As used in this local law, the following terms shall have the
meanings indicated:
BUILDING PERMIT
A permit issued pursuant to Section 4 of this local law.
The term "building permit" shall also include a building permit which
is renewed, amended or extended pursuant to any provision of this
local law.
COMPLIANCE ORDER
An order issued by the Code Enforcement Officer pursuant
to Subsection A of Section 15 of this local law.
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
INSPECTOR
An inspector appointed pursuant to Subsection D of Section
4 of this local law or pursuant to the Code of the Town of Hempstead.
OPERATING PERMIT
A permit issued pursuant to Section 10 of this local law.
The term "operating permit" shall also include an operating permit
which is renewed, amended or extended pursuant to any provision of
this local law.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
An individual, corporation, limited liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
TOWN
The Town of Hempstead.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The chief of any fire department providing fire-fighting services
for a property within the Town shall promptly notify the Code Enforcement
Officer of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in the Town shall be identified and addressed in accordance with the procedures established by Chapter
90 of the Code of the Town of Hempstead.
The Code Enforcement Officer shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, this local
law, or any other local law, ordinance or regulation adopted for administration
and enforcement of the Uniform Code or the Energy Code. The process
for responding to a complaint shall include such of the following
steps as the Code Enforcement Officer may deem to be appropriate:
A. Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
B. If a violation is found to exist, providing the owner of the affected
property and any other person who may be responsible for the violation
with notice of the violation and opportunity to abate, correct or
cure the violation, or otherwise proceeding in the manner described
in Section 15, Enforcement; penalties for offenses; of this local
law;
C. If appropriate, issuing a stop-work order;
D. If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
Fees shall be in the amount designated in the Code or Building
Zone Ordinance of the Town of Hempstead. The fees set forth in, or
determined in accordance with, such fee schedule or amended fee schedule
shall be charged and collected for the submission of applications,
the issuance of building permits, amended building permits, renewed
building permits, certificates of occupancy, temporary certificates,
operating permits, firesafety and property maintenance inspections,
and other actions of the Code Enforcement Officer described in or
contemplated by this local law.
The Town Board may, by resolution, authorize the Commissioner
of Buildings to enter into an agreement, in the name of this Town,
with other governments to carry out the terms of this local law, provided
that such agreement does not violate any provision of the Uniform
Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any
other applicable law.
If any section of this local law shall be held unconstitutional,
invalid, or ineffective, in whole or in part, such determination shall
not be deemed to affect, impair, or invalidate the remainder of this
local law.
This local law shall take effect immediately upon filing in
the office of the New York State Secretary of State in accordance
with § 27 of the Municipal Home Rule Law.