[Adopted as Ch. 16 of the 1964 Code]
This Article shall be known and may be cited as the "Excavated
Lands Ordinance."
The Town Board of the Town of Smithtown may direct the filling
in of excavated lands and property in any district in the Town if,
after a hearing upon publication of notice in at least one newspaper
having general circulation in the Town of Smithtown, the existence
of such lands and property are determined by the Town Board to constitute
a hazard to public safety.
Prior to the filling in of any excavated lands and property,
the Town Board shall provide as follows:
A.
For an inspection and report by an official of the Town duly appointed
by the Town Board.
B.
For a public hearing, after notice of such hearing by the publication
of a notice in at least one newspaper circulating in the Town specifying
the time when and the place where such hearing will be held and identifying
the property which is the subject of the report of the appointed Town
official.
C.
For a determination by the Town Board as to whether the existence
of such excavated lands and property constitute a hazard to the public
safety.
D.
In the event that the Town Board deems such lands and property to
constitute a hazard to public safety, for 30 days' notice, by registered
mail, to the owner of record of such lands and property at the address
shown on the last preceding assessment roll, containing a description
of the premises, a statement of the particulars in which said excavated
lands and property are hazardous to public safety and an order requiring
such excavated lands and property to be filled in by or on behalf
of such owner within such thirty-day period.
E.
In the event of the failure of such owner to commence and complete
the filling in of such excavated lands and property as required by
said order, for the filling in by or under the direction of the Town
of Smithtown of such excavated lands and property and for the assessment
of the cost thereof against such lands and property in accordance
with the provisions of § 157 of the Highway Law of the State
of New York.
