[Effective 11-12-1990]

The Town Board of the Town of Hempstead has found that a building which is damaged substantially by fire or other causes constitutes a visual blight which, if not promptly and properly repaired, will detract from the value of surrounding properties and create an unpleasant appearance in the neighborhood. It is the intent of this article to ensure that the owner of a building substantially damaged by fire or other causes shall not simply secure the building by boarding it up in a haphazard fashion, but shall restore the building to an undamaged and aesthetically pleasing condition in a good faith and timely manner.

Any building within the unincorporated areas of the Town of Hempstead which has been damaged by fire or other causes to an extent equal to or greater than 5% of its total building area shall be subject to damage repair review in accordance with the provisions of this article.

There hereby is constituted and established in the Town of Hempstead a Damage Repair Review Board which shall be comprised of the Commissioners of Buildings, Engineering and Planning and Economic Development, and which shall possess such authority and perform such duties as are provided by this article.

A. The owner of a building which is subject to damage repair review shall:

(1) File a building permit application which seeks authorization to conduct such repairs or renovations necessary to restore the building to an undamaged outward structural appearance in accordance with the provisions of § 379 of this article.

(2) Actually obtain a valid building permit pursuant to such application.

(3) Complete the repairs or renovations of the building in accordance with the specifications of such permit within 60 days of the effective date of this article, or within 180 days of the date that the Department of Buildings determines that the building is subject to damage repair review, whichever is later.

B. The Damage Repair Review Board may grant up to three successive ninety-day extensions of the time to complete repairs or reconstruction in accordance with this article if it is satisfied that the owner is endeavoring in a good faith and nondilatory manner to complete the repairs in accordance with this article.

A. No building which is subject to damage repair review shall be repaired or reconstructed unless and until the Damage Repair Review Board shall determine that the repair or reconstruction proposed by the building permit application would:

(1) Restore the building to the outward structural appearance it had possessed immediately prior to the occurrence of the damage; or

(2) Restore the building to an outward structural appearance similar to that of any other undamaged building commonly found in the Town of Hempstead, which lawfully is used for the same purpose(s) that the building subject to damage repair review had been used for immediately prior to the occurrence of the damage.

A. Upon its receipt of a building permit application which requests permission to repair or reconstruct a building that is subject to damage repair review, the Department of Buildings, as part of its regular review procedure, shall refer the application to the Damage Repair Review Board.

B. The applicant may submit any document or exhibit which it believes would be helpful in assisting the Damage Repair Review Board in rendering its findings and determination as part of the building permit application.

C. The Damage Repair Review Board shall review the application and shall render its determination pursuant to § 379 hereof, together with all findings of fact upon which such determination is based, and shall report its determination and findings in writing to the Department of Buildings.

D. If the Damage Repair Review Board shall determine by majority or unanimous vote thereof that the repair or reconstruction proposed by the building permit application comports with the criteria of § 379A hereof, then the applicant shall have satisfied the requirements of this article with respect to the approval of building permit applications and shall proceed to complete such repair or reconstruction in accordance with law and subject to the provisions of § 378 hereof.

E. If the Damage Repair Review Board shall determine by majority or unanimous vote thereof that the repair or reconstruction proposed by the building permit application fails to comport with the criteria of § 379A hereof, then the Department of Buildings shall deny the building permit application on that basis, together with any other lawful basis for denial.

F. The determination of the Damage Repair Review Board shall be appealable as of right to the Board of Zoning Appeals of the Town of Hempstead, as part of an appeal of the determination rendered by the Department of Buildings on the application submitted for damage repair review.

A. Any building which is subject to damage repair review shall no longer be subject to damage repair review if it is completely demolished.

B. Any building which is owned by the United States, the State of New York, the County of Nassau or the Town of Hempstead or which is primarily used for public or governmental purposes shall not be subject to damage repair review.

A. In interpreting and applying the provisions of this article, the rules applicable to remedial legislation shall be used, and this article shall apply to both existing and future incidents in which buildings become subject to damage repair review.

B. The provisions of this article shall not in anyway abridge, lessen or modify the duties and obligations of property owners under any other provision of town or state law, and shall apply concurrently therewith and in addition thereto.