[HISTORY: Adopted by the Town Board of the
Town of Brookhaven 6-16-1987 by L.L. No. 7-1987; amended in its entirety 11-13-2014 by L.L. No. 32-2014, effective 11-25-2014. Subsequent amendments noted where applicable.]
It is hereby declared by the Town Board of the Town of Brookhaven
that all properties shall be maintained in conformity with the provisions
of this chapter so as to assure the desirable character of the property,
to prevent blight and the spread thereof and to prevent hazards to
the public health, safety and welfare.
A.
Surface and subsurface water shall be appropriately drained to protect
buildings and structures, to prevent damage to adjacent property and
to prevent the development of stagnant ponds.
B.
Steps, walks, driveways, parking spaces and appurtenances and other
paved areas shall be maintained so as to afford safe passage for pedestrian
traffic and motor vehicle traffic under normal use and weather conditions.
Holes or other hazards shall be immediately filled or otherwise repaired
or replacements effected. All off-street parking facilities shall
be swept.
C.
All landscaping shall be maintained so that lawns, hedges, bushes
and trees shall be kept trimmed and free from becoming overgrown and
unsightly. When such lawns, hedges, bushes and trees shall die or
otherwise be destroyed, they shall be replaced.
D.
All garbage, crates, rubbish, refuse or debris shall be kept inside
the building or buildings on the premises or in an acceptable enclosed
container and shall be regularly collected and removed from the premises.
E.
Yards, courts, play areas and vacant lots shall be kept clean and
free of physical hazards. They shall be maintained in a manner that
will prevent rubbish from being blown about the neighborhood. Open
wells, cesspools or cisterns shall be securely closed or barricaded
to prevent access by the public.
F.
The owner of a vacated building shall take such steps and perform
such acts as may be required of him from time to time to ensure that
the building and its adjoining yards remain safe and secure and do
not present a hazard to adjoining property or to the public.
G.
A junked vehicle may not be parked, stored or left in the open but
shall be stored in a suitable enclosed location inside a building
or behind a fence which suitably screens such junked vehicles from
view. A "junked vehicle," for the purposes of this chapter, shall
mean an unregistered motor vehicle not suitable for operation as originally
intended. Lack of a license plate affixed to a motor vehicle shall
be presumptive evidence that the vehicle is unregistered.
H.
All lights, lighting stanchions, utility poles and other appurtenances
shall be suitably maintained in a safe condition so as to prevent
hazards to the public health, safety and welfare.
I.
Parking area maintenance.
(1)
All paving, repaving, sealing, striping, painting or signage changes
to an existing off-street parking lot, area or facility must be performed
in accordance with, and said lot, area or facility maintained in accordance
with, the current accessible parking requirements of the Property
Maintenance Code and Building Code of the State of New York.
J.
Exterior surfaces of any and all buildings, structures and accessory
structures, including but not limited to fences that are not inherently
resistant to deterioration, shall be periodically treated with a protective
coating of paint or other suitable preservative. All surfaces shall
be maintained free of deterioration, including but not limited to
broken or missing glass, loose or missing shingles or siding, crumbling
brick, stone and mortar and peeling, scaling or deteriorated paint.
All landscaping and/or screening facilities shall be kept in
good repair and condition. Where such landscaping and/or screening
facilities are lacking, damaged or otherwise insufficient, the Town
Board of the Town of Brookhaven shall have the right to direct appropriate
agencies of the Town to erect, replace, repair or maintain or cause
to be erected, replaced, repaired or maintained fences, trees, plantings
or other landscaping and/or screening facilities after the owner of
the land has been notified by registered mail at the address shown
on the last previous assessment roll of the lack or insufficiency
of or damage to the landscaping and/or screening facilities upon his
land and if such landscaping and/or screening is not repaired, replaced
or otherwise corrected by or on behalf of such owner 30 days after
receipt of such notice. All costs and expenses incurred by the Town
of Brookhaven in performing this work shall be assessed against the
land on which such landscaping and/or screening facilities are located
or will be located and shall be added to the tax bill applicable to
said property for the next taxable period.
A.
Legislative intent. The Town Board of the Town of Brookhaven hereby
finds that many shopping centers located within the Town of Brookhaven
have become eyesores due to poor maintenance and neglect, contain
litter resulting from discarded handbills, beverage and food containers
and are the source of litter blowing off premises to adjacent properties.
It is the intent of this section to establish standards for the maintenance
of landscaped areas, buffers and parking areas so as to improve the
appearance of shopping centers located within the Town and reduce
litter located thereon from blowing off the premises.
B.
ACTUAL NOTICE
COMMERCIAL PROPERTY
LITTER
POLICED
SHOPPING CENTER
Definitions. For the purposes of this section, the following terms,
phrases, words and their derivations shall have the meanings given
herein:
The receipt by an owner or tenant of commercial property
of written notice from any agency, department, board or division of
the Town of Brookhaven describing the presence of litter on said property.
Any property zoned J Business, J Business 2, J Business 3, J Business 4, J Business 5, J Business 6, J Business 7, L Industrial, L Industrial 1, L Industrial 2, L Industrial 3 or L Industrial 4 pursuant to Chapter 85 of the Code of the Town of Brookhaven.
Shall have the meaning ascribed to it in Chapter 45 of the Code of the Town of Brookhaven.
The visual inspection of all or a portion of a premises for
litter.
A "commercial center" as the same is defined in Chapter 85 of the Code of the Town of Brookhaven.
C.
Maintenance of landscaped and vegetated areas.
(1)
All landscaped and vegetated areas contained within commercial property
shall be kept free and clear of litter. Said areas shall be policed
not less than once each week by the owner or tenant of said shopping
center, or his or her agent. All litter contained thereon shall be
removed within 48 hours of receipt of actual or constructive notice
of the presence of said litter.
(2)
All landscaped and vegetated areas indicated on an approved site
plan shall be adequately watered, fertilized, pruned and otherwise
maintained. Any dead vegetation shall be replaced.
D.
Parking area maintenance. All parking areas and internal roadways
contained within commercial property shall be kept free and clear
of litter. Said areas shall be cleaned not less than twice each week
by an employee or agent of the owner or tenant or within 48 hours
of receipt of actual or constructive notice of the presence of litter,
whichever shall be sooner. Pot holes shall be promptly filled, pavement
shall be maintained so as to avoid deterioration, drainage facilities
shall be operable and striping and signs shall be maintained in a
visible manner and in conformance with the property's site plan
and any other applicable laws, rules and regulations.
E.
Fencing requirements. When local conditions such as prevailing winds, site topography and/or litter and debris history at a site warrant, the Commissioner of the Department of Planning, Environment and Development may direct and require that shopping center owners shall fence the exterior perimeter of their shopping center parking lot with a vinyl-covered chain-link fence approximately four feet in height. The design and location of said fence shall be submitted to the Commissioner of the Department of Planning, Environment and Development for approval prior to installation. A building permit and/or site plan approval shall not be required for said fence. The purpose of said fence is to contain litter and prevent it from blowing onto adjacent properties. In appropriate cases and where architectural reasons mitigate against using a chain-link fence, said Commissioner may permit the installation of a post-and-rail fence faced with "turkey wire." Said fence may be set back sufficiently from the edge of the parking area to avoid damage by parked cars. Any party aggrieved by any determination made by the Commissioner of Planning, Environment and Development hereunder may appeal such determination to the Board of Zoning Appeals in the form and manner provided by Chapter 85 of the Code of the Town of Brookhaven.
F.
The requirements and penalties contained within this section shall be deemed in addition to any such requirements or penalties contained in any other section of Chapter 49 or of the Code of the Town of Brookhaven.
G.
Violations. Failure by an owner or tenant to comply with § 49-4C and D, or failure by an owner of a shopping center to install the fence required by § 49-4E, shall be deemed a violation of this chapter. Each and every day during which a violation continues shall be considered a separate violation punishable as described below.
A.
Every structure, including one-family and two-family residences,
located within the Town of Brookhaven shall have an address number
and/or lettering posted in a clearly visible location from the street
or roadway fronting the property as designated by the US Postal Service
and/or the Town of Brookhaven.
B.
Address numbers and/or lettering on residential, including one-family,
two-family residences and multifamily residences, shall be a minimum
of four inches in height and must be placed within the three-foot
perimeter of the front entrance of the dwelling.
(1)
In the event that the dwelling is more than 100 feet from the roadway,
additional address numbers and/or lettering shall be displayed at
the intersection of the roadway and driveway of the property.
C.
Address numbers and/or lettering on commercial buildings shall be
a minimum of six inches in height and must be placed in the center
of the building where they can be easily read from the roadway.
(1)
In the event that the building is more than 100 feet from the roadway,
the address numbers and/or lettering shall be a minimum of 12 inches
in height.
A.
No owner or occupant of property or person, corporation or other
entity shall plant, install, or cause or permit the planting or installation
of plant species upon any property, including one-family and two-family
residences, located within the Town of Brookhaven, commonly considered
to be classified as "running bamboo," hereinafter defined as any tropical
or semi-tropical grasses with monopodial (leptomorph) rhizome (root)
systems, including, but not limited, to the following plant genera:
Arundinaria, Chimonobambusa, Phyllostachys, Pleioblastus, Pseudosasa,
Sasa, Sasaella, and Semiarundinaria.
B.
Duty to confine bamboo. In the event any species commonly considered
to be classified as "bamboo," either "running" or "clumping," hereinafter
defined as any tropical or semi-tropical monopodial (leptomorph) or
sympodial (pachymorph) grasses, including, but not limited to, Arundinaria,
Bambusa, Chimonobambusa, Dendrocalamus, Fargesia, Phyllostachys, Pleioblastus,
Pseudosasa, Sasa, Sasaella, and Semiarundinaria, is located upon any
property, including one-family and two-family residences, within the
Town of Brookhaven, the owner or occupant of said property shall confine
such species to prevent the encroachment, spread, invasion or intrusion
of same onto any other property or right-of-way.
C.
Notice. The Town of Brookhaven shall notify the owner or occupant of the property which is in violation of Subsection A or B above and the notice shall specify a time, not less than 15 days, to comply with the provisions therein. Said notice shall be in writing and served personally or by certified mail. Service shall be deemed complete on the day the delivery or mail is completed.
D.
Presumption. In the event any species commonly considered to be classified
as "bamboo" is found to have encroached, spread, invaded, or intruded
upon any other property or right-of-way, said species shall be presumed
to be classified as "running bamboo." This presumption shall be rebuttable.
A.
Any person or corporation violating any of the provisions of this chapter, except §§ 49-2I, 49-5 and 49-6, shall be deemed guilty of a violation and, upon a first conviction, shall be punished by a fine of $500 to $2,000 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment; upon a second or subsequent conviction, by a fine of $1,000 to $3,000 or by imprisonment for not less than 15 days nor more than six months, or by both such fine and imprisonment. For purposes of this subsection, a second violation shall be prosecuted as a misdemeanor. Each week's continued violation shall constitute a separate additional violation.
[Amended 6-26-2018 by L.L. No.
14-2018, effective 7-9-2018]
B.
Any person or corporation violating any provision of § 49-6 shall be deemed guilty of a violation and, upon a first conviction, shall be punished by a fine of $500 to $2,000; upon a second or subsequent conviction, by a fine of $1,000 to $3,000. For purposes of this subsection, a second violation shall be prosecuted as a misdemeanor. Each week's continued violation shall constitute a separate additional violation.
[Amended 6-26-2018 by L.L. No.
14-2018, effective 7-9-2018]
C.
Any person or corporation violating any provision of § 49-2I shall be deemed guilty of a violation and, upon a first conviction, shall be punished by a fine of $2,000; upon a second or subsequent conviction, by a fine of $2,000 to $3,000. For purposes of this subsection, a second or subsequent violation shall be prosecuted as a misdemeanor. Each week's continued violation shall constitute a separate additional violation.
[Amended 6-26-2018 by L.L. No.
14-2018, effective 7-9-2018]
D.
Any person or corporation violating any provision of § 49-5 shall be deemed guilty of a violation and, upon a first conviction, shall be punished by a fine of not more than $50; upon a second or subsequent conviction, by a fine of not more than $75. Each day's continued violation shall constitute a separate additional violation.
