[HISTORY: Comes from L.L.
No. 92-1981, adopted 10-27-1981, effective 11-2-1981.][1]
GENERAL REFERENCES
Building Construction Administration — See Ch. 86.
Housing and Rehabilitation Code — See Ch. 88.
[1]
Editor's Note: This local law repealed former Ch. 90,
Dangerous Buildings and Structures, adopted 8-23-1966 by L.L. No.
11-1988, effective 9-9-1966, as amended.
A.
COMMISSIONER OF BUILDINGS
DANGEROUS BUILDING
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
NUISANCE
(1)
(2)
OWNER
POSTING
REPAIR
SURVEY
TOWN
TOWN BOARD
The following definitions shall apply in the interpretation and enforcement
of this chapter:
The official, duly appointed by the Town Board, who is the
Building Inspector of the Town of Hempstead.
Any building or structure which has any or all of the following
conditions:
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.
Those which, exclusive of the foundations, show 33 1/3%
or more of deterioration of the supporting member or members, or 50%
or more damage to or deterioration of the nonsupporting enclosing
or exterior walls or covering.
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 Building Construction Code.
Those having inadequate or insufficient facilities for ingress
or egress in the event of fire, panic or other emergency, or those
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 Building Construction Code.
Those which have parts thereof which are so attached or connected
in such a manner that they may fall, collapse or cause damages and
injury to the occupants thereof or other persons or property.
In addition to the foregoing, those which, in whole or in part
used for residential, mercantile, industrial, storage, assembly, institutional
or any other purpose, for want of repair, lack of sufficient fire
escapes to exits, or by reason of age or dilapidated condition or
from any other cause, may now be, or shall at any time hereafter become
dangerous or unsafe structurally, or a fire hazard or a nuisance to
the general public.
A vacant building, unguarded or open at door or window.
A swimming pool shall further be deemed to be an unsafe structure
which has any or all of the following additional conditions:
[Added 10-7-1986 by L.L. No. 75-1986, effective 10-17-1986]
Absence of enclosures and/or covers required pursuant to the New York State Building Code, Article XXV of the Building Zone Ordinance of the Town of Hempstead or Chapter 134 of this Code.
Deterioration of the pool piping, filtration or water treatment
equipment, creating an unsanitary condition of the pool waters.
Deterioration or damage to the pool piping, equipment, pool
walls or floors, causing excessive leaching of pool water into the
surrounding ground area.
An empty uncovered pool.
Improper electrical, water supply or waste removal connections
to the swimming pool or pool equipment creating hazardous conditions.
Improper storage of pool chemicals causing hazardous conditions.
Improper installation of pool heating equipment causing hazardous
conditions.
Embrace whatever is dangerous to human life or detrimental
to health, and shall include but not be limited to:
A public nuisance.
A building, structure or part thereof which has an existing
electrical wiring system which is defective, or which fails to meet
ventilation requirements as prescribed by applicable provisions of
law, or which has plumbing, sewage or drainage facilities that are
not in conformity with applicable building and plumbing codes, or
which is overcrowded.
Includes the owner of record of any premises, a mortgagee,
a tax lien purchaser, a lienor, and any other person having a vested
or contingent interest in said premises and anyone exercising rights
of ownership therein as indicated by the records of the County Clerk
of Nassau County, or by the records of the receiver of taxes.
The fastening, nailing, tacking or substantially securing
by any other means, of any notice, survey, order, directive or official
decision, on a building or structure.
Construed to include any alteration, structural change or
the performance of any act necessary or requisite for the elimination
of any hazardous, dangerous or unsafe condition of any dangerous building
or structure within the purview of this chapter.
A written determination in a report, after an on-site inspection
by a designated inspector of the Town of Hempstead, in conjunction
with a registered architect or licensed professional engineer chosen
or appointed by the Town Board.
The Town of Hempstead.
The Town Board of the Town of Hempstead.
B.
Word usage.
(1)
The words "or" and "and," as used herein, may be construed interchangeably
where such meaning is necessary to effectuate the purpose of this
chapter.
(2)
Where necessary, the singular shall include the plural, and the plural
shall include the singular.
(3)
The word "person" shall include a partnership, corporation, association
or trustee.
(4)
The words "persons interested," as used herein, shall be construed
to include the owner, as herein defined, and all other persons interested
in the property to which such words refer.
(5)
The word "structure" as used in this chapter shall be construed to
include a swimming pool.
[Added 10-7-1986 by L.L. No. 75-1986, effective 10-17-1986]
The fact that a building or structure exists in violation of
the applicable provisions of the State Building Construction Code
or of an earlier Town building code, or the state standard Building
Code for places of public assembly, or the state-wide Multiple Residence
Law, as the case may be, or of any provision of the Fire Prevention
Ordinance of the County of Nassau or of any local law or ordinance
of the Town of Hempstead, when found as other violations in addition
to conditions deemed to be in violation of this chapter, may be considered
in determining whether a building or structure is hazardous, dangerous
or unsafe.
Under this chapter, the Commissioner of Buildings shall have
jurisdiction for the purpose of demolishing, taking down or removing
any hazardous, dangerous or unsafe building or structure or, alternatively,
for taking remedial action toward making any of said buildings or
structures safe and secure.
A.
Upon receipt of information that a building or structure may be dangerous,
the Commissioner of Buildings shall cause an investigation of the
premises to be made and an inspection report submitted and filed in
his office.
B.
After the report is filed in his office, and if the report shall confirm the existence of a dangerous building or structure, the Commissioner of Buildings shall cause a notice to the occupant, owner in fee, trustee, mortgagee, judgment creditor or purchaser at a tax sale of a tax lien affecting the subject premises, and the heirs, legal representatives and assigns of any or either of them, the guardian of any infants having any interest therein, and any other person having a lien, claim or interest appearing of record, all relating to the subject premises. The words "appearing of record" shall be construed to refer to any person on whom a notice is hereby required to be served, the nature and degree of whose interest appears from the records kept by the County Clerk, County Treasurer, surrogate of the county and Town Receiver of Taxes. The notice shall contain the specifications set forth in § 90-5 and shall be served on the parties in interest by registered mail, postage paid, return receipt requested, and addressed to such person's last known address. The receipt of the postmaster for such registered mail or the affidavit of the person mailing it shall be sufficient evidence of the service of the notice.
A.
The notice shall contain the following:
(1)
A description of the premises.
(2)
A statement of the particulars in which the building is unsafe or
dangerous.
(3)
An order outlining the manner in which the building is to be made
safe and secure, or demolished and removed.
(4)
A statement that the securing or removal of such building shall commence
within 20 days of the service of the notice and shall be completed
within 60 days thereafter, unless for good cause shown such time shall
be extended.
(5)
A date, time and place for a hearing before the Town Board in relation
to such dangerous or unsafe building, which hearing shall be scheduled
not less than five business days from the date of service of the notice.
(6)
A statement that in the event of neglect or refusal to comply with
the order to secure and make safe or demolish and remove the building,
the Town Board is authorized to provide that said building be secured
and made safe or demolished, taken down and removed, to assess all
expenses thereof against the land on which it is located, and to institute
a special proceeding to collect the costs of securing or demolishing,
including legal expenses.
B.
Service of this notice shall be by personal service or by registered
mail, and, if by registered mail, a copy of the notice shall be posted
on the premises.
If the person served with the notice shall immediately certify
his assent to the securing or the demolition and removal of the dangerous
building or structure in question, he shall be permitted 10 days within
which to commence the abatement of the dangerous conditions affecting
the building or structure and shall employ sufficient labor and assistance
to secure or demolish and remove such building or structure within
a reasonable period of time thereafter.
Upon refusal, neglect or failure of the person or persons served
with a notice and order to comply with the requirements and specifications
therein, or upon his or their rejection of such notice, a notice of
survey shall be served upon him by the Commissioner of Buildings,
either in person or by registered mail, giving notice that a survey
of the premises described in the notice will be made at a time and
place therein specified. A copy of such notice shall be posted on
the premises.
A.
The survey shall be made by two competent persons, of whom one shall
be the Commissioner of Buildings or a building inspector designated
by him, and the other shall be a registered architect or a licensed
professional engineer appointed by the Town Board.
B.
Within a reasonable time after the survey is completed, the determination
thereof shall be made by such persons in writing and filed in the
office of the Department of Buildings, and a copy thereof shall be
posted on the subject building or structure.
C.
All notices posted pursuant to any provision of this chapter are
to remain on the building or structure until it is repaired, secured,
demolished or removed, or made to comply with the directions which
have been given the owner.
D.
The two persons designated pursuant to the provisions of Subsection A hereof shall make the survey, and, should they disagree, they shall appoint a third person, whose decision shall be final, to take part in the survey, who shall be either a practical builder, licensed professional engineer or registered architect, either one having at least 10 years' practice in his respective profession.
[Amended 3-16-1982 by L.L. No. 28-1982, effective 3-22-1982]
A.
The architect or engineer appointed by the Town Board, as hereinbefore provided, who may act on any survey required by this chapter or the third surveyor, who may be called in the event of a disagreement as provided in § 90-8D hereof, shall be entitled to a fee to be determined and fixed by the Town Board, which is to be paid upon the voucher of the Commissioner of Buildings.
B.
The Commissioner of Buildings shall receive a fee of $250 for work
performed and services rendered involving any dangerous or unsafe
one- or two-family dwelling and shall receive a fee of $500 for work
performed and services rendered involving any other dangerous or unsafe
building or structure.
[Amended 3-28-2017 by L.L. No. 24-2017, effective 4-5-2017]
C.
A cause of action is hereby created for the benefit of the Town against the owner of the dangerous building or structure surveyed and of the lot or parcel of land on which the dangerous building or structure is located, for the amount disbursed by the Town for such survey, with interest, as defined in Subsection A hereof and for work performed and services rendered, as defined in Subsection B hereof.
A copy of the notice described in § 90-5 of this chapter shall be filed in the office of the County Clerk of Nassau County and shall have the same effect as a notice of pendency.
In the event of the refusal or neglect of the person so notified to comply with the order of the Town Board after the hearing, by resolution duly adopted, the Town Board shall provide for the securing and making safe or the demolition and removal of such building or structure by Town employees or by contract. Except in emergency, as provided in § 90-15 of this chapter, any contract for the securing and making safe or the demolition and removal of a building in excess of $5,000 shall be awarded through competitive bidding.
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 Buildings or his representative, or
any person acting in his behalf, in performing his duties as set forth
in this chapter.
The Town shall be reimbursed for the cost of the work performed
or the services rendered, as hereinabove provided, by assessment against
the collection from the lots or parcels of land where such work was
performed or services rendered for so much of the actual and complete
cost as incurred upon and from each lot or lots, in the manner provided
for the assessment of the cost of public improvements by Article 15
of the Town Law of the State of New York.
Any provision of this chapter to the contrary notwithstanding, the Town Board is hereby authorized to cause the demolition of any dangerous building or structure at the Town's expense at the written request of the owner of such building or structure. Any expenses incurred by the Town shall be reimbursed to the Town pursuant to the provisions of § 90-13 hereof.
Any provision of this chapter to the contrary notwithstanding, where it reasonably appears that there is imminent danger to the life or safety of any person unless a dangerous building or structure, as defined herein, is immediately repaired, vacated or demolished, the Building Inspector shall cause the immediate repair, vacation 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 § 90-13 hereof.
Any person or persons, other than those duly authorized by the Commissioner of Buildings, removing from a building or structure any notice prescribed by this chapter or committing an offense against the provisions of § 90-12 hereof, is guilty of a violation punishable by a fine not exceeding $250 or imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment.
