Town of North Hempstead, NY Title; Purpose; Definitions; Scope; Application of Provisions

Unless otherwise expressly stated, the following terms shall, for the purpose of this code, have the meanings indicated in this section. Words used in the present tense include the future; words used in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular. Where terms are not defined in this code, then the words as defined in § 70-231 shall prevail; and if the term is not defined in either, then the word as defined in the most current edition of Webster's Dictionary shall prevail.

For the purpose of this ordinance, the terms used herein are defined as follows:

ACCESSORY BUILDING OR USE

A subordinate building or use customarily incidental to and located on the same lot occupied by the main building or use.

ALTERATION

As applied to a building or structure, the change or rearrangement of the structural parts; or any enlargement, whether by extending on any side or by increasing in height; or the moving from one location to another. It does not include ordinary repairs to buildings or structures.

APARTMENT or SUITE

A room or suite of two or more rooms occupied or intended to be occupied as the home or residence of an individual, family or household.

APPROVED

Approved by the Commissioner of the Building Department of the Town of North Hempstead.

APPROVED MATERIAL AND CONSTRUCTION

The means and material approved by the Commissioner of the Building Department of the Town of North Hempstead.

BASEMENT

That space of a building that is partly below grade which has more than half of its height, measured from floor to ceiling, above the average established finished grade of the ground adjoining the building.

BATHROOM

Enclosed space containing a minimum of one water closet, one lavatory and either one bathtub or shower. It may also contain additional plumbing fixtures serving similar purposes.

BUILDING

A combination of materials other than a structure to form a construction that is safe and stable and adapted to permanent or continuous occupancy for public, institutional, residence, business or storage purposes; the term "building" shall be construed as if followed by the words "or part thereof."

BUILDING OFFICIAL

The Commissioner of the Department of Building, Safety Inspection and Enforcement, or his duly authorized representative, charged with the administration and enforcement of this chapter.

BUSINESS UNIT

A building or combination of buildings used wholly or in part for commercial purposes, including but not limited to shopping centers, supermarkets, retail stores, discount houses, warehouses, manufacturing or fabrication plants, gasoline service stations, public garages, motor vehicle repair shops or other business uses.

CELLAR

That space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average established finished grade of the ground adjoining the building.

COMMISSIONER OF THE BUILDING DEPARTMENT

The official, duly appointed by the Town Board, who is the Commissioner of the Department of Building, Safety Inspection and Enforcement of the Town of North Hempstead.

COMMISSIONER OF THE DEPARTMENT OF PUBLIC SAFETY

The official, duly appointed by the Town Board, who is the Commissioner of the Department of Public Safety of the Town of North Hempstead.

CONDEMN

A designation by the Building Official that a structure is unsafe, unfit, unsanitary or unlawful as provided for in this code.

CONSTRUCTION EQUIPMENT

Any heavy-duty vehicle or machinery, or parts thereof, including but not limited to trucks, tractor-trailers, asphaltic concrete rollers, backhoes, trenchers, tractors, bulldozers, excavators, loaders, dump trucks and similar equipment, which are used or designed to be used for executing construction tasks.

[Added 7-12-2011 by L.L. No. 11-2011]

CONSTRUCTION FENCE

A temporary protective barrier erected around the perimeter of a construction site, or portion thereof, to secure the premises.

[Added 7-12-2011 by L.L. No. 11-2011]

CONSTRUCTION MATERIAL

Any material, including industrial or commercial material, used for the purpose of the erection, alteration, repair, reconstruction, conversion, demolition, moving or equipping of any building or structure or the excavation, filling, grading or regulation of a lot in connection therewith.

[Added 7-12-2011 by L.L. No. 11-2011]

CONSTRUCTION SITE

A lot, or portion thereof, on which the erection, alteration, repair, reconstruction, conversion, demolition, moving or equipping of any building or structure or the excavation, filling or grading of a lot in connection therewith is taking place, has taken place or will take place, and for which a building permit is required under the Town Code.

[Added 7-12-2011 by L.L. No. 11-2011]

CONSTRUCTION TRAILER

Any temporary, transportable container, storage unit, shed-like container or other portable structure that is designed, used or can be used for the storage of construction or demolition tools, supplies or materials to be used in connection with construction or demolition activities upon a construction site.

[Added 7-12-2011 by L.L. No. 11-2011]

CONTAINER

Any portable device in which material is stored, transported, treated, disposed of or otherwise handled.

[Added 7-12-2011 by L.L. No. 11-2011]

COURT

A required open and unoccupied space on the same lot and enclosed on at least three sides by walls of a building.

DEBRIS

Any accumulation of broken or detached matter, including, but not limited to, pieces of stone, brick, cement, plaster, lumber, pipe, wallboard and shingles.

[Added 7-12-2011 by L.L. No. 11-2011]

DEPARTMENT

The Department of Building, Safety Inspection and Enforcement of the Town of North Hempstead.

DETERIORATION

The condition of a building or structure, or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence or physical decay or neglect, lack of maintenance or excessive use.

DUMPSTER CONTAINER

A container or receptacle used for the purpose of temporarily holding debris, solid waste or other materials and which generally ranges in size from 1/2 cubic yard to 40 cubic yards.

[Added 7-12-2011 by L.L. No. 11-2011]

DWELLING

Any building which is wholly or partly used or arranged, designed or intended to be occupied or used for living or sleeping by one or more human occupants.

DWELLING, ONE-FAMILY

A residential structure consisting of one dwelling unit occupied by one family and having not more than one kitchen, one mailbox, one electric meter, one gas meter, one cable television line and having an interior layout which provides free and open access to all common living areas, hallways, bathrooms and exterior entrances.

DWELLING, TWO-FAMILY

A residential structure consisting of two dwelling units, each occupied by one family, and each having not more than one kitchen, one mailbox, one electric meter, one gas meter, one cable television line and having an interior layout which provides free and open access to all common living areas, hallways, bathrooms and exterior entrances.

DWELLING UNIT

A living unit containing one or more habitable rooms with provisions for living, cooking, eating, sanitary and sleeping facilities arranged for the use of one family.

ENFORCEMENT OFFICER

All building officials, code enforcement officers, inspectors or other employees of the Town of North Hempstead authorized to enforce this code.

EXIT

A way of departure from the interior of a building or structure to the exterior at street or grade, including doorways, passageways, hallways, corridors, stairways, ramps, fire escapes and all other elements necessary for egress or escape.

EXPOSED TO PUBLIC VIEW

Any premises, or any part thereof, of any building or structure, or any part thereof, which may be lawfully viewed by the public or any member thereof.

FAMILY

One individual or a collective group of individuals either:

(1)

Related to each other by blood, marriage or adoption who live together in the same dwelling unit, cook together and function as a single, stable housekeeping unit with common access to all rooms and facilities; or

(2)

Not related by blood, marriage or adoption but who together constitute the functional equivalent of a natural family, all living together in the same dwelling unit, cooking together and generally functioning as a single, stable housekeeping unit, all with common access to all rooms and facilities, with no member or members of such group subletting, subleasing or otherwise controlling any part of the dwelling separately from the others.

GARBAGE

All putrescible animal or vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

GRAFFITI

Defacement by etching, marring, carving or staining or marking by paint or other material.

HABITABLE FLOOR AREA

Rooms occupied by one or more persons for living, eating and/or sleeping, but does not include attached or built-in garages, open porches or terraces or rooms below grade. On the first floor, it shall be construed to mean all finished floor area having a clear headroom of 7 1/2 feet or over, including stairwells; on the second floor, all finished or unfinished floor area having a clear headroom of 7 1/2 feet or over for a minimum horizontal measurement of six feet, with sidewalls not less than 5 1/2 feet in height.

HABITABLE ROOM or HABITABLE SPACE

A room or space used or intended to be used for living, sleeping, cooking or eating purposes; the term "habitable room" or "habitable space" shall not include rooms or spaces constituting kitchenettes, bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, cellars, closets, utility rooms, heating rooms, boiler rooms or storage spaces and similar spaces that are not used frequently or for extended periods.

HARBORAGE

Any condition, man-made or natural, which affords a breeding place or hiding place for rodents, insects or other pests.

HAZARDOUS CONDITION OR PLACE

Any situation involving the actual, imminent or probable overflow, collapse or cascading of industrial or commercial material because of quantity, height, size or location of the material.

INDUSTRIAL OR COMMERCIAL MATERIAL

Any junk, metal, rubber, bricks, stone, concrete, concrete blocks, pavement, paving, plaster, lumber or any other kind of building material, automobiles, automobile bodies, automobile chassis or parts or portions thereof, tanks, barrels, containers, machines, machinery, engines, utensils or appliances, any of which or any parts whereof are entirely or in part made of metal, or any granular material such as sand, gravel, crushed stone, construction and demolition debris or any other granular material.

INFESTATION

The presence of insects, rodents, vermin or other pests on the premises which constitute a health hazard either to the occupants of the premises and/or to surrounding properties and/or residents.

INITIATED THE FORECLOSURE PROCESS

The commencement of a foreclosure action on a property by filing a notice of pendency in the Nassau County Clerk's office, whether directly or through an agent, servicing company or predecessor in interest.

JUNKED VEHICLE

Any motor vehicle, including a trailer, which is without a currently valid license plate or plates and/or is in either a rusted, wrecked, discarded, dismantled, partly dismantled, inoperative or abandoned condition so as to be no longer intended, or in a condition for, legal use on the public highways.

KITCHEN

A space 70 square feet or more in floor area used for cooking or preparation of food.

KITCHENETTE

A space less than 70 square feet in floor area used for cooking or preparation of food.

LITTER

Garbage, refuse and rubbish, as defined herein, and all other matter or waste material which, if thrown, dumped, placed, left, maintained or deposited as herein prohibited, may tend to create a danger to the public health, safety or general welfare.

[Added 7-12-2011 by L.L. No. 11-2011]

LOT

Also means "plot," "tract," "premises" or "parcel of land," with or without buildings or structures located thereon, as surveyed and apportioned for sale or other purpose.

MIXED OCCUPANCY

Occupancy of a building in part for residential use and in part for some other use not accessory thereto.

MORTGAGEE

The person, firm or corporation that is a creditor, including but not limited to service companies, lenders in a mortgage agreement and any agent, servant or employee of the mortgagee, or any successor in interest and/or assignee of the mortgagee's rights, interests or obligations under the mortgage agreement.

MOTOR VEHICLE

Every vehicle originally designed or intended to be operated, drawn or driven, or capable of being operated, drawn or driven, upon a public highway by any power other than muscular power. For the purposes of this chapter, the term "motor vehicle" shall include, but shall not be limited to, automobiles, trucks, buses, motorcycles and trailers.

MULTIPLE DWELLING

A dwelling which is designed or intended to be occupied, or is occupied, as a temporary or permanent residence or home of three or more families living independently of each other.

NONHABITABLE ROOM

Rooms within a dwelling such as bathrooms, water-closet compartments, laundries, serving and storage pantries, corridors, cellars and similar spaces that are not used frequently or during extended periods.

NONHABITABLE SPACE

Space used as kitchenettes, pantries, bath, toilet, laundry, dressing, locker, storage, utility, heater and boiler rooms, cellars, closets and other spaces for service and maintenance of the building and those spaces used for access and vertical travel between stories.

NUISANCE

(1)

Any public nuisance known at common law or in equity jurisprudence or as provided by the statutes of the State of New York or this ordinance.

(2)

Any nuisance which may prove detrimental to the health or safety of children, whether in a building, on the premises of a building or upon an unoccupied lot. This includes but is not limited to abandoned walls, shafts, basements, excavations, abandoned iceboxes, refrigerators, motor vehicles, any structurally unsound fences or structures, and lumber, trash, fences, debris or vegetation, such as poison ivy, oak or sumac, which may prove a hazard for inquisitive minors.

(3)

Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist.

(4)

Overcrowding of a room with occupants in violation of this code.

(5)

Insufficient ventilation or illumination in violation of this code.

(6)

Inadequate or insanitary sewerage or plumbing facilities in violation of this code.

(7)

Insanitary conditions or anything offensive to the senses or dangerous to health in violation of this code.

(8)

Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.

(9)

Fire hazards.

(10)

Walks, roadways, parking lots and similar areas open to the public which present hazardous conditions by reason of poor maintenance.

OCCUPANT

Any person or persons, including the owner in actual possession of and using an entire building or an occupancy unit in a building.

OPERATOR

Any person who has charge, care or control of a dwelling or premises, or any part thereof, with or without the knowledge and/or consent of the owner.

OWNER

Any person or entity who, alone or jointly or severally with others, has legal or equitable title in any form to any premises, with or without actual possession thereof, or who shall have charge, care or control of any dwelling or premises as owner or agent of the owner, including but not limited to a fiduciary, executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession.

PERSON

Shall include the owner, occupant, mortgagee or vendee in possession, the mortgagee who has initiated the foreclosure process, the operator, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of a dwelling or part thereof.

PLUMBING SYSTEM

Water supply system, the drainage system, the vent system, fixtures and traps, including their respective connections, devices and appurtenances within the property lines of the premises.

PORTABLE TOILETS

One or more commercially manufactured or assembled toilet facilities that are portable and are not designed or intended for connection to a sewer system with a standard connection. Portable toilets shall include, but not be limited to, water flush toilets or chemical toilets that have a watertight, impervious pail or tank containing a chemical solution placed immediately beneath the seat or urinal and a pipe or conduit connecting the riser with the tank.

[Added 7-12-2011 by L.L. No. 11-2011]

POTABLE WATER

Water which is approved for drinking, culinary and domestic purposes.

PREMISES

See "lot."

PRIVATE DWELLING

A one- or two-family dwelling occupied exclusively for residence purposes by one or two families, respectively, as defined hereinabove.

PUBLIC SPACE

Space within a residential building for public use, such as lobbies and lounges; reception, ball, meeting, lecture and recreation rooms; banquet and dining rooms and their kitchens; and swimming pools.

REFUSE

All putrescible and nonputrescible solid waste, including but not limited to abandoned vehicles and recreational equipment and parts thereof, abandoned machinery and parts thereof, household furnishings, dead animals, debris, junk, appliances, rubbish, scrap lumber, stumps, tires, trash, grass, yard clippings, ashes, street cleanings, cardboard, plastic, metal or glass food containers, wastepaper, rags, sweepings, small pieces of wood, excelsior, rubber, leather and similar waste material that ordinarily accumulates around a home, business or industry.

RUBBISH

Includes all combustible and noncombustible waste material, except garbage.

SEWAGE

Liquid waste containing animal or vegetable matter in suspension or solution and which may include industrial wastes and liquids containing chemicals.

STRUCTURE

A combination of materials other than a building to form a construction that is safe and stable and includes, among other things, stadiums, gospel and circus tents, reviewing stands, platforms, stagings, observation towers, radio towers, sheds, storage bins, retaining walls, fences and display signs; the term "structure" shall be construed as if followed by the words "or part thereof."

UNOCCUPIED HAZARD

Any building, or part thereof, situated within one or more residential zoning districts or within 1,000 feet of any residential zoning district, which remains unoccupied for a period of more than one year, with either doors, windows or other openings broken, removed, boarded or sealed up; or any building under construction upon which little or no construction work has been performed for a period of more than one year.

VENTILATION

Supply and removal of air to and from a space by natural or mechanical means.

WEATHERING

Deterioration, decay or damage caused by exposure to the elements.

WEEDS

All grasses, annual plants and vegetation other than trees or shrubs; provided, however, that this term shall not include cultivated flowers and gardens.

WORKMANLIKE

Executed in a skilled manner, e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.

YARD

An open space on the same lot which contains a building and located between the building line and the lot line which the particular building line faces.