Building Department is hereby authorized
and empowered to revoke the Certificate of Occupancy or Certificate
of Existing Use for the premises in which the Unsafe Building or Structure
is situated; however, an owner may file an appeal with the Town Clerk,
within 10 days after service of the notice, seeking a hearing before
the Town Board on whether said certificate shall be revoked. Such
hearing shall be conducted at the next regularly scheduled meeting
of the Town Board, held not less than seven days after the filing
of said notice of appeal with the Town Clerk. In the event such notice
of appeal is filed, the revocation of the Certificate of Occupancy
or Certificate of Existing Use shall not be effective until after
the decision of the Town Board.
D. Failure to comply with any written notice issued by the Commissioner
of the Building Department when such notice has been provided in accordance
with this chapter shall constitute a separate and distinct offense
hereunder.
It shall be unlawful for any person, whether or not interested
in the property affected by this chapter, to interfere with, obstruct
or hinder the Commissioner of the Building Department or his representative
or any person acting on his behalf in performing his duties as set
forth in this chapter.
Except as otherwise provided pursuant to §
2A-9C herein, any person affected by a notice which has been issued in connection with the enforcement of the provisions of this chapter may request and shall be granted a hearing on the matter by the Town Attorney, or his designee, provided that such person shall, within 48 hours after service of a notice, file in the office of the Town Attorney a signed, written notice of appeal, requesting a hearing and setting forth a brief statement of the reasons therefor. Upon receipt of such notice of appeal, the Town Attorney, or his designee, shall forthwith set a time and place for such hearing and shall give the person appealing notice thereof. The hearing shall be commenced not later than 14 days after the request is made, provided that for good cause the Town Attorney, or his designee, may postpone such hearing for a reasonable time. The Town Attorney shall determine such appeals as promptly as practicable.
Wherever notice is required to be given under a provision of
this chapter, service of such notice shall be deemed complete upon
personal delivery or three days in Nassau County or its adjoining
counties, or five days for other locations after service by certified
mail or first-class mail, as may be required. The failure of any intended
recipient to receive such notice shall not affect in any manner the
validity of any proceedings taken hereunder, provided that same was
properly addressed to the last known address of the intended recipient.
If any clause, sentence, paragraph, section, word or part of
this chapter is adjudged by any court of competent jurisdiction to
be invalid, the judgment shall not affect, impair or invalidate the
remainder of this chapter but shall be confined in its operation to
the clause, sentence, paragraph, section, word or part of this chapter
directly involved in the controversy in which judgment is rendered.