§ 2A-2. Definitions.

A. 

Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, 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 section, 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.

B. 

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

ABANDONED BUILDING OR STRUCTURE

(1) 

Any vacant building which, by reason of lack of maintenance or by reason of the boarding up of its doors and windows, or other reasons, has a substantial adverse effect on the value of the property in the immediate neighborhood or promotes a degradation of the surrounding community, affecting the public health, safety and welfare;

(2) 

Any vacant building or structure which is frequented by persons who are not lawful occupants of such building or structure;

(3) 

A building or structure, the principal use of which has been abandoned and is inconsistent with its intended use;

(4) 

A building or structure that is left vacant and unsecured for a period in excess of 72 hours;

(5) 

A building or structure which for a period of time over 30 days has been without evidence of functioning water, electric and/or gas utilities;

(6) 

A building or structure which has been boarded up, partially destroyed or partially constructed or incomplete after the building permit authorizing its construction has expired; or

(7) 

A building that has been in tax arrearage for at least one installment period.

BUILDING DEPARTMENT

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

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.

BUILDING or STRUCTURE

Includes anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including but not limited to buildings of all types and use groups, advertising signs, swimming pools, detached garages or accessory structures.

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.

COMPLIANCE PLAN

A written plan and timeline for bringing an unsafe building or structure into compliance with all provisions of the Code of the Town of North Hempstead.

CONSENT ORDER

An order issued by a regulatory agency for the remediation or monitoring of hazardous waste contaminating either the soils on or the groundwater beneath a lot or parcel.

HAZARDOUS WASTE

Any hazardous waste as said term is defined in Part 371 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York.

OWNER OF RECORD

The person having a recorded title to the property at any given point in time the record is obtained from the Nassau County Clerk's office.

PLAN

A plan for the remediation or monitoring of hazardous waste contaminating either the soils on or the groundwater beneath a lot or parcel, which has been approved by a regulatory agency as part of a consent order.

REGULATORY AGENCY

The United States Environmental Protection Agency, the New York State Department of Environmental Conservation, the Nassau County Department of Health, or any other federal, state, or local agency, board, department, or other entity overseeing compliance with the consent order and implementation of a plan.

UNSAFE BUILDING OR STRUCTURE

(1) 

An Abandoned Building or Structure, as defined herein;

(2) 

Any building or structure which because of its construction or condition is structurally unsound, unsanitary or not provided with adequate ingress and egress;

(3) 

Any building or structure which constitutes a fire hazard or which has become unsafe by reason of damage by fire, the elements, age or general deterioration;

(4) 

Any building or structure which, in relation to an existing use, constitutes a hazard to public health, safety or welfare by reason of inadequate maintenance, dilapidation, obsolescence or abandonment, or which is otherwise dangerous to human life;

(5) 

Any building or structure which may cause or aid in the spread of disease or which may become a harborage for rodents or other animals, or which may cause injury to the occupants thereof or of a neighboring building or structure;

(6) 

Any vacant building which has had its doors or windows boarded up for emergency reasons for a period in excess of eight weeks; or

(7) 

Any building or structure which has broken or severely damaged windows, doors, walls, floors or roofs which create hazardous conditions.

UNSAFE PROPERTY

Any lot or parcel which is subject to a consent order or plan whose terms and conditions, in the opinion of a regulatory agency, have been violated as said order or plan applies to remediation or monitoring of said lot or parcel.