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HomeMy WebLinkAboutTOR RES 710 i "y ' '#il1uPMlGdf1VM Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer September 26, 2018 Honorable Town Clerk: Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Wilhelm at wilhelmtownofriverheadn . ov or by4ax at 631-208-4034. Signature: Date: SFp 2 66 MIA Town Board Meeting tdptember 5, 2018 2:00 PM � I�„ � l , LvCiIerk ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead Town Board at a Regular Town Board meeting on September 5, 2018 #19-Resolution #710-ADOPTS A LOCAL LAW TO AMEND CHAPTER 217 ENTITLED, "BUIDLINGS, BUIDLING CONSTRUCTION AND IMPROVEMENTS AND HOUSING STANDARDS" OF THE RIVERHEAD TOWN CODE (Part 6 Blighted Property) Sincerely, d Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue - Riverhead, New York 11901 (631)727-3200 Ext. 260 - Fax (631)208-4034 F. t ' 1FYa[i vROfPfph,,s p[RPR(IGPFssRnIl �� I Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer September 26, 2018 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead Town Board at a Regular Town Board meeting on September 5, 2018 #19-Resolution #710-ADOPTS A LOCAL LAW TO AMEND CHAPTER 217 ENTITLED, "BUIDLINGS, BUIDLING CONSTRUCTION AND IMPROVEMENTS AND HOUSING STANDARDS" OF THE RIVERHEAD TOWN CODE (Part 6 Blighted Property) If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at Ext. 260 Sincerely, Diane M. Wilhelm DMW:cd 200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034 i jFY[\T pA[IYPpjTA3 9t0.PROGPFY�MII ft' 1 1 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer September 26, 2018 Honorable Town Clerk: Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, Diane Wilhelm at wilhelm(a).townofriverheadny.gov or by fax at 631-208-4034. Signature: Date: Town Board Meeting September 5, 2018 2:00 PM ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead Town Board at a Regular Town Board meeting on September 5, 2018 #19-Resolution #710-ADOPTS A LOCAL LAW TO AMEND CHAPTER 217 ENTITLED, "BUIDLINGS, BUIDLING CONSTRUCTION AND IMPROVEMENTS AND HOUSING STANDARDS" OF THE RIVERHEAD TOWN CODE (Part 6 Blighted Property) Sincerely,, Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue - Riverhead, New York 11901 (631)727-3200 Ext. 260 - Fax (631)208-4034 09.05.2018 ADOPTED 180710 TOWN OF RIVERHEAD Resolution # 710 ADOPTS A LOCAL LAW TO AMEND CHAPTER 217 ENTITLED 'BUILDINGS, BUILDING CONSTRUCTION AND IMPROVEMENTS AND HOUSING STANDARDS" OF THE RIVERHEAD TOWN CODE (Part 6 Blighted Property) Councilwoman Kent offered the following resolution, which was seconded by Councilman Wooten WHEREAS, the Town Clerk was authorized to publish and post a public notice to hear all interested persons to consider a local law amending Chapter 217, entitled "Buildings, Building Construction and Improvements and Housing Standards" by adding a new Part 6 Blighted Property of the Code of the Town of Riverhead ("Riverhead Town Code"); and WHEREAS, a public hearing was held on the 21St day of August, 2018 at 7:15 o'clock p.m. at the Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, the date, time and place specified in said public notice, and all persons wishing to be heard were heard; and WHEREAS, the Riverhead Planning Department has reviewed the submission and recommended it be considered a Type II action pursuant to 6NYCRR Part 617.5(c) (20) & (27) as routine or continuing administration and management and the adoption of policies in connection therewith; and WHEREAS, pursuant to 617.3(f), 617.5(a) and 617.6(a) (1) (i), agency SEQR responsibilities end with this designation with no significance determination being necessary. NOW, THEREFORE, BE IT RESOLVED, that the Town Board be and hereby, adopts the Riverhead Planning Department recommendation and hereby classifies same to be a Type II action for purposes of SEQR compliance; and be it further RESOLVED, that the local law amending Chapter 217 entitled, "Buildings, Building Construction and Improvements and Housing Standards" of the Riverhead Town Code is hereby adopted as specified in the attached notice of adoption; and be it further RESOLVED, that the Town Clerk is hereby authorized to publish the attached notice of adoption once in the News-Review Newspaper and to post same on the signboard at Town Hall; and be it further RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and, if needed, a certified copy of same may be obtained from the Office of the Town Clerk. RESOLVED,the Town Clerk is hereby authorized to publish the attached public notice to consider a local law to amend Chapter 217 entitled,'Buildings, Building Construction and Improvements and Housing Standards"of the Riverhead Town Code once in the September 13, 2018 issue of the News-Review Newspaper,the newspaper hereby designated as the official newspaper for this purpose,and also to cause a copy of the proposed amendment to be posted on the sign board of the Town; and be it further RESOLVED,all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and if needed, a certified copy of same may be obtained from the Office of the Town Clerk. THE VOTE Kent®Yes ❑No Hubbard ®Yes ❑No Giglio ®Yes ❑No Wooten ®Yes ❑No Jens-Smith ®Yes ❑No The Resolution Was ® Thereupon Duly Declared Adopted TOWN OF RIVERHEAD NOTICE OF ADOPTION PLEASE TAKE NOTICE that that the Town Board of the Town of Riverhead adopted a local law amending the Chapter 217 entitled "Buildings, Building Construction and Improvements and Housing Standards" of the Riverhead Town Code, at its regular meeting held on September 5, 2018. Be it enacted by the Town Board of the Town of Riverhead as follows: CHAPTER 217 Buildings, Building Construction and Improvements and Housing Standards Part 6 Blighted Property 217-107 Legislative Intent. It is the intention of the Riverhead Town Board to protect the public health safety and welfare by authorizing the establishment of procedures to identify, abate and eliminate the presence of blight upon properties throughout the Town. § 217-108 Scope; Applicability. A. Scope. The provisions of this chapter shall apply to all properties in the Town of Riverhead, residential, commercial and otherwise and constitute the requirements and standards for such property. B. Applicability. The provisions of this chapter shall be deemed to supplement applicable state and local laws ordinances codes and regulations. Nothing in this chapter shall be deemed to abolish impair, supersede or replace existing remedies of the Town county or state or existing requirements of any other provision of local laws or ordinances of the Town or county or state laws and regulations. In case of conflict between any provisions of this chapter and any applicable state or local law, ordinance, code or regulation the more restrictive or stringent provision or requirement shall prevail. § 217-109 Definitions. For purposes of this article the following words shall have the following meanings: Blighted Propertv An improved or vacant property which meets or exceeds a point value of one hundred (100) points as set forth within this article Blighted Property Inventory List A list containing properties within the Town which possess an accumulation of blight conditions equaling or exceeding a point value of one hundred (100) points. Code Enforcement Official Shall mean an official charged with the enforcement and/or administration of this article. Defacement Shall mean any mark on the face or surface of disfigurement injury damage or alteration to the appearance of the property without the express permission of the owner or person or entity in control thereof. Dilapidated Shall mean extreme disrepair such that a structure or dwelling unit or commercial space is unfit or unsafe for habitation or occupancV Graffiti Shall mean any inscription, mark or design which has been written etched, scratched, painted or drawn or otherwise visible upon a premises. Junked Vehicle Shall mean an unregistered motor vehicle not suitable for operation Legal Occupancy Shall mean occupancV that exists bV virtue of fee ownership a bona fide lease agreement, a rent receipt or, if necessary, a utility statement and which occupancy is in compliance with federal state local laws local zoning, local housing, and all other pertinent rules regulations and codes. Neighborhood Shall mean an area of the Town of Riverhead defined by its residents and its distinctive characteristics. Registration Fees An annual fee imposed upon properties which are listed on the Blighted Property Inventory List. Restoration Agreement Shall mean a legal and binding agreement between the Town and a given property owner, wherein said propertV owner proposes to complete specific repairs and/or improvements in order to resolve conditions existing on his or her propertV as identified bV a Code Enforcement Official in accordance with the definition of"Blighted Property." Such repairs and/or improvements shall be outlined on an explicitly fixed timeline and as such will be offered a full exemption from the annual registration fee outlined in §217-112(D). The AICP Building and Planning Administrator shall have the authority, on behalf of the Town, to execute such Restoration Agreement. Vacant Shall mean a period of sixty (60) days or longer during which a building or structure or part thereof, or land is not legally occupied Vacant Parcel Shall mean a parcel of land with no structure(s) thereon Unit Shall mean any space within a building that is or can be rented by or to a single person or entity for his/her/its sole use and is intended to be a single and distinct space. § 217-110 Blighted Property Designation. Blighted Property- The following conditions shall be factors in evaluating whether or not a property is designated as a Blighted Property A. A determination by a Code Enforcement Official whether within the Building Department, Engineering Department, Fire Marshal's Office or Town Attorney's Investigation Unit that the property is in a condition which poses a serious threat to the safety, health and or general welfare of the community. (50 points) B. The owner of the property has been issued Summonses and/or has been prosecuted for violation(s) of the Code of the Town of Riverhead and such violations have not been corrected. (50 points) C. The property has attracted or been an instrument of illegal noxious or deleterious activity as defined in Chapter 84 Nuisance Abatement and/or in common law. (50 points) D. A determination has been made by the Fire Marshal that the conditions upon the property constitute a fire hazard. (50 points) E. The property is creating a substantial interference with the lawful use and/or enioyment of other space within a structure/building or within the surrounding neighborhood. (50 points) F. The property is determined to be unmaintained based upon evidence of the persistent and continued existence of the following deleterious conditions: 1. Boarded windows, doors, entryways or exits. (5 points) 2. Broken or unsecured windows. (10 points) 3. Broken or unsecured doors, entryways or exits. (10 points) 4. Excessive litter or debris. (10 points) 5. Overgrown grass at least ten (10) inches or higher or other overgrown vegetation or shrubbery. (10 points) 6. More than one (1) unregistered motor vehicle. (10 points) (see $ 100_3(6)) 7. Broken, unsecured or in disrepair: (a) Roof (10 points) (b) Gutters (5 points) (c) Siding/shingles (10 points) (d) Chimney (10 points) (e) Shutters (5 points) (f) Accessory structures including but not limited to: decks sheds porches pools pool houses or cabanas garages carports, storage units, front and rear porches outside statuar , fish ponds. (15 points) 8. Storage of iunk vehicles. (15 points) 9. Damaged unsightly unsecured or unpermitted signage or awnings. (15 points) 10. Presence of graffiti. (10 points) 11. Broken, unsecured or in disrepair fencing. (10 points) 12. Broken, unsecured or in disrepair outdoor lighting fixtures (5 points) 13. Broken, exposed or hazardously utilized electrical wires electrical equipment or extension cords. (15 points) 14. Unfinished construction. (20 points) 15. Damaged, dead or fallen trees or limbs. (10 points) 16. Evidence of fire damage to the property which has not been repaired or restored. (10 points) 17. Peeling or deteriorated paint. (5 points) 18. Presence of stagnant water. (10 points) 19. Open or unsecured wells, cesspools or cisterns (15 points) 20. Presence of vermin, rodent harborage and infestation (30 points) 21. Presence of any violation identified within this Chapter. (20 points) 22. Presence within/upon an outdoor area of the improper storage of: (a) Refrigerator, washing machine, sink, stove, heater, boiler, tank other household appliances, boxes or indoor furniture for a period in excess of seventy-two (72) consecutive hours. (10 points) (b) Lumber, construction materials dirtdebris trash garbage or uncovered refuse cans accumulated refuse or garbage in covered refuse cans which is not timely or properly disposed of. (10 points) Outdoor Storage Exemptions. (1)Machinery installed within the rear setback areas for household or recreational use. (2)The presence of refuse or trash cans recycling bins or other debris which has been secured, placed or stored in compliance with this code § 217-111 Creation or Maintenance of the Blighted Property Prohibited. No owner, agent, tenant, business entity, voluntary association nonprofit organization, or person in control of real property located within the Town of Riverhead shall allow, create, maintain or cause to be created or maintained, any blighted property. § 217-112 Enforcement. A. The Town Attorney's Investigation Unit shall be charged with reviewing complaints and conducting investigations in order to determine if blight exists at the subject property. B. Once a property has been determined to be blighted Code Enforcement shall prepare and send out notification letters to each property owner. Such notice shall be served by personal service upon the owner or person in charge of the affected building or structure or if no such person can be reasonably found by mailing said owner such notice by means of certified mail return receipt requested to the last known address as shown by the records of the Town Assessor; and by securely affixing a copy of such notice upon the door of the affected building or structure. C. Notice Contents. (1) The notice must contain a statement of the date(s) upon which an inspection was conducted on the property to determine blight the address of the blighted property, the specific nature of the blight a copy of this local law, the "point rating" review of the premises the required annual registration fees and the property's placement on the Blighted Property Inventory List. Said notice shall further notify the owner that if no reasonable proof is offered establishing the property does not constitute a Blighted Property, said annual registration fee shall be added to the Property tax bill for the premises after thirty (30) days of receipt of said notice. (2) Any notice to qualifying property owners must also contain an offer of the opportunity to enter into a Restoration Agreement with the Town D. Registration Fees. After thirty (30) days from the date of notice absent proof to the contrary the following registration fees shall be imposed. (1) A registration fee of five thousand ($5,000.00) dollars shall be added to the tax bill for any commercial building or property; (2) A registration fee of two thousand five hundred ($2,500.00) dollars shall be added to the tax bill for anv residential building or property. E. Any surplus administrative mitigation or registration costs imposed by the Town shall be used to create a beautification fund with the intent of financing the Town's revitalization and anti-blight efforts § 217-113 Restoration Agreement: (A) Property Owner Qualifications. In order to qualify to enter into a Restoration Agreement, the property owner must: (1) Possess or have applied for a valid Certificate of Occupancy or Letter of Preexisting Use as issued by the Town for the subject premises; and (2) Have no other outstanding violations or complaints on file with Code Enforcement. (B) Restoration Agreement Contents. All Restoration Agreements shall include a definite plan for the resolution of any conditions existing on the blighted premises/corresponding property as identified by a Code Enforcement Official in accordance with the definition of Blighted Property defined herein. (C) Such repairs and/or improvements shall be outlined on an explicitly fixed timeline. (D) Registration Fee Exemption. In consideration for entering into a Restoration Agreement with the Town the property owner will be offered a full exemption from the annual registration fee(s) (E) Penalties for Non Compliance with Restoration Agreement Terms Any property owner who does not complete the repairs and/or improvements outlined in a Restoration Agreement within the established timeline will be subject to the actions described in 217-112. § 217-114 Incentives. Any entity and/or individual that purchases a property registered on the Town's Blighted Property Inventory List may be offered certain incentives from the Town. A. All incentives are at the discretion of the AICP Building and Planning Administrator. The "rating" of the purchased property, the location of the purchased property, the degree of repair and development necessary, and the impact of the proposed project on the Town's economy, are factors to be considered in the grant of an exemption B. Incentives may include, but are not limited to twenty-five (25%) percent reduction of certain permit and/or application fees to be collected by the Planning and Building Departments and/or an acceleration of the processing of certain permits as issued by the Planning and Building Departments. C. Applicants must demonstrate the ability to pay for their proposed projects either through commitment letters for loans obtained from a commercial lender of their selection or through the availability of developer funds. D. The environmental condition of the project site(s) and the applicant's liability and other insurance coverage must be considered by the Town before the approval of any incentives. E. The timeframe applies to the time within which a property owner/developer submits an application with the Town of Riverhead Building Department. (1) Application is defined as any building permit application or an application to initiate an administrative process within the Planning Department which would enable the submission of a Building Permit application (such administrative processes include but are not limited to the application for a variance from the Zoning Board of Appeals and/or Site Plan Review). 4 217-115 Action by Town Board for Failure to Comply or Abate Violations. A. Failure to comply with a Restoration Agreement Whenever the owners of a property shall fail to comply with an executed Restoration Agreement the Town Board may authorize the work to be done and shall provide for the cost thereof to be paid from general Town funds as directed by resolution of the Town Board pursuant to the authority provided under $ 26 and § 54 of the Town law. Additionally, failure to comply with an executed Restoration Agreement shall result in the placement or retention of the property on the Blighted Property Inventory List and the imposition of the corresponding annual registration fees applicable for each year that the offending conditions exist or remain. B. Authority to abate in the absence of a Restoration Agreement In the event that an owner and/or occupant of such land or premises shall fail to abate any violation as described in the definition of"Blighted Property" contained herein, the Town Board after consideration at a public hearing may declare said premises to be a nuisance and thereafter, the Town Board shall have the authority to enter onto such premises where such violation exists, to remedy such violation and to charge the cost or expense of such remediation against the owner and establish a lien in the manner provided herein. C. Assessment of costs and expenses liens. All costs and expenses incurred by the Town in connection with the abatement of a violation of this chapter shall be provided to the Town Board by the Engineering Department. The total costs and expenses shall then be determined by the Town Attorney and shall be reported to the Receiver of Taxes as the amount to be assessed against the property, and the expense so assessed shall constitute a lien and charge on the premises on which it is levied until paid or otherwise satisfied or discharged. D. Persistent or ongoing blighted properties. Any property previously designated by the Town Board as a "blighted property" and placed upon the blighted property inventory list wherein blighted conditions continue to persist, following a public hearing and upon a determination by the Town Board will thereafter be deemed as a persistent blighted property, assessed the annual blighted property assessment fee take any and all necessary actions to abate the blighted conditions upon notice to the Property owner by the Office of the Town Attorney, registered or certified mail return receipt requested to the last known address as shown by the records of the Town Assessor. • Overstrike represents deletion(s) • Underscore represents addition(s) Dated: Riverhead, New York September 5, 2018 BY THE ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M.WILHELM,Town Clerk Town of Riverhead Local Law#19-2018 CHAPTER 217 Buildings, Building Construction and Improvements and Housing Standards Part 6: Blighted Property § 217-107 Legislative Intent. It is the intention of the Riverhead Town Board to protect the public health, safety and welfare by authorizing the establishment of procedures to identify, abate and eliminate the presence of blight upon properties throughout the Town. § 217-108 Scope; Applicability. A. Scope. The provisions of this chapter shall apply to all properties in the Town of Riverhead, residential, commercial and otherwise, and constitute the requirements and standards for such property. B. Applicability. The provisions of this chapter shall be deemed to supplement applicable state and local laws, ordinances, codes and regulations. Nothing in this chapter shall be deemed to abolish, impair, supersede or replace existing remedies of the Town, county or state or existing requirements of any other provision of local laws or ordinances of the Town or county or state laws and regulations. In case of conflict between any provisions of this chapter and any applicable state or local law, ordinance, code or regulation, the more restrictive or stringent provision or requirement shall prevail. § 217-109 Definitions. For purposes of this article the following words shall have the following meanings: Blighted Property An improved or vacant property which meets or exceeds a point value of one hundred (100) points as set forth within this article. Blighted Property Inventory List A list containing properties within the Town which possess an accumulation of blight conditions equaling or exceeding a point value of one hundred (100) points. Code Enforcement Official Shall mean an official charged with the enforcement and/or administration of this article. Defacement Shall mean any mark on the face or surface of, disfigurement, injury, damage or alteration to the appearance of the property without the express permission of the owner or person or entity in control thereof. Dilapidated Shall mean extreme disrepair such that a structure or dwelling unit or commercial space is unfit or unsafe for habitation or occupancy. Graffiti Shall mean any inscription, mark or design which has been written, etched, scratched, painted or drawn or otherwise visible upon a premises. Junked Vehicle Shall mean an unregistered motor vehicle not suitable for operation. Legal Occupancy Shall mean occupancy that exists by virtue of fee ownership, a bona fide lease agreement, a rent receipt or, if necessary, a utility statement, and which occupancy is in compliance with federal, state local laws, local zoning, local housing, and all other pertinent rules, regulations and codes. Neighborhood Shall mean an area of the Town of Riverhead defined by its residents and its distinctive characteristics. Registration Fees An annual fee imposed upon properties which are listed on the Blighted Property Inventory List. Restoration Agreement Shall mean a legal and binding agreement between the Town and a given property owner, wherein said property owner proposes to complete specific repairs and/or improvements in order to resolve conditions existing on his or her property as identified by a Code Enforcement Official in accordance with the definition of"Blighted Property." Such repairs and/or improvements shall be outlined on an explicitly fixed timeline and as such will be offered a full exemption from the annual registration fee outlined in §217-112(D). The AICP Building and Planning Administrator shall have the authority, on behalf of the Town, to execute such Restoration Agreement. Vacant Shall mean a period of sixty (60) days or longer during which a building or structure or part thereof, or land is not legally occupied. Vacant Parcel Shall mean a parcel of land with no structure(s) thereon. Unit Shall mean any space within a building that is or can be rented by or to a single person or entity for his/her/its sole use and is intended to be a single and distinct space. § 217-110 Blighted Property Designation. Blighted Property- The following conditions shall be factors in evaluating whether or not a property is designated as a Blighted Property: A. A determination by a Code Enforcement Official, whether within the Building Department, Engineering Department, Fire Marshal's Office, or Town Attorney's Investigation Unit, that the property is in a condition which poses a serious threat to the safety, health, and or general welfare of the community. (50 points) B. The owner of the property has been issued Summonses and/or has been prosecuted for violation(s) of the Code of the Town of Riverhead, and such violations have not been corrected. (50 points) C. The property has attracted or been an instrument of illegal, noxious or deleterious activity as defined in Chapter 84 Nuisance Abatement and/or in common law. (50 points) D. A determination has been made by the Fire Marshal that the conditions upon the property constitute a fire hazard. (50 points) E. The property is creating a substantial interference with the lawful use and/or enjoyment of other space within a structure/building or within the surrounding neighborhood. (50 points) F. The property is determined to be unmaintained based upon evidence of the persistent and continued existence of the following deleterious conditions: 1. Boarded windows, doors, entryways or exits. (5 points) 2. Broken or unsecured windows. (10 points) 3. Broken or unsecured doors, entryways or exits. (10 points) 4. Excessive litter or debris. (10 points) 5. Overgrown grass at least ten (10) inches or higher or other overgrown vegetation or shrubbery. (10 points) 6. More than one (1) unregistered motor vehicle. (10 points) (see § 100-3(B)) 7. Broken, unsecured or in disrepair: (a) Roof (10 points) (b) Gutters (5 points) (c) Siding/shingles (10 points) (d) Chimney (10 points) (e) Shutters (5 points) (f) Accessory structures including but not limited to: decks, sheds, porches, pools, pool houses or cabanas, garages, carports, storage units, front and rear porches, outside statuary, fish ponds. (15 points) 8. Storage of junk vehicles. (15 points) 9. Damaged, unsightly, unsecured or unpermitted signage or awnings. (15 points) 10. Presence of graffiti. (10 points) 11. Broken, unsecured or in disrepair fencing. (10 points) 12. Broken, unsecured or in disrepair outdoor lighting fixtures (5 points) 13. Broken, exposed or hazardously utilized electrical wires, electrical equipment or extension cords. (15 points) 14. Unfinished construction. (20 points) 15. Damaged, dead or fallen trees or limbs. (10 points) 16. Evidence of fire damage to the property which has not been repaired or restored. (10 points) 17. Peeling or deteriorated paint. (5 points) 18. Presence of stagnant water. (10 points) 19. Open or unsecured wells, cesspools or cisterns. (15 points) 20. Presence of vermin, rodent harborage and infestation. (30 points) 21. Presence of any violation identified within this Chapter. (20 points) 22. Presence within/upon an outdoor area of the improper storage of: (a) Refrigerator, washing machine, sink, stove, heater, boiler, tank, other household appliances, boxes or indoor furniture for a period in excess of seventy-two (72) consecutive hours. (10 points) (b) Lumber, construction materials, dirt, debris, trash, garbage or uncovered refuse cans, accumulated refuse or garbage in covered refuse cans which is not timely or properly disposed of. (10 points) Outdoor Storage Exemptions. (1)Machinery installed within the rear setback areas for household or recreational use. (2)The presence of refuse or trash cans, recycling bins or other debris which has been secured, placed or stored in compliance with this code. § 217-111 Creation or Maintenance of the Blighted Property Prohibited. No owner, agent, tenant, business entity, voluntary association, nonprofit organization, or person in control of real property located within the Town of Riverhead shall allow, create, maintain or cause to be created or maintained, any blighted property. § 217-112 Enforcement. A. The Town Attorney's Investigation Unit shall be charged with reviewing complaints and conducting investigations in order to determine if blight exists at the subject property. B. Once a property has been determined to be blighted, Code Enforcement shall prepare and send out notification letters to each property owner. Such notice shall be served by personal service upon the owner or person in charge of the affected building or structure; or if no such person can be reasonably found, by mailing said owner such notice by means of certified mail, return receipt requested, to the last known address as shown by the records of the Town Assessor; and by securely affixing a copy of such notice upon the door of the affected building or structure. C. Notice Contents. (1) The notice must contain a statement of the date(s) upon which an inspection was conducted on the property to determine blight, the address of the blighted property, the specific nature of the blight, a copy of this local law, the "point rating" review of the premises, the required annual registration fees and the property's placement on the Blighted Property Inventory List. Said notice shall further notify the owner that if no reasonable proof is offered establishing the property does not constitute a Blighted Property, said annual registration fee shall be added to the property tax bill for the premises after thirty (30) days of receipt of said notice. (2) Any notice to qualifying property owners must also contain an offer of the opportunity to enter into a Restoration Agreement with the Town. D. Registration Fees. After thirty (30) days from the date of notice absent proof to the contrary the following registration fees shall be imposed: (1) A registration fee of five thousand ($5,000.00) dollars shall be added to the tax bill for any commercial building or property; (2) A registration fee of two thousand five hundred ($2,500.00) dollars shall be added to the tax bill for any residential building or property. E. Any surplus administrative, mitigation or registration costs imposed by the Town shall be used to create a beautification fund, with the intent of financing the Town's revitalization and anti-blight efforts. § 217-113 Restoration Agreement: (A) Property Owner Qualifications. In order to qualify to enter into a Restoration Agreement, the property owner must: (1) Possess or have applied for a valid Certificate of Occupancy or Letter of Preexisting Use as issued by the Town for the subject premises; and (2) Have no other outstanding violations or complaints on file with Code Enforcement. (B) Restoration Agreement Contents. All Restoration Agreements shall include a definite plan for the resolution of any conditions existing on the blighted premises/corresponding property as identified by a Code Enforcement Official in accordance with the definition of Blighted Property defined herein. (C) Such repairs and/or improvements shall be outlined on an explicitly fixed timeline. (D) Registration Fee Exemption. In consideration for entering into a Restoration Agreement with the Town, the property owner will be offered a full exemption from the annual registration fee(s). (E) Penalties for Non Compliance with Restoration Agreement Terms. Any property owner who does not complete the repairs and/or improvements outlined in a Restoration Agreement within the established timeline will be subject to the actions described in § 217-112. § 217-114 Incentives. Any entity and/or individual that purchases a property registered on the Town's Blighted Property Inventory List may be offered certain incentives from the Town. A. All incentives are at the discretion of the AICP Building and Planning Administrator. The "rating" of the purchased property, the location of the purchased property, the degree of repair and development necessary, and the impact of the proposed project on the Town's economy, are factors to be considered in the grant of an exemption. B. Incentives may include, but are not limited to, twenty-five (25%) percent reduction of certain permit and/or application fees to be collected by the Planning and Building Departments and/or an acceleration of the processing of certain permits as issued by the Planning and Building Departments. C. Applicants must demonstrate the ability to pay for their proposed projects either through commitment letters for loans obtained from a commercial lender of their selection or through the availability of developer funds. D. The environmental condition of the project site(s) and the applicant's liability and other insurance coverage must be considered by the Town before the approval of any incentives. E. The timeframe applies to the time within which a property owner/developer submits an application with the Town of Riverhead Building Department. (1) Application is defined as any building permit application, or an application to initiate an administrative process within the Planning Department which would enable the submission of a Building Permit application (such administrative processes include but are not limited to the application for a variance from the Zoning Board of Appeals, and/or Site Plan Review). § 217-115 Action by Town Board for Failure to Comply or Abate Violations. A. Failure to comply with a Restoration Agreement. Whenever the owners of a property shall fail to comply with an executed Restoration Agreement, the Town Board may authorize the work to be done and shall provide for the cost thereof to be paid from general Town funds as directed by resolution of the Town Board, pursuant to the authority provided under§ 26 and § 54 of the Town law. Additionally, failure to comply with an executed Restoration Agreement shall result in the placement, or retention of the property on the Blighted Property Inventory List and the imposition of the corresponding annual registration fees applicable for each year that the offending conditions exist or remain. B. Authority to abate in the absence of a Restoration Agreement. In the event that an owner and/or occupant of such land or premises shall fail to abate any violation as described in the definition of"Blighted Property" contained herein, the Town Board, after consideration at a public hearing, may declare said premises to be a nuisance and thereafter, the Town Board shall have the authority to enter onto such premises where such violation exists, to remedy such violation and to charge the cost or expense of such remediation against the owner and establish a lien in the manner provided herein. C. Assessment of costs and expenses, liens. All costs and expenses incurred by the Town in connection with the abatement of a violation of this chapter shall be provided to the Town Board by the Engineering Department. The total costs and expenses shall then be determined by the Town Attorney and shall be reported to the Receiver of Taxes as the amount to be assessed against the property, and the expense so assessed shall constitute a lien and charge on the premises on which it is levied until paid or otherwise satisfied or discharged. D. Persistent or ongoing blighted properties. Any property previously designated by the Town Board as a "blighted property" and placed upon the blighted property inventory list wherein blighted conditions continue to persist, following a public hearing and upon a determination by the Town Board, will thereafter be deemed as a persistent blighted property, assessed the annual blighted property assessment fee, take any and all necessary actions to abate the blighted conditions, upon notice to the property owner by the Office of the Town Attorney, registered or certified mail return receipt requested to the last known address as shown by the records of the Town Assessor.