[HISTORY: Adopted by the Town Board of the Town of Brookhaven 6-16-1987 by L.L. No. 7-1987; amended in its entirety 11-13-2014 by L.L. No. 32-2014, effective 11-25-2014. Subsequent amendments noted where applicable.]
It is hereby declared by the Town Board of the Town of Brookhaven that all properties shall be maintained in conformity with the provisions of this chapter so as to assure the desirable character of the property, to prevent blight and the spread thereof and to prevent hazards to the public health, safety and welfare.
Surface and subsurface water shall be appropriately drained to protect buildings and structures, to prevent damage to adjacent property and to prevent the development of stagnant ponds.
Steps, walks, driveways, parking spaces and appurtenances and other paved areas shall be maintained so as to afford safe passage for pedestrian traffic and motor vehicle traffic under normal use and weather conditions. Holes or other hazards shall be immediately filled or otherwise repaired or replacements effected. All off-street parking facilities shall be swept.
All landscaping shall be maintained so that lawns, hedges, bushes and trees shall be kept trimmed and free from becoming overgrown and unsightly. When such lawns, hedges, bushes and trees shall die or otherwise be destroyed, they shall be replaced.
All garbage, crates, rubbish, refuse or debris shall be kept inside the building or buildings on the premises or in an acceptable enclosed container and shall be regularly collected and removed from the premises.
Yards, courts, play areas and vacant lots shall be kept clean and free of physical hazards. They shall be maintained in a manner that will prevent rubbish from being blown about the neighborhood. Open wells, cesspools or cisterns shall be securely closed or barricaded to prevent access by the public.
The owner of a vacated building shall take such steps and perform such acts as may be required of him from time to time to ensure that the building and its adjoining yards remain safe and secure and do not present a hazard to adjoining property or to the public.
A junked vehicle may not be parked, stored or left in the open but shall be stored in a suitable enclosed location inside a building or behind a fence which suitably screens such junked vehicles from view. A "junked vehicle," for the purposes of this chapter, shall mean an unregistered motor vehicle not suitable for operation as originally intended. Lack of a license plate affixed to a motor vehicle shall be presumptive evidence that the vehicle is unregistered.
All lights, lighting stanchions, utility poles and other appurtenances shall be suitably maintained in a safe condition so as to prevent hazards to the public health, safety and welfare.
Parking area maintenance.
All paving, repaving, sealing, striping, painting or signage changes to an existing off-street parking lot, area or facility must be performed in accordance with, and said lot, area or facility maintained in accordance with, the current accessible parking requirements of the Property Maintenance Code and Building Code of the State of New York.
Exterior surfaces of any and all buildings, structures and accessory structures, including but not limited to fences that are not inherently resistant to deterioration, shall be periodically treated with a protective coating of paint or other suitable preservative. All surfaces shall be maintained free of deterioration, including but not limited to broken or missing glass, loose or missing shingles or siding, crumbling brick, stone and mortar and peeling, scaling or deteriorated paint.
All landscaping and/or screening facilities shall be kept in good repair and condition. Where such landscaping and/or screening facilities are lacking, damaged or otherwise insufficient, the Town Board of the Town of Brookhaven shall have the right to direct appropriate agencies of the Town to erect, replace, repair or maintain or cause to be erected, replaced, repaired or maintained fences, trees, plantings or other landscaping and/or screening facilities after the owner of the land has been notified by registered mail at the address shown on the last previous assessment roll of the lack or insufficiency of or damage to the landscaping and/or screening facilities upon his land and if such landscaping and/or screening is not repaired, replaced or otherwise corrected by or on behalf of such owner 30 days after receipt of such notice. All costs and expenses incurred by the Town of Brookhaven in performing this work shall be assessed against the land on which such landscaping and/or screening facilities are located or will be located and shall be added to the tax bill applicable to said property for the next taxable period.
Legislative intent. The Town Board of the Town of Brookhaven hereby finds that many shopping centers located within the Town of Brookhaven have become eyesores due to poor maintenance and neglect, contain litter resulting from discarded handbills, beverage and food containers and are the source of litter blowing off premises to adjacent properties. It is the intent of this section to establish standards for the maintenance of landscaped areas, buffers and parking areas so as to improve the appearance of shopping centers located within the Town and reduce litter located thereon from blowing off the premises.
Definitions. For the purposes of this section, the following terms, phrases, words and their derivations shall have the meanings given herein:
- ACTUAL NOTICE
- The receipt by an owner or tenant of commercial property of written notice from any agency, department, board or division of the Town of Brookhaven describing the presence of litter on said property.
- COMMERCIAL PROPERTY
- Any property zoned J Business, J Business 2, J Business 3, J Business 4, J Business 5, J Business 6, J Business 7, L Industrial, L Industrial 1, L Industrial 2, L Industrial 3 or L Industrial 4 pursuant to Chapter 85 of the Code of the Town of Brookhaven.
- The visual inspection of all or a portion of a premises for litter.
Maintenance of landscaped and vegetated areas.
All landscaped and vegetated areas contained within commercial property shall be kept free and clear of litter. Said areas shall be policed not less than once each week by the owner or tenant of said shopping center, or his or her agent. All litter contained thereon shall be removed within 48 hours of receipt of actual or constructive notice of the presence of said litter.
All landscaped and vegetated areas indicated on an approved site plan shall be adequately watered, fertilized, pruned and otherwise maintained. Any dead vegetation shall be replaced.
Parking area maintenance. All parking areas and internal roadways contained within commercial property shall be kept free and clear of litter. Said areas shall be cleaned not less than twice each week by an employee or agent of the owner or tenant or within 48 hours of receipt of actual or constructive notice of the presence of litter, whichever shall be sooner. Pot holes shall be promptly filled, pavement shall be maintained so as to avoid deterioration, drainage facilities shall be operable and striping and signs shall be maintained in a visible manner and in conformance with the property's site plan and any other applicable laws, rules and regulations.
Fencing requirements. When local conditions such as prevailing winds, site topography and/or litter and debris history at a site warrant, the Commissioner of the Department of Planning, Environment and Development may direct and require that shopping center owners shall fence the exterior perimeter of their shopping center parking lot with a vinyl-covered chain-link fence approximately four feet in height. The design and location of said fence shall be submitted to the Commissioner of the Department of Planning, Environment and Development for approval prior to installation. A building permit and/or site plan approval shall not be required for said fence. The purpose of said fence is to contain litter and prevent it from blowing onto adjacent properties. In appropriate cases and where architectural reasons mitigate against using a chain-link fence, said Commissioner may permit the installation of a post-and-rail fence faced with "turkey wire." Said fence may be set back sufficiently from the edge of the parking area to avoid damage by parked cars. Any party aggrieved by any determination made by the Commissioner of Planning, Environment and Development hereunder may appeal such determination to the Board of Zoning Appeals in the form and manner provided by Chapter 85 of the Code of the Town of Brookhaven.
The requirements and penalties contained within this section shall be deemed in addition to any such requirements or penalties contained in any other section of Chapter 49 or of the Code of the Town of Brookhaven.
Violations. Failure by an owner or tenant to comply with § 49-4C and D, or failure by an owner of a shopping center to install the fence required by § 49-4E, shall be deemed a violation of this chapter. Each and every day during which a violation continues shall be considered a separate violation punishable as described below.
Every structure, including one-family and two-family residences, located within the Town of Brookhaven shall have an address number and/or lettering posted in a clearly visible location from the street or roadway fronting the property as designated by the US Postal Service and/or the Town of Brookhaven.
Address numbers and/or lettering on residential, including one-family, two-family residences and multifamily residences, shall be a minimum of four inches in height and must be placed within the three-foot perimeter of the front entrance of the dwelling.
In the event that the dwelling is more than 100 feet from the roadway, additional address numbers and/or lettering shall be displayed at the intersection of the roadway and driveway of the property.
Address numbers and/or lettering on commercial buildings shall be a minimum of six inches in height and must be placed in the center of the building where they can be easily read from the roadway.
In the event that the building is more than 100 feet from the roadway, the address numbers and/or lettering shall be a minimum of 12 inches in height.
No owner or occupant of property or person, corporation or other entity shall plant, install, or cause or permit the planting or installation of plant species upon any property, including one-family and two-family residences, located within the Town of Brookhaven, commonly considered to be classified as "running bamboo," hereinafter defined as any tropical or semi-tropical grasses with monopodial (leptomorph) rhizome (root) systems, including, but not limited, to the following plant genera: Arundinaria, Chimonobambusa, Phyllostachys, Pleioblastus, Pseudosasa, Sasa, Sasaella, and Semiarundinaria.
Duty to confine bamboo. In the event any species commonly considered to be classified as "bamboo," either "running" or "clumping," hereinafter defined as any tropical or semi-tropical monopodial (leptomorph) or sympodial (pachymorph) grasses, including, but not limited to, Arundinaria, Bambusa, Chimonobambusa, Dendrocalamus, Fargesia, Phyllostachys, Pleioblastus, Pseudosasa, Sasa, Sasaella, and Semiarundinaria, is located upon any property, including one-family and two-family residences, within the Town of Brookhaven, the owner or occupant of said property shall confine such species to prevent the encroachment, spread, invasion or intrusion of same onto any other property or right-of-way.
Notice. The Town of Brookhaven shall notify the owner or occupant of the property which is in violation of Subsection A or B above and the notice shall specify a time, not less than 15 days, to comply with the provisions therein. Said notice shall be in writing and served personally or by certified mail. Service shall be deemed complete on the day the delivery or mail is completed.
Presumption. In the event any species commonly considered to be classified as "bamboo" is found to have encroached, spread, invaded, or intruded upon any other property or right-of-way, said species shall be presumed to be classified as "running bamboo." This presumption shall be rebuttable.
Any person or corporation violating any of the provisions of this chapter, except § 49-2I, § 49-5 and § 49-6, shall be deemed guilty of a violation and, upon a first conviction, shall be punished by a fine of $500 to $2,000 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment; upon a second or subsequent conviction, by a fine of $1,000 to $3,000 or by a maximum period of imprisonment not to exceed six months, or by both such fine and imprisonment. For purposes of this subsection, a second violation shall be prosecuted as a Class B misdemeanor. Each week's continued violation shall constitute a separate additional violation.
Any person or corporation violating any provision of § 49-6 shall be deemed guilty of a violation and, upon a first conviction, shall be punished by a fine of $500 to $2,000; upon a second or subsequent conviction, by a fine of $1,000 to $3,000. For purposes of this subsection, a second violation shall be prosecuted as a Class B misdemeanor. Each week's continued violation shall constitute a separate additional violation.
Any person or corporation violating any provision of § 49-2I shall be deemed guilty of a violation and, upon a first conviction, shall be punished by a fine of $2,000; upon a second or subsequent conviction, by a fine of $2,000 to $3,000. For purposes of this subsection, a second or subsequent violation shall be prosecuted as a Class B misdemeanor. Each week's continued violation shall constitute a separate additional violation.
Any person or corporation violating any provision of § 49-5 shall be deemed guilty of a violation and, upon a first conviction, shall be punished by a fine of not more than $50; upon a second or subsequent conviction, by a fine of not more than $75. Each day's continued violation shall constitute a separate additional violation.