For purposes of this chapter, the following words shall have
the following meanings:
BLIGHTED PROPERTY
An improved or vacant property which meets or exceeds a point
value of 100 points as set forth within this chapter.
DEFACEMENT
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.
DILAPIDATED
Extreme disrepair such that a structure or dwelling unit
or commercial space is unfit or unsafe for habitation or occupancy.
GRAFFITI
Any inscription, figure, mark or design which is written,
etched, scratched, painted, drawn or applied to property.
JUNKED VEHICLE
An unregistered motor vehicle not suitable for operation.
LEGAL OCCUPANCY
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.
NEIGHBORHOOD
An area of the Town of Brookhaven defined by its residents
and its distinctive characteristics.
VACANT
A period of 60 days or longer during which a building or
structure, or part thereof, or land is not legally occupied.
UNIT
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)
B. The owner of the property has been issued summonses and/or has been prosecuted for violation(s) of Chapter
16, Chapter
45, Chapter
73, Chapter
82 and Chapter
85 of the Code of the Town of Brookhaven on the property, and such violation(s) has not been corrected. (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)
(6) More than one unregistered motor vehicle. (5 points) (See §
45-6.)
(7) Broken, unsecured and/or in disrepair:
(c)
Siding/Shingles. (10 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:
(a)
Refrigerator, washing machine, sink, stove, heater, boiler,
tank, other household appliances, boxes and/or indoor furniture for
a period of in excess of 72 consecutive hours. (10 points)
(b)
Lumber, construction materials, dirt, debris, trash, and/or
garbage. (10 points)
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.
[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.