This chapter shall be known as "Maintenance of Vacant Buildings"
and is supplementary to applicable provisions of the New York State
Uniform Fire Prevention and Building Code.
This chapter provides standards governing the facilities and
the condition and maintenance of vacant premises to safeguard the
safety, health and welfare of the community.
In addition to the definitions of this Town Code, the following
special definitions are applicable to this chapter. In the event of
conflict, the following definitions shall be controlling:
ENFORCEMENT OFFICER
A duly authorized representative of the Town of Hempstead empowered with enforcement authority under §
2-1 of the Town Code.
OWNER
Those shown to be the owner or owners on the records of the
Nassau County Clerk's Office, those identified as the owner or
owners on a vacant building registration form, a mortgagee in possession,
a mortgagor in possession, assignee of rents, receiver, executor,
trustee, lessee, other person, firm or corporation in control of the
premises, a duly authorized agent(s), or a mortgagee that has filed
an action in foreclosure on the particular premises at issue, until
title to the premises is transferred to a third party. Any such person
shall have a joint and several obligation for compliance with the
provisions of this chapter.
UNOCCUPIED
A building which is not being used for an occupancy authorized
by the owner.
UNSECURED
A building or portion of a building which is open to entry
by unauthorized persons without the use of tools or ladders.
VACANT BUILDING
A building or portion of a building which is:
A.
Unoccupied and unsecured;
B.
Unoccupied and secured by other than normal means;
C.
Unoccupied and an unsafe building as determined by the Department
of Buildings;
D.
Unoccupied and has multiple housing or building code violations;
F.
Unoccupied for a period of time over 365 days, and during which
time the enforcement officer has issued an order to correct code violations.
This chapter shall be applicable to the following:
A. Lots, plots or parcels of land on which buildings designed for or
developed for residential use or occupancy, mixed-occupancy buildings,
nonresidential occupancy or accessory structures are located; and
B. Buildings designed for or developed for residential use or occupancy,
including one- and two-family dwellings and multiple dwellings, mixed-occupancy
buildings, nonresidential occupancy and accessory structures.
Provision for safe and continuous entry shall be provided to
the interior of a building or structure from the exterior at a street
or to a yard, court or passageway leading to a public open area at
any time entry is necessary for purposes of required maintenance or
inspection.
Railings or parapet walls shall be maintained at open sides
of balconies, mezzanines, porches, accessible roofs, exit passageways,
areaways, motor vehicle parking decks and ramps and around floor openings.
Chimneys, smokestacks, flues, gas vents, smoke pipes and connectors
shall be maintained structurally safe and smoketight.
Fuel gas pipe systems shall be maintained gastight, safe and
operative under conditions of use or shall be disconnected at the
main.
Tanks shall be maintained so as not to be a hazard or shall
be discontinued in a manner consistent with the New York State Uniform
Fire Prevention and Building Code.
Electrical fixtures, devices, wiring and systems shall be maintained
in safe working condition in a manner which will avoid a potential
source of ignition or shock or service shall be discontinued at the
supply.
Elevators, dumbwaiters and escalators shall be maintained or
taken out of service, in accordance with the New York State Uniform
Fire Prevention and Building Code.
For any and every violation of the provisions of this chapter,
the owner, general agent or contractor of a building or premises where
such violations have been committed or shall exist, and the lessee
or tenant of an entire building or entire premises where such violations
have been committed or shall exist, or the owner, general agent, contractor,
lessee or tenant of any part of a building or premises in which part
such violation has been committed or shall exist, and the general
agent, architect, builder, contractor or any other person who knowingly
commits, takes part in or assists in any such violation or who maintains
a building or premises in which any violation shall exist, shall be
guilty of an offense punishable by a fine of not less than $1,000
and not exceeding $2,500 or by imprisonment for a period not to exceed
15 days, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, such violation shall be punishable by a fine of not
less than $2,500 nor more than $5,000 or by imprisonment for a period
not to exceed 15 days, or both; and upon conviction of a third or
subsequent offense, all of which were committed within a period of
five years, such violation shall be punishable by a fine of not less
than $5,000 nor more than $10,000 or by imprisonment for a period
not to exceed 15 days, or both. Each week's continued violation
shall constitute a separate additional violation.
If any provision of this chapter is declared unenforceable for
any reason by a court of competent jurisdiction, such declaration
shall affect only that provision, and shall not affect the remainder
of this chapter, which shall remain in full force and effect.