Town of North Hempstead, NY Article XXVI Enforcement and Interpretation

§ 70-232 Enforcing officers.

[Amended 11-16-2010 by L.L. No. 15-2010]

It shall be the duty of the Building Official and the Code Enforcement Officer, and they are hereby given the power and authority, to enforce the provisions of this ordinance.

§ 70-233 Interpretation; purpose; conflict with other provisions.

In interpreting and applying the provisions of this ordinance, such provisions shall be held to be the minimum requirements for the promotion of the health, safety, morals and/or the general welfare of the Town. It is not intended by this ordinance to interfere with or abrogate or annul any Town Building Code, or any rules or regulations adopted and/or issued thereunder or the rules and regulations of the Department of Health of the County of Nassau; provided, however, that where this ordinance imposes a greater restriction upon the use of a building or premises or upon the height of a building or requires larger open spaces than are imposed or required by such code, rules and regulations, the provisions of this ordinance shall control.

§ 70-234 Remedies.

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any hedge, tree, shrub or other growth is maintained or any building, structure or land is used in violation of this ordinance or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.

§ 70-235 Penalties for offenses; additional fees for certain nonconforming structures.

[Amended 11-19-1974 by L.L. No. 11-1974; 8-18-1987 by L.L. No. 13-1987; 5-25-1993 by L.L. No. 5-1993; 8-27-1996 by L.L. No. 21-1996; 12-16-1997 by L.L. No. 24-1997]

For any and every violation of the provisions of this chapter, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, and the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who knowingly commits, takes part in, allows or assists in any such violation or who maintains any part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a violation against this chapter and shall be punished as follows:

A. For a violation of § 70-212 or 70-213, by a fine of not less than $50 nor more than $250 for conviction of a first offense; by a fine of not less than $250 nor more than $500 for conviction of the second of two offenses, both of which were committed within a period of five years; and by a fine of not less than $500 nor more than $1,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a third or subsequent offense of a series of offenses, all of which were committed within a period of five years. Each week's continued violation shall constitute a separate and distinct violation.

B. For a violation of §§ 70-3.2, 70-3.3, 70-5, 70-5.1, 70-14, 70-15, 70-24, 70-25, 70-34, 70-35, 70-44, 70-45, 70-47, 70-54, 70-55, 70-57, 70-66, 70-67 or 70-69, by a fine of not less than $1,000 nor more than $2,500 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; by a fine of not less than $2,500 nor more than $5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of two offenses, both of which were committed within a period of five years; and by a fine of not less than $5,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a third or subsequent offense of a series of offenses, of which were committed within a period of five years. Each week's continued violation shall constitute a separate and distinct violation.

C. For a violation of § 70-229, by a fine of not less than $250 nor more than $1,500 or by imprisonment for a period not to exceed 15 days, or by both, for conviction of a first offense; by a fine of not less than $1,500 nor more than $5,000 or by imprisonment for a period not to exceed 15 days, or by both, for conviction of the second of two offenses, both of which were committed within a period of five years; and by a fine of not less than $5,000 nor more than $10,000 or by imprisonment or a period not to exceed 15 days, or by both, for conviction of the third or subsequent offense of a series of offenses, all of which were committed within a period of five years. Each week's continued violation shall constitute a separate and distinct violation.

D. For a violation of § 70-222 of this chapter or any rule or regulation made pursuant thereto shall be guilty of a misdemeanor punishable by a fine of up to $1,000, or by imprisonment of up to one year, or by both fine and imprisonment as hereinbefore set forth in this Subsection D. Each week's continued violation shall constitute a separate and distinct violation of said section or any rule or regulation made pursuant thereto.

[Added 5-15-2003 by L.L. No. 5-2003[1]]

[1] Editor's Note: This local law also redesignated former Subsection D as Subsection E.

E. For a violation of §§ 70-202.2 and 70-202.3 of this chapter or any rule or regulation made pursuant thereto shall be guilty of a misdemeanor punishable by a fine of up to $1,000, or by imprisonment of up to one year, or by both fine and imprisonment as hereinbefore set forth in this Subsection E. Each week's continued violation shall constitute a separate and distinct violation of said section or any rule or regulation made pursuant thereto.

[Added 4-12-2005 by L.L. No. 2-2005[2]]

[2] Editor's Note: This local law also redesignated former Subsection E as Subsection F.

F. For a violation of §§ 70-173, 70-186, 70-187, 70-188, by a fine of not less than $2,500 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or by both, for conviction of a first offense; by a fine of not less than $10,000 nor more than $20,000 or by imprisonment for a period not to exceed 15 days, or by both, for conviction of the second of two offenses, both of which were committed within a period of five years; and by a fine of not less than $20,000 nor more than $30,000 or by imprisonment or a period not to exceed 15 days, or by both, for conviction of the third or subsequent offense of a series of offenses, all of which were committed within a period of five years. Each week's continued violation shall constitute a separate and distinct violation.

[Added 9-24-2020 by L.L. No. 10-2020[3]]

[3] Editor's Note: This local law also redesignated former Subsections F and G as Subsections G and H, respectively.

G. For a violation of § 70-197P, by a fine of not less than $250 nor more than $1,500 or by imprisonment for a period not to exceed 15 days, or by both, for conviction of a first offense; by a fine of not less than $1,500 nor more than $5,000 or by imprisonment for a period not to exceed 15 days, or by both, for conviction of the second of two offenses, both of which were committed within a period of five years; and by a fine of not less than $5,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or by both, for conviction of the third or subsequent offense of a series of offenses, all of which were committed within a period of five years. Each week's continued violation shall constitute a separate and distinct violation.

[Added 5-20-2021 by L.L. No. 12-2021[4]]

[4] Editor's Note: This local law also redesignated former Subsections G and H as Subsections K and L, respectively.

H. For a violation of § 70-236 of this chapter, shall be guilty of an unclassified misdemeanor punishable as follows: by a fine of not less than $500 nor more than $2,500 or by imprisonment of not more than one year, or by both, for conviction of a first offense; by a fine of not less than $2,500 nor more than $10,000 or by imprisonment of not more than one year, or by both, for conviction of the second of two offenses, both of which were committed within a period of five years; and by a fine of not less than $10,000 nor more than $15 000 or by imprisonment of not more than one year, or by both, for conviction of the third or subsequent offense of a series of offenses, all of which were committed within a period of five years. Each week's continued violation shall constitute a separate and distinct violation.

[Added 5-20-2021 by L.L. No. 12-2021]

I. (Reserved)

J. (Reserved)

K. For all other violations of this chapter, by a fine not exceeding $1,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; by a fine of not less than $1,000 nor more than $2,500 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of two offenses, both of which were committed within a period of five years; and by a fine of not less than $2,500 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a third or subsequent offense of a series of offenses, all of which were committed within a period of five years. Each week's continued violation shall constitute a separate and distinct violation.

L. Applications submitted prior to December 31, 2006.

[Added 2-13-2008 by L.L. No. 3-2008; amended 3-8-2011 by L.L. No. 6-2011]

(1) All building permit applications submitted on or after January 1, 2000, through and including December 31, 2006, which have received approval or authorization by Building Department personnel, but are now deemed by the Building Department to be outside the scope of the Zoning Code, shall be hereby authorized for approval under the following circumstances and with the following conditions:

(a) Square footage, setback, sky plane and height.

[1] A structure not greater than 10% beyond the allowed square footage under the Zoning Code shall be deemed authorized on the condition that the applicant pay additional permit fees as set forth in the following schedule: $170 per square foot, up to 6% beyond that allowed under the Zoning Code, plus an additional $85 per square foot for each square foot greater than 6% and up to 10% of that allowed under the Zoning Code.

[2] Setback: A structure that is 10% or less beyond the allowed setback under the Zoning Code shall be deemed authorized on the condition that the applicant pay an additional permit fee of $1,500 per inch beyond the setback authorized under the Zoning Code.

[3] Sky plane:

[a] A structure that is four feet or less beyond the allowed sky plane under the Zoning Code shall be deemed authorized on the condition that the applicant pay an additional permit fee of $10,000 per foot beyond the sky plane authorized under the Zoning Code.

[b] A structure that is not greater than seven feet beyond the allowed sky plane under the Zoning Code and contains no height violation shall be deemed authorized on the condition that the applicant pay additional permit fees as set forth in the following schedule: $10,000 per foot, up to six feet beyond the sky plane authorized under the Zoning Code, plus an additional $5,000 per foot, or $425 for each inch greater than six feet, but not exceeding seven feet beyond the sky plane authorized under the Zoning Code.

[4] Height: A structure that is not greater than 24 inches beyond the allowed height under the Zoning Code shall be deemed authorized on the condition that the applicant pay additional permit fees as set forth in the following schedule: $5,000 per inch, up to 12 inches beyond the height authorized under the Zoning Code, plus an additional $2,500 per inch for each inch greater than 12 inches and up to 24 inches beyond the height authorized under the Zoning Code.

(b) All measurement calculations are to be set by the Building Department and shall be rounded upward for purposes of permit fee costs.

(c) The Commissioner of the Building Department or his designee is hereby authorized to serve or cause to be served a written notification by regular mail and certified mail, return receipt requested, to the last known residential owner(s) of all known properties where building permit applications were submitted on or after January 1, 2000, through and including December 31, 2006, and which were issued certificates of occupancy by Building Department personnel, but are now deemed by the Building Department to violate the Zoning Code. Such written notification shall advise said owner(s) of the provisions of § 70-235H and shall advise of a date and time to be heard and afford an opportunity to reconcile the status of any nonconforming dwelling by satisfying the conditions and criteria required therein. Nothing stated herein shall preclude the owner of any premises that meets the foregoing description from submitting, without prior notification from the Town, an application to the Building Department pursuant to this article.

(d) The Building Commissioner shall have the authority, after notice and an opportunity to be heard, to revoke any certificates of occupancy erroneously issued in connection with building permit applications submitted on or after January 1, 2000, through and including December 31, 2006, for properties now deemed by the Building Department to violate the Zoning Code. The Building Commissioner shall provide written notification to the owner prior to said revocation. Contemporaneously upon revocation, the Building Commissioner shall issue a restricted/limited certificate of occupancy that is annotated in such a manner as to provide any prospective purchaser with sufficient notice of the nonconforming zoning issues related to the subject property.

(2) Property owners with building permit applications submitted prior to January 1, 2000, and subsequent to December 31, 2006, but are otherwise in conformance with the above-mentioned criteria, may apply to the Town Board to receive certification approval by requesting that the matter be heard by resolution before the Town Board. Such requests must be in writing and submitted to the Town’s Building Commissioner. Matters that are presented to the Town Board pursuant to a resolution are subject to any conditions and/or additional fees set by the Town Board.

§ 70-236 Destruction of devices within public highways.

[Amended 5-20-2021 by L.L. No. 12-2021]

No person, corporation, association or other entity shall willfully or maliciously displace, remove, destroy or injure a mileboard, milestone, danger sign or signal or guide sign, guidepost or street sign, or any other sign, or any inscription thereon, lawfully within the limits of any public highway, or in any manner paint, print, place, put or affix or cause to be painted, printed, placed or affixed any business, commercial or other advertisement or sign upon or to any rock, stone, tree, fence, stump, pole, mileboard, milestone, danger sign, danger signal, guide sign, guidepost, street sign, or any other sign, building, structure or other object lawfully within the limits of any public highway. Any person, corporation, association or other entity who willfully or maliciously violates the provisions of this section shall be guilty of a misdemeanor and be punishable in accordance with the penalties set forth in § 70-235H.