It is the intent of this chapter to provide for a rapid and
efficient means of removing or securing or repairing unsafe structures
after examination, notice and hearing.
[Added 5-22-2017 by L.L.
No. 2-2017]
As used in this chapter, the following terms shall have the
meanings indicated:
The Building Inspector of the Village of New Hempstead is hereby
authorized to be and shall be the enforcement officer for this chapter.
When, in his opinion, he shall deem any structure unsafe or dangerous,
he shall cause a further examination thereof to be made by a licensed
architect or professional engineer, as the case may be, after approval
by the Village Board. Upon concurrence with the Building Inspector's
opinion by such architect or engineer, the Building Inspector shall
promptly give notice, as hereinafter provided, of such condition to
the owner or occupants thereof and order the repair, removal, securing
or demolition of the structure.
The notice and order shall be served by the Building Inspector
in any one of the following ways:
A. By personal service upon the owner of said land as the same is shown
on the last completed assessment roll of the Village.
B. By mailing a copy of said notice and order to such owner at the address
shown on the last completed assessment roll of the Village, by certified
or registered mail, and by securing or affixing a copy of said notice
and order upon the structure.
C. By delivery of a copy of said notice and order to any adult person
occupying or residing in said structure and by securing or affixing
a copy thereof upon the structure.
The application to the Zoning Board of Appeals shall contain
at least the following information, under oath:
A. The name and address of the true owner of the property.
B. The reasons for the appeal.
C. Supporting documentation from a licensed architect or engineer setting
forth the grounds upon which the notice and order issued by the Building
Inspector should be reversed or modified.
D. The name and address of the applicant or his personal representative
upon whom service of all papers, including the decision, may be made.
E. Such other information as the Zoning Board of Appeals may require
or the applicant believes is relevant to the appeal.
If the Building Inspector determines that there is actual or
immediate danger of failure or collapse of the structure or for any
other reason determines that use or occupancy will endanger the life,
limb or health of the occupants, he shall order the building or structure
or any portion thereof to be vacated forthwith, by posting at each
entrance to said building or structure a notice stating: "This building
is unsafe, and use or occupancy is hereby prohibited by the Building
Inspector."
In the event that the owner of the property or his agent fails
to demolish, repair, remove or secure the building or structure as
directed in the order and notice of the Building Inspector within
the time indicated thereon, or as the same may be modified by the
Zoning Board of Appeals, the Village of New Hempstead may at any time
thereafter enter upon the lands and property and cause said building
or structure to be repaired, demolished, removed or secured, and all
costs and expenses incurred thereby shall forthwith become a lien
upon and against the property affected and be collected in the same
manner and time as a Village tax. No demolition shall take place without
the express approval of the Village Board.