Whenever the Enforcement Officer determines that there are reasonable grounds to believe that there has been a violation of Article
III of this ordinance, he shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided. Such notice shall:
A. Be put in writing and include a concise statement of the reasons
for its issuance.
B. Allow a reasonable time for the performance of any act it requires.
Such reasonable time shall not be less than five days nor exceed 45
days from the date of service of such notice of violation, exclusive
of the date of service. However, depending on the nature of the underlying
condition at the premises, the Enforcement Officer may extend the
period for compliance stated in the notice of violation for an additional
period in excess of the stated time frame if, after conducting a follow-up
inspection at the expiration of the original period for compliance,
said officer determines, in his or her judgment, that the abatement,
removal, prevention, cessation or cure of the condition violated reasonably
requires an additional extension period, and where there is evidence
of intent to comply, said officer may issue another written notice
of violation, which shall then be applicable instead of the previously
issued notice.
C. State that unless the violation is abated, removed, cured, prevented
or desisted within the indicated time frame, the Town is empowered
to cause the condition to be corrected or removed and to seek the
recovery of attendant costs.
D. State that an appearance ticket may be issued for such violation.
E. Be deemed to be properly and sufficiently served if a copy thereof
is personally delivered (as if a summons) to any person, owner or
occupant occupying the premises or is sent by certified mail to the
last known address of the person or entity upon which the same is
served or a copy thereof is left at the usual place of abode or office
of said person or entity or if served with such notice by any other
method authorized or required under the laws of this state. In the
event that the premises are unoccupied or vacant, by affixing a copy
of the notice of violation to the front door of the premises, or in
such other reasonably visible location, as may be required, and a
copy shall also be served by certified mail, return receipt requested,
to the owner of record, to the owner and address shown on the current
assessment roll of the Town, and to the last known mortgagee who has
initiated the foreclosure process, if applicable. If the owner or
person in control of said premises does not reside in the County of
Nassau, said notice mailed to such owner or person in control of said
premises, addressed to his or her last known address, shall be sufficient
service thereof.
Whenever the Commissioner of the Building Department or the
Commissioner of the Department of Public Safety finds that an emergency
exists which requires immediate action to protect the public health,
safety and welfare, he may issue an order, in writing, to the owner,
agent or occupant reciting the existence of such an emergency and
requiring that such action be taken as he deems necessary to meet
the emergency. Notwithstanding the other provisions of this ordinance,
such order shall be effective immediately. Any party to whom such
order is directed shall comply therewith immediately. If such party
does not respond with sufficient promptness to meet the emergency,
then the Commissioner of the Building Department or the Commissioner
of the Department of Public Safety shall have the power to correct
the emergency, and any expense suffered by the Town of North Hempstead
shall be borne by the party.
Failure to comply with any written directive issued by the Commissioner
of the Building Department or the Commissioner of the Department of
Public Safety when such directive has been provided in accordance
with this code shall constitute a separate and distinct offense hereunder.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this article may request
and shall be granted a hearing on the matter by the Town Attorney,
or his designee, provided that such person shall, within 48 hours
after service of a notice, file in the office of the Town Attorney
a signed, written notice of appeal, requesting a hearing and setting
forth a brief statement of the reasons therefor. Upon receipt of such
notice of appeal, the Town Attorney, or his designee, shall forthwith
set a time and place for such hearing and shall give the person appealing
notice thereof. The hearing shall be commenced not later than 14 days
after the request is made, provided that for good cause the Town Attorney,
or his designee, may postpone such hearing for a reasonable time.
The Town Attorney shall determine such appeals as promptly as practicable.
If, after the hearing, the Town Attorney finds that no violation exists
or that such unusual, extraordinary or undue hardship shall occur
as a result of strict adherence to the notice of violation, he shall
direct the Enforcement Officer to withdraw the notice. If he finds
that a violation does exist, he shall affirm the contents of such
notice of violation and order compliance therewith.
The imposition of any penalty for any offense or offenses committed against this chapter of the Town Code pursuant to §
28-40 of the same shall be in addition to the performance of any work necessary to remedy property maintenance violations identified in this section and recovering the cost thereof, and/or the Town seeking any other remedy provided by law, including any civil and/or injunction proceeding necessary to enforce and/or enjoin noncompliance with this article.
Wherever notice is required to be given under a provision of this code, service of such notice of violation or written directive (excluding §
28-36) shall be deemed complete upon personal delivery or three days in Nassau County or its adjoining counties, or five days for other locations after service by certified mail or first-class mail, as may be required. The failure of any intended recipient to receive such notice or written directive shall not affect in any manner the validity of any proceedings taken hereunder, provided that same was properly addressed to the last known address of the intended recipient.