[Adopted 8-7-1984; amended in its entirety 9-1-2009 by L.L. No. 45-2009 (Ch.
96 of the 1976 Code)]
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.
A.
Scope. The provisions of this article shall apply to all new and
existing residential and nonresidential premises and constitute the
minimum requirements and standards for such premises.
B.
Applicability. The provisions of this article shall be deemed to
supplement applicable state and local laws, ordinances, codes and
regulations. Nothing in this article shall be deemed to abolish, impair,
supersede or replace existing remedies of the Town, county or state
or existing requirements of any other provision of local laws or ordinances
of the Town or county or state laws and regulations. In case of conflict
between any provisions of this article and any applicable state or
local law, ordinance, code or regulation, the more restrictive or
stringent provision or requirement shall prevail.
A.
General. Unless otherwise expressly stated, the terms set forth in § 251-21 of this article shall, for the purposes of this article, have the meanings shown herein.
B.
Interchangeability. Words stated in the present tense include the
future; words stated in the masculine gender include the feminine
and neuter; the singular number includes the plural and the plural
the singular.
C.
Terms not defined. Where terms are not defined through the methods
authorized by this article, such terms shall have ordinarily accepted
meanings such as the context implies.
As used in this article, the following terms shall have the
meanings indicated:
[Added 8-21-2018 by L.L.
No. 18-2018]
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.
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.
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]
Did not plant or grow or cause bamboo to be planted or grown
on his property.
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.
Has initiated steps for the removal of the bamboo from the property,
including remedies at law.
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.
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]
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
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.
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.
The term "land" and "property" shall have the same meaning
as "premises" as defined herein.
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 shall include the following: poison ivy, poison
sumac, and poison oak.
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.
Any individual or person occupying a premises or building,
or having possession of a premises or building.
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.
An individual, corporation, partnership or any other group
acting as a unit.
A lot, plot or parcel of land, easement or public way, including
any structures thereon.
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.
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.
Any parcel of real estate, used or intended for residential
purposes, whether platted or unplatted.
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.
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.
An area densely covered with trees, shrubs and plant life.
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.
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.
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.
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.
A.
Weeds, grass, rank vegetation. It shall be unlawful for any owner
or occupant of a premises within the Town of Riverhead, County of
Suffolk, State of New York, to cause or allow weeds, grass or other
rank vegetation as defined in this article to exceed a height of 10
inches measured above ground level on any premises or public way.
B.
Yard waste, rubbish, litter, garbage/refuse. It shall be unlawful
for any owner or occupant of a premises within the Town of Riverhead,
County of Suffolk, State of New York, to cause or allow any accumulation
of yard waste, rubbish, litter, garbage or refuse as defined in this
article on any premises or public way.
C.
Open excavations and piles of material. It shall be unlawful for
any person or business entity to leave, cause, permit and/or maintain
an open excavation or pile of fill or other material, in connection
with the removal of trees or other vegetation, or the installation,
repair or maintenance of drainage structures, sewage systems, utility
work, foundation or other below-grade construction, in an unsecured,
or dangerous, or hazardous condition or place. Such excavation or
pile shall be effectively and properly fenced, shored or barricaded
to prevent the creation and/or maintenance of an unsafe or hazardous
condition while work is being performed, and such conditions shall
be remedied as soon as practicable as the work is completed.
[Added 11-4-2015 by L.L.
No. 22-2015]
D.
Bamboo. It shall be unlawful for any person or business entity to
plant or replant running bamboo or any bamboo species found on the
New York State Department of Environmental Conservation List of Prohibited
and Regulated Invasive Plants and unlawful to cause or allow the spread
of existing running or clumping bamboo onto neighboring properties,
privately or publicly owned, including public rights-of-way.
[Added 8-21-2018 by L.L.
No. 18-2018]
(1)
Presumption. In the event 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 or clumping
bamboo. For the purposes of this section, bamboo found growing upon
a property shall constitute presumptive evidence that the bamboo was
planted and/or grown by and/or with the consent of the bamboo owner.
(2)
Maintenance and responsibility. Any bamboo that has been planted
or otherwise permitted to grow on any property within the Town of
Riverhead prior to the effective date of this section may remain on
such property subject to compliance with this section.
(a)
Each bamboo owner shall be required to take such measures as
are reasonably expected to prevent such bamboo from invading or growing
onto adjoining or neighboring properties. Such measures shall include,
but not be limited to, installation of sheathing impenetrable by bamboo
at a sufficient depth within the property line or lines where the
running bamboo is planted or is growing to prevent the growth or encroachment
upon adjoining or neighboring property by the bamboo.
(b)
Liability for the costs of removal and/or abatement. The property
owner, or his agent, and/or person or business entity who occupies
the land shall be liable for the direct and indirect costs of abating
the nuisance and all expenses incidental thereto.
(3)
Exemption. Persons engaged in a recognized agricultural production
operation shall be exempted from this subsection and permitted to
plant, grow, and sell at wholesale or retail bamboo in accordance
with accepted farming practices.
A.
Notice. The Code Enforcement Official empowered to enforce this Code pursuant to Chapter 107, § 107-1, of this Code may notify the owners by notice of violation; such notice of violation shall be served upon such owner of said property in which a violation of the provisions set forth in § 251-22 of this article exists.
B.
Contents of notice. The notice shall contain a general description of the property, a statement of the particulars with regard to the condition of the violation existing upon the premises and an order requiring that the violation be abated. The notice shall specify a time, not less than 10 days after the service thereof, within which the owner served with such notice shall complete the abatement of the violation existing on such premises as specified in the notice. The notice shall further state that, in the event that the cited condition is not eliminated within the time specified in the notice, the Town shall undertake to enter upon the property, if necessary, to abate the condition of the violation specified in such notice and assess the cost of such removal against said property pursuant to the provision set forth in § 251-25 of this article.
C.
Service of notice. The notice may be served either personally or
by certified mail, addressed to the last known address, if any, of
the owner as the same may appear on the records of the Receiver of
Taxes of the Town; provided, however, that if such service is made
by certified mail, a copy of such notice shall also be posted on the
premises where such violation exists. Service of the notice by mail
and posting shall be deemed completed on the day on which both the
mailing and the posting will have been accomplished.
D.
Failure to comply. Upon failure of the owner of the premises in which a violation set forth in § 251-22 of this article exists and such owner fails to comply with the notice set forth herein within the time provided therein, the Town shall provide for such labor and materials as are necessary for abating such violation pursuant to the provisions of § 251-25 of this article.
A.
The Code Enforcement Official empowered to enforce this Code pursuant to Chapter 107, § 107-1, of this Code is hereby authorized and empowered to serve the owner and/or occupant of such premises with an appearance ticket for any violations of this article. Service of a court appearance ticket shall be served upon such owner or occupant of said property, by personal service.
A.
Failure to comply. Whenever a notice or notices are served as set forth in § 251-23 of this article and the owners shall neglect or fail to comply with such notices within the time provided therein, the Town Board shall authorize the work to be done and shall provide for the cost thereof to be paid from general Town funds as directed by resolution of the Town Board, pursuant to the authority provided under §§ 64 and 130 of the Town Law.
B.
Authority to remove. In the event that the owner and/or occupant of such land or premises shall fail to abate any violation as provided described in Subsection A, and in doing so causes such premises to be a nuisance in the Town, the Town Board shall have the authority, as provided for herein, to enter onto such premises where such violation exists, remedy such violation and to charge the cost or expense of such remediation against the owner and establish a lien in the manner herein provided.
C.
Assessment of costs and expenses, liens. All costs and expenses incurred
by the Town in connection with the abatement of a violation of this
article shall be assessed against the subject premises or lot. An
itemization of such costs shall be provided to the Town Board by the
Town Engineering Department. The total costs and expenses shall then
be determined by the Town Board and shall be reported to the Assessor
of the Town as the amount to be liened and assessed against the premises,
and the expense so assessed shall constitute a lien and charge on
the premises on which it is levied until paid or otherwise satisfied
or discharged and shall be collected in the same manner and at the
same time as other Town charges.
A.
Any person, association, firm or corporation, owner or occupant which
violates any provision of this article or assists in the violation
of any provision of this article shall be guilty of a violation, punishable
by:
(1)
A fine of not less than $250 and not exceeding $1,000 or by imprisonment
for a period not to exceed 15 days, or both, for conviction of a first
offense.
(2)
A fine of not less than $1,000 nor more than $3,000 or by imprisonment
for a period not to exceed 15 days, or both, for conviction of the
second of two offenses, both of which were committed within a period
of five years.
(3)
A fine of not less than $2,000 nor more than $5,000 or by imprisonment
for a period not to exceed 15 days, or both, for conviction of the
third or subsequent offenses of a series of offenses, all of which
were committed within a period of five years.
B.
Each week's continued violation shall constitute a separate additional
violation.
