This chapter shall be known as the "Unsafe Buildings, Premises
and Property Maintenance Law of the Town of Southold."
The purpose of this chapter is to promote the conservation of
property and property values and character of the community by addressing
the cumulative impacts of property neglect. Further, this law will
eliminate safety and health hazards, unsightly conditions, environmental
public nuisances, dangerous obstruction to emergency vehicle access,
the erosions of property values and the erosion of the quality of
life by all residents in broad proximity of the neglected property(s).
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings as herein defined.
Any word or term not noted below shall be used with a meaning as defined
in Webster's Third New International Dictionary of the English
Language, unabridged (or latest edition).
DUMPSTER
A litter storage and collection container of one cubic yard
or greater in capacity, which is mechanically emptied or removed.
[Added 1-31-2017 by L.L.
No. 1-2017]
EXTERIOR PROPERTY
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
GARBAGE
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
JUNKED VEHICLE
Any vehicle, including a trailer, which is without a currently
valid license plate or plates and is in such a rusted, wrecked, discarded,
dismantled, partly dismantled, inoperative or abandoned condition
as to be no longer intended or in condition for legal use on the public
highways.
LAND
The term "land" and "property" shall have the same meaning
as "premises" as defined herein.
LITTER
Garbage, refuse and rubbish and all other waste material
which, if thrown or deposited upon the ground, tends to create a danger
to public health, safety and welfare or tends to create blight.
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; 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, association, firm, syndicate, company, trust,
corporation, department, bureau or agency or any other entity recognized
by law as the subject of rights and duties.
PREMISES
A lot, plot or parcel of land, easement or public way, including
any structures thereon.
RUBBISH
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as, but not limited to, paper wrappings,
cardboard, tin cans, wood, glass, bedding, and crockery.
The notice referred to in §
100-6 hereof shall contain the following:
A. A description of the premises.
B. A statement of the particulars in which the premises, building or structure is unsafe or dangerous or is in violation of any one or more of the provisions under §
100-4A.
C. An order requiring the premises, building or structure to be made safe and secure or removed, or if there is a violation of §
100-4A, an order to remedy.
D. A statement that the securing or removal of the building or structure or the rehabilitation of the premises shall commence within 10 days from the date of the service of the notice and shall be completed within 30 days thereafter. If a violation of any one or more of the provisions under §
100-4A is cited, a statement that remediation of the violation must be completed within 10 days from the date of service of the notice. The Building Inspector may extend the time of compliance specified in the notice where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. In granting any such extension of time, the Building Inspector may impose such conditions as he may deem appropriate.
E. A statement that, in the event of the neglect or refusal of the person served with notice to comply with the same, a hearing will be held before the Southold Town Board, notice of which and the time and place thereof to be specified in the notice to the owner referred to in §
100-6 hereof. No hearing is required if the only violation alleged is pursuant to §
100-4A.
F. A statement that, in the event that the Town Board, after the hearing specified in §
100-7E hereof, shall determine that the premises, building or structure is unsafe or dangerous to the public, the Town Board may order the building or structure to be repaired, made safe and/or secured or taken down and removed. In the case of an unsafe premises, the Town Board may order the premises rehabilitated and made safe.
G. A statement that, in the event that the premises, building or structure
shall be determined by the Town to be unsafe or dangerous and in the
event of the neglect or refusal of the owner to make safe, repair
or remove the same within the time provided, the Town may remove such
building or structure or make safe the premises by whatever means
it deems appropriate and assess all costs and expenses incurred by
the Town in connection with the proceedings to remove or secure, including
the cost of actually removing said building or structure, against
the land on which said buildings or structures are located.
A copy of the notice referred to in §
100-7 hereof may be filed with the County Clerk of the county within which such premises, building or structure is located, which notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this section. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a judge or justice of a court of record or upon the consent of the Town Attorney. The clerk of the county where such notice is filed shall mark such notice and any record or docket thereof as canceled of record, upon the presentation and filing of such consent or of a certified copy of such order.
If the Building Inspector determines in his inspection of any
premises, building or structure that there is actual and immediate
danger of failure or collapse so as to endanger life, he shall promptly
require the premises, building, structure or portion thereof to be
vacated forthwith and not to be reoccupied until the specified repairs
are completed, inspected and approved by the Building Inspector. For
this purpose, he may enter such premises, building or structure, or
land on which it stands or adjoining land or structures with such
assistance and at such cost as may be necessary. He may also order
adjacent structures to be vacated and protect the public by appropriate
barricades or such other means as may be necessary and for this purpose
may close a private or public right-of-way. The Building Inspector
shall cause to be posted at each entrance to such premises, building
or structure a notice stating, "This building (or premises, if applicable)
is unsafe and its use or occupancy has been prohibited by the Building
Inspector." Such notice shall remain posted until the required rehabilitation,
repairs are made or demolition is completed. It shall be unlawful
for any person, firm or corporation or its agents or other persons
to remove such notice without written permission of the Building Inspector
or for any person to enter the building except for the purpose of
making the required repairs or the demolition thereof.
All costs and expenses incurred by the Town of Southold in connection with any proceeding or any work done to remove the danger or in connection with the demolition and removal of any such building or structure, or any work done to abate any violation of provisions under §
100-4A of this chapter, shall be assessed against the land on which such building or structure is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner thereof, with the assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Southold.
If any clause, sentence, paragraph, section, or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, the judgment shall not affect the validity of this chapter
as a whole or any part thereof other than the part so decided to be
unconstitutional or invalid.
This chapter shall take effect immediately upon filing with
the Secretary of State as provided by law.