This chapter shall be known as the "Property Maintenance Ordinance
of the Town of Smithtown."
A.
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.
B.
It is found and declared that, by reason of lack of maintenance and
progressive deterioration, certain structures, properties and lots
have the effect of creating blighting conditions and initiating slums,
dangerous conditions and unsightliness and that, if the same are not
curtailed and removed, the aforesaid conditions will grow and spread
and will necessitate in time the expenditure of large amounts of public
funds to correct and eliminate the same.
C.
By reason of timely regulations and restrictions as herein contained,
the growth of slums and blight may be prevented and neighborhood and
property values thereby maintained, neighborhood characteristics,
amenities and aesthetics may be enhanced and improved and the desirability
and amenities of commercial residential and neighborhood uses may
be enhanced and the public health, safety and welfare protected and
fostered. Therefore, this chapter has been prepared and adopted with
consideration to the character of the various zoning districts and
the stability for the particular uses therein.
A.
Words used in the singular shall include the plural and vice versa.
B.
ABANDON
COMMERCIAL
FIRE AND HEALTH HAZARD
PERSON
PUBLIC PLACE
RESIDENTIAL
SHOPPING BASKET, WAGON OR CART
SOLID WASTE
TOWN
The following definitions shall govern the interpretation of this
chapter unless otherwise expressly defined herein:
Includes leaving, discarding, dumping, throwing or placing
of personal property in public or private places.
That which relates to or is connected with trade, traffic
or commerce in general; that which is used or occupied as or with
business or commerce; any building, structure or lot used to manage
conduct or carry out any business, whether for profit, nonprofit,
not for profit or charitable, and is intended to include buildings,
structures or lots used for commercial, retail, industrial or professional
purposes and shall include warehouse or storage facilities.
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."
An individual, firm, association, corporation, labor organization,
partnership, legal representative, trustee, trustee in bankruptcy,
receiver, tenant, mortgagee or vendee in possession, assignee of rents,
executor, lessee, agent or employee, directly or indirectly in control
of a building, lot or property, or any combination of individuals.
Includes all areas in the Town of Smithtown which are open
to the public for ingress, egress, transportation, vehicular traffic
and pedestrian traffic, including but not limited to parking lots,
shopping centers, yards, streets or sidewalks.
Any single-family or two-family home or multiple dwelling,
including but not limited to houses, apartment buildings, garden apartments,
townhouses, condominiums or cooperatives; any structure used for or
intended to be used as or designed to be used as a place for the residence
of any person.
Includes any rolling or nonrolling basket or container, or
any part or parts thereof, commonly used in supermarkets or self-service
stores as a conveyer of goods, wares and merchandise.
All putrescible and nonputrescible materials or substances
discarded or rejected as being spent, useless, worthless or in excess
to the owners at the time of such discharge or rejection, garbage,
refuse, litter, industrial and commercial waste, sludges from air-
or water-control facilities, rubbish, ashes, contained gaseous material,
incinerator residue, demolition and construction debris, discarded
automobiles and offal sewage or other liquid or semiliquid materials
or substances and those in gaseous form. "Solid waste" includes any
material or scrap separated from the waste stream and held for the
purpose of recycling.
Includes all areas in the Town of Smithtown exclusive of
areas wholly within any incorporated village.
