[Adopted 7-1-2003 by L.L. No. 26-2003]
It is the intent of the Huntington Town Board,
pursuant to § 64(5-a) and § 130(5) and (15) of
the Town Law and all other applicable and successor laws and rules,
to maintain a clean, wholesome, attractive community and environment
and to guard against the creation of nuisances and conditions which
may endanger the health, safety and welfare of Town residents; spread
disease; create fire hazards; reduce the value of property; interfere
with the use and enjoyment of adjoining properties and interfere with
the comfort and well-being of the public.
[Amended 7-21-2020 by L.L. No. 19-2020]
It shall be unlawful for any person or business
entity who owns or occupies a parcel of land, whether or not the land
is being utilized for any purpose or improved by a building or structure,
to cause, suffer, permit and/or maintain any one of the following
conditions:
(A)
Stagnant water in pools, man-made lakes or ponds,
or other man-made receptacles or repositories: or
(B)
Overhanging natural growth which forms a visual obstruction
to motorists or pedestrians utilizing any highway. roadway, or street
for ingress or egress; or
(C)
Unsecured entrances, windows or other portions of a structure; or
(D)
Unsecured pool and/or pool barriers including, but not limited to,
gates and fencing; or
(E)
Unsecured, open or improperly barricaded sewage system, foundation,
trench, and/or any other condition in or about the ground which, in
the opinion of the Town, jeopardizes the health, safety and/or welfare
of the public; or jeopardizes any private or public property; or
(F)
Any other unhealthy, unwholesome or unsanitary condition
which, in the opinion of the Town, jeopardizes the health, safety
and/or welfare of the public; or jeopardizes any private or public
property.
[Amended 6-11-2008 by L.L. No. 16-2008; 7-21-2020 by L.L. No. 19-2020]
(A)
It shall be unlawful for any person or business entity
who owns or occupies a parcel of land in any zoning district, whether
or not such land is improved by a building or structure, including
vacant land, to cause, suffer and/or permit grass or weeds taller
than ten (10) inches. The provisions of this section shall not apply
to cultivated flowers and gardens, trees and shrubs.
[Added 7-21-2020 by L.L.
No. 19-2020]
(A)
It shall be unlawful for any person or business entity who owns or
occupies any parcel of land, whether or not occupied or improved by
building structures, to cause, suffer, permit, allow and/or maintain
an accumulation of trash, waste, rubbish, litter, refuse, debris or
garbage thereon which is visible from a public street or from adjoining
property; or which constitutes a menace or nuisance; or endangers
the health, safety and/or welfare of the public; or endangers private
or public property in any way.
[Added 7-21-2020 by L.L.
No. 19-2020]
(A)
Notice to remove. In addition to issuing a notice of violation, appearance
ticket and/or a summons, the Director of Public Safety, or his/her
designee, is authorized to notify the property owner, or his agent,
and the occupier of the premises in writing to remove, remedy or abate
the prohibited property condition as outlined in this Article. Such
notice shall be mailed by regular and certified or registered mail,
return receipt requested, and addressed to the property owner at the
last address shown on the most current assessment role on file in
the Office of the Town Assessor, or to the owner's agent at the last
known address, and to the person or business entity occupying the
premises at the property location. If the notice is returned by the
Post Office as undeliverable for any reason, as long as it was properly
addressed, service of the notice shall be valid. The notice shall
contain a statement of the dates(s) upon which an inspection was conducted
on the property to determine the presence of a prohibited property
condition, the property address, and the specific nature of the prohibited
property condition. The notice shall notify the property owner, or
his agent, and the occupier of the property that upon their failure
to remedy or abate the prohibited property condition within twenty-one
(21) calendar days of receipt of such written notice; or failure respond
to the notice, in writing, within ten (10) calendar days of receipt
of such notice disputing the existence of a prohibited property condition
as outlined herein; the Town, through its contractors or otherwise,
shall remove, remedy or abate the prohibited property condition at
the owner's own cost and expense. Said notice shall further advise
that such period may be extended by written request, to the Director
of Public Safety or his/her designee, for good cause shown, so long
as the request is received within twenty-one (21) calendar days of
receipt of such notice and is accompanied by satisfactory proof that
remedial measures have been started. In the event the Town receives
a notice of dispute concerning the Town's findings, the Director of
Public Safety, or his/her designee, shall review the document and
shall make a determination to accept or reject, in whole or in part,
such notice of dispute within five (5) business days of receipt of
such communication. In the event that the Director or his designee
rejects the notice of dispute, the Town shall immediately abate the
prohibited property condition. If the Town or its agents abate the
prohibited property condition, all costs associated with such work,
together with a surcharge as outlined herein, shall be borne by the
property owner, and if unpaid, shall become a lien and charge upon
the premises and collected in the same manner and at the same time
as property taxes.
(B)
Action upon noncompliance. Upon the failure, neglect or refusal of
such owner, his agent, or person or business entity occupying the
premises to remove, remedy or abate the prohibited property condition
or otherwise respond to the notice of a prohibited property condition
as outlined in this Article within the specified period of time; or
if the mailing is returned by the Post Office because of the inability
to make delivery for any reason, as long as the notice was properly
addressed, the Director of Public Safety, or his/her designee, shall
direct the Department of General Services or other appropriate Town
personnel to enter the property to take all necessary action to remove
or abate the prohibited property condition at the expense of the property
owner as set forth in this section.
(C)
Any person or business entity who resists, obstructs or impedes the
agents, servants, officers and/or employees of the Town of Huntington
in the remediation or removal process shall be in violation of this
chapter and shall be subject to the fines and penalties provided herein.
(D)
Liability for the costs of removal and/or abatement. The property
owner, his agent, and/or person or business entity occupying the land
shall be liable for the direct and indirect costs of abating the accumulation,
hazard or nuisance and all expenses incidental thereto, including
but not limited to, a two hundred dollar ($200) surcharge for administrative
costs. Said surcharge is intended to reimburse the Town for the monies
and time expended by its employees in abating the accumulation, hazard
or nuisance and collecting the sums due, including but not limited
to, notifying the appropriate party, certifying the amounts due to
the Town, and/or charging same against the property.
(E)
The costs incurred by the Town as set forth in this Article shall
be certified by the Town department providing services and the Town
Attorney shall mail written notice of such costs by certified or registered
mail, return receipt requested, to the owner of the premises at the
last address shown on the most current assessment role on file in
the Office of the Town Assessor, or to the owner's agent at the last
known address, and/or to the occupier of the premises at the location
of the property. Said notice shall further state that upon the failure
of the property owner, his agent, and/or occupier to pay such sums
within ten (10) days of receipt of such written notice by certified
or bank check, or money order, shall be sufficient cause to add the
amount due to the tax bill without further notice.
(F)
Recovery of costs; tax lien. In the event the property owner, his
agent and/or the occupier of the land fails, refuses and/or neglects
to pay the monies due and owing to the Town within said ten-day period,
or if the mailing is returned by the Post Office because of the inability
to make delivery for any reason, as long as the notice was properly
addressed, such certification of costs shall be provided to the Town
of Huntington Tax Receiver who shall cause the costs as shown thereon
to be charged against such lands without further notice. The amount
so charged shall forthwith become a lien against such lands and shall
be added to and become part of the taxes next to be assessed and levied
upon such lands, the same to bear interest at the same rate as taxes,
and shall be collected and enforced by the same officers and in the
same manner as taxes.
(G)
In the event the sums due and owing to the Town are not charged against
such lands as provided for herein, the Town may maintain a civil action
to recover such sums against the owner of the land and/or any other
responsible party.
[1]
Editor's Note: Former 156-49, Enforcement, as amended, was
repealed 7-21-2020 by L.L. No. 19-2020.
[Amended 11-6-2019 by L.L. No. 56-2019]
(A)
A person or business entity who commits or permits any acts in violation
of any provision of this article shall be deemed to have committed
an offense and shall, upon conviction thereof, be subject to a fine
of not less than two hundred fifty ($250) dollars and not more than
five thousand ($5,000) dollars for a conviction of a first offense;
upon the conviction of a second offense, where the offense was committed
within five (5) years of the first offense, a fine of not less than
one thousand ($1,000) dollars and not more than ten thousand ($10,000)
dollars; and upon conviction of a third or subsequent offense, where
the offense was committed within five (5) years of the first offense,
a fine of not less than one thousand five hundred ($1,500) dollars
and not more than fifteen thousand ($15,000) dollars. Each day, or
part thereof, such violation continues or is permitted to exist shall
constitute a separate offense, punishable in like manner. Any person
or entity found by the Bureau of Administrative Adjudication to have
violated any provision of this article shall likewise be subject to
a monetary penalty in an amount within the range of fines authorized
herein for any offense or continuing offense.
[Amended 11-18-2021 by L.L. No. 64-2021]
(B)
In addition to the penalties set forth above and any other remedy
available to the Town, the Town Attorney may maintain an action or
proceeding in the name of the Town in a court of competent jurisdiction
to compel compliance with or to restrain by injunction the violation
of this article, and/or to recover legal fees.
(C)
In addition to the penalties set forth above, the Town Attorney may
maintain an action in the name of the Town in a court of competent
jurisdiction for civil penalties in the sum of not less than one hundred
fifty ($150.) dollars nor more than one thousand five hundred ($1,500.)
dollars per day for each violation of this article.
(D)
In the event the sums due and owing to the Town are not charged against
such lands as provided in this article, the Town Attorney may maintain
a civil action in the name of the Town in a court of competent jurisdiction
to recover such sums against the property owner, and/or his agent,
and/or the occupier of the land.
