[Adopted 8-2-1984 by L.L.
No. 21-1984]
It is the intent of this article to prevent the loss of contract
deposits and other moneys placed with builders in connection with
the construction and purchase of homes in the Village of New Hempstead.
This article shall apply to any person, firm or corporation
building any form of residence for resale within the Village of New
Hempstead.
This article shall not be construed to make the Village or any
agency or department thereof a party to a contract of sale of real
property nor an arbiter or guarantor of the terms of such a contract.
[Amended 5-22-2017 by L.L. No. 2-2017]
This article shall be enforced by the Building Inspector and
the Code Inspector of the Village of New Hempstead.
Each and every violation of any of the provisions of this article
shall be punishable by a fine not to exceed $5,000 or imprisonment
not to exceed 15 days, or both.
The Building Inspector is hereby authorized to issue a certificate
of occupancy for a single-family residence in advance of completion
of all of the improvements required therefor whenever, in his opinion,
the work remaining to be completed is minor and extenuating circumstances
exist necessitating early occupancy for such residence by the prospective
occupants, on the following conditions:
A. The developer shall pay the required fee for the issuance of a certificate
of occupancy in advance of the completion of improvements as set forth
in the Village of New Hempstead Fee Schedule.
B. The developer shall sign an escrow agreement promising completion
of the unfinished improvements by a date to be selected by the Building
Inspector and authorizing the Village of New Hempstead to complete
such improvements at the developer's expense upon its failure
to comply with the agreement.
C. The developer shall deliver the cash escrow deposit to the Village
of New Hempstead in an amount equal to twice the cost of such unfinished
improvements as estimated by the Building Inspector.
D. The prospective owner/occupants shall sign an indemnification agreement
holding the Village of New Hempstead harmless for such issuance of
a certificate of occupancy and authorizing the Village of New Hempstead
or contractors selected by it to enter upon the subject property to
complete such improvements in the event of the failure of the developer
to do so.