Hempstead Town, N.Y., Code of Ordinances ch. 88 (eCode360 ed. 2026) § 88-3
Enforcement; service of notices and orders; hearings
Operative Text
A. Whenever the Manager of the Building Department determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, he shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided. Such notice shall: (1) Be put in writing. (2) Include a statement of the reasons why it is being issued. (3) Allow a reasonable time for the performance of any act it requires. (4) Be served upon the owner or agent, or his occupant, as the case may require; provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him personally; or if a copy thereof is sent by certified mail to his last known address, and a copy thereof is posted within 24 hours of each other in a conspicuous place in or about the dwelling affected by the notice; or if he is served with such notice by any other method authorized or required under the laws of this state. (5) Set forth the procedure rights as outlined in § 88-3B . (6) Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto. B. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter may request and shall be granted a hearing on the matter before the Manager of the Building Department; provided that such person shall file in the office of the Manager of the Building Department a verified written petition requesting such hearing and setting forth a brief statement of the grounds therefor, within 10 days after the day the notice was served. Upon receipt of such petition, the Manager of the Building Department shall set a time and place for such hearing and shall give the petitioner 10 days' written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 20 days after the day on which the petition was filed; provided that upon application of any interested party, the Manager of the Building Department may postpone the date of the hearing for a reasonable time beyond such twenty-day period if in his judgment the interested party has submitted a good and sufficient reason for such postponement, but in no event shall said hearing be postponed longer than 60 days. In any case, if no written petition shall be filed with the Manager of the Building Department within the ten-day period provided for in this subsection; the Manager of the Building Department shall immediately issue an order directing the removal of violations as listed on the notice. C. The proceedings at such hearing, including the findings and decision of the Manager of the Building Department, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Manager of the Building Department. Such record shall also include a copy of every notice or order issued in connection with the matter. D. After such hearing, the Manager of the Building Department shall sustain, modify or withdraw the notice, depending upon his findings as to whether the provisions of this chapter have been complied with. If the Manager of the Building Department sustains or modifies such notice, it shall be deemed to be in order. After a hearing in the case of any notice revoking any permit required by this chapter, when such notice has been sustained by the Manager of the Building Department, upon the receipt of the written decision by the petitioner, the permit shall be deemed to have been revoked. If a petition for hearing is not filed in the office of the Manager of the Building Department within 10 days after such notice is served, the Manager of the Building Department shall issue an order directing the revocation of any permit affecting the notice and such revocation shall take effect upon receipt of the order by the violator. E. Whenever the Manager of the Building Department finds that an emergency exists which requires immediate action to protect the public health, safety and welfare, he may, without notice or hearing, issue an order 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 chapter, such order shall be effective immediately. Any party to whom such order is directed shall comply therewith immediately. If such party is not available or does not respond with sufficient promptness to meet the emergency, then the Manager of the Building Department shall have the power to correct the emergency, and any expense suffered by this Town of Hempstead shall be borne by the party.
Section 88-3 of Hempstead Town's Code of Ordinances establishes the process by which the Building Department Manager enforces housing chapter violations. When a potential violation is identified, a written notice must be issued to the responsible party explaining the alleged violation, the required corrective action, and the recipient's right to a hearing. Recipients have 10 days to request a hearing by filing a verified written petition, after which a hearing must be held within 20 days (extendable up to 60 days for good cause); if no petition is filed, a removal or revocation order is issued automatically. In genuine emergencies threatening public health, safety, or welfare, the Manager may issue an immediate order without prior notice or hearing, and any costs the Town incurs to address the emergency may be charged to the responsible party.
Plain English — not legal advice.
Under § 88-3, property owners and their agents should expect that any violation notice from the Hempstead Town Building Department Manager will arrive in writing—either by personal service or certified mail with conspicuous posting—and will specify the alleged violation, the corrective steps required, and a reasonable compliance timeline. Compliant operators typically act promptly upon receiving such a notice, either by taking the outlined remedial action within the allowed time or by filing a verified written petition for a hearing within the 10-day window if they believe the notice is unwarranted. Operators should also be aware that in emergency situations under § 88-3E, the Manager may issue an immediate order without prior notice, and any Town expenses incurred to address the emergency can be passed on to the responsible party.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 88-3 gives occupants who receive a violation notice the right to request a formal hearing before the Building Department Manager by filing a verified written petition within 10 days of being served. At that hearing, the petitioner has the opportunity to present reasons why the notice should be modified or withdrawn, and the Manager's findings must be reduced to writing and kept as a public record. Tenants who believe a notice affects them may wish to review the procedural rights outlined in § 88-3B, consult a local tenant-rights organization familiar with Hempstead Town's code, or seek guidance on how the hearing process and any resulting orders might affect their housing situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation