Town of Southampton, NY: Property Maintenance

§ 261-1 Declaration of policy; standards.

[Amended 8-13-2002 by L.L. No. 32-2002; 1-28-2003 by L.L. No. 5-2003]

Consistent with the New York State Uniform Fire Prevention and Building Code and the standards contained therein, it is hereby declared by the Town Board of the Town of Southampton that all improved 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. Properties used for bonafide agricultural production shall not be construed as improved properties for purposes of this chapter.

Standards.

(1)

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. Swimming pools, spas, hot tubs and other structures erected for recreational use shall be maintained so as to avoid the stagnation of the water contained therein.

(2)

Stops, 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 be effected. All off-street commercial parking facilities paved with impervious materials shall be swept and shall have properly maintained visible pavement markings.

(3)

All landscaping shall be maintained so that lawns, hedges, bushes and trees shall be kept trimmed and free from becoming overgrown and unsightly, constituting an unsafe condition or blight. In addition, all leaves and brush collecting on the public right-of-way shall be kept out of the Town’s right-of-way directly adjacent to a property, except to the extent that said leaves may be properly disposed of pursuant to the Highway Department’s spring and fall cleanup program. Leaves and brush not properly disposed of pursuant to the Program rules, available online and from the Highway Department, shall constitute a violation of this chapter pursuant to § 261-2 herein.

[Amended 5-13-2014 by L.L. No. 16-2014]

(4)

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.

(5)

No portable storage unit or receptacle shall be permitted on a residential parcel for more than two weeks, unless the property benefits from an open and valid building permit. If the property benefits from an open and valid building permit, said portable storage unit may remain until either the building permit expires, or a certificate of occupancy and/or compliance is issued for the work described in the permit, whichever occurs first. Thereafter, the portable storage unit must be removed.

[Added 12-8-2009 by L.L. No. 59-2009[1]]

[1]

Editor's Note: This local law also redesignated former Subsection B(5) through (11) as Subsection B(7) through (13), respectively.

(6)

No dumpster shall be permitted in the front yard or side yard of a residential property for more than four weeks, unless the property benefits from an open and valid building permit. If the property benefits from an open and valid building permit, said dumpster may remain in the front yard or side yard until either the building permit expires, or a certificate of occupancy and/or compliance is issued for the work described in the permit, whichever occurs first. Thereafter, the dumpster must be removed.

[Added 12-8-2009 by L.L. No. 59-2009]

(7)

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.

(8)

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.

(9)

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 be defined as any vehicle, including a trailer, which is without a currently valid license plate or plates and is in such a rusted, wrecked, discarded, dismantled, partly dismantled, inoperative or abandoned condition as to be no longer intended or in condition for legal use on the public highways. The Building Inspector shall make the final determination as to whether any particular vehicle shall be classified as a "junked vehicle," consistent with Chapter 316 of the Town Code.

(10)

All lights, lighting stanchions, utility poles and other appurtenances situated on commercial property shall be suitably maintained in a safe condition so as to prevent hazards to the public health, safety and welfare.

(11)

Exterior facades shall at all times be kept free of graffiti or any other defacement.

(12)

All properties shall conform to the requirements of §§ 330-362 and 330-363 of Chapter 330 of the Southampton Town Code regarding the maintenance of landscaping, shrubs, bushes, hedges and trees to prevent landscaping from impeding emergency vehicle clearances and access. A minimum unobstructed clearance of 14 feet in both width and height shall be maintained for emergency access for all improved properties in which the improvement (such as a residential dwelling) is located at or beyond 150 feet from the edge of the public or private road surface.

[Added 7-28-2009 by L.L. No. 31-2009]

(13)

For all improved properties in which the improvement (such as a residential dwelling) is located at or beyond 150 feet from the edge of the public or private road surface, landscaping, shrubs, hedges, bushes and trees adjacent to a driveway shall not be closer than 20 feet to the edge of the public or private road surface in order to accommodate a turning radius which permits entrance by fire-fighting apparatus and other emergency vehicles.

[Added 7-28-2009 by L.L. No. 31-2009]

§ 261-2 Penalties for offenses.

[Amended 7-10-1990 by L.L. No. 19-1990; 1-8-2013 by L.L. No. 2-2013]

Except as required by § 261-2B below, violations of this chapter shall be punishable by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 15 days, or both, for each violation. Each day’s continued violation shall constitute a separate additional violation. In addition to any fines imposed, anyone convicted pursuant to this section shall be required to pay a mandatory blight mitigation surcharge of $100. The blight mitigation surcharge shall be paid to the clerk of the court or administrative tribunal that rendered the conviction. Within the first 10 days of the month following collection of the mandatory surcharge, the collecting authority shall then pay such money to the Town Comptroller, who shall deposit such money in accordance with the provisions of § 8-6.1A of the Code.

Any second or subsequent conviction for a violation of this chapter within an eighteen-month period shall be considered an unclassified misdemeanor and shall be punishable by a fine of not less than $1,000 nor more than $5,000 or a term of imprisonment not to exceed six months, or both. An individual convicted hereunder shall not be subject to the mandatory blight mitigation surcharge discussed in § 261-2A above.

When authorized by a duly adopted resolution of the Town Board, the Town Attorney may pursue any and all actions in law or equity, including but not limited to actions for compensatory damages; civil penalties; to compel compliance, or to restrain by injunction violations of the standards enumerated in § 261-1.

(1)

Each day of a continuing violation of § 261-1 shall be subject to an escalating civil penalty as follows: $150 for the first day of violation or any part thereof, $250 for the second day of violation or any part thereof, and $500 for the third day of violation or any part thereof and for all subsequent days of violation.

(2)

Civil penalties may be recovered in any action or proceeding brought by the Town Attorney in any court of competent jurisdiction or before a duly appointed hearing officer whenever permitted by law.

(3)

Up to 100% of the monies recovered under Town Code § 261-2C shall be paid into the Town-Wide Blight Mitigation Reserve Account, with the remainder thereafter to be used for any other lawful purpose, including placement into the Water Quality Protection Fund.

Any civil penalty imposed shall be in addition to any fine and/or imprisonment as a result of a criminal prosecution provided for under this section or any state or local law.

§ 261-3 Administrative remedy.

[Amended 11-23-1999 by L.L. No. 40-1999]

Where the standards enumerated in § 261-1 are violated with regard to a property, the Town Board of the Town of Southampton shall have the right to direct appropriate agencies of the Town to take proper actions to bring the property into conformance with the standards of this chapter after the owner of the land has been notified by registered or certified mail at the address shown on the last previous assessment roll of the violation of the standards of this chapter and if such violation is not corrected by or on behalf of such owner 30 days after receipt of such notice. Said notice shall state specifically which standards have been violated. All costs and expenses incurred by the Town of Southampton in performing this work shall be assessed against the land on which such work is performed and be added to the tax bill applicable to said property for the next taxable period.