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HomeMy WebLinkAboutBungalow Lane, Mattituck - Dumpster EDWARD FORRESTER DIRECTOR OF CODE ENFORCEMENT Southold Town Hall Annex 54375 Route 25, P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 e-mail: ed.forrester@town.southold.ny.us TOWN OF SOUTHOLD October 24, 2007 Linda Scholl 1340 Bungalow Lane Mattituck NY 11952 RECEIVED OCT 2 5 2007 Re; Complaint regarding 1380 Bungalow Lane Dear Ms. Scholl, In response to your letter to Elizabeth Neville, dated October 13, 2007, that was forwarded to my office, I have enclosed a copy of a letter sent to the owner to advise them of your concem in an effort to remedy your displeasure with the condition of your neighbors' property. However, the dumpster and its contents are not in violation of SoutholdTown Code. Section 233-2 states; South aId Town CIeri ~ 233-2. Dumping prohibited generally. [Amended 7-31-1973; 3-24-1992 by L.L. No. 9- 1992; 9-10-1993 by L.L. No. 20-1993; 11-24-1998 by L.L. No. 24-1998J A. No person shall collect, store, accumulate, throw, cast, deposit or dispose of or cause or permit to be collected, stored, accumulated, thrown, cast, deposited or disposed of any hazardous waste, refuse and/or recyclable upon any premises or upon any street, highway, sidewalk or public/private place within the Town of Southold, except when authorized by the Town Board. 8. NothIng contained herein shall be construed so as to prevent: (1) The accumulation of refuse by a resident of the Town upon premises occupied by him, to the extent that such accumulation is ordinary and necessary for his personal household requirements. The Town Code does not regulate the frequency in which a dumpster, or any container, is emptied. In fact, the presence of the dumpster indicates the homeowners intent to dispose of the waste properly and not indiscriminately dump it, which would be a violation. Your letters and photos sent to my office did note occasional, accidental dispersal of a piece of debris. This does not constitute a deliberate violation of Chapter 233. Sincerely, ~~~ Edward Forrester Director of Code Enforcement Cc; Town Clerk RECEIVED OCT 2 5 2007 Southol~ Town (Ierl April 2, 2007 Susan Hubbard PO Box 502 Mattituck NY 11952 RE: Property at 1380 Bungalow Lane, Mattituck; SCTM#1000-123-2-17.1 Dear Ms Hubbard, A complaint has been received concerning an overflowing dumpster at property you own, referenced above. This container when overfull and left open, creates litter and garbage is blown and carried by animals throughout the neighborhood. Please take the steps necessary to remedy this condition immediately. Sincerely, Edward Forrester Director of Code Enforcement RE: COMPLAINT cc:Town Board Town Atty Bldg. Dej:lt Code Enforce Police Dept October 13,2007 Southold Town Hall Town Board 53095 Main Road Southold, NY 11971 RECEIVED O(~T 1 5 20'17 Attn: Elizabeth A. Neville Southolrl Town Cler! Dear Town Board: Enclosed please find two (2) letters dated June 27, 2007 and the other dated July 19, 2007 both submitted by hand to Mr. Forrester. The property of concern is Hubbard - 1380 Bungalow Lane, Mattituck, said property is adjacent to mine. To date, I do not know what action, if any action has been taken to alleviate this residential dumpster condition. I only know and ask after the following scenario the Board "do something". The dumpster at 1380 Bungalow Lane was emptied on August 23,2007. Why do I know the date? Well, said dumpster was so full of garbage it was knocked over on the ground with garbage spilling out of it. I witnessed the garbage truck pull into the driveway and two men pick up the dumpster so the garbage truck could empty it. On Sept. II, 2007, I noticed a person standing in the dumpster walking in it and packing down the garbage, then on Sept. 27, 2007 the dumpster was emptied. By this time the dumpster was so full, 2 cement blocks were on top to keep the lid closed and a bag of garbage was sitting next to it for at least 2 days because my only guess would be it was so full of garbage no more could fit into it. This is 35 days of residential garbage sitting in weather of at least 75 degrees + which was some of our hottest weather. So I ask the Board if dumpsters with residential garbage are permitted then there needs to be a requirement of emptying dumpster with residential garbage on a weekly basis, otherwise the abuse exists (not to empty dumpster in a timely manner) and creates a danger to public health, safety and welfare. Also, dumpsters with residential garbage should be mandated to use ''yellow town bags" as all residents are required. Thank you for your time and efforts. Sincerely, ~().~C Linda B. Scholl cOet, I'? , 1-0U I RECEIVED j:)~~ M.rs f'.-Je VI' if e.. OCT 1 5 2007 $ov\r\€- ? ,'c+Vv-c:!> Vitr. 'fOvves:kv- Southalrl TaWIl CIeri VV\ I'q \A.t IA c;c V z.... e s pee (cULL-( ~ ~ Ie trev- ~t-.Q ~ T~ '2-', 2-007. ~ D i~-R_f ( e +f..e r c;Qocf:e &.. I - , 0, - 7..-007 3 ? I c- S 'I &.. ifY\. of lA ~ (r ct ,'& \A-(}t tv- kL ,.-. J-crv..bkS.). 11--eSe. pl'ctVi'..es Mr. !-ovves.rer 0. ('So k.a <; ML( ~LV\ C-O"Y\Ce\"'" '^ ~t tt-..,::, POI ",-t ('s tv "-CJ..v<?,,- --rlu- c!u"""-F'st--ev (2l1'\Aph~B t7'^- A- we-eIc.Ly bC1s/s::, as -r- VV1e~~& t9 Vl {- I L.. - -z....oo r r ~ c; o..-vt {' (\ ~I':''l u.rD-,:>h T ~tey; ""1 pilL ~f> V\II '-1 b ll.C Ie '1 CUt bl " ~ +-w<- d..-u IN-- p~ t- ~ r J-ot. ^ WI:" & (...0 tl S -rVf!) Vv> ~ LU"1l1- ~ {9 p.-e--v'-- I (,U'-- \rIe vtv- CL.--'^- &- b e lIe v ~ VV\ e.- ~ Sfe l^- c- h VVO- s (;c.vv 6 u L . '---{!A.CJ..AA- {( L-( (!) U ..r;;v ".lO LJ v- ft' M -e. --r (#o...-'ts, . ,M Y W,9"'L.K.::tt: (S 2 c:; ~ - </ f :3 </ xr.. 20 ~~Lr :t:c J~ t . j1c~ Hand Delivered '7-10,-2..-007 ~ Southold Town Mr. Ed Forester-Town Code Enforcer Main Road Southold, NY Re: 1380 Bungalow Lane,Mattituck, NY Dear Mr. Forester: Enclosed please find ten (10) pictures in regards to the above referenced property. I. 4/20/2007 Garbage dumpster open 2. 5/31/2007 Garbage dumpster open 3.6/20/2007 Garbage dumpster open 4. 6/20/2007 Litter plastic bag 5. 6/20/2007 Litter cups, paper 6. 6/22/2007 Garbage dumpster open 7. 6/27/2007 Litter plastic bag 8.6/28/2007 Garbage bag with cans (see letter dated 6/27/2007) 9.6/28/2007 Litter beer can (see letter dated 6/27/2007) 10. 6/28/2007 Litter plastic bag I hope this will support my claim in regards to my letter dated 6/27/2007. ~r~~ ;~WL Linda B. Scholl ~ June 27, 2007 Re: Hubbard-1380 Bungalow Lane,Mattituck Dear Mr. Forrester: I do not know if you went to the above mentioned property on 6/20/2007 (wednesday), the day I called and spoke with you in regards to my neighbors garbage ending up on my property. I mentioned my husband cleaning up the yard in the front and back on Tuesday (6/19/2007). I had to go out the next day picking up with latex gloves a blood juice paper in my yard due to my neighbors overfull garbage dumpster and other debris on the ground from a garbage bag that busted open on their deck. This is not the 1 st time I called - as you might recall I called you on 412/2007 saying that a "JIFF" peanut butter jar and paper towels were on my property because Hubbard's dumpster was so full (see pies 3/31/2007) that birds or animals were bringing garbage into my yard and Hubbard once again was negligent in her disposal of garbage. I asked that a letter be sent for the record which you said you were going to do on or about 4/912007. Please note the pictures dated 3/15/2003 my fence has not been extended down the property line yet but look at the debris, etc. on the ground. The fence I extended last year 4/2006 because I got tired of picking up Hubbard's garbage, litter, etc. which they blatantly leave on the ground. In fact every property across the street and on either side of them has been graciously gifted with Hubbard's garbage, litter, etc. Please note picture 4/1/03 dumpster with garbage hanging out of it. Note picture 4/17/06, 4/20/06 grill and plastic soda bottle on ground and dumpster with garbage hanging out of it, 4/28/06 papers on lawn, 5/1106 plastic paper near fence, 5/2/06 plastic paper near fence & garden, 412106 paper on ground. As you can see this is not a situation that just started. The Town Code subsection 174.1 refers to litter "tends to create a danger to pUblic health, safety and welfare or tends to create blight. Well, I would certainly say all of the above and blight. I have seen a rat go under their back deck due to the dumpster being full in the dead of winter. Blight which I am sure you are aware of the meaning "causes a deteriorated condition" which has existed at the above mentioned property for the last 6-7 years and has affected all the surrounding properties in one way or another. I wonder how many of our elected officials would accept a condition as such and put up with the negligent (maybe flagrant) careless disposal of garbage and property. It is certainly everyone's right to do what they want but when it undermines the health, safety and welfare and infringes upon others then it is unjust. I havenot sat out in my backyard in the past couple of years due to this C,{.;'- :-., i- y- situation. For fear what might come out of Hubbard's dumpster or what is breeding in said dumpster. The pictures of 3/31/2007 is typical of Hubbard's disposal of garbage. The dumpster was "overfull" on Wednesday 3/28/2007 (the peanut butter jar incident) and for everyday thereafter until April 3rd or 4th, 2007 finally picked up by Mattituck Sanitation. My recent call to you was on 6/20/2007, Wednesday - I noticed the dumpster was closed with cement blocks for two days. Then Hubbard threw a huge bag of garbage into dumpster on 6/22/2007 (Friday) and the dumpster remained open 6/22/2007 Friday, 6/23/2007 Saturday, 6/24/2007 Sunday then on 6/25/2007 Monday-garbage dumpster emptied. Hubbard knows town hall is closed on Friday evening so she waits until then and throws garbage into dumpster and dumpster remains open for 3 days. She knows she can get away with this because who is she going to be reported to Friday nite, Saturday & Sunday. This is not the 1st time this has happened - I am tired of this going on every month for the last 6-7 years. Right now on the south side of her property a beer can lies, a bag full of cans, etc. hangs on the deck (since May 31st) a plastic container is in the front yard and newspaper on side of house by hoses. I would say this constitutes litter and technically above.said property should be fined for each offense. If any of these items come on or near my fence or property I will be calling your office. I am tired of this careless disposal of garbage, litter which encroaches upon my property. We take the time to buy "Town Yellow Bags" and separate garbage. Meanwhile, Hubbard has been getting away with the best deal in town -No special garbage bags to purchase for garbage disposal, no recycling and she can't even do that right. Why aren't residential dumpsters required to be in closed off areas? If not, they should be. In sub section 174-5 (C) "present for a sufficient length of time" what does this mean? 1 day 24 hours residential garbage should not be allowed to sit any longer time period which allows for flagrant violations-even in NYC the garbage is picked up within 24 hours. Anything longer "creates a danger to public health, safety & welfare". . Sincerely, '-._; C v<'--cC_l..I.. ~ \ <'-~- -~(" L, 1.-.. eCl, i -7 (1'( -It.. I't ~~ ,~;~ jts, '(-I v:.._HS.t '0, I.",,/Ic,l iT /1,( , I I/('--:..,fl I, .. I I I I = = ~ ,. I , . " " / " . . 7- {9- 2007 '" ~ () ~ ~ I, ,