HomeMy WebLinkAboutLL 2005 #07 ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.nort h fork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 344 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON MAY 24, 2005:
WHEREAS that there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 26th day of April, 2005 a Local Law entitled "A Local Law in
relation to Amendments to the Litter on Private Proper ,ty Law," and
WHEREAS the Town Board of thc Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons ~vere given an opportunity to be heard, now
therefore be it
RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local
Law:
LOCAL LAW NO. r~ 2005
A Local Law entitled, "A Local Law in relation to Amendments to the Litter on Private
Proper .ty Law."
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Purpose - These amendments to this existing law will provide for notice to owners of private
property upon which litter has accumulated, of the Town's intention to clean up those premises,
and authorize the Town to collect from such owners the cost of such cleanup.
Chapter 100 of the Code of the Town of Southold is hereby amended as follows:
§ 57-5. Litter on private property.
A. No person shall throw or deposit litter on any private property within the town, whether
owned by such person or not and whether occupied or vacant, except that the owner or
person in control of private property may maintain authorized private receptacles for
collection in such a manner that litter will be prevented fi.om being carried or deposited by
the elements upon any street, sidewalk or other public place or upon private property.
B. The owner or person in control of private property or any portion thereof shall at all times
maintain the premises or that portion controlled by him free of litter, except when stored
properly in authorized private receptacles for collection, when such person shall have actual
notice thereof or when said litter shall have been present a sufficient length of time to
constitute constructive notice.
C. Litter or debris on private property either not properly stored, or present for a sufficient
length of time to constitute constructive notice, may be removed by the Town in any manner
deemed appropriate by the Town, upon notice to the owner. Notice posted in a conspicuous
location upon the property, or in the nearby vicinity of the litter or debris for at least three
business days shall be deemed sufficient notice.
D. Assessment of costs and expenses. All costs and expenses incurred by the Town in
connection with the removal of litter or debris from property not owned by the Town in shall
be assessed against the property on which said litter or debris was located. The total costs
and expenses shall be determined by the Superintendent of Highways, or in the alternative,
by the Town Board and shall be sent by certified mail to the owner of record. If the owner
shall fail to make full payment within fourteen (14) days fi.om the date of receipt of the
mailing, the costs and expenses outstanding shall be reported to the Assessor of the Town as
a amount to be levied and assessed against the property. The expense so assessed shall
constitute a lien and charge on the property on which it is levied until paid or otherwise
satisfied or discharged and shall be collected in the same manner as other Town charges.
That portion of said collected funds shall be returned to the operational budget of the
department that incurred the expense of the cleanup.
SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity o f this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
EFFECTIVE DATE
This Local Law shall take effect irmnediately upon filing with the Secretary of State as provided
by law.
Elizabeth A. Neville
Southold Town Clerk
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS IVL~NAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax t631) 765-6145
Telephone 1631 ~ 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 335 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON MAY 24, 2005:
RESOLVED that the Town Board of the Town of Southold hereby determines that the
proposed Local Law entitled "A Local Law in Relation to Amendments to the Litter on
Private Propert~ Law" is classified as a Type II action pursuant to SEQRA roles and
regulations, and is not subject to further review under SEQRA.
Elizabeth A. Neville
Southold Town Clerk
STATE OF NEW YORK
DEPARTMENT OF STATE
4 I STATE STREET
ALBANY, NY I 2~3 I"OOO I
GEORGE [. PATAKI
June 16,2005
RANDY A. DANIE!..~
RECEIVED
Elizabeth A Neville
Southold Town Clerk
Town Hall, 53095 Main Road
PO Box 1179
Southold NY 11971
JUN 21 2005
Southold Town Clerk
RE: Town of Southold, Local Law 6 & 7, 2005, filed on June 10, 2005
To Whom It May Concern:
The above referenced material was received and filed by this office as indicated.
Additional local law filing forms will be forwarded upon request.
Sincerely,
Linda Lasch
Principal Clerk
State Records & Law Bureau
(518) 474-2755
LL:cb
72 Hinchey Road /O P'4 '_~ ~ .... ~703
Rochester, NY 14624 o
Phone: 800/836-88~ k¢ F~ 585~2~-¢89
Email: sales~generalc~m ~ .' ~~~'~~-
06/10/2005 ~17033 ~ US POSTAGE
Ms. Elizabeth A. Neville:
The following material has been received and will be processed for
inclusion in your Code as supplemental pages (where applicable):
Local Law Nos. 6-2005, 7-2005.
Town of Southold
CIO Clerk's Office
PO Box 1179
Southold, NY 11971
~t-o~-3 h,,Ih,,llhh,h,,h,,ltlh,,hh,,hhhh,h,,Ihh,,,hll
NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing 4~ STATE STREET, AIBA~Ny, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
Town of
SOUTHOLD
LOCAL LAW NO. 7 of 2005
A Local Law' entitled, "A Local Law in relation to Amendments to the Litter on Private Property Law."
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Purpose - These amendments to this existing law will provide for notice to owners of private property upon which litter
has accumulated, of the Toxxm's intention to clean up those premises, and authorize the Town to collect from such oxvners
the cost of such cleanup.
Chapter 100 of the Code of the Town of Southold is hereby amended as follows:
§ 57-5. Litter on private property.
A. No person shall throw or deposit litter on any private property within the town, whether owned by such person or not
and whether occupied or vacant, except that the owner or person in control of private property may maintain
authorized private receptacles for collection in such a manner that litter will be prevented from being carried or
deposited by the elements upon any street, sidewalk or other public place or upon private property.
The owner or person in control of private property or any portion thereof shall at all times maintain the premises or
that portion controlled by him free of litter, except ~vhen stored properly in authorized private receptacles for
collection, when such person shall have actual notice thereof or when said litter shall have been present a sufficient
length of time to constitute constructive notice.
Litter or debris on private property either not properly stored, or present for a sufficient length of time to constitute
constructive notice, may be removed by the Town in any manner deemed appropriate by the Town, upon notice to the
o~vner. Notice posted in a conspicuous location upon the property., or in the nearby vicinity of the litter or debris for
at least three business days shall be deemed sufficient notice.
D. Assessment of costs and expenses. All costs and expenses incurred by the Town in connection with the removal of
litter or debris fi.om property not o~vned by the Town in shall be assessed against the property on which said litter or
debris was located. The total costs and expenses shall be determined by the Superintendent of Highways, or in the
alternative, by the Town Board and shall be sent by certified mail to the owner of record. If the owner shall fail to
make full payment within fourteen (14) days from the date of receipt of the mailing, the costs and expensgs
outstanding shall be reported to the Assessor of the Town as a amount to be levied and assessed against the property.
The expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or other~vise
satisfied or discharged and shall be collected in the same manner as other Town charges. That portion of said
collected funds shall be returned to the operational b. udget of the department that incurred the expense of the cleanup.
SEVERABILITY
l~f any clause, sentence, paragraph, secn~l~, or part of this Local Law shall be adjud~l~l by any court of competent
jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the
part so decided to be unconstitutional or invalid.
EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
EK)S-239(Rev. 11/99 )
2
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that thc local law annexed hereto, designated as local law No. 7 of 20 05 . of thc
(Cz::.':.~j)(C~'~,(Town) (V'.'~2z?,z) of SOUTHOLD was duly passed by the
TOWN BOARD on May 24 , 20 05 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body ~vith approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local laxv No. of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the and was deemed duly adopted on 20
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(To~vn)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the on 20 . Such local law was submitted
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was f'ded requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20__ of the
(Connty)(City)(Town)(Village). of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20__ Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide
basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
3
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of such city voting thereon at the (special)(general) election held on 20 ___,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 , above.
Elizabeth A. Neville, Town Clerk
(Seal) Date: __June 2, 2005
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereby certify that the foregoing local law c~tains the correct text and that all proper proceedings
have been had or taken for the enactment of the local laxv anne/~here~ ~ C~
5 ( ) [ )
Patrtcm A. Finned, am Es~l:TTo~ttorne¥
Title
Town of
SOUTHOLD
Date:
June 2, 2005
4
SOUTHOLD TOWN BOARD
PUBLIC HEARING
May 24, 2005
5:05 P.M.
HEARING ON "A LOCAL LAW IN RELATION TO AMENDMENTS TO THE LITTER ON
PRIVATE PROPERTY LAW".
Present:
Supen'isor Joshua Y. Horton
Justice Louisa P. Evans
Councilman Thomas H. Wickham
Councilman Daniel C. Ross
Councihnan William P. Edwards
Town Clerk Elizabeth A. Neville
Town Attorney Patricia A. Finnegan
Absent: Councilman John M. Romanelli
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, that there has been presented to the
Town Board of the Town of Southold, Suffolk County, Nexv York, on the 26th day of April, 2005 a
Local Law entitled "A Local Law in relation to Amendments to the Litter on Private Properl3'
Law," and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a
public hearing on the aforesaid Local Laxv at the Southold Town Hall, 53095 Main Road, Southold,
New York, on the 24th Of May, 2005 at 5:05 p.m. at which time all interested persons will be given an
opportunity to be beard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to the Litter on
Private ProperO,' Law," reads as follows:
LOCAL LAW NO. 2005
A Local Law entitled, "A Local Law in relation to Amendments to the Litter on Private Property
Law."
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Purpose - These amendments to this existing law will provide for notice to owners of private property
upon which litter has accumulated, of the Town's intention to clean up those promises, and authorize
the Town to collect from such owners the cost of such cleanup.
Chapter 100 of the Code of the Town of Southold is hereby amended as follows:
§ 57-5. Litter on private property.
A. No person shall tlu'ow or deposit litter on any private property within the town, whether owned by
such person or not and whether occupied or vacant, except that the owner or person in control of
private property may maintain authorized private receptacles for collection in such a manner that
May 24, 2005 2
Public Hearing-Amendments to Litter on Private Property
litter ~vill be prevented from being carried or deposited by the elements upon any street, sidewalk
or other public place or upon private property.
B. The owner or person in control of private property or any portion thereof shall at all times maintain
the premises or that portion controlled by him free of litter, except when stored properly in
authorized private receptacles for collection, when such person shall have actual notice thereof or
xvhen said litter shall have been present a sufficient length of time to constitute constrnctive notice.
C. Litter or debris on private propert,/either not properly stored, or present for a sufficient length of
time to constitute constructive notice, may be removed by the Town in any manner deemed
appropriate bv the Iown, upon notice to the owner. Notice posted in a conspicuous location upon
the property, or in the nearby vicinity of the litter or debris for at least three business days shall be
deemed sufficient notice.
D. Assessment of costs and expenses. All costs and expenses incurred by the Town in connection
with the removal of litter or debris from property not owned by the Town in shall be assessed
against the property on which said litter or debris was located. The total costs and expenses shall
be determined bv the Superintendent of Hiv, hways, or in the alternative, by the Town Board and
shall be sent by certified mail to the owner of record. If the owner shall fail to make full payment
within fourteen (14) days from the date of receipt of the mailing, the costs and expenses
outstanding shall be reported to the Assessor of the Town as a amount to be levied and assessed
against the property. The expense so assessed shall constitute a lien and charge on the property on
which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same
manner as other Town charges. That portion of said collected funds shall be returned to the
operational budget of the department that incurred the expense of the cleanup.
SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Laxv shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or
any part thereof other than the part so decided to be unconstitutional or invalid.
EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
law.
COUNCILMAN WICKHAM: I have a record that this has appeared on the Town Clerk's bulletin
board, it has appeared as a legal in the local newspaper and there are no further communications.
SUPERVISOR HORTON: Thank you, Councilman Wic ~kham. Would anybody care to be heard on this
matter? Yes, ma'am.
MARIEL DOBLER: Mariel Dobler, Greenport. Does that include old trucks and cars, boats? If there
are many of them?
SUPERVISOR HORTON: That is a good question...
MS. DOBLER: And also...
SUPERVISOR HORTON: ...let me see if I can get an ansx~er to that question.
MS. DOBLER: ...an old Pilgrim State travel trailer.
May 24, 2005 3
Public Hearing-Amendments to Litter on Private Property
SUPERVISOR HORTON: I am not sure about that specifically. Would it pertain to ....
TOWN ATTORNEY FINNEGAN: I am not sure that all of those things fit under the definition of
litter...
SUPERVISOR HORTON: Particularly if the vehicle, I would say, particularly if the vehicle...
TOV~ ATTORNEY FINNEGAN: I don't believe the vehicles would.
SUPERVISOR HORTON: ...particularly if the vehicle is registered or if somebody holds title to
something of that nature, whether it is registered or not, if they own title.
TOV~2q ATTORNEY FINNEGAN: I believe that, yeah. litter and debris does not include...
COUNCILMAN WICKHAM: It speaks of receptacles.
TOWN ATTORNEY FINNEGAN: Right.
COUNCILMAN WICKHAM: It fits in receptacles.
MS. DOBLER: What about all the debris on Pil~im State that is rusting?
COUNCILMAN WICKHAM: The what?
MS. DOBLER: Rusting...
SUPERVISOR HORTON: Is it a boat trailer or car...
MS. DOBLER: Pilgrim State is a thing that they transported patients from hospital to hospital.
SUPERVISOR HORTON: Okay, it is a trailer you said?
MS. DOBLER: Yes. It is just rotting away, I mean...
SUPERVISOR HORTON: On a piece of property? Okay.
TOWN ATTORNEY FINNEGAN: I can tell you...
SUPERVISOR HORTON: Yes, please read the definition, if you would.
TOW2q ATTORNEY FINNEGAN: Litter is 'garbage. refuse and rubbish' as defined herein and all
other waste material thrown or deposited tends to create a danger to public safety, health or welfare or
tends to create blight.
COUNCILMAN WICKHAM: There you go.
May 24, 2005 4
Public Hearing-Amendments to Litter on Private Property
TOWN ATTORNEY F1NNEG.~q: Yeah. And we have to take each one as they came but it is not
specifically provided for.
SUPERVISOR HORTON: We will work with you, okay?
TOWN ATTORNEY FINNEGAN: This has come, there have been a lot of complaints into my office
about either people putting things out on the curb and then sometimes we have had the Highway
Department go out and clean it up because we couldn't get any response and this would allow us to
make the homeowner responsible for it and assess the expenses against the homeowner and also give
us a little more teeth in getting them to do it, to getting it cleaned up.
MS. DOBLER: Thank you.
SUPERVISOR HORTON: Thank you.
response) We wilt close this hearing.
Would anybody else care to be heard on this matter?
(No
Southold Town Clerk
LEGAL NOTICE
NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY
GIVEN, that there has been pre-
sented to the ]'own Board ot the
Town of Southold, Suflblk
County, New York, on the 26th
da~ of ApriL 2005 a Local La~
entitled "A Local Law in rela-
tion to Amendments to the
Litter on Private Property
Law." and
NOTICE IS HEREBY FUR-
THER GIVEN that the Town
Board of thc Town of Southold
will hold a public hearing on the
aforesaid Local La~ at the
Southold Town Hall, 53095
Main Road, ~S. puthold, New
York, on the 24m of May, 2005
at 5:05 p.m. at which time all
interested persons will be given
an opportunity to be heard.
The proposed Local Lay, enti-
tled, · 'A Local Law in relation
to Amendments to the Litter
on Private Pronerty Law."
reads as follows:
LOCAL LAW NO. 2005
A Local La~,, entitled, "A
Local Law in relation to
Amendments to the Litter on
Private Property La~."_
BE IT ENACTED by the
Town Board of the ToxX'n of
Southold as follows:
Purpose These amendments
to this existing law will provide
for notice to owners of private
property upon which litter has
accumulated, of the Town's
intention to clean up those prem-
ises, and authorize the Town to
collect from such owners the
cost of such cleanup.
Cbapter 100 of the Code of the
Town of Southold is hereby
amended as follows:
§ 57-5. Lii~er on private prop-
erty.
No person shall throw or
deposit litter on any private
property within the town.
whether owned by such person
or not and whether occupied or
vacant, except that the owner or
person in control of private
propert)' may maintain author-
~zed private receptacles for col-
SEVERABILITY
If any clause, sentence, para.
graph, se?on, or part of this
Local Lax~ shall be adjudged by
any court of competent jurisdic-
tio'n to be invalid, the judgment
shall not affect the validity of
this law as a whole or an,,' part
thereof other than the p~trt so
decided to be unconstitutmnal or
invalid.
EFFECTI~:E DATE
This Local Law shall take
efl~ct immediately upon filing
with the SecretarY, of State as
provided bv law. '
Dated: A~ril 26. 2005
BY ORDER OF THE TOWN
BOARD OF THE TOWN OF
SOUTHOLD
Elizabeth Neville Town Clerk
IX 5~5i05 1769)
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Nancy M. Mclaughlin, being duly
sworn, says that she is the Legal
Advertising Coordinator, of the Traveler
Watchman. a public newspaper printed
at Southold, in Suffolk County; and that
the notice of which the annexed is a
printed copy, has been published in said
Traveler Watchman once each ~veek
for...../. ...... week(s) successively,
commencing 9n the.....~... ......... day of
....... ,O~...~...~.~ ............ r2005.
Sxvom to before me this....~.....day of
..... 2,. ~/~ ........ ,2005.
Notary Public
Emily Hamill
NOTARY PUBLIC, State of New York
No. 01 HA5059984
Qualified in Suffolk County
Commission expires May 06, ?006
LEGAL NOTICE'
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that there has been presented to the Town Board of
the Town of Southold, Suffolk County, New York. on the 26th day of April, 2005 a
Local Law entitled "A Local Law in relation to Amendments to the Litter on
Private Property La~." and
NOTICE IS HEREBY FURTHER GIVEN that thc Town Board of the 1"own of
Southold will hold a public hearing on the aforesaid Local Law at the Southold Town
Hall, 53095 Main Road, Southold, Nexx York, on the 24th of May, 2005 at 5:05 p.m.
at which time all interested persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to the
Litter on Private Property Law," reads as follows:
LOCAL LAW NO. 2005
A Local Law entitled. "A Local Law in relation to Amendments to the Litter on
Private Property Law."
BE IT ENACTED bv the Town Board of the Town of Southold as fol~lows:
Purpose - These amendments to this existing law will provide for notice: to owners of
private property upon which litter bas accumulated, of the Town's intention to clean
up those premises, and authorize the Towo to collect from such owners the cost of
such cleanup.
Chapter 100 of the Code of the Town of Southold is hereby amended as folloxx s:
57-5. Litter on private property.
No person shall throw or deposit litter on any private property within the town,
whether owned by such person or not and whether occupied or vacant, except that
the owner or person in control of private property may maintain authorized
private receptacles for collection in such a manner ttlat litter will be prevented
from being carried or deposited by the elelnents upon any street, sidewalk or other
public phtce or upon private property.
The owner or pcrson in control of private property or any position Ihereof shall at
all times maintain the premises or that portion controlled by Iron fl-cc of litter,
except when stored properly in authorized private receptacles for collection, when
such person shall have actual notice thereof or xxhen said litter shall have been
present a sufficient length of time to constitute constructive notice.
Litter ot~bris on private property either not prolixly stored, or present for a
sufficient iength of time to constitute constructive notice, may be removed by the
Town in a~ manner deemed appropriate bv the Town, upon notice to the owner.
Notice posted in a conspicuous location upon the property, or in the nearby
vicinity of the litter or debris lbr at least three business days shall be deemed
sufficient nolice.
Assessment of costs and expenses. All costs and expenses incun-ed by the Town
in connection with tim removal of litter or debris from property not owned by tile
Town in shall be assessed against the property on which said litter or debris was
located. The total costs and expenses shall be detemfined bv the Superintendent
of Ifi~hx~ ars, or in the alternative, b,/the Town Board and shall be sent by
certified mail to the owner of record. If the owner shall fail to make full pa,anent
witlfin fourteen (14) days fi'om tile date of receipt of the lnailing, the costs and
ex~penses outstandin~ shall be reported to the Assessor of the Town as a amount to
be levied and assessed a,oainst the property. The expense so assessed shall
constitute a lien and charge on the property on which it is levied until paid or
othe~vise satisfied or discharged and shall be collected in the same manner as
other Town charges. That portion of said collected funds shall be returned to the
operational budget of the department that incurred the expense of the cleanup.
SEVERABIIATY
If any clause, sentence, para~m'aph, section, or part of this Local Law shall be
adjudged by any court of competent jurisdiction to be in~ alid, the judgment shall not
affect the validity of this law as a whole or any part thereof other than the part so
decided to be unconstitutional or invalid.
EFFECTIVE DATE
Tiffs Local Law shall take effect immediately upon filing with the Secretary of State
as provided by law.
Dated: April 26, 2005
BY ORDER OF THE TOWN BOARI)
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Toxin Clerk
PLEASE PUBLISH ON MAY 5, 2005~ AND FORWARD ONE (l) AFFIDAVIT OF
PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOX3,q',l HALL, PO
BOX 1179, SOUTHOLD, IxPI~ 11971.
Copies to the following:
The Traveler Watchman
Town Attorney
Town Clerk's Bulletin Board
Town Board Members
Building