[HISTORY: Adopted by the Town Board of the
Town of Brookhaven 6-16-1987 by L.L. No. 7-1987. Amendments noted where
applicable.]
§ 61-1 Intent.
§ 61-2 Scope; definitions.
§ 61-3 Notice to be posted.
§ 61-4 Required information.
§ 61-5 Notice to be based on current tax rate.
§ 61-6 Tax statement upon issuance of certificate of occupancy; fee.
§ 61-7 Advertising to contain information.
§ 61-8 Penalties for offenses.
§ 61-9 (Reserved)
§ 61-1 Intent.
A.
The Town Board of the Town of Brookhaven finds that
many of its citizens have been misled by exaggerated claims or failure
to provide adequate or sufficient information on the part of some
subdividers or their agents, employees or sales agents with respect
to estimated taxes with regard to homes situate in subdivisions and
the school district in which the property is located. It has also
been established that many purchasers of new homes located within
the Town of Brookhaven are unfamiliar with the provisions of the Brookhaven
Town Code relating to the construction, enlargement, alteration or
removal of buildings and structures located within the Town. As a
result of this situation, many persons who own homes located within
the Town of Brookhaven have in the past constructed, enlarged, altered
or removed portions of buildings or structures without applying for
the necessary building permits prior to commencing the subject renovations.
B.
It is the intent of this chapter to correct the aforesaid
abuses, to provide a guide for the majority of the subdividers within
the Town who deal with the public on a high plane of business integrity
and to provide adequate and sufficient information so that a prospective
homebuyer in this Town can make an informed and intelligent decision.
It is also the purpose of this chapter to provide prospective homeowners
with notice of the fact that, under the provisions of the Brookhaven
Town Code, no wall, structure, building, house or part thereof may
be built, enlarged, altered or removed until a building permit has
been issued authorizing the proposed work. It is hoped that this will
eliminate the high incidence of construction-related violations resulting
from the failure of prospective purchasers of new homes to be aware
of the provisions of the Town Code relating to building permits.
§ 61-2 Scope; definitions.
A.
This chapter shall apply to any person who offers
new homes for sale or who contracts for the construction of residential
homes on real property owned by him or in which he has a beneficial
interest, wherein such sales are made from a model house and/or from
a set of standardized plans used by such person.
§ 61-3 Notice to be posted.
All person coming within the provisions of § 61-2 of this chapter shall conspicuously post in every model house authorized to be constructed by the Town of Brookhaven or in their sales office located within the Town of Brookhaven, or in both, at least one notice containing the information required by § 61-4 of this chapter.
§ 61-4 Required information.
Each notice shall contain the following information:
A.
The current tax rate for county, Town, special district
or school taxes. The notice shall contain a statement that such tax
rate is subject to change in any given tax year. The tax rate shall
be the tax rate for the area in which the real property is located
or offered for sale, and in the event that the real property is located
or offered for sale in more than one school district or special district,
a separate notice shall be posted for each such separate school district
or special district and shall contain the information required by
this subsection.
B.
The estimated assessed valuation of the model house
or the house as offered on the plans and specifications, as approximated
by the Assessor of the Town of Brookhaven, with increments and deductions
indicated for various standardized options and deviations from the
basic model. The estimated assessed evaluation shall be the estimated
assessed valuation for the area in which the real property is located
or offered for sale, and in the event that the real property is located
or offered for sale in more than one school district or special district,
a separate notice shall be posted for each separate school district
or special district and shall contain the information required by
this subsection.
C.
The estimated county, Town, special district and school
taxes for the model house or the house as offered on the plans and
specifications, as approximated by the Assessor, with increments and
deductions indicated for various standardized options and deviations
from the basic model; the estimated county, Town, special district
and school taxes for the area in which the real property is located
or offered for sale, and if in more than one school district or special
district, a separate notice shall be posted for each such separate
school district or special district and shall contain the information
required by this subsection.
D.
A statement to the effect that information as to the
estimated assessed valuation for the model house, with increments
and deductions for other than standardized options and deviations,
will be available in the office of the Assessor upon request and submission
of a plan thereof.
E.
The designation of the school district within which
the real property lies.
F.
A statement to the effect that information as to the
zoning classification of the real property and all surrounding properties
is available upon request in the office of the Town Clerk, 205 South
Ocean Avenue, Patchogue, New York.
§ 61-5 Notice to be based on current tax rate.
Within one month following the beginning of any given tax year, the subdivider shall post a notice as required by § 61-3 herein containing all information as based upon the current tax rate for county, Town, special district and school district taxes.
§ 61-6 Tax statement upon issuance of certificate of occupancy; fee.
There shall be attached to every certificate
of occupancy issued by the Building Division of the Town of Brookhaven
for all residential structures a statement prepared by the Assessor
of the Town of Brookhaven setting forth the current tax rate for county,
Town, special district and school taxes for the area in which the
structure is located, the estimated valuation of such structure and
the estimated county, Town, special district and school taxes for
each such structure. Such statement shall indicate the dates when
the tax year begins and ends and that the tax rate may change during
any future tax year. Such statement shall be available in the office
of the Assessor of the Town of Brookhaven upon request and the payment
of a fee of $5.
§ 61-7 Advertising to contain information.
All advertising, brochures or other forms of written information distributed or caused to be distributed by any person regarding the sale or construction of homes coming within the scope of § 61-2 of this chapter and containing information as to real property taxes shall conform to the required information pursuant to §§ 61-3 and 61-4 of this chapter.
§ 61-8 Penalties for offenses.
It shall be unlawful for any person to fail to post the notice as required by § 61-3 hereof, to change any of the information contained on the notice, to fail to post a current notice as required by § 61-5 hereof or to distribute or cause to be distributed advertising, brochures or other written material containing information which does not conform to the information required to be posted pursuant to § 61-4 of this chapter. Any person found guilty of violating the provisions of this chapter shall be punished by a fine not to exceed $100 or imprisonment for a term not to exceed 15 days, or both.