A. 
Blighted property. The following conditions shall be factors in evaluating whether or not a property is designated as a blighted property:
(1) 
A determination a Code Enforcement Official, whether within the Building Department, Engineering Department, Fire Marshal's Office, or Town Attorney's Investigation Unit, that the property is in a condition which poses a serious threat to the safety, health, and or general welfare of the community, or the building or premises has any or all of the conditions or defects set forth in Section [A] 108.1.5 entitled, "Dangerous structure or premises" of the International Property Maintenance Code of New York State. (75 points).
[Amended 2-20-2019 by L.L. No. 6-2019]
(2) 
The owner of the property has been issued summonses and/or has been prosecuted for violation(s) of the Code of the Town of Riverhead, and such violations have not been corrected. (50 points)
(3) 
The property has attracted or been an instrument of illegal, noxious or deleterious activity as defined in Chapter 251, Article II, Public Nuisances, and/or in common law. (50 points)
(4) 
A determination has been made by the Fire Marshal that the conditions upon the property constitute a fire hazard. (50 points)
(5) 
The property is creating a substantial interference with the lawful use and/or enjoyment of other space within a structure/building or within the surrounding neighborhood. (50 points)
(6) 
There has been a cessation of normal construction of any building or structure for a period of more than two years. (50 points)
[Added 2-20-2019 by L.L. No. 6-2019[1]]
[1]
Editor's Note: This local law also redesignated former Subsection A(6) as Subsection A(8).
(7) 
The structure or building has been boarded for beyond one year (unless approved by the building code official having jurisdiction). (50 points).
[Added 2-20-2019 by L.L. No. 6-2019]
(8) 
The property is determined to be unmaintained based upon evidence of the persistent and continued existence of the following deleterious conditions:
(a) 
Boarded windows, doors, entryways or exits. (5 points)
(b) 
Broken or unsecured windows. (10 points)
(c) 
Broken or unsecured doors, entryways or exits. (10 points)
(d) 
Excessive litter or debris. (10 points)
(e) 
Overgrown grass at least 10 inches or higher or other overgrown vegetation or shrubbery. (10 points)
(f) 
More than one unregistered motor vehicle. (10 points) (See § 289-59B.)
(g) 
Broken, unsecured or in disrepair:
[1] 
Roof. (10 points)
[2] 
Gutters. (5 points)
[3] 
Siding/shingles. (10 points)
[4] 
Chimney. (10 points)
[5] 
Shutters. (5 points)
[6] 
Accessory structures including but not limited to: decks, sheds, porches, pools, pool houses or cabanas, garages, carports, storage units, front and rear porches, outside statuary, fish ponds. (15 points)
(h) 
Storage of junk vehicles. (15 points)
(i) 
Damaged, unsightly, unsecured or unpermitted signage or awnings. (15 points)
(j) 
Presence of graffiti. (10 points)
(k) 
Broken, unsecured or in-disrepair fencing. (10 points)
(l) 
Broken, unsecured or in-disrepair outdoor lighting fixtures. (5 points)
(m) 
Broken, exposed or hazardously utilized electrical wires, electrical equipment or extension cords. (15 points)
(n) 
Unfinished construction. (20 points)
(o) 
Damaged, dead or fallen trees or limbs. (10 points)
(p) 
Evidence of fire damage to the property which has not been repaired or restored. (10 points)
(q) 
Peeling or deteriorated paint. (5 points)
(r) 
Presence of stagnant water. (10 points)
(s) 
Open or unsecured wells, cesspools or cisterns. (15 points)
(t) 
Presence of vermin, rodent harborage and infestation. (30 points)
(u) 
Presence of any violation identified within this Part 6. (20 points)
(v) 
Presence within/upon an outdoor area of the improper storage of:
[1] 
Refrigerator, washing machine, sink, stove, heater, boiler, tank, other household appliances, boxes or indoor furniture for a period in excess of 72 consecutive hours. (10 points)
[2] 
Lumber, construction materials, dirt, debris, trash, garbage or uncovered refuse cans, accumulated refuse or garbage in covered refuse cans which is not timely or properly disposed of. (10 points)
B. 
Outdoor storage exemptions.
(1) 
Machinery installed within the rear setback areas for household or recreational use.
(2) 
The presence of refuse or trash cans, recycling bins or other debris which has been secured, placed or stored in compliance with this Code.
A. 
The Town Attorney's Investigation Unit shall be charged with reviewing complaints and conducting investigations in order to determine if blight exists at the subject property.
B. 
Once a property has been determined to be blighted, Code Enforcement shall prepare and send out notification letters to each property owner. Such notice shall be served by personal service upon the owner or person in charge of the affected building or structure; or, if no such person can be reasonably found, by mailing said owner such notice by means of certified mail, return receipt requested, to the last known address as shown by the records of the Town Assessor; and by securely affixing a copy of such notice upon the door of the affected building or structure.
C. 
Notice contents.
(1) 
The notice must contain a statement of the date(s) upon which an inspection was conducted on the property to determine blight, the address of the blighted property, the specific nature of the blight, a copy of this Part 6, the "point rating" review of the premises, the required annual registration fees and the property's placement on the Blighted Property Inventory List. Said notice shall further notify the owner that if no reasonable proof is offered establishing the property does not constitute a blighted property, said annual registration fee shall be added to the property tax bill for the premises after 30 days of receipt of said notice.
(2) 
Any notice to qualifying property owners must also contain an offer of the opportunity to enter into a restoration agreement with the Town.
D. 
Registration fees. After 30 days from the date of notice absent proof to the contrary the following registration fees shall be imposed:
(1) 
A registration fee of $5,000 shall be added to the tax bill for any commercial building or property.
(2) 
A registration fee of $2,500 shall be added to the tax bill for any residential building or property.
E. 
Any surplus administrative, mitigation or registration costs imposed by the Town shall be used to create a beautification fund, with the intent of financing the Town's revitalization and anti-blight efforts.
A. 
Property owner qualifications. In order to qualify to enter into a restoration agreement, the property owner must:
(1) 
Possess or have applied for a valid certificate of occupancy or letter of preexisting use as issued by the Town for the subject premises; and
(2) 
Have no other outstanding violations or complaints on file with Code Enforcement.
B. 
Restoration agreement contents. All restoration agreements shall include a definite plan for the resolution of any conditions existing on the blighted premises/corresponding property as identified by a code enforcement official in accordance with the definition of "blighted property" defined herein.
C. 
Such repairs and/or improvements shall be outlined on an explicitly fixed timeline.
D. 
Registration fee exemption. In consideration for entering into a restoration agreement with the Town, the property owner will be offered a full exemption from the annual registration fee(s).
E. 
Penalties for noncompliance with restoration agreement terms. Any property owner who does not complete the repairs and/or improvements outlined in a restoration agreement within the established timeline will be subject to the actions described in § 217-112.
Any entity and/or individual that purchases a property registered on the Town's Blighted Property Inventory List may be offered certain incentives from the Town.
A. 
All incentives are at the discretion of the AICP Building and Planning Administrator. The "rating" of the purchased property, the location of the purchased property, the degree of repair and development necessary, and the impact of the proposed project on the Town's economy are factors to be considered in the grant of an exemption.
B. 
Incentives may include, but are not limited to, twenty-five-percent reduction of certain permit and/or application fees to be collected by the Planning and Building Departments and/or an acceleration of the processing of certain permits as issued by the Planning and Building Departments.
C. 
Applicants must demonstrate the ability to pay for their proposed projects either through commitment letters for loans obtained from a commercial lender of their selection or through the availability of developer funds.
D. 
The environmental condition of the project site(s) and the applicant's liability and other insurance coverage must be considered by the Town before the approval of any incentives.
E. 
The timeframe applies to the time within which a property owner/developer submits an application with the Town of Riverhead Building Department. "Application" is defined as any building permit application, or an application to initiate an administrative process within the Planning Department which would enable the submission of a building permit application (such administrative processes include but are not limited to the application for a variance from the Zoning Board of Appeals and/or site plan review).
A. 
Failure to comply with a restoration agreement. Whenever the owners of a property shall fail to comply with an executed restoration agreement, the Town Board may 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 §§ 26 and 54 of the Town Law. Additionally, failure to comply with an executed restoration agreement shall result in the placement, or retention of the property on, the Blighted Property Inventory List and the imposition of the corresponding annual registration fees applicable for each year that the offending conditions exist or remain.
B. 
Authority to abate in the absence of a restoration agreement. In the event that an owner and/or occupant of such land or premises shall fail to abate any violation as described in the definition of "blighted property" contained herein, the Town Board, after consideration at a public hearing, may declare said premises to be a nuisance and, thereafter, the Town Board shall have the authority to enter onto such premises where such violation exists, to remedy such violation and to charge the cost or expense of such remediation against the owner and establish a lien in the manner provided herein.
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 Part 6 shall be provided to the Town Board by the Engineering Department. The total costs and expenses shall then be determined by the Town Attorney and shall be reported to the Receiver of Taxes as the amount to be assessed against the property, 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.
D. 
Persistent or ongoing blighted properties. Any property previously designated by the Town Board as a "blighted property" and placed upon the Blighted Property Inventory List wherein blighted conditions continue to persist, following a public hearing and upon a determination by the Town Board, will thereafter be deemed as a persistent blighted property, assessed the annual blighted property assessment fee, take any and all necessary actions to abate the blighted conditions, upon notice to the property owner by the office of the Town Attorney, registered or certified mail, return-receipt requested, to the last known address as shown by the records of the Town Assessor.