[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.]
GENERAL REFERENCES
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.
[1]
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:
A.
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.
B.
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.
C.
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]
D.
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.
E.
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.
F.
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.
G.
A vacant building, unguarded or open at a door or window.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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]
A.
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.
B.
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.
[1]
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:
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.
