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Public Notices

Posted on: December 1, 2017

[ARCHIVED] Property Maintenance

                                                         PUBLIC NOTICE

NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Smithtown met at Town Hall, Patrick R. Vecchio Building, Victor T. Liss Boardroom, 99 West Main Street, Smithtown, New York on the 30th day of November, 2017 at 7:00 p.m., time then in effect and duly adopted proposed Local Law #5-2017, amending Chapter 221 of the Code of the Town of Smithtown entitled "Property Maintenance," for which a public hearing was held on November 7, 2017, and pursuant to SEQRA dated November 21, 2017, and upon the recommendation of the Town Attorney:

Local Law #5-2017

Chapter 221. Property Maintenance

 

Additions indicated by underlines.

Deletions indicated by strikeouts.

Article I. General Provisions

 

§221-2 Findings and purpose.

 

A.        In order to prevent blight and the spread thereof and promote the health, safety and general welfare of the residents of the Town of Smithtown, it is hereby declared that all structures, properties and lots in the Town of Smithtown, except where otherwise noted, used for residential or commercial purposes, including but not limited to single family residential homes, multifamily homes, garden apartments, condominiums, townhouses, hotels, motels, shopping centers, supermarkets, retail stores, discount houses, warehouses, manufacturing or fabrication plants, factories, gasoline service stations, public garages, motor vehicle repair shops or other business uses, whether occupied, vacant, principal or accessory structures located in the Town of Smithtown shall be maintained in conformity with the standards set forth in this chapter so as to ensure that these structures, properties and lots will be property maintained free from fire and health hazards, garbage, rubbish, debris, waste, weeds and dangerous conditions and will not adversely affect the neighborhood and community at large. It is hereby declared by the Town Board of the Town of Smithtown that all properties shall be maintained in conformity with the provisions of this chapter so as to ensure the desirable character of the property, to prevent blight  and the spread thereof and to prevent hazards to the public health, safety, and welfare.

§221-3 Word usage; definitions.

FIRE AND HEALTH HAZARD

Includes but shall not be limited to weeds, brush, grass, rubbish or poisonous shrubs or weeds, or others items and conditions described in Chapter 164 of the code of the Town of Smithtown entitled, “Fire Prevention.”

Article II. Property and Lot Maintenance

 

§221-4 Standards.

 

A.        Open areas.

            (6)        All owners, occupants, lessors or persons having responsibility or control of all property within the Town of Smithtown, including but not limited to, buildings, lots or structures used for residential or commercial purposes, shall maintain steps, walks, driveways, parking spaces and similar paved areas so as to afford safe passage under normal use and weather conditions.  All owners, occupants, lessors or persons in control of all buildings or structures used for commercial purposes and the owners or occupants of lands fronting or abutting on any street or highway in a business or industrial district shall maintain and repair the sidewalks adjoining their lands and shall keep the sidewalk in front of adjacent to such premises free and clear from snow, ice, dirt or other obstruction. No salt, calcium chloride or derivatives thereof or other corrosive materials shall be used. Any holes or other hazards that may exist on private roads, streets, parking lots or other private paved or unpaved areas, except residential driveways, shall be filled or and necessary repairs or replacements carried out shall be made. All commercial or nonresidential off-street parking facilities shall be swept kept free of rubbish, sticks, wood, leaves, weeds, paper, cardboard or debris of any kind at least twice a week.

 

§221-5 Failure to comply; costs to become lien; liability of violator.

A.        In the event that any person fails to comply with any of the standards contained in §221-4 of this article, the Town of Smithtown shall cause a notice to cure to be sent to the property owner or the occupier of the property. Such notice shall be mailed by certified mail, return receipt requested, and by ordinary mail to the property owner or the occupier of the property at the owner’s or occupier’s last known address. The Town of Smithtown shall accord such person 72 hours to cure such problem. In the event that 72 hours shall have passed without any remedial measures or action taken by such owner, the property owner shall be considered in default, and the Town may proceed to cure such default.

B.        The total expense of curing the violation of one of the standards contained in §221-4 of this article and the cost of insurance indemnifying the Town of Smithtown, its employees and agents against any loss arising from injuries to persons or property as a result of such default on the part of the owner shall be assessed on the real property on which such violation was found, and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner or other authorized manner and at the same time as other Town charges.

C.        Any person in violation of any of the standards listed in §221-4 of this article shall be held liable for any injury or damage by reason of the violation.

§221-6 Failure to remove vegetation, debris or unsightly matter; notice; recovery of costs.

A.        Authority to remove. In the event that the owner, occupant or person in control of such land shall fail to remove filth, dirt, junk, garbage, wastepaper, rubbish, sticks, stones, wood, leaves, paper, paper boxes, cardboard, iron, tin, nails, bottles, glass, brush, grass, solid waste, rubbish, weeds, trees, tree stumps, rootballs, or other debris in the Town in violation of the standards set forth in §221-4A, the Town shall have the authority as provided for herein to enter onto such land and clean the same and charge the cost of expense of such action against the owner and establish a lien in the manner herein provided.

B.        Town Board action. Any owner of real property in the Town shall be required to remove brush, grass, solid waste, rubbish, trees, tree stumps, rootballs, or weeds, or other debris listed in Subsection A of this section, which exists upon his land when directed to do so by resolution of the Town Board, pursuant to the authority provided under Town Law §64 (5-a).

C.        Notice to be served. Whenever the Town Board shall adopt a resolution requiring the owners of land to remove an item or items in violation of Subsection A, the Town Board shall specify the time within which such work shall be completed. Such notice shall be set forth, with reasonable certainty, the location at which the condition exists and the manner in which the removal work shall be performed. The owners shall be given at least 10 days from the date of the mailing of the notice during which time, giving due consideration to the amount of removal work required and the location thereof. Notice of the adoption of a resolution requiring the removal work shall be served upon the owners of the property at which the condition exists by certified mail, addressed to the last known address of said owner.

D.        Failure to comply; removal.

            (1)        Wherever a notice or notices referred to in §221-6C of this chapter have been served and the owner shall neglect or fail to comply with such notice within the time provided therein, the Town Board may hold a public hearing. The public hearing shall be held upon notice posted conspicuously on the affected property and forwarded to the last known address of the property owner as it appears on the current tax records of the Town by certified mail, return receipt requested. Posting and service of such notice shall not be less than 15 days prior to the date of such hearing.

            (2)        The Town Board, after public hearing as provided in Subsection D(1), may cause the brush, grass, solid waste, rubbish, trees, tree stumps, rootballs, or weeds or other debris listed in Subsection A of this section to be removed and shall provide for the cost thereof, to be paid from general Town funds as directed by resolution.

E.         Manner of collection of costs incurred. In any case where it shall be necessary for the Town Board to have the work performed due to the failure of the owner to comply with the Town Board’s resolution, the Town shall be reimbursed for the cost of the work performed or the services rendered at its direction, by levy upon the tax bill of the lots or parcels of land where such work was performed or such services rendered. All costs actually incurred by the Town upon each lot or parcel and the charge therefor shall be levied and collected in the same manner and in the same time as other Town charges.

F.         The remedies provided for by this section are in addition to and not in lieu of such other remedies as the Town of Smithtown may elect to take.

§221-75 Higher standards to prevail.

            In any case where the provisions of this code impose a higher standard than set forth in any other ordinance of the Town of Smithtown or under the laws or regulations of the State of New York, then the standards as set forth herein shall prevail. If the provisions of this code impose a lower standard than any other ordinance of the Town of Smithtown or of the laws and regulations of the State of New York, then the higher standard contained in any such ordinance or law shall prevail.

§221-86 Liability for damage to third party.

            Any owner of commercial, industrial or residential real property in the Town of Smithtown or any person who fails to adhere to or violates any provision of this article shall be liable for any defect, injury, fault or damage to any third party.

Article III. Shopping Carts

 

§221-9 7

§221-10 8

§221-11 9

§221-12 10

Article IV. Penalties and Enforcement

 

§221-611. Penalties for offenses; additional remedies.

 

A.        A person who violates any of the provisions of Article II (standards) or who fails to comply with any condition imposed by Article II shall have committed a violation punishable by a fine not exceeding $2,500 or imprisonment for not more than 30 days, or both, for a conviction of a first offense, and punishable by a fine of $5,000 or imprisonment for not more than 60 days, or both, for a conviction of a second or subsequent offense. A separate violation shall be deemed committed upon each day during or on which a violation occurs or continues.

B.        A person who violates any of the provision of Article III (shopping carts), or who fails to comply with any condition imposed by Article III shall have committed a violation punishable by a fine not exceeding $500 or imprisonment for not more than 15 days, or both, for a conviction of a first offense and punishable of a fine of not to exceed $1,000 or imprisonment for not more than 30 days, or both, for conviction of a second or subsequent offense. A separate violation shall be deemed committed upon each day during or on which a violation occurs or continues.

C.        The Town Attorney is authorized and directed to institute any and all actions and proceedings necessary to enforce this chapter. The Town Attorney is also authorized to seek damages and any civil penalties in any civil action, and such penalties shall be in addition to and not in lieu of any criminal prosecution and penalty.

                        (1)        In the event of any actual or pending violation of this chapter, the Town Attorney may, in addition to other remedies, institute any appropriate action or proceeding to prevent, restrain, correct or abate such violation.

                        (2)        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 the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain or correct such violation or 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.

                        (3)        In addition to any fine or penalty imposed, the defendant shall pay all costs and expenses incurred by the Town in determining such violation.

§221-12. Administrative remedy.

A.        Authority to remove. In the event that the owner, occupant or person in control of such land shall fail to remove filth, dirt, junk, garbage, wastepaper, rubbish, sticks, stones, wood, leaves, paper, paper boxes, cardboard, iron, tin, nails, bottles, glass, brush, grass, solid waste, rubbish, weeds, trees, tree stumps, rootballs, or other items and conditions in violation of the standards set forth in §221-4A, the Town shall have the authority as provided for herein to enter onto such land and clean the same and charge the cost of expense of such action against the owner and establish a lien in the manner herein provided.

            B.        In the event that any person fails to comply with any of the standards contained in §221-4 of this Article, the Town Board of the Town of Smithtown shall cause a notice to cure to be sent to the property owner or the occupier of the property, requiring the owner or occupier to remove all violations subject to the notice to cure to be remedied within 72 hours. Such notice shall be mailed by certified mail and ordinary mail to the property owner or the occupier of the property at the owner or occupier’s last known address. In the event that 72 hours shall have passed without any remedial measures or action taken, the property owner shall be considered in default, and the Town may proceed with the adoption of a Town Board resolution requiring the owners to cure such default.

            C.        Notice to be served. Whenever the Town Board shall adopt a resolution pursuant to §221-12(A) requiring the owners of land to remove violations which exist thereon, the Town Board shall specify the time within which such work shall be completed. Such notice shall be set forth, with reasonable certainty, the location at which the condition exists and the manner in which the work shall be performed. The owners shall be given at least 30 days from the date of the mailing of the notice during which the work shall be performed and such notice shall grant a reasonable period of time for the owner to cure the violations. Notice of the adoption of a resolution requiring the removal work shall be served upon the owners of the property at which the condition exists by certified mail, addressed to the last known address of said owner.

            D.        Failure to comply; removal.

           

                        (1)        Wherever a notice referred to in §221-12(B) of this chapter has been served and the owner neglects or fails to comply with such notice within the time provided therein, the Town Board may hold a public hearing on whether the Town should take action to remove the violations. The public hearing shall be held upon notice posted conspicuously on the affected property and forwarded to the last known address of the property owner as it appears on the current tax records of the Town by certified mail. Posting and service of such notice shall not be less than 15 days prior to the date of such hearing.

                        (2)        The Town Board, after a public hearing may cause the violation to be removed and shall provide for the cost thereof, to be paid from general Town funds as directed by Town Board resolution.

            E.         Manner of collection of costs incurred. In any case where it shall be necessary for the Town Board to have the work performed due to the failure of the owner to comply with the Town Board’s resolution, the Town shall be reimbursed for the cost of the work performed or the services rendered at its direction, by levy upon the tax bill of the lots or parcels of land where such work was performed or such services rendered. All costs actually incurred by the Town upon each lot or parcel and the charge therefor shall be levied and collected in the same manner and in the same time as other Town charges.

            F.         The remedies provided for by this section are in addition to and not in lieu of such other remedies as the Town of Smithtown may elect to take. Nothing herein shall be construed as a requirement that notice of any kind be served prior to issuance of a summons.

§221-13. Additional remedies.

            A.        The Town Attorney is authorized to institute any and all actions and proceedings necessary to enforce this chapter. The Town Attorney is also authorized to seek damages and any civil penalties in any civil action, and such penalties shall be in addition to and not in lieu of any criminal prosecution and penalty.

                        (1)        In the event of any actual or pending violation of this chapter, the Town Attorney may, in addition to other remedies, institute any appropriate action or proceeding to prevent, restrain, correct or abate such violation.

                        (2)        In addition to any fine or penalty imposed, the defendant shall pay all costs and expenses incurred by the Town in enforcing this chapter and/or remedying such violation.

§221-14. Enforcement.

            The provisions of this chapter may be enforced by the Director of Public Safety, the Supervisor of Environment and Waterways, or the Building Director, the Town Attorney, or their designated representatives, or agents of the Suffolk County Police Department.

Dated:  November 30, 2017


BY ORDER OF THE TOWN BOARD

OF THE TOWN OF SMITHTOWN

VINCENT PULEO

TOWN CLERK


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