[HISTORY: Adopted by the Town Board of the Town of Brookhaven 12-16-2014 by L.L. No. 33-2014, effective 12-23-2014. Amendments noted where applicable.]
A.
It is the intention of the Brookhaven Town Board to protect the public
health, safety and welfare by authorizing the establishment of procedures
to identify, abate and eliminate the presence of blight upon properties
throughout the Town.
B.
Scope and applicability.
(1)
Scope. The provisions of this chapter shall apply to all properties
within the unincorporated portions of the Town of Brookhaven, residential,
and commercial, and constitute the requirements and standards for
such property.
(2)
Applicability. The provisions of this chapter shall be deemed to
supplement applicable state and local laws, ordinances, codes and
regulations. Nothing in this chapter shall be deemed to abolish, impair,
supersede or replace existing remedies of the Town, county, or state
or the 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 chapter and any
applicable state or local law, ordinance, code or regulation, the
more restrictive or stringent provision or requirement shall prevail.
C.
Creation or maintenance of blighted property prohibited. No owner,
agent, tenant, business entity, voluntary association, nonprofit organization,
or person in control of real property located within the Town of Brookhaven
shall allow, create or maintain, or cause to be created or maintained,
any blighted property.
For purposes of this chapter, the following words shall have
the following meanings:
An improved or vacant property which meets or exceeds a point
value of 100 points as set forth within this chapter.
Any mark or disfigurement of any face or surface that disfigures,
injures, spoils or otherwise alters the appearance of property without
the consent and express permission of the owner or proprietor thereof,
or in the case of public property, of the person having charge, custody
or control thereof.
Extreme disrepair such that a structure or dwelling unit
or commercial space is unfit or unsafe for habitation or occupancy.
Any inscription, figure, mark or design which is written,
etched, scratched, painted, drawn or applied to property.
An unregistered motor vehicle not suitable for operation.
Occupancy that exists by virtue of fee ownership, a bona
fide lease agreement, a rent receipt or, if necessary, a utility statement,
and which occupancy is in compliance with federal, state local laws,
local zoning, local housing, and all other pertinent rules, regulations
and codes.
An area of the Town of Brookhaven defined by its residents
and its distinctive characteristics.
A period of 60 days or longer during which a building or
structure, or part thereof, or land is not legally occupied.
A parcel of land with no structure(s) thereon.
Any space within a building that is or can be rented by or
to a single person or entity for his/her/its sole use and is intended
to be a single distinct space.
Blighted property: The following conditions shall be factors
in evaluating whether or not a property is designated as blighted
property:
A.
A determination by the Town Attorney or his/her designee that the
property is in a condition which poses a serious threat to the health,
safety and/or general welfare of the community. (50 points)
C.
The property has attracted or been an instrument of illegal, noxious or deleterious activity as defined in Chapter 49B, Nuisance Abatement and/or in common law. (50 points)
D.
A determination has been made by the Fire Marshal that the conditions
upon the property constitute a fire hazard. (50 points)
E.
The property is determined to be unmaintained by the Town Attorney
or his/her designee based upon evidence of the persistent and continued
existence of the following deleterious conditions:
(1)
Boarded windows, doors, entryways or exits. (5 points)
(2)
Broken or unsecured windows. (10 points)
(3)
Broken or unsecured doors, entryways or exits. (10 points)
(4)
Excessive litter and/or debris. (10 points)
(5)
Overgrown grass at least 12 inches and/or higher or other overgrown
vegetation or shrubbery. (10 points)
(7)
Broken, unsecured and/or in disrepair:
(a)
Roof. (10 points)
(b)
Gutters. (5 points)
(c)
Siding/Shingles. (10 points)
(d)
Chimney. (10 points)
(e)
Shutters. (5 points)
(f)
Accessory structures, including, but not limited to: decks,
sheds, porches, pools, pool houses or cabanas, garages, carports,
storage units, front and rear porches. (15 points each structure)
(8)
Junk vehicles. (2 points per vehicle)
(9)
Damaged, unsightly, unsecured or unpermitted signage or awnings.
(15 points)
(10)
Presence of graffiti. (10 points)
(11)
Broken, unsecured or in disrepair outdoor lighting fixtures. (5 points)
(12)
Broken, unsecured or in disrepair fencing and gates. (10 points)
(13)
Broken, exposed or hazardously utilized electrical wires, electrical
equipment and/or extension cords. (15 points)
(14)
Unfinished construction. (20 points)
(15)
Damaged, dead or fallen trees and/or limbs. (10 points)
(16)
Evidence of fire damage to the property which has not been repaired
or restored. (30 points)
(17)
Peeling or deteriorating paint. (5 points)
(18)
Presence of stagnant water. (10 points)
(19)
Open or unsecured wells, cesspools and/or cisterns. (10 points)
(20)
Presence of vermin, rodent harborage and infestations. (30 points)
(21)
Presence of and/or upon an outdoor area:
Once a property has been determined to be blighted, the Town
Attorney or his/her designee shall prepare and serve notification
upon the owner or some one of the owner's executors, legal representatives,
agents, lessees or any other person having a vested or contingent
interest in the property as shown by the records of the Receivers
of Taxes and/or in the office of the County Clerk or County Registrar.
A.
Such notice shall contain a description and address of the property,
a copy of this chapter, a statement of the particulars and specific
nature in which the property is blight, the point rating review of
the property, and an order requiring the same to be corrected. Said
notice shall specify a time, not less than 30 days after the service
thereof, within which the owner or some one of the owner's executors,
legal representatives, agents, lessees or other person having a vested
or contingent interest in the premises as hereinbefore specified served
with such notice must commence correction of the violation(s).
B.
If said violations are not remedied within the time period allotted,
the notice shall state a date wherein a hearing will be held wherein
the owner or some one of the owner's executors, legal representatives,
agents, lessees or other person having a vested or contingent interest
in the premises as hereinbefore specified will be given an opportunity
to be heard.
C.
The notice shall state that in the event the owner or some one of
the owner's executors, legal representatives, agents, lessees
or other person having a vested or contingent interest in the premises
as hereinbefore specified fails to appear and contest the blight determination,
the Town shall undertake to enter the property, remove and/or repair
the violations and assess the cost of such removal or repair against
the property.
[Amended 12-19-2019 by L.L. No. 24-2019, effective 12-31-2019]
Such notice may be served either personally
or by registered or certified mail addressed to the last known address,
if any, of the owner or some one of the owner's executors, legal
representatives, agents, lessees or other person having a vested or
contingent interest in the premises as hereinbefore specified; provided,
however, that if such, service be made by registered mail, a copy
thereof shall also be posted on the premises where the specified blight
is located.
A.
Failure to abate violations. In the event an owner or some one of
the owner's executors, legal representatives, agents, lessees
or other person having a vested or contingent interest in the premises
as hereinbefore specified shall fail to comply with a notice to abate
any violation(s) as described in the notice, after an opportunity
to be heard, the Town or its designee shall have the authority to
enter onto such premises where such violation exists, and abate, repair
or remove such violations pursuant to the authority provided under
§ 64 and § 130 of the Town Law and charge the
cost or expenses of such remediation against the owner and establish
a lien in the matter provided herein.
B.
Assessment of costs and expenses; liens. All costs and expenses incurred
by the Town in connection with the abatement of a violation of this
chapter shall be provided to the Town Board by the Law Department.
The total costs and expenses shall then be determined by the Town
Attorney and/or his/her designee and audited by the Town Board and
shall be reported to the Assessor of Taxes as an amount to be levied
and assessed against said premises as an assessment for an improvement
to be included in the next succeeding assessment roll of the Town
of Brookhaven to be thereafter prepared, 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.
