[Adopted 1-20-1970 by Ord. No. 69-CE-21 (Ch. 6 of the 1969 Code of the Town of Huntington); amended in its entirety 6-4-2002 by L.L. No. 18-2002]
It is hereby declared by the Huntington Town Board that construction projects involving excavations or trenching which are left open, unsecured or improperly barricaded, or piles of fill or other materials which are left or placed in an unsafe manner are nuisances and create an enormous hazard to the public and young children in particular who may be attracted to the site and do not appreciate the inherent danger. By this legislation the Town Board desires to place the burden of stabilizing such sites and corresponding liability upon the owners, operators and occupiers of private property in all zoning districts, and their agents and/or contractors, who are, in the first instance, aware of the hazard and can correct the danger in an expedient manner.
It shall be unlawful for any person or business entity to leave, cause, suffer, permit and/or maintain a pile of fill or other material, or an excavation or trench created or maintained 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, work or repair in an open, or unsecured, or dangerous, or hazardous condition or place. Such pile, excavation or trench shall be effectively and properly fenced, shored or barricaded to prevent the creation and/or maintenance of an unsafe or hazardous condition or injury to persons.
[Amended 7-1-2003 by L.L. No. 26-2003; 5-8-2007 by L.L. No. 16-2007]
A. 
The Director of Engineering Services, or his/her designee, may and is empowered to enter upon the premises for the purpose of inspecting the site if, in his/her sole discretion, an unsafe, hazardous and/or dangerous condition exists thereat. Whenever the Director of Engineering Services or his/her designee finds, in his/her discretion, that a certain construction site, excavation, pile, trench or area on private property is defective, hazardous, unsafe or endangers the health, safety and/or welfare of the public, and/or is a nuisance, the Director may order the owner, or occupant, or tenant, or person in charge and/or the agent, servant or contractor thereof to remedy the dangerous and/or defective condition to his/her satisfaction within twenty-four (24) hours or said condition may be remedied by the Town and the costs thereof filed as a lien against the property if not paid to the Town. Upon the failure, neglect and/or refusal of the owner, occupier, tenant, person in charge, agent, servant or contractor to remedy, abate and/or remove the hazard or nuisance to the satisfaction of the Director, the Director shall report his findings and recommendations to the Town Supervisor who, upon such findings, may declare such hazard or nuisance a detriment to the health, safety and general welfare of the people of the Town of Huntington and declare that an emergency exists, and that immediate action is warranted to remove and/or remedy the condition. Such declaration by the Supervisor shall constitute a directive to the Director of Engineering Services, or his/her designee, agents and/or servants, to enter upon said private property, upon reasonable notice, and to cause the dangerous or unsafe condition or nuisance to be remedied, removed and/or abated.
B. 
Any deviation from the site plan filed with or approved by the Department of Engineering Services, Department of Planning and Environment, Town Board, Planning Board or Zoning Board of Appeals, shall create a presumption that a nuisance or hazard exists.
C. 
Nothing contained in this subsection is intended to prevent the Director of the Department of Public Safety, or his/her designee, from issuing summonses to any person or business entity who commits an act in violation of any provision of this article.
D. 
In the event a declaration of emergency is issued by the Town Supervisor, the Director of Engineering Services, or his/her designee, agents and/or servants shall take any action he/she deems advisable or necessary to remove, remedy and/or abate the hazard and/or nuisance, including but not limited to fencing, excavating, filling, demolishing, planting, slope stabilization, construction of temporary walls, shoring embankments, constructing temporary drainage or sewage facilities, temporary paving, pumping or other work deemed necessary by the Director.
E. 
Any person or business entity who shall resist, obstruct or impede the agents, servants, officers and/or employees of the Town of Huntington in the remediation, abatement or removal process shall be in violation of this article and subject to the fines and penalties provided herein.
F. 
The owner of the property, his agent, the contractor and/or the occupier of the land shall be liable for all direct and indirect costs incurred by the Town of Huntington for the removal, abatement, disposal and/or remediation of the hazard or nuisance. In addition, the owner, his agent, the contractor and/or occupier of the property shall be liable for an administrative fee equal to twenty-five (25%) percent of the total cost of said removal, disposal, abatement and/or remediation process. Said fee is intended to reimburse the Town for monies and time expended by its employees in abating the hazard or nuisance and collecting the sums due, including but not limited to, the cost of notifying the appropriate parties, certifying the amount due to the Town, and/or charging same against the property.
G. 
The costs incurred by the Town shall be certified by the Director of each Town department providing services and the Town Attorney shall mail written notice of such costs by certified or registered mail, return receipt requested, to the owner of the premises at the last address shown on the most current assessment roll on file in the Office of the Town Assessor, or to the owner's agent at the last known address, or to the contractor, and/or to the occupier of the premises at the location of the property. Said notice shall further state that upon the failure of the property owner, his agent, the contractor and/or occupier to pay such sums within ten (10) days of receipt of such written notice by cash, certified or bank check, or money order. shall be sufficient cause to add the amount due to the tax bill without further notice.
H. 
Recovery of costs; tax lien. In the event the property owner, his agent, the contractor and/or the occupier of the land fails, refuses and/or neglects to pay the monies due and owing to the Town within said ten-day period, or if the mailing is returned by the Post Office because of the inability to make delivery for any reason, as long as the notice was properly addressed, such certification of costs shall be provided to the Town of Huntington Tax Receiver who shall cause the costs as shown thereon to be charged against such lands without further notice. The amount so charged shall forthwith become a lien against such lands and shall be added to and become part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
[Added 7-1-2003 by L.L. No. 30-2003; amended 5-8-2007 by L.L. No. 16-2007; 7-21-2020 by L.L. No. 19-2020]
(A) 
Legislative intent. It is the intention of the Town Board to protect the health, welfare and safety of the public and surrounding properties, both private and public, from health and safety hazards and nuisances created by construction activities on lands within the Town of Huntington and to aggressively pursue the abatement, remediation and removal of hazardous and unsafe conditions. In order to accomplish this goal, the Town Board is exercising its authority pursuant to § 10(1)(ii)(a)(11) and (12) and § 10(1)(ii)(d)(3) of the Municipal Home Rule Law, and any other applicable provision of law now or hereinafter enacted, to supersede and/or expand upon the applicable provisions of § 130(15-a) of Town Law in all respects, and any other applicable provision of law now or hereinafter enacted.
(B) 
In lieu of the actions authorized in § 156-14 of this article, the Town may take the following actions:
(1) 
Notice to remove. In addition to issuing a notice of violation, appearance ticket and/or a summons, the Director of Public Safety, or his/her designee, is authorized to notify the property owner, or his agent, and the occupier of the premises in writing to remove, remedy or abate the prohibited property condition as outlined in this Article. Such notice shall be mailed by regular and certified or registered mail, return receipt requested, and addressed to the property owner at the last address shown on the most current assessment role on file in the Office of the Town Assessor, or to the owner's agent at the last known address, and to the person or business entity occupying the premises at the property location. If the notice is returned by the Post Office as undeliverable for any reason, as long as it was properly addressed, service of the notice shall be valid. The notice shall contain a statement or the dates(s) upon which an inspection was conducted on the property to determine the presence of a prohibited property condition, the property address, and the specific nature of the prohibited property condition. The notice shall notify the property owner, or his agent, and the occupier of the property that upon their failure to remedy or abate the prohibited property condition within twenty-one (21) calendar days of receipt of such written notice; or failure respond to the notice, in writing, within ten (10) calendar days of receipt of such notice disputing the existence of a prohibited property condition as outlined herein; the Town, through its contractors or otherwise, shall remove, remedy or abate the prohibited property condition at the owner's own cost and expense. Said notice shall further advise that such period may be extended by written request, to the Director of Public Safety or his/her designee, for good cause shown, so long as the request is received within twenty-one (21) calendar days of receipt of such notice and is accompanied by satisfactory proof that remedial measures have been started. In the event the Town receives a notice of dispute concerning the Town's findings, the Director of Public Safety, or his/her designee, shall review the document and shall make a determination to accept or reject, in whole or in part, such notice of dispute within five (5) business days of receipt of such communication. In the event that the Director or his designee rejects the notice of dispute, the Town shall immediately abate the prohibited property condition. If the Town or its agents abate the prohibited property condition, all costs associated with such work, together with a surcharge as outlined herein, shall be borne by the property owner, and if unpaid, shall become a lien and charge upon the premises and collected in the same manner and at the same time as property taxes.
(2) 
Action upon noncompliance. Upon the failure, neglect or refusal of such owner, his agent, or person or business entity occupying the premises to remove, remedy or abate the prohibited property condition as outlined in this Article within the specified period of time; or if the mailing is returned by the Post Office because of the inability to make delivery for any reason, as long as the notice was properly addressed, the Director of Public Safety, or his/her designee, shall direct the Department of General Services or other appropriate Town personnel to enter the property to take all necessary action to remove or abate the prohibited property condition at the expense of the property owner as set forth in this section.
(3) 
Any person or business entity who resists, obstructs or impedes the agents, servants, officers and/or employees of the Town of Huntington in the remediation or removal process shall be in violation of this chapter and shall be subject to the fines and penalties provided herein.
(4) 
Liability for the costs of removal and/or abatement. The property owner, his agent, and/or person or business entity occupying the land shall be liable for the direct and indirect costs of abating the accumulation, hazard or nuisance and all expenses incidental thereto, including but not limited to, a two hundred dollar ($200) surcharge for administrative costs. Said surcharge is intended to reimburse the Town for the monies and time expended by its employees in abating the accumulation, hazard or nuisance and collecting the sums due, including but not limited to, notifying the appropriate party, certifying the amounts due to the Town, and/or charging same against the property.
(5) 
The costs incurred by the Town as set forth in this Article shall be certified by the Department of General Services or other appropriate Town personnel providing services and the Town Attorney shall mail written notice of such costs by certified or registered mail, return receipt requested, to the owner of the premises at the last address shown on the most current assessment role on file in the Office of the Town Assessor, or to the owner's agent at the last known address, and/or to the occupier of the premises at the location of the property. Said notice shall further state that upon the failure of the property owner, his agent, and/or occupier to pay such sums within ten (10) days of receipt of such written notice by certified or bank check, or money order, shall be sufficient cause to add the amount due to the tax bill without further notice.
(6) 
Recovery of costs; tax lien. In the event the property owner, his agent and/or the occupier of the land fails, refuses and/ or neglects to pay the monies due and owing to the Town within said ten- day period, or if the mailing is returned by the Post Office because of the inability to make delivery for any reason, as long as the notice was properly addressed, such certification of costs shall be provided to the Town of Huntington Tax Receiver who shall cause the costs as shown thereon to be charged against such lands without further notice. The amount so charged shall forthwith become a lien against such lands and shall be added to and become part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
(7) 
In the event the sums due and owing to the Town are not charged against such lands as provided for herein, the Town may maintain a civil action to recover such sums against the owner of the land and/or any other responsible party.
[Amended 7-1-2003 by L.L. No. 26-2003; 11-6-2019 by L.L. No. 56-2019]
(A) 
In addition to the costs assessed against the property pursuant to this article, any person or business entity who commits or permits any acts in violation of any provision of this article shall be deemed to have committed an offense against this article, and upon conviction thereof, shall be subject to a fine of not less than five hundred ($500) dollars and not more than two thousand five hundred ($2,500) dollars. Each day, or part thereof, such violation continues or is permitted to exist shall constitute a separate offense, punishable in like manner. Any person or entity found by the Bureau of Administrative Adjudication to have violated any provision of this article shall likewise be subject to a monetary penalty in an amount within the range of fines authorized herein for any offense or continuing offense.
(B) 
In addition to the penalties set forth above, the Town Attorney may maintain an action in the name of the Town in a court of competent jurisdiction for civil penalties in the sum of not less than five hundred ($500) dollars nor more than two thousand five hundred ($2,500) dollars per day for each violation of this article.
(C) 
In addition to the penalties set forth above and any other remedy available to the Town, the Town Attorney may commence an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this article, and/or to recover legal fees.
(D) 
In the event the sums due and owing to the Town are not charged against such lands as provided in this article, the Town Attorney may maintain a civil action in the name of the Town in a court of competent jurisdiction to recover such sums against the owner of the land and any other responsible party.