The Town Board of the Town of Riverhead has determined that
there exists in the Town of Riverhead unsightly conditions and environmental
public nuisance(s), and it is the intent of this article to provide
minimum requirements to safeguard public safety, health and general
welfare insofar as they are affected by any undesirable, environmental
public nuisance(s) or condition(s) of blight on such land(s), premises
and public way(s) and whereby reasons that such conditions may cause
a fire hazard, create a nuisance to children with potential danger
of injury on rocks, debris, holes, noxious weeds, etc., obstruct visibility
at street intersections, result in the aggravation of allergies or
furnish a potential harborage or breeding place for disease-carrying
insects, arthropods, animals and snakes covered by excess growth or
vegetation.
As used in this article, the following terms shall have the
meanings indicated:
BAMBOO
[Added 8-21-2018 by L.L.
No. 18-2018]
A.
RUNNING BAMBOOHereinafter defined as any grasses with monopodial (leptomorph) rhizome systems in the subfamily Bambusoideae including, but not limited to, the following plant genera: Arundinaria, Chimonobambusa, Phyllostachys, Pleioblastus, Pseudosasa, Sasa, Sasaella and Semiarundinaria.
B.
CLUMPING BAMBOOHereinafter defined as any grasses with sympodial (pachymorph) rhizome systems in the subfamily Bambusoideae including, but not limited to, Bambusa, Chusquea, Dendrocalamus, Drepanostachyum, Fargesia, Himalayacalamus, Otatea, Thamnocalamus, Thyrostachys and Yushania.
BAMBOO OWNER
Any property owner or resident who has planted and/or grows
bamboo, or who maintains bamboo on the property, or who permits bamboo
to grow or remain on the property even if the bamboo has spread from
an adjoining property. Any property owner or resident at whose property
bamboo is found will be considered a bamboo owner, except any property
owner or resident who complies with all of the following:
[Added 8-21-2018 by L.L.
No. 18-2018]
A.
Did not plant or grow or cause bamboo to be planted or grown
on his property.
B.
Has provided satisfactory proof to the Town of Riverhead that,
within a reasonable period of time after discovering the encroachment
of bamboo onto the property from an adjoining or neighboring property,
advised the owner of such property of an objection to the encroachment
of the bamboo.
C.
Has initiated steps for the removal of the bamboo from the property,
including remedies at law.
CODE ENFORCEMENT OFFICIAL
The official who is charged with the administration and enforcement
of this article, or any duly authorized representative of such person,
including but not limited to the Building Inspector, Chief Building
Inspector, Principal Building Inspector, Senior Building Inspector,
Building Permits Coordinator, Zoning Inspector, Electrical Inspector,
Plumbing Inspector, Fire Marshal, Fire Marshal I, Fire Marshal II,
Chief Fire Marshal, Town Investigator, Senior Town Investigator, Ordinance
Enforcement Officer or Ordinance Inspector of the Town of Riverhead,
and such person(s) shall be certified as a New York State Code Enforcement
Official.
EXCAVATION
The extraction, removal or stripping of material from the
ground or the breaking of the surface soil in order to facilitate
or accomplish the removal, extraction or stripping of material.
[Added 11-4-2015 by L.L.
No. 22-2015]
EXTERIOR PROPERTY
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
GARBAGE/REFUSE
Any solid or liquid waste material or product or combination
of solid or liquid waste materials which result from the handling,
preparation, cooking and consumption of food. For the purpose of this
definition, "waste material" shall mean any form of discarded, unattended,
uncontained garbage/refuse as defined herein.
GRASS
Any plant of the family Gramineae having jointed stems with
long narrow leaves which are growing wild or cultivated by seed as
upon lawns and pastures.
LAND
The term "land" and "property" shall have the same meaning
as "premises" as defined herein.
LITTER
Waste material haphazardly deposited upon the ground, including
but not limited to paper and plastic bags, paper and plastic cups,
foodstuffs, food wrappings, cigar and cigarette butts, newspapers,
advertisements, flyers, handbills, cans, bottles or glass, which tends
to create a danger to public health, safety and welfare and/or which
creates an unsightly condition, whether or not the waste material
was generated by the owner of the property, by a lessee of the owner
or a customer of the owner or lessee. For the purpose of this definition,
"waste material" shall mean any form of discarded, unattended, uncontained
litter as defined herein.
NOXIOUS PLANTS
Noxious plants shall include the following: poison ivy, poison
sumac, and poison oak.
NUISANCE
The unlawfully doing of an act, or omitting to perform a
duty, which act or omission either annoys, injures or endangers the
comfort, repose, health or safety of others, offends decency, or unlawfully
interferes with, obstructs or tends to obstruct, or render hazardous
for others, or in any way renders other persons insecure in life or
in the use of their property.
OCCUPANT
Any individual or person occupying a premises or building,
or having possession of a premises or building.
OWNER
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title or deed
to the property; or otherwise having control of the property, including
the guardian of the estate of any such person, and the executor or
administrator of the estate of such person if ordered to take possession
of real property by a court.
PERSON
An individual, corporation, partnership or any other group
acting as a unit.
PREMISES
A lot, plot or parcel of land, easement or public way, including
any structures thereon.
PUBLIC WAY
Any street, alley or similar parcel of land essentially unobstructed
from the ground to the sky, which is deeded, dedicated or otherwise
permanently appropriated to the public for public use.
RANK VEGETATION
Any plant exceeding 10 inches in height. Trees, shrubberies,
flowers and agricultural crops are not to be considered rank vegetation
unless they constitute an extreme deviation from the aesthetic appearance
of the existing neighborhood in which such vegetation exists.
RESIDENTIAL PREMISES
Any parcel of real estate, used or intended for residential
purposes, whether platted or unplatted.
RUBBISH
All combustible and noncombustible waste materials; for the
purpose of this definition, "waste material" shall mean any form of
discarded, unattended, improperly contained rubbish as defined herein;
the term "rubbish" shall include rags, cartons, boxes, wood, excelsior,
rubber, leather, metals, mineral matter, glass, crockery fragments
of building materials, construction debris or fallen buildings and
ruins; the term "rubbish" shall also include the residue from the
burning of any of the aforementioned items; this term shall also include
discarded, abandoned or stored refrigerators and or freezers.
WEEDS
A valueless plant with long narrow leaves growing wild, sometimes
growing on cultivated ground amongst grass, to the exclusion or injury
of the desired crop; the term shall also include any undesirable or
troublesome plant growing profusely where it is not wanted.
WOODED AREAS
An area densely covered with trees, shrubs and plant life.
YARD, FRONT
A space unoccupied, except as otherwise herein provided,
between the front street line and the nearest point of any building
line or structure on the lot and extending from side lot line to side
lot line.
YARD, REAR
A space unoccupied, except by a building or structure or
accessory use as herein provided, extending from side lot line to
side lot line between the rear lot line and the extreme rear line
of the main building.
YARD, SIDE
A space unoccupied, except by a building or structure or
accessory use as herein provided, situated between the line of the
principal building and sidelines of the lot and extending from the
front lot line to the rear lot line.
YARD WASTE
Any form of discarded plant material or plant matter, including
leaves, grass clippings, tree branches, brush, tree stumps, flowers
and roots; debris commonly discarded as waste material in the course
of maintaining yards and gardens, including sod and biodegradable
waste approved for the yard waste composting program by the Town Board
or the Sanitation Supervisor. For the purpose of this definition,
"waste material" shall mean any form of discarded, nonthriving yard
waste as defined herein.