[HISTORY: Adopted by the North Hempstead Town Board 1-6-1959. Amendments
noted where applicable.]
This ordinance shall be known as the "Hazardous Excavations Ordinance
of the Town of North Hempstead."
The Manager of the Building Department is hereby given, upon the direction of the Town Board, the right and power to fill in such excavated lands or properties in the town as may be determined by the Town Board, after a hearing held as provided in § 17-4 hereof, to constitute a hazard to the public safety, if the owner of record thereof shall not fill or cause the same to be filled after notice to fill the same given as provided in §§ 17-6 and 17-7 hereof.[1]
Such lands shall be filled with such materials, at such times and by
such methods as the Manager of the Building Department shall determine to
be in the best interests of the public safety, health and welfare.
The Town Board may, upon its own motion or the complaint of any resident
of the town call a public hearing to determine whether any excavated land
or property in the town, outside the boundaries of any city or incorporated
village, constitutes a hazard to public safety, upon not less than five (5)
nor more than ten (10) days' notice, mailed to the record owner of such land
or property at his last known address and published at least once prior to
such hearing in a newspaper published in the town, stating the purpose of
the hearing, describing in general terms the land or property which shall
be the subject of the hearing and stating that all persons interested in the
subject matter thereof shall be given an opportunity to be heard.
The Town Board shall not be required to entertain any complaint that
any excavated land or property is a hazard to public safety, unless the complaint
is in writing, signed by the complainant, describes the land or property,
either by courses and distances or by reference to the Nassau County Land
and Tax Map, states the respects in which such land or property is a hazard
to the public safety and states the complainant's residence post office address.
If the Town Board, after a public hearing pursuant to § 17-4 hereof, shall determine that the land or property which was the subject of such hearing constitutes a hazard to public safety, it may notify the owner thereof to fill the same according to such specifications and directions as the Manager of the Building Department may adopt in the interests of the public safety, health and welfare and within such time as the Town Board may determine to be reasonable, depending upon the size, location and nature of the excavation and the availability of suitable fill and if said land or property is not filled according to such specifications and directions and within such time, may direct the Manager of the Building Department to fill such land or property or cause the same to be filled in accordance with § 17-2 hereof.
[Amended 9-26-1978 by L.L.
No. 3, 1978]
The notice provided in § 17-6 hereof shall be mailed to the owner of record of such lands and property at the address shown on the last preceding assessment roll by registered or certified mail at least thirty (30) days prior to the date on which such owner is required to commence the filling of such lands or property, shall describe the property by courses and distances or by reference to the Nassau County Land and Tax Map and shall state that if the filling of such land or property in accordance with the provisions of this ordinance shall not be completed on or before the date determined by the Town Board for such completion, the Manager of the Building Department shall fill the same and the cost thereof shall be assessed against such lands and property as provided in § 17-8 hereof.
The cost of filling by the Manager of the Building Department of excavated
lands and properties pursuant to this ordinance shall be assessed by the Manager
of the Building Department in accordance with the provisions of the Highway
Law, § 157.
The foregoing ordinance shall take effect pursuant to law.
