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.