Village of Hempstead, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Hempstead 12-6-1983 by L.L. No. 19-1983;[1] amended in its entirety 11-3-1993 by L.L. No. 9-1993. Subsequent amendments noted where applicable.]
Boardinghouse and rooming houses — See Ch. 48.
Building construction administration — See Ch. 50.
Electrical standards — See Ch. 60.
Fire prevention and protection — See Ch. 65.
Housing and property maintenance — See Ch. 78.
Plumbing — See Ch. 100.
Editor's Note: This local law also provided for the repeal of former Ch. 51, Buildings and Structures, Dangerous, adopted 1-6-1981 by L.L. No. 2-1981.
"Dangerous buildings" shall mean 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 wall 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 the minimum standards prescribed by the Village of Hempstead Building Code.[1]
Editor's Note: See Ch. 50, Building Construction Administration.
Those having inadequate or insufficient facilities for ingress and 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 Village of Hempstead Building Code.
Those which have parts thereof which are so attached or connected in such a manner that they may fall, collapse or cause damage and injury to the occupant thereof or other persons or property.
Those which, in whole or in part, are used for residential, mercantile, industrial, storage, assembly, institutional or any other purpose, for want of repair, lack of sufficient fire escapes or exits, or by reason of age, fire or dilapidated condition, or from any other cause, may now be, or shall at any time hereafter become, unsafe or dangerous structurally or a fire hazard or a nuisance to the general public.
A vacant building, unguarded or open at a door or window.
Those which have been damaged by fire, wind, act of vandalism or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the Village of Hempstead.
Those which have become or are so dilapidated, decayed, unsafe, insanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, as are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein.
Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.
Those buildings or structures in which there exist violations of any provisions of any code, ordinance or law of the Village of Hempstead or any governmental agency having jurisdiction, so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the Village of Hempstead.
Those which, in whole or in part, have an existing electrical wiring system which is defective or which fails to meet ventilation requirements as prescribed by applicable provisions of law, or which have plumbing, sewage or drainage facilities that are not in conformity with applicable building and plumbing codes, or which is overcrowded.
Any dangerous building within the terms of § 51-1 is hereby declared to be a public nuisance and shall be vacated and/or repaired, secured, demolished and removed as hereinafter provided.
As used in this chapter, the following terms shall have the meanings indicated:
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 Village Assessor.
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.
Includes any alteration, structural changes or the performance of any act necessary for the elimination of any hazardous, dangerous or unsafe condition of any dangerous building within the purview of this chapter.
The Superintendent of the Building Department.
A written determination after an on-site inspection, by a designated inspector of the Village of Hempstead, in conjunction with a registered architect or licensed professional engineer, appointed by the Village Board, to be made after refusal or neglect of said person who has been served with a notice to make safe, repair or demolish and remove any dangerous building.
The Superintendent shall have jurisdiction for the purpose of demolishing, taking down or removing any dangerous building, for taking remedial action toward making any such building safe and secure or for compelling any such building to be vacated by its occupants or to otherwise enforce the provisions of this chapter.
[Amended 11-19-2002 by L.L. No. 7-2002]
Upon receipt of information that a building or structure may be dangerous, the Superintendent shall cause an investigation of the premises to be made and an inspection report submitted and filed in this office.
After the report is filed in his office, and if the report shall confirm the existence of a dangerous building as defined in § 51-1 of this chapter, the Superintendent shall cause a summons to be issued and served upon the owner or his executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the same, either personally or by mail, addressed to the last known address, if any, of the owner or his executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Village Assessor or the Nassau County Clerk.
Editor's Note: Former §§ 51-6, Contents and service of notice; 51-7, Service of notice by publication; 51-8, Compliance by person receiving notice and order; rejection of notice; 51-9, Compliance with notice and order; 51-10, Noncompliance with notice and order; notice of survey; 51-11, Survey; and 51-12, Compensation and reimbursement for survey costs and expenses; were repealed 11-19-2002 by L.L. No. 7-2002.
The following standards shall be followed in substance by the Superintendent in ordering the repairing, securing or removal of any dangerous building:
If the dangerous building may reasonably be repaired and secured so that it will no longer exist in violation of this Code, it shall be ordered repaired and secured.
If the dangerous building may not be reasonably repaired and secured, it shall be ordered demolished and removed.
Whenever the survey shall determine that the building or structure surveyed is dangerous, an application shall be made to the Supreme Court of the State of New York, on appropriate notice, for an order determining that the building or structure is dangerous and directing either that it shall be repaired and secured or that it shall be demolished and removed, and/or that the occupants be ordered to forthwith vacate the premises, and for such other relief as shall be required to bring the building or structure into compliance with the provisions of this chapter.
Upon receipt of the order of the Supreme Court, the Superintendent shall thereupon proceed to execute the provisions therein contained.
It shall be unlawful for any person to interfere, obstruct or hinder the Superintendent or his representatives or any person acting in his behalf in complying with the order of the Supreme Court.
The Village shall be reimbursed for the cost of the work performed, services rendered and materials furnished by assessment against and collection from the subject real property in the manner provided for the assessment of the cost of the same by applicable law, together with appropriate interest.
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, secured, vacated, demolished or removed, the Superintendent may, in his discretion, cause the immediate repairing, securing, vacating, demolition or removal of such dangerous building or structure. The costs of the same shall be collected in the same manner as provided in § 51-17.
Any person or persons violating any provision of this chapter shall also be subject to any penalty prescribed in the Code of the Village of Hempstead.