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HomeMy WebLinkAboutLL 2012 #04[11111t1 II I III1 1111 II III III II EM 390736806 US PO ZIP Code Day Schedule Flat Rate [] or Weight [] 2nd Day [] 3rd Day ~'~ ] Int9 Alpha Country Code ~ EXPRESS . UNITED S T~TES POST/~L SERVlCE® Customer Copy Label 11 -F, April 2004 Post OfficeTo Addressee SOUTHOLD MPO SOUTHOLO, New York 119711000 3548330971-0097 03/20/2012 (800)275-8777 09:11:58 AM ~Sales Receipt =. Product Sate Unit Final Description Qty Price Price ALBANY NY 12231 $18,95 Zone-2 Express Mail PO-Add Flat Rate Env 3.80 oz. Label ,:EM390736806US Wed 03/21/12 12:00 PM - Expected Delivery. Money Back Guarantee Signature Requested Paid by account: $18,95 EMCA number: 119294 TONN OF SOUTHOLD Issue PVI: $0.00 Total: $0.00 Paid by: Order stamps at usps.com/shop or call 1-800-Stamp24. Go to usps.com/clicknship to print shipping labels with postage. For other information call 1-800-ASK-USPS, Get your mail when and mhere you want it with a secure Post Office Box. Sign up for a box online at usps.com/poboxes. Bi11~:1000302192439 Clerk:77 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business HELP US SERVE YOU BETTER Go to: https://postalexperience.com/Pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS Customer Copy ANDREW M, CUOMO STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99WASHINGTON AVENUE ALEANY, NY 12231-0001 CESAR A. PERALES SECRETARYOFSTATE March 27, 2012 Lynda M Rudder Deputy Town CJerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 RECEIVED APfl ' 2 2012 SoutholdTownClerk RE: Town of Southold, Local Law 4 2012, filed on March 22, 2012 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from out website, www.dos.state.ny.us. Sincerely, State Records and Law Bureau (518) 474-2755 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 19, 2012 EM390736806US Express Mail Local Law No. 4 of 2012 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 4 of 2012 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, F3 Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY~ 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. [3 County [3 City [] Town of SOUTHOLD [] Village Local Law No. 4 of the year 2012. A Local Law entitled, A Local Law in relation to Amendments to Chapter 100, Buildings, Unsafe, in connection with Unsafe Buildings, Premises and Property Maintenance Law of the Town of Southold Be it enacted the Town Board of the: rn County [] City [] Town of SOUTHOLD rn Village I. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: §100-1. Title. This chapter shall be known as the "Unsafe Buildings, Premises and Property Maintenance Law of the Town of Southold." § 100-2. Purpose. The purpose of this chapter is to promote the conservation of property and property values and character of the community by addressing the cumulative impacts of property neglect. Further, this law will eliminate safety and health hazards, unsightly conditions, environmental public nuisances, dangerous obstruction to emergency vehicle access, the erosions of property values and the erosion of the quality of life by all residents in broad proximity of the neglected property(s). {}100-3. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev 05/05) I~XTERiOR PROPERTY - The open space on the premises and on adjoining property under the control of owners or operators of such premises. GARBAGE - Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. JUNKED VEHICLE - 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. LAND - The term "land" and "property" shall have the same meaning as "premises" as defined herein. LITTER - Garbage, refuse and rubbish and all other waste material which, if thrown or deposited upon the ground, tends to create a danger to public health, safety and welfare or tends to create blight. OCCUPANT - Any individual or person occupying a premises or building, or having possession of a premises or building. OWNER - Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title or deed to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. PERSON - An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties. PREMISES - A lot, plot or parcel of land, easement or public way, including any structures thereon. RUBBISH - Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as, but not limited to, paper wrappings, cardboard, tin cans, wood, glass, bedding, and crockery. § 100-4. Standards. A. Property Maintenance. Surface and subsurface water shall be adequately 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 similar structures erected for recreational use shall be maintained so as to avoid the stagnation of the water therein. Landscaping shall be adequately maintained so that lawns, hedges, bushes, weeds and trees do not become overgrown and unsightly so as to constitute an unsafe condition or blight. At no time shall landscaping, hedges, bushes, weeds or trees create an impediment to emergency and/or fire rescue vehicle access. Garbage, crates, rubbish, refuse or debris shall be kept inside building or buildings on the premises, or in an acceptable enclosed container, and shall be regularly collected and removed from the premises. Open wells, cesspools or cisterns shall be securely closed or barricaded to prevent access by the public. 2 5. Junked or unregistered vehicles may not be located or stored in open view, but shall be stored in a suitable location inside a building or behind a fence outside of public view. Exterior facades shall at all times be kept free of graffiti or other defacement. Unsafe buildings. All buildings or structures which are structurally unsafe, dangerous, unsanitary or not provided with adequate egress or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are, severally, for the purpose of this chapter, unsafe buildings. All such buildings and structures are hereby declared to be illegal and are prohibited and shall be abated by repair and rehabilitation or by demolition and removal in accordance with the procedures of this chapter. Unsafe premises. All premises which are unsafe or dangerous, which suffer from inadequate maintenance or neglect or which do not permit or provide for adequate access by emergency and/or fire rescue vehicles are, for the purpose of this chapter, unsafe premises. All such premises are hereby declared to be illegal, are prohibited and shall be abated by repair and rehabilitation in accordance with the procedures of this chapter. § 100-5. Inspection and report. Unsafe building. When, in the opinion of the Building Inspector, any structure located in the Town shall be deemed to be unsafe or dangerous to the public, he shall make a formal inspection thereof and thereafter prepare a written report thereof and file the same in his office. Unsafe premises. When, either on the Building Inspector's own volition or after receiving a written recommendation from the Commissioners of any Fire Department or Fire District or from the Village of Greenport Fire Wardens or Village Trustees located in the Town that any premises is unsafe in that it does not permit or provide for adequate access by emergency and/or fire rescue vehicles as required by §280-109(C), in which recommendation the Building Inspector concurs, the Building Inspector shall make a formal inspection thereof and thereafter prepare a written report thereof and file the same in his office. §100-6. Service of notice. When it shall be determined by the Building Inspector that a building, premises or structure is dangerous or unsafe to the public, or is in violation of any one or more of the provisions under §I00-4(A), he shall promptly serve or cause to be served a notice on the owner or other persons having an interest in such premises, building or structure as hereinafter provided. The aforementioned notice shall be served on the owner of the building, structure or premises or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the last completed assessment roll of the Town, either personally or by registered mail, addressed to the person intended to be served at the last known place of business. If the notice is served by registered mail, the Building Inspector shall cause a copy of such notice to be posted on the premises. §100-6 7. Contents of notice. The notice referred to in § 100--5 6 hereof shall contain the following: 3 A. A description of the premises. A statement of the particulars in which the premises, building or structure is unsafe or dangerous or is in violation of any one or more of the provisions under § 100-4(A). An order requiring the premises, building or structure to be made safe and secure or removed, or if there is a violation of §100-4A, an order to remedy. A statement that the securing or removal of the building or structure or the rehabilitation of the premises shall commence within 10 days from the date of the service of the notice and shall be completed within 30 days thereafter. Ifa violation of any one or more of the provisions under §100-4 A are cited, a statement that remediation of the violation must be completed within 10 days from the date of service of the notice. The Building Inspector may extend the time of compliance specified in the notice, where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. In granting any such extension of time, the Building Inspector may impose such conditions as he may deem appropriate. A statement that, in the event of the neglect or refusal of the person served with notice to comply with the same, a hearing will be held before the Southold Town Board, notice of which and the time and place thereof to be specified in the notice to the owner referred to in 5100-5 6 hereof. No hearing is required if the only violation alleged is pursuant to § 100-4(A). A statement that, in the event that the Town Board, after the hearing specified in § 100-6 7(E) hereof, shall determine that the premises, building or structure is unsafe or dangerous to the public, the Town Board may order the building or structure to be repaired, made safe and/or secured or taken down and removed. In the case of an unsafe premises, the Town Board may order the premises rehabilitated and made safe. A statement that, in the event that the premises, building or structure shall be determined by the Town to be unsafe or dangerous and in the event of the neglect or refusal of the owner to make safe, repair or remove the same within the time provided, the Town may remove such building or structure or make safe the premises by whatever means it deems appropriate and assess all costs and expenses incurred by the Town in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure, against the land on which said buildings or structures are located. §100-8. Filing a copy of notice. A copy of the notice referred to in § 100-6 7 hereof may be filed with the County Clerk of the county within which such premises, building or structure is located, which notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this section. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a Judge or Justice of a court of record or upon the consent of the Town Attorney. The clerk of the county where such notice is filed shall mark such notice and any record or docket thereof as canceled of record, upon the presentation and filing of such consent or of a certified copy of such order. § 100-9. Emergency measures to vacate. If the Building Inspector determines in his inspection of any premises, building or structure that there is actual 4 and imr~ediate danger of failure or collapse so as to endanger life, he shall promptly require the premises, building, structure or portion thereof to be vacated forthwith and not to be reoccupied until the specified repairs are completed, inspected and approved by the Building Inspector. For this purpose, he may enter such premises, building or structure, or land on which it stands or adjoining land or structures with such assistance and at such cost as may be necessary. He may also order adjacent structures to be vacated and protect the public by appropriate barricades or such other means as may be necessary and for this purpose may close a private or public right-of-way. The Building Inspector shall cause to be posted at each entrance to such premises, building or structure a notice stating, "This building (or premises, if applicable) is unsafe and its use or occupancy has been prohibited by the Building Inspector." Such notice shall remain posted until the required rehabilitation, repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents or other persons to remove such notice without written permission of the Building Inspector or for any person to enter the building except for the purpose of making the required repairs or the demolition thereof. §100-10. Costs and expenses. All costs and expenses incurred by the Town of Southold in connection with any proceeding or any work done to remove the danger or in connection with the demolition and removal of any such building or structure, or any work done to abate any violation of provisions under § 100-4(A) of this chapter shall be assessed against the land on which such building or structure is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner thereof, with the assessors who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. §100-11. Penalties for offenses. Any person who violates a provision under § 100-4(A) of this chapter shall be guilty of a violation punishable by a fine not to exceed $2,500. Any person who neglects, refuses or fails to comply with any order or notice issued hereunder shall be guilty of a violation punishable by a fine not to exceed $5,000 or by imprisonment for a term not to exceed 15 days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate and additional offense. In addition to the criminal violation, the Town Attorney is authorized to pursue any and all actions in law or equity, including but not limited to actions for compensatory damages, civil penalties, or injunctive relief. Strict liability. Personal knowledge of the existence of a violation under this chapter is not required, no mens rea (intent) is required, and any violation charged herein shall be one of strict liability. §100-1~. 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 of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. §100-13. When effective. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. (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 the local law annexed hereto, designated as local law No. 4 of 20 12 . of the (Czxx.~')(C~.~')(Town) (V~:.g:) of SOUTHOLD was duly passed by the TOWN BOARD on March 13 ., 20 12 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 ___, and was (approved)(not approved)(m-passed 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)(Town)(Village) of was duly passed by the on 20 , and was (approvedXnot 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 filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20__ , and was (approvedXnot 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 ora 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. 7 51 (City iocal 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.) 1 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.) 1 further certify that 1 have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph I , above. Clerk of(d~ County ]egisiative body. City. Town or (Seal) Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: March 16~ 2012 (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 1, the undersigned, hereby certify that the foregoing local law con..t~ier~h$ c-O't~ct text and that all proper proceedings have been had or taken for the enactment of the local law annexe~,~. ~__ Signat ret~.~..~ ' Martin D. Finnegan, Town Attorney Jennifer Andaloro~ Esq. Assistant Town Attorney Title Town of SOUTHOLD Date: March 16~ 2012 Southold Town Board - Letter Board Meeting of March 13, 2012 RESOLUTION 2012-180 ADOPTED Item # 5.4 DOC ID: 7614 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-180 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 13, 2012: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of January, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 100~ Buildings~ Unsafe~ in connection with Unsafe Buildings~ Premises and Property Maintenance Law of the Town of Southold" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 100~ Buildings~ Unsafe~ in connection with Unsafe Buildings~ Premises and Proper ,ty Maintenance Law of the Town of Southold" reads as follows: LOCAL LAW NO. of 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 100~ Buildings, Unsafe~ in connection with Unsafe Buildings~ Premises and Proper .ty Maintenance Law of the Town of Southold". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: §100-1. Title. This chapter shall be known as the "Unsafe Buildings, Premises and C~h~.ps~-g~3 Property Maintenance Law of the Town of Southold." {}100-2. Purpose. The purpose of this cha er is to promote the public ........ , ................................. conservation of property and property values and character of the community by addressing the cumulative impacts of property neglect. Further, this law will eliminate safety and health hazards, unsightly conditions, environmental public nuisances, dangerous obstruction to emergency vehicle access, the erosions of property values and the erosion of the quality of life by all residents in broad proximity of the neglected property(s), and Generated March 14, 2012 Page 21 Southold Town Board - Letter Board Meeting of March 13, 2012 .............. ~ .... r ........ r ........... Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). EXTERIOR PROPERTY - The open space on the premises and on adjoining property under the control of owners or operators of such premises. GARBAGE - Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. JUNKED VEHICLE - 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. t AND - The term "land" and "property" shall have the same meaning as "premises" as defined llerein. LITTER - Garbage, refuse and rubbish and all other waste material which, if thrown or deposited upon the ground, tends to create a danger to public health, safety and welfare or tends to create blight. OCCUPANT - Any individual or person occupying a premises or building, or having possession of a premises or building. OWNER - Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title or deed to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. PERSON - An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subiect of rights and duties. PREMISES - A lot, plot or parcel of land, easement or public way, including any structures thereon. RUBBISH - Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as, but not limited to, paper wrappings, cardboard, tin cans, wood, glass, bedding, and crockerf. ............... s ..... e ........~- ........... Standards. A. Property Maintenance. 1. Surface and subsurface water shall be adequately 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 similar structures erected for recreational use shall be maintained so as to avoid the stagnation of the water therein. 2. Landscaping shall be adequately maintained so that lawns, hedges, bushes, weeds and trees do not become overgrown and unsightly so as to constitute an unsafe Generated March 14, 2012 Page 22 Southold Town Board - Letter Board Meeting of March 13, 2012 A,.B~. g:.C~. condition or blight. At no time shall landscaping, hedges, bushes, weeds or trees create an impediment to emergency and/or fire rescue vehicle access. 3. Garbage, crates, rubbish, refuse or debris shall be kept inside building or buildings on the premises, or in an acceptable enclosed container, and shall be regularly collected and removed from the premises. 4. Open wells, cesspools or cisterns shall be securely closed or barricaded to prevent access by the public. 5. Junked or unregistered vehicles may not be located or stored in open view, but shall be stored in a suitable location inside a building or behind a fence outside of public view. 6. Exterior facades shall at all times be kept free of graffiti or other defacemen[. Unsafe buildings. All buildings or structures which are structurally unsafe, dangerous, unsanitary or not provided with adequate egress or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are, severally, for the purpose of this chapter, unsafe buildings. All such buildings and structures are hereby declared to be illegal and are prohibited and shall be abated by repair and rehabilitation or by demolition and removal in accordance with the procedures of this chapter. Unsafe premises. All premises which are unsafe or dangerous, which suffer from inadequate maintenance or neglect or which do not permit or provide for adequate access by emergency and/or fire rescue vehicles are, for the purpose of this chapter, unsafe premises. All such premises are hereby declared to be illegal, are prohibited and shall be abated by repair and rehabilitation in accordance with the procedures of this chapter. {}100-4-_5. Inspection and report. A. Unsafe building. When, in the opinion of the Building Inspector, any structure located in the Town shall be deemed to be unsafe or dangerous to the public, he shall make a formal inspection thereof and thereafter prepare a written report thereof and file the same in his office. B. Unsafe premises. When, either on the Building Inspector's own volition or after receiving a written recommendation from the Commissioners of any Fire Department or Fire District or from the Village of Greenport Fire Wardens or Village Trustees located in the Town that any premises is unsafe in that it does not permit or provide for adequate access by emergency and/or fire rescue vehicles as required by §280-109(C), in which recommendation the Building Inspector concurs, the Building Inspector shall make a formal inspection thereof and thereafter prepare a written report thereof and file the same in his office. {}100-5 6. Service of notice. A. When it shall be determined by the Building Inspector that a building, premises or structure is dangerous or unsafe to the public, or is in violation of any one or more of the provisions under { 100-4(A), he shall promptly serve or cause to be served a notice on the owner or other persons having an interest in such premises, building or structure as hereinafter provided. Generated March 14, 2012 Page 23 Southold Town Board - Letter BQard Meeting of March 13, 2012 The aforementioned notice shall be served on the owner of the building, structure or premises or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the last completed assessment roll of the Town, either personally or by registered mail, addressed to the person intended to be served at the last known place of business. If the notice is served by registered mail, the Building Inspector shall cause a copy of such notice to be posted on the premises. {}100-67. Contents of notice. The notice referred to in § 100-5 6 hereof shall contain the following: A. A description of the premises. B. A statement of the particulars in which the premises, building or structure is unsafe or dangerous or is in violation of any one or more of the provisions under § 100-4(A). C. An order requiring the premises, building or structure to be made safe and secure or removed, or if there is a violation of § 100-4A, an order to remedy. D. A statement that the securing or removal of the building or structure or the rehabilitation of the premises shall commence within 10 days from the date of the service of the notice and shall be completed within 30 days thereafter. If a violation of any one or more of the provisions under §100-4 A are cited, a statement that remediation of the violation must be completed within 10 days from the date of service of the notice. The Building Inspector may extend the time of compliance specified in the notice, where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. In granting any such extension of time, the Building Inspector may impose such conditions as he may deem appropriate. E. A statement that, in the event of the neglect or refusal of the person served with notice to comply with the same, a hearing will be held before the Southold Town Board, notice of which and the time and place thereof to be specified in the notice to the owner referred to in §100--5 6 hereof. No hearing is required if the only violation alleged is pursuant to § 100-4(A). F. A statement that, in the event that the Town Board, after the hearing specified in § 100-6 7(E) hereof, shall determine that the premises, building or structure is unsafe or dangerous to the public, the Town Board may order the building or structure to be repaired, made safe and/or secured or taken down and removed. In the case of an unsafe premises, the Town Board may order the premises rehabilitated and made safe. G. A statement that, in the event that the premises, building or structure shall be determined by the Town to be unsafe or dangerous and in the event of the neglect or refusal of the owner to make safe, repair or remove the same within the time provided, the Town may remove such building or structure or make safe the premises by whatever means it deems appropriate and assess all costs and expenses incurred by the Town in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure, against the land on which said buildings or structures are located. §100-g 8. Filing a copy of notice. A copy of the notice referred to in § 100-6 7 hereof may be filed with the County Clerk of the county within which such premises, building or structure is located, which notice shall be filed Generated March 14, 2012 Page 24 Southold Town Board - Letter Board Meeting of March 13, 2012 by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this section. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a Judge or Justice of a court of record or upon the consent of the Town Attorney. The clerk of the county where such notice is filed shall mark such notice and any record or docket thereof as canceled of record, upon the presentation and filing of such consent or of a certified copy of such order. {}100-8 9. Emergency measures to vacate. If the Building Inspector determines in his inspection of any promises, building or structure that there is actual and immediate danger of failure or collapse so as to endanger life, he shall promptly require the premises, building, structure or portion thereof to be vacated forthwith and not to be reoccupied until the specified repairs are completed, inspected and approved by the Building Inspector. For this purpose, he may enter such premises, building or structure, or land on which it stands or adjoining land or structures with such assistance and at such cost as may be necessary. He may also order adjacent structures to be vacated and protect the public by appropriate barricades or such other means as may be necessary and for this purpose may close a private or public right-of-way. The Building Inspector shall cause to be posted at each entrance to such premises, building or structure a notice stating, "This building (or premises, if applicable) is unsafe and its use or occupancy has been prohibited by the Building Inspector." Such notice shall remain posted until the required rehabilitation, repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents or other persons to remove such notice without written permission of the Building Inspector or for any person to enter the building except for the purpose of making the required repairs or the demolition thereof. §100-9-10. Costs and expenses. All costs and expenses incurred by the Town of Southold in connection with any proceeding or any work done to remove the danger or in connection with the demolition and removal of any such building or structure, or any work done to abate any violation of provisions under § 100- 4(A) of this chapter shall be assessed against the land on which such building or structure is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner thereof, with the assessors who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. Generated March 14, 2012 Page 25 Southold Town Board - Letter Board Meeting of March 13, 2012 §100 !0 11. Penalties for offenses. A. Any person who violates a provision under § 100-4(A) of this chapter shall be guilty of a violation punishable by a fine not to exceed $2,500. A~.B~ Any person who neglects, refuses or fails to comply with any order or notice issued hereunder shall be guilty of a violation punishable by a fine not to exceed $5,000 or by imprisonment for a term not to exceed 15 days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate and additional offense. ~.C_~. In addition to the criminal violation, the Town Attorney is authorized to pursue any and all actions in law or equity, including but not limited to actions for compensatory damages, civil penalties, or injunctive relief. Strict liability. Personal knowledge of the existence of a violation under this chapter is not required, no mens rea (intent) is required, and any violation charged herein shall be one of strict liability. §100 11 12. 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 of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. §100 12 1~3. When effective. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO ~.] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Doherty, Krupski Jr., Evans, Russell NAYS: Christopher Talbot Generated March 14, 2012 Page 26 Rudder, L~/nda From: Sent: To: Subject: ezsupp [ezsupp@generalcode.com] Friday, March 16, 2012 10:58 AM Rudder, Lynda RE: Thank you for your e-mail. If you are sending legislation for your next Code supplement, it will be processed in the usual manner. All other messages will be forwarded to the appropriate person, who will respond to your inquiry as soon as possible. If you have any questions, please do not hesitate to call or e- mail your Account Representative. General Code 1-800-836-8834 ezsupp@generalcode.com MARTIN D. FINNEGAN T~)WN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: From: Date: Subject: Ms. Elizabeth A. Neville, Town Clerk Lynne Krauza Secretary to the Town Attorney March 12, 2012 LUProperty Maintenance Law - SEQRA For your records, I am enclosing the original, fully executed Short Environmental Assessment Form in connection with the referenced matter. We have retained a copy of this document in our file. Also enclosed is a copy of the resolution authorizing Scott to sign same. If you have any questions, please do not hesitate to call me. Thank you for your attention. /Ik Enclosures 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR /2. PROJECT NAME Town of Southold / Amendments to Chapter 100, Buildings, Unsafe, 3. PROJECT LOCATION: Municipality $outhold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Jurisdictional limits of the Town of Southold 5. PROPOSED ACTION IS: [] new [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Local Law in relation to Amendments to Chapter 100, Buildings, Unsafe, in connection with Unsafe Buildings, Premises and Property Maintenance Law of the Town of Southold to improve enforcement and application of the code to abandoned, unsafe and and un-maintained properties. 7. AMOUNT OF LAND AFFECTED: Initially NA acres Ultimately NA acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe bdelly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other Describe: NA 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: Yes, the New York Department of State. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] NO If Yes, list agency(s) name and permit/approvals: NA 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [~Yes ~]No I CERTIFY THAT_THE INFORMATIObl. PROVID~ED ABOVE IS }'RUE TO '[HE BEST OF MY KNOWLEDGE Applicant/sponsor name: ~c4.//~'~ ~-. ~...~O (.-~'~1~ t~ ~/t Date: January 23.2012 Signature: ~'l!~ll~;l~g~~/~' ' ~4' ~'~ ~'~'~ If the action is in the Coastal Area and you are a state agency, complete the Coastal Assessment Form before proceeding with th s assessment I OVER s PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLO IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. B. WILL ACTION RECEIVE COORDINATED REVtEWAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 if No, a negative declaraffen may be superseded by another involved agency. [-"]Yes ~]No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WiTH THE FOLLOVVING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain bdefly: None C2. Aesthetic, agricultural, archaeologicel, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: None C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other nature[ resources? E)q31ain briefly: None C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None C6. Long term, short term, cumulative, or other effects not idenflfled in Cl -C57 Explain briefly: None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. WiLL THE PROJECT HAVE AN iMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes~['~ No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART Ill - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identif~d above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (al setting (i.e. urban or rural); (bi probability of occurring; (c) duration; (d) irreversibility; (el geographic scope; and (0 magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or mom potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration. [] Check this box ifyou have determined, based on the information and analysis above and any supporting documentation,that the proposed action WILl NOT result in any significant adverse environmental impacts AND provide, on altachments as necessary, the reasons supporting this determination Town of Southold Town Board Soo ~t' ussellttR Name of Lead Agency January 23, 2012 Date Supervisor ,..._aTifle of Responsible Officer rer (If diffe~p~'fTo~rpons b e officer) RESOLUTION 2012-177 ADOPTED DOC ID: 7605 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-177 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 14, 2012: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to Amendments to Chapter 100~ Boildinl[s~ Unsafe" in connection with Unsafe Buildings~ Premises and Property Maintenance Law of the Town of Southoid" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Sonthold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell MARTIN D. FINNEGAN TOWN ATTORNEY mar tin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY ]ori.hulse@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 To: From: Date: Subject: MEMORANDUM Ms. Sandi Berliner Lynne Krauza Secretary to the Town Attorney March 8, 2012 LL/Property Maintenance Law - SEQRA I am enclosing an original Short Environmental Assessment Form in connection with the referenced matter. A copy of the resolution authorizing Scott to sign this document is also enclosed. In this regard, kindly have Scott sign this form in both places where indicated and return to me for processing. Thank you for your attention. If you have any questions, please do not hesitate to call me. Ilk Enclosures cc: Ms. Elizabeth A. Neville, Town Clerk 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPL~CANT/SPONSOR /2. PROJECT NAME Town of Southold / Amendments to Chapter 100, Buildings, Unsafe, 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Jurisdictional limits of the Town of Southold 5. PROPOSEDACTION IS: [] New [] Expansion [] Modiflcationlaiteration 6. DESCRIBE PROJECT BRIEFLY: Local Law in relation to Amendments to Chapter 100, Buildings, Unsafe, in connection with Unsafe Buildings, Promises and Property Maintenance Law of the Town of Southold to improve enforcement and application of the code to abandoned, unsafe and and un-maintained properties. 7. AMOUNTOF LANDAFFECTED: Initially INA acres Ultimately NA acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other Describe: NA 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: Yes, the New York Department of State. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No if Yes, list agency(s) name and permit/approvals: NA 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I--lYes ~]No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: January 23, 2012 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A, DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL FAF. E~] Yes ~]No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a ~egaUve declaration may be superseded by anobher involved agency. E~] Yes ~-"]No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: None C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: None C4. A community's existing p~ns or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain bdefly: None Cfi. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None C6. Long ten~, short term, cumulative, or other effects not identified in 01-05? Explain briefly: None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain br~§y: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CFA)? [] Yes [] No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART lit - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adveme effect identified above, determine whether it is substantial, ladle, important or othenvise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (0 magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identifL:~d and adequately addressed. If question D of Part Ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Checkthisb~xify~uhaveidentified~ne~rm~rep~tentia~~y~arge~rsigni~cantadverse~mpactswhichMAY~ccur~ ThenproceeddirectlytotheFULI EAF and/or prepare a positive declaration. [] Check this box if you have detsrmined, based on the information and analysis above and any supporting doct~mentstion, that the proposed action WILl NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Town of Southold Town Board Name of Lead Agency Scott Russell Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency January 23, 2012 Date Supervisor Sig n~a o f~mp_aTF(le of Responsible Officer ret (If diffe,~o~'ponsib e o sar) RESOLUTION 2012-177 ADOPTED DOC ID: 7605 THIS IS TO CERTIFY THAT THE FOLLOVVING RESOLUTION NO. 2012-177 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 14, 2012: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to Amendments to Chapter 100~ Buildino. n~ Unsafe" in connection with Unsafe Buildings~ Premises and Property Maintenance Law of the Town of Southold" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell SOUTHOLD TOWN BOARD PUBLIC HEARING February 14, 2012 7:34 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Christopher Talbot Councilwoman Jill Doherty Deputy Town Clerk Linda Cooper Town Attomey Martin Finnegan This heating was opened at 8:55 PM COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of January, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 100t Buildings~ Unsafe~ in connection with Unsafe Buildings~ Premises and Proper .ty Maintenance Law of the Town of Southold" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public heating on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th day of February, 2012 at 7:34 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 Chapter 100t Buildings~ Unsafe~ in connection with Unsafe Buildlm,a~ Premises and Proper .ty Maintenance Law of the Town of Southold" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 100t Buildines, Unsafe~ in connection with Unsafe Buildlng% Premises and ProperW. Maintenance Law of the Town of Southold". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: Property Maintenance Code Public Hearing 2 February 14, 2012 §100-1. Title. This chapter shall be known as the Unsafe Bud&ngs, Premtses and ..... v ............. Property Maintenance Law of the Town of Southold." §100-2. Purpose. The purpose ofthts chapter ts to promote the v ............., ..... ~ ,..,. ~ · h .... :A~.*~ ~C*I.~"P ...... C{2.,,*1.~1.4 ti fp rty d rty 1 .................................... conserva on o rope an prope va ues, to eliminate safety and health hazards and to address unsightly conditions, environmental public nuisance{s) and dangerous obstructions to emergency vehicleaccess ........ ~-': §100-3. Tr--o. VA k..:,n: ..... n .... : ...... n.:n.:,~a · · ............... s .... r ........ r ........... Defimtlons. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). EXTERIOR PROPERTY - The open space on the premises and on adjoining property under the control of owners or operators of such premises. GARBAGE - Putrescible animal and vegetable wastes resulting fi.om the handling, preparation, cooking and consumption of food. JUNKED VEHICLE - 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. LAND - The term "land" and "property" shall have the same meaning as "premises" as defined herein. LITTER - Garbage, refuse and rubbish and all other waste material which, if thrown or deposited upon the ground, tends to create a danger to public health, safety and welfare or tends to create blight. OCCUPANT - Any individual or person occupying a premises or building, or having possession of a premises or building. OWNER - Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title or deed to the property; or other, vise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by Property Maintenance Code Public Heating 3 February 14, 2012 a court. PERSON - An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of fights and duties. PREMISES - A lot, plot or parcel of land, easement or public way, including any structures thereon. RUBBISH - Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as, but not limited to, paper wrappings, cardboard, tin cans, wood, glass, bedding, and crockery. Standards. A. Property Maintenance. Surface and subsurface water shall be adequately drained to protect buildings and structures, to prevent damage to adjacent property and to prevent the development ofsta~ant ponds. Swimming pools, spas, hot tubs and other similar structures erected for recreational use shall be maintained so as to avoid the stagnation of the water therein. Landscaping shall be adequately maintained so that lawns, hedges, bushes, weeds and trees do not become overgrown and unsightly so as to constitute an unsafe condition or blight. At no time shall landscaping, hedges, bushes, weeds or trees create an impediment to emergency and/or fire rescue vehicle access. Garbage, crates, rubbish, refuse or debris shall be kept inside building or buildings on the premises, or in an acceptable enclosed container, and shall be regularly collected and removed from the premises. Open wells, cesspools or cistems shall be securely closed or barricaded to prevent access by the public. Junked or unregistered vehicles may not be located or stored in open view, but shall be stored in a suitable location inside a building or behind a fence outside of public view. 6. Exterior facades shall at all times be kept free of graffiti or other defacement.. Unsafe buildings. All buildings or structures which are structurally unsafe, dangerous, unsanitary or not provided with adequate egress or which in relation to existing use constitute a hazard to safety or health by reason of inadequate Property Maintenance Code Public Heating February 14, 2012 4 maintenance, dilapidation, obsolescence or abandonment are, severally, for the purpose of this chapter, unsafe buildings. All such buildings and structures are hereby declared to be illegal and are prohibited and shall be abated by repair and rehabilitation or by demolition and removal in accordance with the procedures of this chapter. Unsafe premises. All premises which are unsafe or dangerous, which suffer from inadequate maintenance or neglect or which do not permit or provide for adequate access by emergency and/or fire rescue vehicles are, for the purpose of this chapter, unsafe premises. All such premises are hereby declared to be illegal, are prohibited and shall be abated by repair and rehabilitation in accordance with the procedures of this chapter. §100-4-_5. Inspection and report. Unsafe building. When, in the opinion of the Building Inspector, any structure located in the Town shall be deemed to be unsafe or dangerous to the public, he shall make a formal inspection thereof and thereafter prepare a written report thereof and file the same in his office. Unsafe premises. When, either on the Building Inspector's own volition or after receiving a written recommendation from the Commissioners of any Fire Department or Fire District or from the Village of Greenport Fire Wardens or Village Trustees located in the Town that any premises is unsafe in that it does not permit or provide for adequate access by emergency and/or fire rescue vehicles as required by §280-109(C), in which recommendation the Building Inspector concurs, the Building Inspector shall make a formal inspection thereof and thereafter prepare a written report thereof and file the same in his office. §100-56. Service of notice. When it shall be determined by the Building Inspector that a building, premises or structure is dangerous or unsafe to the public, or is in violation of any one or more of the provisions under § 100-4(A), he shall promptly serve or cause to be served a notice on the owner or other persons having an interest in such premises, building or structure as hereinafter provided. The aforementioned notice shall be served on the owner of the building, structure or premises or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the last completed assessment roll of the Town, either personally or by registered mail, addressed to the person intended to be served at the last known place of business. If the notice is served by registered mail, the Building Inspector shall cause a copy of such notice to be posted on the premises. §100-67. Contents of notice. Property Maintenance Code Public Hearing 5 February 14, 2012 The notice referred to in §100-S _6 hereof shall contain the following: A. A description of the premises. A statement of the particulars in which the premises, building or structure is unsafe or dangerous or is in violation of any one or more of the provisions under §100-4(A). An order requiring the premises, building or structure to be made safe and secure or removed, or if there is a violation of § 100-4A, an order to remedy. A statement that the securing or removal of the building or structure or the rehabilitation of the premises shall commence within 10 days from the date of the service of the notice and shall be completed within 30 days thereafter. Ifa violation of any one or more of the provisions under §100-4 A are cited, a statement that remediation of the violation must be completed within 10 days from the date of service of the notice. The Building Inspector may extend the time of compliance specified in the notice, where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. In granting any such extension of time, the Building Inspector may impose such conditions as he may deem appropriate. Eo A statement that, in the event of the neglect or refusal of the person served with notice to comply with the same, a hearing will be held before the Southold Town Board, notice of which and the time and place thereof to be specified in the notice to the owner referred to in § 100-5 _6 hereof. No hearing is required if the only violation alleged is pursuant to §100-4(A). A statement that, in the event that the Town Board, after the hearing specified in §100-6 7(E) hereof, shall determine that the premises, building or structure is unsafe or dangerous to the public, the Town Board may order the building or structure to be repaired, made safe and/or secured or taken down and removed. In the case of an unsafe premises, the Town Board may order the premises rehabilitated and made safe. A statement that, in the event that the premises, building or structure shall be determined by the Town to be unsafe or dangerous and in the event of the neglect or refusal of the owner to make safe, repair or remove the same within the time provided, the Town may remove such building or structure or make safe the premises by whatever means it deems appropriate and assess all costs and expenses incurred by the Town in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure, against the land on which said buildings or structures are located. §100-7 8. Filing a copy of notice. Property Maintenance Code Public Heating February 14, 2012 6 A copy of the notice referred to in §100-6 7 hereof may be filed with the County Clerk of the county within which such premises, building or structure is located, which notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this section. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a Judge or Justice of a court of record or upon the consent of the Town Attorney. The clerk of the county where such notice is filed shall mark such notice and any record or docket thereof as canceled of record, upon the presentation and filing of such consent or of a certified copy of such order. §100-8 9. Emergency measures to vacate. If the Building Inspector determines in his inspection of any premises, building or structure that there is actual and immediate danger of failure or collapse so as to endanger life, he shall promptly require the premises, building, structure or portion thereof to be vacated forthwith and not to be reoccupied until the specified repairs are completed, inspected and approved by the Building Inspector. For this purpose, he may enter such premises, building or structure, or land on which it stands or adjoining land or structures with such assistance and at such cost as may be necessary. He may also order adjacent structures to be vacated and protect the public by appropriate barricades or such other means as may be necessary and for this purpose may close a private or public tight-of- way. The Building Inspector shall cause to be posted at each entrance to such premises, building or structure a notice stating, "This building (or premises, if applicable) is unsafe and its use or occupancy has been prohibited by the Building Inspector." Such notice shall remain posted until the required rehabilitation, repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents or other persons to remove such notice without written permission of the Building Inspector or for any person to enter the building except for the purpose of making the required repairs or the demolition thereof. §100-9-10. Costs and expenses. All costs and expenses incurred by the Town of Southold in connection with any proceeding or any work done to remove the danger or in connection with the demolition and removal of any such building or structure, or any work done to abate any violation of provisions under §I00-4(A) of this chapter shall be assessed against the land on which such building or structure is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay such expenses within 10 days afier the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection Property Maintenance Code Public Hearing February 14, 2012 with which the expenses were incurred and the owner thereof, with the assessors who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enfomed in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. §100-t0 11. Penalties for offenses. Any person who violates a provision under § 100-4(A) of this chapter shall be guilty of a violation punishable by a fine not to exceed $2,500. Any person who neglects, refuses or fails to comply with any order or notice issued hereunder shall be guilty of a violation punishable by a fine not to exceed $5,000 or by imprisonment for a term not to exceed 15 days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate and additional offense. In addition to the criminal violation, the Town Attorney is authorized to pursue any and all actions in law or equity, including but not limited to actions for compensatory damages, civil penalties, or injunctive relief. Gr.D~. Strict liability. Personal knowledge of the existence of a violation under this chapter is not required, no mens rea (intent) is required, and any violation charged herein shall be one of strict liability. §100 11 12. 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 of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. §100 12 13. When effective. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. I have a notice that it was posted on January 30th on the Town Clerk's bulletin board and in the Suffolk Times on February 2nd. A letter from the Donald Wilcenski, Chairman of the Planning Board, 'Thank you for the opportunity to provide comments on the proposed amendments to the town code referenced above. The Planning Board has reviewed the proposed amendments and supports the changes.' Andrew Freleng, Chief Planner, Property Maintenance Code Public Heating February 14, 2012 Suffolk County, 'Determines that it is a matter for local determination as there is no apparent significant county wide or inter-community impact. The decision of local determination shall not be construed as either an approval or a disapproval.' And just an unlisted action under SEQRA. And that is it. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law. PATRICIA MOORE: I am supportive of this one. This one I think, to me, is the foreclosure situation in most instances that unfortunately, you know, the whole country is subjected to and you know, maintenance of properties that can certainly impact the neighborhood for sure. It seems to me that the issue that you are trying to address with a site plan that either doesn't get built or has a stall out because of whatever reasons, you could include in the property maintenance provision any installation of landscaping or drainage required under a site plan because if that is really what you are trying to address which is those improvements that the community may have relied on. If the person had gone through the site plan process in the middle of construction, that is understandable you know, then you really, one extra sentence and you can address this section not just landscaping shall be adequately maintained and so on and maybe that landscaping hasn't been put in and that is really the solution to protecting the neighborhood. Because you never, you don't want the site plan to be lost, you just want certain protections to be put into place. Keep the property cleaned, you know, until everybody resolves whatever disputes might have occurred. And then as, if you don't have anybody then you (inaudible) you do what you have to do and then you have it as a lien against the property. So it is proactive, it is addressing an issue of problems that I think is more targeted by this process and it just happens that it occurs, the heating is occurring immediately thereafter but I think that you can scrap all the stuff that the Planning Board was trying to add on the other one and just put a simple sentence here and then you know, have properties be maintained. It is simple. And that would protect the investment of the commercial district as well as the residential districts. That is my opinion. SUPERVISOR RUSSELL: Thank you. BARBARA MCADAM: Good evening, Barbara McAdam. I want to commend the Town Board for this initiative and Ms. Moore referenced the housing crisis. I think all of us, our property values have gone down because of that but we have homes in our neighborhoods that are vacant because of foreclosure that devalues it even further. So it is a real concern for us, particularly in my subdivision, we have one property of concern and we are going through year three and it is just deteriorating and deteriorating. I had a question though, if you could elaborate on # 2 under the standards of property maintenance, referring to the landscaping. Basically I guess what I want to know is how high does the grass and the weeds have to grow before the town will come in .... COUNCILMAN TALBOT: I think it is designated in there as 10 inches, isn't it? Property Maintenance Code Public Hearing February 14, 2012 COUNCILMAN KRUPSKI: No, it is not. We had that discussion at work session. There are details that we want to make sure were real clear, so that if someone doesn't have a lawn that is five inches high and (inaudible). A neighbor is going to use it as a neighbor grudge and go after somebody that their hedge should be trimmed the same height as my hedge and I don't like it, I am going to call the town, that is not our intention. It has got to be worded so that doesn't happen. SUPERVISOR RUSSELL: What we were trying to do with this was trying to get the cumulative effect of not doing, not cutting the grass, not trimming the bushes, not maintaining the property and having a cumulative effect. It is not about a law that makes sure that your grass is only a certain height. In other words, we don't want it segmented, the intent, the idea is and we did talk today and say maybe the law doesn't quite get to where, what we intend to do so that it is not just a question of grass height, it is a question of the cumulative effects but certainly I am aware of the situation there and it has been frustrating for us. I want to point out, this is already available under the New York State building code, the reason the town wants to adopt it locally is so that we have a process, a judicial process so that we can go in and effect change to the property and lien the property with those costs. That is just not available to us under the state building code. MS. MCADAM: Thank you. What process, you know, if this condition continues do the neighbors still have to call Mr. Rallis? SUPERVISOR RUSSELL: Well, Mr. Rallis would be able to, under this code, cite the property owner, try to reach out. In many cases, the owners am completely gone and it is a third party mortgage company out of South Dakota. The idea is to bring notice to the due party and make them accountable. Have a public hearing and if they don't respond, for the town to be able to go in and get the job done and then be able to take the costs incurred and then lien them against the property through the tax bill. Which is the most enforceable lien available. MS. MCADAM: So we are looking to this growing season that it won't just be once during the entire summer that the town will come in and mow the property? SUPERVISOR RUSSELL: We would do it, again, I have to be candid. I know your community, will we be able to achieve the standard most of your neighbors have in maintaining their properties? Probably not. But certainly more than once. We had a case in Mattitucl~ a few years ago which was a similar situation, we had to go through a tremendous process just to be able to get on site and get the work done but we have been back, we have been back and maintained it. The ownership there is a little bit more nebulous as to who actually owns the site but we have been maintaining it, we go down, usually quite honestly the property owners homeowner association and tell me and we will go and address it as quickly as we can. MS. MCADAM: Thank you. That is really encouraging. I thank you very much. Property Maintenance Code Public Hearing 10 February 14, 2012 SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this particular local law? JULIA RAPUANO: Good evening, I am Julia Rapuano. I worked on this myself, I sent you a letter and I sent you all the attachments, I have been dealing with Wells Fargo and they suck. I mean, I cannot tell you how many certified letters that I have sent them. We have taken care of that property, it is right next to me. I don't see it because I am all treed in. And I don't hear anything. If I had to look at it, I would be very, very upset. But we have done the best that we can and I really hope that we can do something not only for our area but I hear it is horrible, further east, Orient and I have heard of that bank in Mattituck also. We have done our best, I just wanted you to know that. I have plenty of letters that I sent out to Wells Fargo. They have a note on the back door, a company that you can contact who will come and do the work. They sent out one person in the last two years, he came by himself with a little mower and said to me, I wish they would have told me I needed the tractor. (Inaudible) And two and a half days later and it was (inaudible) who does the work for the town that actually came at my request and has mowed the property all the way up about two feet just to keep it clean from animal and the house itself has deteriorated also, that is the other thing. You know, there are broken windows that are boarded (inaudible) and that is the thing that worries me the most, like I don't know what the heck (inaudible) but anything you can do, we would really, really appreciate it. if we can help you in any way, we will do it, believe me. SUPERVISOR RUSSELL: You know, to be candid, we didn't necessarily want to get into the property maintenance business but we have no choice. A lot of times, the secondary market bought the mortgage, they are out of state, they will contract with a property maintenance company who is up west and overwhelmed with work, so they are not getting out here. At the same time, we want to protect the taxpayer, so this gives us an avenue to go get the work done and make sure the taxpayers in town get fully reimbursed for that through the tax lien each year. More seamless than it has been in the past. MS. RAPUANO: Well, thank you very much. We appreciate it. SUPERVISOR RUSSELL: Would anybody else like to address the town on this local law? COUNCILMAN TALBOT: I want to make a comment though. I have been against this law the whole time since it was first introduced and the reason I am against it is because the building department already has the ability to enforce these codes. You can see as in resolution 174 that we had today, we did have a public heating this morning in regards to a property similar to this with dilapidated structures and we already have that in place where we can get this thing demo'd, cleaned up or whatever and assess the property owner. This stuff is already in place. The code is the property maintenance code of New York State, it is far more in depth than what is being proposed here and these guys have to enforce it. you can throw as many sentences or paragraphs into a code but the guys still have to enforce it. and as we had today with this hearing, we've done it today and Property Maintenance Code Public Hearing February 14, 2012 11 we did it last year on a property up there on Youngs Avenue, we had the hearing, we went over there and we cleaned the property up. We have the ability to do it now, in the property maintenance code New York State, you can go on the Department of State website, it is all on the intemet and you can review the property maintenance code and you will be thrilled to see the stuffthat is in there. It goes anywhere from landscaping to septic systems, to open buildings. It is not just related to residential but commercial, residential, drainage, everything is in that code. And we have the ability to do it now, so know matter how many laws you put on the books, we still have got to do the job. And that is why I don't agree with adding something new where it is already in place. This heating was closed at 9:09 PM Linda J. Cooper Deputy Town Clerk SUMMARY OF LLIPROPERTY MAINTENANCE CODE THE PROPOSED LOCAL LAW THAT IS BEING SCHEDULED FOR A PUBLIC HEARING THIS EVENING AMENDS CHAPTER 100 OF THE SOUTHOLD TOWN CODE. THE PURPOSE OF THE PROPOSED AMENDMENTS TO CHAPTER 100 UNSAFE BUILDINGS IS TO ADDRESS PROPERTY MAINTENANCE CONCERNS SUCH AS UNENCLOSED GARBAGE, STAGNATION OF WATER, OPEN SEPTIC SYSTEMS, AND OVERGROWN LANDSCAPING WHICH MAY RESULT IN BLIGHT, REDUCED PROPERTY VALUES, POTENTIAL RODENT AND INSECT INFESTATION AND OTHER HEALTH AND SAFETY ISSUES CONSISTENT WITH LANGUAGE OF THE STATE CODE. THE CHANGES PROVIDE A PROCEDURE WHEREBY THE OFFICE OF CODE ENFORCEMENT WILL NOTIFY AN OWNER OR INTERESTED PARTY OF THE DELETERIOUS CONDITION OF THE PREMISES, AND ALLOW FOR CORRECTION MEASURES THAT CAN BE TAKEN BY THE OWNER TO BRING THE PROPERTY INTO COMPLIANCE. IF REMEDIATION IS NOT COMPLETED IN A TIMELY MANNER, IN ADDITION TO THE EXISTING REMEDIES IN CHAPTER 100, THE TOWN MAY COMPLETE THE REMEDIATION AND CHARGE THE COSTS BACK TO THE PROPERTY OWNER THROUGH THE ASSESSOR'S OFFICE. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE. Page 1 of 1 Cooper, Linda From: Krauza, Lynne Sent: Thursday, March 08, 2012 8:42 AM To: Neville, Elizabeth; Cooper, Linda; Rudder, Lynda Cc: Finnegan, Martin; Hulse, Lori Subject: LL/Property Maintenance Law F/Y/I - Martin revised the purpose for the referenced local law. I made the revisions to the enactment resolution in Minute Traq (2012-180). Thank you. 3/8/2012 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) L1NDA J. COOPER, Deputy Town Clerk of the Town of Southold, New York being duly sworn, says that on the ..fi(9 day of~z<~.g~, 2012, she affixed a notice of which the annexed printed notice is a tree ctYpy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: Chapter 100, Property Maintenance PH 2/14/12 Sworn before mq this ~oe~ day of Notary ~P_)blic ,201/)~ ¢O]',INIE J. DOROSKI Notary Public, State Ol NewYorl~ No. 01D06095328, Suffolk C~Oun~ lerm Expires JuLy 1, 20 t. ~ .. -Li'~d~ J. Coope~'- -- Deputy Town Clerk #10545 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 2nd dayof February, 2012. Principal Clerk Sworn to before me this day of ~,,~...,i~'''~ 2012. ;~ 28, 2032 My Com~ LEGAL NOTICE NOTIC~ OF PUBLIC HEARING NOTICI~ IS lt~REBY GIVEN, there has been presented to the Town RUBBIS~I .- Nont~utr~ihl~ salid perann intended to be served at the last structure~ x~fith auch County, New York, On the 1?th day of and ~o~combustible wa~te~, auch as. b.t served by registered mail the Building also order not bruited to. paper wrapping, card. Inspector shall cause a copy of such no- cated and prot ~e~t. the publig L~al l~l~,.a~...~ ~,~ ........ crockerY. §100~.7.. Conten~ ofnofice, may be necessary and ~¢~n~l~ee ~...n~_~n~pr~_,¢~._~.. §10~-~_4.L~,.U..~.',~ .~'" ~-:.-=-...~ e;--;;;- The notice referred ...... to in §100-fi 6 may close a l~ivatendor Southold, New York, on the ~.41Jt.~ Uar structures erected for f~-T~ati~nl buJldJngorstructur~tob~mad~safeand . ~--- be given ~e propo~d Local Law entitled, ~ maintained so that Inwnt 1~4~ bo~h. ~slzOvl~ Of thc bui[d~ o~' ~.-- ....... '"e Pu°"c, me Town Board may order and the owner t~v~ · or t ~ose o~ ~ Chap~/~r, ha~ meanln _o%3,~ /132;[~/11¢d, Any WOrd or term ]~Ow shnll be used with a meanin_~ /~.ed in.W~bst~r's ThirdJ~g ~ect or wh,ch do not ~=it or ..... ~a~. t~e p~mls~ ~ding or s~ctu~ ma.n., ~,~d enfor~d m ~e same for adequate a~ ~ eme~n~ sn~.oe dete~ by the ~ to ~ s~Y ~ ~e pr~ at ~e ~ r~e ve~cl~ ~ f~'~,~ ~nsMe or ~us ~d in ~e e~ ~f~ ~ ~o ~der ~e ~me ~n~fi~ of t~ chapter, ~e ;~::' ~r~ ~e here. or ~ of ~e o~ ~ ~2~d~ by law for ~e PLANNING BOARD MEMBERS DONALD J. WILCENSICI Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: From: Date: Re: Elizabeth A. Neville, Town Clerk Donald J. Wilcenski, Chairman, Planning Board January 27, 2012~.,J ~.\ Resolution Numbers 2012-105 & 106: "A Local Law in Relation to Amendments to Chapter 100, Buildings, Unsafe, in connection with Unsafe Buildings, Premises and Property Maintenance Law of the Code of the Town of Southold Thank you for the opportunity to provide comments on the proposed amendments to the Town Code referenced above. The Planning Board has reviewed the proposed amendments and supports the changes. CC: Scott Russell, Town Supervisor Members of the Town Board Town Attorney DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE January 27, 2012 SARAH LANSDALE, AICP Director of Planning Town of Southold PO Box 1179 Southold, New York 11935 Att: Ms. Elizabeth A. Neville, Clerk Applicant: Zoning Action: Dear Ms. Neville: Public Hearing Date.: Resolution No.: S.C.P.D. File No.: Town of Southold Amendment; Chapter 100 "Unsafe Buildings, Premises & Property Maintenance Law" February 14, 2012 2012-105 & 2012-106 SD- 12-LD Pursuant to the requirements of Sections A14-14 thru Ai4-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for Local Determination as there is no apparent significant county wide or inter-community impact. A decision of Local Determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale Director of Planning Chief Planner APF:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 8534044 01/27/20i2 12~01 631-853-4044 S C PLANING DEPT PAGE 02 DEPARTMENT Of PLANNING COUNTY OF SUFFOLK STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE January 27, 2012 SARAH LANSDALE, AICP Diremmr of Planning Town of Southold PO Box 1179 Southold, New York 11935 Att: Ms. Elizabeth A. Neville, Clerk Applicant: Zoning Action: Public lrlearing Date.: Resolution No.: S,C.P.D. File No.: Dear Ms. Neville: Town of Southold Amendment; Chapter 100 "Unss~fe Buildings, Premises & Property Maintenance Law" February 14, 2012 2012-105 ~: 2012-106 SD- 12-LD Pursuant to the requirements of Sections A14-14 thru A~4-25 of tlle Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County PlaJaning Commission is considered to be a matter for Local Determination as there is no apparent significant county wide or inter-community impact. A decision of Local Determination should not be construed as either an approval or disapproval Very truly yours, Sarah Lansdale Director of Planning Chief Planner APF :ds LOCATION MAILING Ai~DRES$ H LEE DENNISON BLDG,. 4TH FLOOR P.O. BOX 8100 (631) 853-5191 1 oo VETERANS MEMORIAL HIGHWAY HAUEPAUGE, NY 11788-0099 TELECOPIER (631) B53-40~,4 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR ~2. PROJECT NAME Town of Southold / Amendments to Chapter 100, Buildings, Unsafe, 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Jurisdictional limits of the Town of Southold 5. PROPOSED ACTION tS: [] New [] Expansion [] Modiflcation/alteretion 6. DESCRIBE PROJECT BRIEFLY: Local Law in relation to Amendments to Chapter 100, Buildings, Unsafe, in connection with Unsafe Buildings, Premises and Property Maintenance Law of the Town of Southold to improve enforcement and application of the code to abandoned, unsafe and and un-maintained properties. 7. AMOUNT OF LAND AFFbc; ~ I:U: Initially INA acres Ultimately NA acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: NA ['~Agricuiture [] PaddForest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: Yes, the New York Department of State. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) I~arne and permit/approvals: NA 12. AS A RESULT OF PROPOSED ACTION VVILL EXISTING PERMiT/APPROVAL REQUiRE MODiFiCATiON? []Yes I'~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicanl/sponsor name: Date: January 23, 2012 Signature: OVER 1 PART II - IMPACT ASSESSMENT (To be completed by Lead A~lency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. [~] Yes r~No B. WiLL ACTION RECEIVE COORDINATED REVIEWAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. r"-i Yes ~]No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answem may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pabem, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: None C2. Aesthetic, agricultural, archaeolegicol, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered spedes? Explain briefly: None C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain bdefly: None C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None C6. Long term, short term, cumulative, or other effects not identified in C1 -C57 Explain briefly: None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain brietiy: None D. VVlLL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes ~-~F~ No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, la~ge, important or othe~vise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that ail relevant adverse impacts have been identified and adequately addressed, If question D of Part II was checked yes, the determination of signiticanca must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified adverse which MAY Then to the FULl one or mort potentially large or significant impacts occur. proceed directly EAF and/or prepare a positive declaration. [] Chec~ this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WIM NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Town of Southold Town Board Name of Lead Agency Scott Russell Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency January 23, 2012 Date Supervisor ~ Title of Responsible Offiser ,..,/.~,~.. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 SouthoId, NYl1971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Supervisor Scott Russell Town of Southold Town Board From: Mark Terry, Principal Planner \,~x~'/ LWRP Coordinator Date: January 23, 2012 Re: A Local Law entitled "A Local Law in relation to Amendments to Chapter 100, Buildin.qs, Unsafe, in connection with Unsafe Buildinqs, Premises and Property Maintenance Law of the Town of Southold" The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the LWRP Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Martin Finnegan, Town Attorney Jennifer Andaloro, Assistant Town Attorney ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Donald Wilcenski, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr. Sidor: January 18, 2012 Re: Resolution Numbers 2012- 105 & 106 "A Local Law in Relation to Amendments to Chapter 100, Buildings, Unsafe, in connection with Unsafe Buildings, Premises and Property Maintenance Law of the of the Code of the Town of Southold. The Southold Town Board at their regular meeting held on January 17, 2012 adopted the resolutions referenced above. Certified copies are enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Suffolk County Department of Planning for their review. The date and time for this public hearing is 7:34PM, Tuesday, Februa~ 14, 2012. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Southold Town Clerk Enclosure cc: Town Board ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January18,2012 Re: Resolution Numbers 2012-105 & 106 "A Local Law in Relation to Amendments to Chapter 100, Building, Unsafe, in connection with Unsafe Buildings, Premises and property Maintenance Law of the Code of the Town of Southold. Andrew P. Freleng, Chief Planner Suffolk County Department of Planning Post Office 8ox 6100 Hauppauge, New York 11788-0099 Dear Mr. Freleng: The Southold Town Board at their regular meeting held on January 17, 2012 adopted the resolutions referenced above. Certified copies are enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Southold Town Planning Board for their review. The date and time for this public hearing 7:34 PM, Tuesday, February 14, 2012. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Southold lown Clerk Enclosure cc: Town Board Page 1 of l Cooper, Linda From: Candice Schott [cschott@timesreview,com] Sent: Monday, January 30, 2012 3:36 PM To: Cooper, Linda Subject: RE: Property Maintenance PH 2-14-12 Hi Linda, I have received the notice and we are good to go. Thanks and have a great afternoon! Candice From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us] Sent; Honday, January 30, 2012 3:34 PH To: tr-legals Subject: Property Maintenance PH 2-14-12 for publication in the 2/2/12 edtion of the Suffolk Times THANK YOU 1/30/2012 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of January, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 100, Buildings, Unsafe, in connection with Unsafe Buildings, Premises and PropertT Maintenance Law of the Town of Southold' and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th day of February, 2012 at 7:34 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 Chapter 100, Buildings~ Unsafe, in connection with Unsafe Buildings, Premises and Proper~ Maintenance Law of the Town of Southold' reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 100t Buiidings~ Unsafe~ in connection with Unsafe Buildings~ Premises and Property Maintenance Law of the Town of Southold'. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: §100-1. Title. This chapter shall be known as the "Unsafe B,,ikli,,o~ Promi¢oe anti t~ll .... ,4 c .......... Property Maintenance Law of the Town of Southold." §100-2. Purpose. The purpose of this chapter is to promote the public ........ h~+~, ..... .~c ...... : ~...,4, ...... .............. ~ .... ~c~ of · ~ .... :,4~,~ ~c,~.~ m ...... c e^..,~.-~,4 conservation of property and property values, to eliminate safety and health hazards and to address unsightly conditions, environmental public nuisance(s) and dangerous obstructions to emergency vehicle access. ~ Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). EXTERIOR PROPERTY - The open space on the premises and on adjoining property under the control of owners or operators of such premises. GARBAGE Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. JUNKED VEHICLE - 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. LAND - The term "land" and "property" shall have the same meaning as "premises" as defined herein. LITTER - Garbage, refuse and rubbish and all other waste material which, if thrown or deposited upon the ground, tends to create a danger to public health, safety and welfare or tends to create blight. OCCUPANT - Any individual or person occupying a premises or building, or having possession of a premises or building. OWNER Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title or deed to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a co[lrt. PERSON - An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties. PREMISES - A lot, plot or parcel of land, easement or public way, including any structures thereon. RUBBISH - Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as, but not limited to, paper wrappings, cardboard, tin cans, wood, glass, bedding, and crockery. ............... s .....v ......... v ........... Standards. A. Property Maintenance. Surface and subsurface water shall be adequately 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 similar structures erected for recreational use shall be maintained so as to avoid the stagnation of the water therein. Landscaping shall be adequately maintained so that lawns, hedges, bushes, weeds and trees do not become overgrown and unsightly so as to constitute an unsafe condition or blight. At no time shall landscaping, hedges, bushes, weeds or trees create an impediment to emergency and/or fire rescue vehicle access. Garbage, crates, rubbish, refuse or debris shall be kept inside building or buildings on the premises, or in an acceptable enclosed container, and shall be regularly collected and removed from the premises. Open wells, cesspools or cisterns shall be securely closed or barricaded to prevent access by the public. Junked or unregistered vehicles may not be located or stored in open view, but shall be stored in a suitable location inside a building or behind a fence outside of public view. 6. Exterior facades shall at all times be kept free of graffiti or other defacement. A:.B~. Unsafe buildings. All buildings or structures which are structurally unsafe, dangerous, unsanitary or not provided with adequate egress or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are, severally, for the purpose of this chapter, unsafe buildings. All such buildings and structures are hereby declared to be illegal and are prohibited and shall be abated by repair and rehabilitation or by demolition and removal in accordance with the procedures of this chapter. Unsafe premises. All premises which are unsafe or dangerous, which suffer from inadequate maintenance or neglect or which do not permit or provide for adequate access by emergency and/or fire rescue vehicles are, for the purpose of this chapter, unsafe premises. All such premises are hereby declared to be illegal, are prohibited and shall be abated by repair and rehabilitation in accordance with the procedures of this chapter. §100-4-_5. Inspection and report. Unsafe building. When, in the opinion of the Building Inspector, any structure located in the Town shall be deemed to be unsafe or dangerous to the public, he shall make a formal inspection thereof and thereafter prepare a written report thereof and file the same in his office. Unsafe premises. When, either on the Building Inspector's own volition or after receiving a written recommendation from the Commissioners of any Fire Department or Fire District or from the Village of Greenport Fire Wardens or Village Trustees located in the Town that any premises is unsafe in that it does not permit or provide for adequate access by emergency and/or fire rescue vehicles as required by {}280-109(C), in which recommendation the Building Inspector concurs, the Building Inspector shall make a formal inspection thereof and thereafter prepare a written report thereof and file the same in his office. §100-5 6. Service of notice. When it shall be determined by the Building Inspector that a building, premises or structure is dangerous or unsafe to the public, or is in violation of any one or more of the provisions under {} 100-4(A), he shall promptly serve or cause to be served a notice on the owner or other persons having an interest in such premises, building or structure as hereinafter provided. The aforementioned notice shall be served on the owner of the building, structure or premises or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the last completed assessment roll of the Town, either personally or by registered mail, addressed to the person intended to be served at the last known place of business. If the notice is served by registered mail, the Building Inspector shall cause a copy of such notice to be posted on the premises. §100-6 _7. Contents of notice. The notice referred to in {} 1004 _6 hereof shall contain the following: A. A description of the premises. A statement of the particulars in which the premises, building or structure is unsafe or dangerous or is in violation of any one or more of the provisions under {} 100-4(A). An order requiring the premises, building or structure to be made safe and secure or removed, or if there is a violation of § 100-4A, an order to remedy. A statement that the securing or removal of the building or structure or the rehabilitation of the premises shall commence within 10 days from the date of the service of the notice and shall be completed within 30 days thereafter. If a violation of any one or more of the provisions under § 100-4 A are cited, a statement that remediation of the violation must be completed within 10 days from the date of service of the notice. The Building Inspector may extend the time of compliance specified in the notice, where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. In granting any such extension of time, the Building Inspector may impose such conditions as he may deem appropriate. A statement that, in the event of the neglect or refusal of the person served with notice to comply with the same, a hearing will be held before the Southold Town Board, notice of which and the time and place thereof to be specified in the notice to the owner referred to in §100-$ 6_ hereof. No hearing is required if the only violation alleged is pursuant to § 100-4(A). A statement that, in the event that the Town Board, after the hearing specified in § 100-6 7_(E) hereof, shall determine that the premises, building or structure is unsafe or dangerous to the public, the Town Board may order the building or structure to be repaired, made safe and/or secured or taken down and removed. In the case of an unsafe premises, the Town Board may order the premises rehabilitated and made safe. A statement that, in the event that the premises, building or structure shall be determined by the Town to be unsafe or dangerous and in the event of the neglect or refusal of the owner to make safe, repair or remove the same within the time provided, the Town may remove such building or structure or make safe the premises by whatever means it deems appropriate and assess all costs and expenses incurred by the Town in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure, against the land on which said buildings or structures are located. §100-g 8. Filing a copy of notice. A copy of the notice referred to in §100-6 7 hereof may be filed with the County Clerk of the county within which such premises, building or structure is located, which notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this section. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a Judge or Justice of a court of record or upon the consent of the Town Attorney. The clerk of the county where such notice is filed shall mark such notice and any record or docket thereof as canceled of record, upon the presentation and filing of such consent or of a certified copy of such order. §100-8 9. Emergency measures to vacate. If the Building Inspector determines in his inspection of any premises, building or structure that there is actual and immediate danger of failure or collapse so as to endanger life, he shall promptly require the premises, building, structure or portion thereof to be vacated forthwith and not to be reoccupied until the specified repairs are completed, inspected and approved by the Building Inspector. For this purpose, he may enter such premises, building or structure, or land on which it stands or adjoining land or structures with such assistance and at such cost as may be necessary. He may also order adjacent structures to be vacated and protect the public by appropriate barricades or such other means as may be necessary and for this purpose may close a private or public right-of- way. The Building Inspector shall cause to be posted at each entrance to such premises, building or structure a notice stating, "This building (or premises, if applicable) is unsafe and its use or occupancy has been prohibited by the Building Inspector." Such notice shall remain posted until the required rehabilitation, repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents or other persons to remove such notice without written permission of the Building Inspector or for any person to enter the building except for the purpose of making the required repairs or the demolition thereof. {}100-9-10. Costs and expenses. All costs and expenses incurred by the Town of Southold in connection with any proceeding or any work done to remove the danger or in connection with the demolition and removal of any such building or structure, or any work done to abate any violation of provisions under § 100-4(A) of this chapter shall be assessed against the land on which such building or structure is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner thereof, with the assessors who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. §100 !0 1_~1. Penalties for offenses. Any person who violates a provision under § 100-4(A) of this chapter shall be guilty of a violation punishable by a fine not to exceed $2,500. A:.B~. Any person who neglects, refuses or fails to comply with any order or notice issued hereunder shall be guilty of a violation punishable by a fine not to exceed $5,000 or by imprisonment for a term not to exceed 15 days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate and additional offense. In addition to the criminal violation, the Town Attorney is authorized to pursue any and all actions in law or equity, including but not limited to actions for compensatory damages, civil penalties, or injunctive relief. C~.D~ Strict liability. Personal knowledge of the existence of a violation under this chapter is not required, no mens rea (intent) is required, and any violation charged herein shall be one of strict liability. §100-1412. 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 of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. §100-1g 1--3. When effective. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: Janaury 17, 2012 BOARD BY ORDER OF THE TOWN OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk Please publish on February 2, 2012 and forward one affidavit of publication to Elizabeth A. Neville, Town Clerk, P O Box 1179, Southold NY 11971 Copies to: Suffolk Times Buildiing Dept Town Board Web Site Town Attorney Town Clerk Bulletin Board RESOLUTION 2012-106 ADOPTED DOC ID: 7506 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-106 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 17, 2012: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 100T Buildings~ Unsafe~ in connection with Unsafe Buildings~ Premises and Property Maintenance Law of the Town of Southold" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [$ TO 1] MOVER: Albert Krupski Jr., Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Doherty, Krupski Jr., Evans, Russell NAYS: Christopher Talbot RESOLUTION 2012-105 ADOPTED DOC ID: 7505 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-105 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 17, 2012: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of January, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 100, Buildingst Unsafet in connection with Unsafe Buildings~ Premises and Proper ,ty Maintenance Law of the Town of Southold" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th day of February, 2012 at 7:34 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 Chapter 100t Buildingst Unsafet in connection with Unsafe Buildingst Premises and Property Maintenance Law of the Town of Southold" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 100t Building[st Unsafe~ in connection with Unsafe Building[st Premises and Property Maintenance Law of the Town of Southold". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: §100-1. Title. This chapter shall be known as the "Unsafe Buildings, Premises and ~ Property Maintenance Law of the Town of Southold." §100-2. Purpose. The purpose of this chapter is to promote th ..a.u. ~,~. o.c~, .... a ...... ~ .... ~c .... c,~ .~o.~.....o-~:a~-*~ ..~c'~'~..~ T.own of Sout~old conse~ation of property ~d prope~y values, to eliminate safety and health hazards and to address unsightly conditions, environmental public nuisance(s) and dangerous obstructions to emergency vehicle ~.a ,~ ..........,:~- ~r ..... ~. access ......................... v,-w, ,Y and Resolution 2012-105 Board Meeting of January 17, 2012 §100-3. -.~ ~...;,n: ..... n · _.~.:~.:,~a Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). EXTERIOR PROPERTY - The open space on the premises and on adioining property under the control of owners or operators of such premises. GARBAGE - Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. JUNKED VEHICLE - Any vehicle, including a trailer, which is without a currently valid license plate or plates and is in such a rested, 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. LAND - The term "land" and "property" shall have the same meaning as "premises" as defined herein. LITTER- Garbage, refuse and rubbish and all other waste material which, if thrown or deposited upon the ground, tends to create a danger to public health, safety and welfare or tends to create blight. OCCUPANT - Any individual or person occupying a premises or building, or having possession of a premises or building. OWNER - Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title or deed to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. PERSON - An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subiect of rights and duties. PREMISES - A lot, plot or parcel of land, easement or public way, including any structures thereon. RUBBISH - Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as, but not limited to, paper wrappings, cardboard, tin cans, wood, glass, bedding, and crockery. §100~_4. IT~o~r~..o~.~ ~'":""---"~u..~...S* ----- ~- ......... t ............ Standards. Updated: 1/17/2012 3:18 PM by Lynne Krauza Page 2 Resolution 2012-105 Board Meeting of January 17, 2012 A. Property Maintenance. Surface and subsurface water shall be adequately 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 similar structures erected for recreational use shall be maintained so as to avoid the stagnation of the water therein. Landscaping shall be adequately maintained so that lawns, hedges, bushes, weeds and trees do not become overgrown and unsightly so as to constitute an unsafe condition or blight. At no time shall landscaping, hedges, bushes, weeds or trees create an impediment to emergency and/or fire rescue vehicle access. Garbage, crates, rubbish, refuse or debris shall be kept inside building or buildings on the premises, or in an acceptable enclosed container, and shall be regularly collected and removed from the premises. Open wells, cesspools or cisterns shall be securely closed or barricaded to prevent access by the public. Junked or unregistered vehicles may not be located or stored in open view, but shall be stored in a suitable location inside a building or behind a fence outside of public view. 6. Exterior facades shall at all times be kept free of graffiti or other defacement. Unsafe buildings. All buildings or structures which are structurally unsafe, dangerous, unsanitary or not provided with adequate egress or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are, severally, for the purpose of this chapter, unsafe buildings. All such buildings and structures are hereby declared to be illegal and are prohibited and shall be abated by repair and rehabilitation or by demolition and removal in accordance with the procedures of this chapter. Unsafe premises. All premises which are unsafe or dangerous, which suffer from inadequate maintenance or neglect or which do not permit or provide for adequate access by emergency and/or fire rescue vehicles are, tbr the purpose of this chapter, unsafe premises. All such premises are hereby declared to be illegal, are prohibited and shall be abated by repair and rehabilitation in accordance with the procedures of this chapter. §100-4-_5. Inspection and report. Unsafe building. When, in the opinion of the Building Inspector, any structure located in the Town shall be deemed to be unsafe or dangerous to the public, he shall make a formal inspection thereof and thereafter prepare a written report thereof and file the same in his office. Updated: 1 / 17/20 ! 2 3:18 PM by Lynne Krauza Page 3 Resolution 2012-105 Board Meeting of January 17, 2012 B. Unsafe premises. When, either on the Building Inspector's own volition or after receiving a written recommendation from the Commissioners of any Fire Department or Fire District or from the Village of Greenport Fire Wardens or Village Trustees located in the Town that any premises is unsafe in that it does not permit or provide for adequate access by emergency and/or fire rescue vehicles as required by §280-109(C), in which recommendation the Building Inspector concurs, the Building Inspector shall make a formal inspection thereof and thereafter prepare a written report thereof and file the same in his office. §100-$ 6. Service of notice. When it shall be determined by the Building Inspector that a building, premises or structure is dangerous or unsafe to the public, or is in violation of any one or more of the provisions under § 100-4(A), he shall promptly serve or cause to be served a notice on the owner or other persons having an interest in such premises, building or structure as hereinafter provided. The aforementioned notice shall be served on the owner of the building, structure or premises or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the last completed assessment roll of the Town, either personally or by registered mail, addressed to the person intended to be served at the last known place of business. If the notice is served by registered mail, the Building Inspector shall cause a copy of such notice to be posted on the premises. §100-6 7. Contents of notice. The notice referred to in § 100-5 6 hereof shall contain the following: A. A description of the premises. A statement of the particulars in which the premises, building or structure is unsafe or dangerous or is in violation of any one or more of the provisions under § 100-4(A). An order requiring the premises, building or structure to be made safe and secure or removed, or if there is a violation of § 100-4A, an order to remedy. A statement that the securing or removal of the building or structure or the rehabilitation of the premises shall commence within 10 days from the date of the service of the notice and shall be completed within 30 days thereafter. Ifa violation of any one or more of the provisions under § 100-4 A are cited, a statement that remediation of the violation must be completed within 10 days from the date of service of the notice. The Building Inspector may extend the time of compliance specified in the notice, where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. In granting any such extension of time, the Building Inspector may impose such conditions as he may deem appropriate. Updated: 1/17/2012 3:18 PM by Lynne Krauza Page 4 Resolution 2012-105 Board Meeting of January 17, 2012 E. A statement that, in the event of the neglect or refusal of the person served with notice to comply with the same, a hearing will be held before the Southold Town Board, notice of which and the time and place thereof to be specified in the notice to the owner referred to in §100-$ 6 hereof. No hearing is required if the only violation alleged is pursuant to § 100-4(A). A statement that, in the event that the Town Board, after the hearing specified in § 100-6 7(E) hereof, shall determine that the premises, building or structure is unsafe or dangerous to the public, the Town Board may order the building or structure to be repaired, made safe and/or secured or taken down and removed. In the case of an unsafe premises, the Town Board may order the premises rehabilitated and made safe. A statement that, in the event that the premises, building or structure shall be determined by the Town to be unsafe or dangerous and in the event of the neglect or refusal of the owner to make safe, repair or remove the same within the time provided, the Town may remove such building or structure or make safe the premises by whatever means it deems appropriate and assess all costs and expenses incurred by the Town in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure, against the land on which said buildings or structures are located. §100-7 8. Filing a copy of notice. A copy of the notice referred to in §100-6 _7 hereof may be filed with the County Clerk of the county within which such premises, building or structure is located, which notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this section. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a Judge or Justice of a court of record or upon the consent of the Town Attorney. The clerk of the county where such notice is filed shall mark such notice and any record or docket thereof as canceled of record, upon the presentation and filing of such consent or of a certified copy of such order. §100-8 9. Emergency measures to vacate. If the Building Inspector determines in his inspection of any premises, building or structure that there is actual and immediate danger of failure or collapse so as to endanger life, he shall promptly require the premises, building, structure or portion thereof to be vacated forthwith and not to be reoccupied until the specified repairs are completed, inspected and approved by the Building Inspector. For this purpose, he may enter such premises, building or structure, or land on which it stands or adjoining land or structures with such assistance and at such cost as may be necessary. He may also order adjacent structures to be vacated and protect the public by appropriate barricades or such other means as may be necessary and for this purpose may close a private or public right-of-way. The Building Inspector shall cause to be posted at each entrance to such premises, building or structure a notice stating, "This building (or premises, if applicable) is unsafe and its use or occupancy has been prohibited by the Building Inspector." Such notice shall remain posted until the required rehabilitation, repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents or other persons to remove Updated: 1/17/2012 3:18 PM by Lynne Krauza Page 5 Resolution 2012-105 Board Meeting of January 17, 2012 such notice without written permission of the Building Inspector or for any person to enter the building except for the purpose of making the required repairs or the demolition thereof. §100-9-10. Costs and expenses. All costs and expenses incurred by the Town of Southold in connection with any proceeding or any work done to remove the danger or in connection with the demolition and removal of any such building or structure, or any work done to abate any violation of provisions under §100- 4(A) of this chapter shall be assessed against the land on which such building or structure is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shal! be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner thereof, with the assessors who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. §100 I0 1._~1. Penalties for offenses. An,/person who violates a provision under §100-4(A) of this chapter shall be guilty of a violation punishable by a fine not to exceed $2,500. Any person who neglects, refuses or fails to comply with any order or notice issued hereunder shall be guilty of a violation punishable by a fine not to exceed $5,000 or by imprisonment for a term not to exceed 15 days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate and additional offense. In addition to the criminal violation, the Town Attorney is authorized to pursue any and all actions in law or equity, including but not limited to actions for compensatory damages, civil penalties, or injunctive relief. Strict liability. Personal knowledge of the existence ora violation under this chapter is not required, no mens rea (intent) is required, and any violation charged herein shall be one of strict liability. §100-t4: 12. 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 of this law Updated: 1/17/2012 3:18 PM by Lynne Krauza Page 6 Resolution 2012-105 Board Meeting of January 17, 2012 as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. §100-tg 13. When effective. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO 11 MOVER: William Ruland, Councilman SECONDER: Albert Kmpski Jr., Councilman AYES: Ruland, Doherty, Krupski Jr., Evans, Russell NAYS: Christopher Talbot Updated: 1/17/2012 3:18 PM by Lynne Krauza Page 7