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.
A. 
Whenever the Enforcement Officer determines that a person, owner or occupant has failed, neglected or refused to comply with a notice of violation issued under this code within the stated time frame set forth therein, or deems a violation to be a significant public nuisance and has taken reasonable steps to secure its remediation, the Enforcement Officer shall make an inspection of the property and shall prepare a written report of the conditions found, which report shall be filed with the Commissioner of the Building Department or the Commissioner of the Department of Public Safety.
B. 
The Commissioner of the Building Department or the Commissioner of the Department of Public Safety shall serve or cause to be served a written directive, by personal service or certified mail, return receipt requested, upon the owner of record, the owner and address shown on the current assessment roll of the Town, and the last known mortgagee who has initiated the foreclosure process, if applicable, and any person, occupant or agent who was the recipient of the original notice of violation, if different, or by any other method authorized or required under the laws of this state for service of process. Such written directive shall contain the following:
(1) 
The name of the person who is the record owner of the property.
(2) 
The address and tax identification number of the property.
(3) 
The violation or violations which have occurred or are occurring on the property.
(4) 
A description of the condition of the property as last observed by the Enforcement Officer.
(5) 
An order to remedy or remove such violation within five days after service of such written directive and a warning that if said person fails to remove such violations within the stated time period, the Town will authorize the removal of such violations and seek the recovery of attendant costs.
(6) 
That a hearing will be conducted upon written request to the Town Attorney which must be received by the Town Attorney within 48 hours after service of the written directive.
C. 
Upon the failure, neglect or refusal of any person, owner, occupant or agent so notified to properly comply with this code within five days after service of the written directive, the Building Commissioner or the Commissioner of the Department of Public Safety is hereby authorized and empowered to notify the Superintendent of Highways, or an agent of the Town, to correct any violation of this code.
D. 
In a case where the Town or the Town's agent has corrected any violation of this code in response to any person, owner or occupant's failure to comply, that person, owner or occupant shall pay to the Town the costs of any such property maintenance work so performed within 14 days of service of a demand for payment issued by the Town Attorney's office.
E. 
Upon the failure of a person, owner or occupant to pay the above costs, the Town Superintendent of Highways shall certify the costs of any such maintenance compliance work and provide same to the Town Attorney. Such costs and expenses shall be assessed against and recovered from the real property subject to action pursuant to this chapter, as designated by a resolution of the Town Board, and the expenses so assessed shall constitute a lien and charge on the real property on which they are levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges. The provisions of this section with respect to costs shall be in addition to any penalty imposed for violation of or noncompliance with any provision of this code.
F. 
The person, owner or occupant shall have an opportunity to contest the compliance costs and demand for payment issued by the Town Attorney's office upon written request made to the Town Attorney within 10 days of service of the demand for payment being issued by the Town.
G. 
The provisions of § 28-35 notwithstanding, it shall not be necessary for the Enforcement Officer to issue a notice of violation directing the correction of a condition in the instance of a second or any subsequent offense within a twelve-month period, and in the case of a second or subsequent offense, the person in violation may immediately be served with an appearance ticket, and the procedures for administration and enforcement set forth in Subsections B through F may be implemented forthwith.
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.