[HISTORY: Comes from Ord.
No. 38 adopted 6-14-1955, effective 7-2-1955.]
The Town Engineer is hereby given, upon the direction of Town Board, the right and power to fill in such excavated lands or properties in the Town as may be determined by the Town Board, after a hearing held as provided in § 146-3 hereof, to constitute a hazard to the public safety, if the owner of record thereof shall not fill or cause the same to be filled after notice to fill the same given as provided in §§ 146-5 and 146-6 hereof.
Such lands shall be filled with such materials at such times
and by such methods as the Town Engineer shall determine to be in
the best interests of the public safety, health and welfare.
The Town Board may, upon its own motion or the complaint of
any resident of the Town, call a public hearing to determine whether
any excavated land or property in the Town, outside the boundaries
of any city or incorporated village, constitutes a hazard to public
safety, upon not less than 10 nor more than 20 days' notice mailed
to the record owner of such land or property at his last known address
and published at least once prior to such hearing in a newspaper of
general circulation in the Town, stating the purpose of the hearing,
describing in general terms the land or property which shall be the
subject of the hearing, and stating that all persons interested in
the subject matter thereof shall be given an opportunity to be heard.
The Town Board shall not be required to entertain any complaint
that any excavated land or property is a hazard to public safety,
unless the complaint is in writing, signed by the complainant, describes
the land or property either by courses and distances or by reference
to the Nassau County Land and Tax Map, states the respects in which
such land or property is a hazard to the public safety, and states
the complainant's residence post-office address.
If the Town Board, after a public hearing pursuant to § 146-3 hereof, shall determine that the land or property which was the subject of such hearing constitutes a hazard to public safety, it may notify the owner thereof to fill the same according to such specifications and directions as the Town Engineer may adopt in the interests of the public safety, health and welfare and within such time as the Town Board may determine to be reasonable depending upon the size, location and nature of the excavation and the availability of suitable fill, and, if said land or property is not filled according to such specifications and directions and within such time, may direct the Town Engineer to fill such land or property or cause the same to be filled, in accordance with § 146-1 hereof.
The notice provided in § 146-5 hereof shall be mailed to the owner of record of such lands and property at the address shown on the last preceding assessment roll, by registered mail at least 30 days prior to the date on which such owner is required to commence the filling of such lands or property, shall describe the property by courses and distances or by reference to the Nassau County Land and Tax Map, and shall state that if the filling of such land or property in accordance with the provisions of this chapter shall not be completed on or before the date determined by the Town Board for such completion, the Town Engineer shall fill the same and the cost thereof shall be assessed against such lands and property as provide in § 146-7 hereof.
The cost of filling by the Town Engineer of excavated lands
and properties, pursuant to this chapter, shall be assessed by the
Town Engineer in accordance with the provisions of Section 157 of
the Highway Law.
[Added 3-24-2015 by L.L. No. 31-2015, effective 3-31-2015]
A.
No agency,
department or unit of federal, state or local government shall enter
upon private property to conduct any excavation thereon for purposes
including but not limited to environmental testing or remediation,
except upon not less than two weeks' written notice, mailed to the
owner of the subject private property by certified mail, return receipt
requested, at the subject premises, and to the owner's last known
address, if it is different location from the subject private premises.
B.
The said
notice shall state the reason for the excavation, the scope of the
work, the date that work shall be commenced, the hours during which
work shall be performed, and the approximate date of completion.
C.
This section
shall be construed as to supplement and not supplant any and all applicable
regulations of the agency performing the excavation, and nothing herein
shall relieve such agency from the obligation to follow any and all
such regulations that are otherwise applicable in regard to performing
excavations on private property, including but not limited to any
requirement to obtain the consent of the owner and/or any other party
or entity prior to commencing work.
