The Chief Building Inspector or such other official
of the Town of Brookhaven as may be designated by the Town Board,
upon notification that excavated lands and property may constitute
a hazard to public safety, shall make an inspection thereof and report
his findings concerning the same to the Town Board.
If, after a public hearing, the Town Board shall
determine that the existence of such excavated lands and property
constitute a hazard to public safety, it shall make an order directing
that notice be served by certified mail on the owner of record of
such land at the address shown on the last preceding assessment roll
of the Town of Brookhaven. Said notice shall contain a description
sufficient to identify the premises, a statement that it constitutes
a hazard to public safety and an order directing that said premises
be filled in by or on behalf of the owner within 30 days after service
of the notice.
In the event of the neglect or refusal of the
owner to comply with the foregoing order, the Town Board may designate
the Superintendent of Highways or such other appropriate official
of the Town of Brookhaven to fill in such excavated lands and property,
and the cost thereof shall be assessed against such lands and property
as herein provided.
All costs and expenses incurred by the Town
of Brookhaven hereunder shall be assessed against such lands and property
as follows: The Superintendent of Highways or such other appropriate
Town official as may be designated shall serve personally or by certified
mail upon the owner of such property at the same address a written
notice stating that, at a time and place specified therein, he will
assess such cost against such property. Such notice shall be served
at least eight days previous to the time specified therein. If directed
against a corporation, it may be served upon the corporation at its
principal place of business, upon an agent of the corporation within
the Town or upon the Secretary of State. Notice served upon the Secretary
of State shall be served at least 12 days previous to the time specified
therein. At the time and place so specified, he shall hear the parties
interested and shall thereupon complete the assessment, stating therein
the name of each owner and the amount so assessed, and shall return
such assessment to the Town Clerk, who shall present the same to the
Town Board. Such Town Board shall cause the amount stated herein to
be levied against such property, and any uncollected assessment shall
be a lien upon the land affected. Such amount shall be levied and
collected at the same time and in the same manner as other Town taxes
and shall be paid to the Supervisor of the Town to be applied in reimbursing
the fund from which such cost was defrayed.
All material used as fill shall be free from
garbage, refuse, offal, combustible or any other deleterious or unwholesome
matter.