Town of East Hampton, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of East Hampton 8-6-1999 by L.L. No. 21-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 5.
Traffic Violations Bureau — See Ch. 61.

§ 45-1 Title.

This chapter shall be known as the "Town of East Hampton Department of Ordinance Enforcement Law."

§ 45-2 Purpose and objectives.

[Amended 9-6-2012 by L.L. No. 13-2012]
The purpose of the Department of Ordinance Enforcement is to protect, preserve and support the health, safety, welfare and overall quality of life of all East Hampton residents through education, promotion of voluntary compliance, and enforcement of the Code of the Town of East Hampton and the New York State Uniform Fire Prevention and Building Code. The Department shall serve as the clearinghouse for complaints about alleged violations of codes and resolutions. It shall refer matters as appropriate to other Town department heads and/or outside agencies. Matters handled by the Department shall be acknowledged, investigated, evaluated and, if appropriate, referred for prosecution in a prompt and professional manner. The Department shall seek, where possible, to obtain voluntary compliance and shall educate the public regarding same and will also issue summonses, appearance tickets, and file formal charges with the Town of East Hampton Justice Court and present the same to the Town Attorney for prosecution.

§ 45-3 Authority.

This chapter is adopted as a local law pursuant to the authority conferred in Article IX of the New York State Constitution; Article 2, § 10, of the New York Municipal Home Rule Law; and Article 4 of the New York Town Law.

§ 45-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ACTION
Any act of commission or omission, past or present.
CODE
Every local law, ordinance or authorized resolution duly adopted by the Town Board of the Town of East Hampton and assigned a chapter number and/or section number for inclusion within the published Code of the Town of East Hampton, and the New York State Uniform Fire Prevention and Building Code as defined by New York State Codes, Rules and Regulations Title 19, Section 1219.1.
[Amended 9-6-2012 by L.L. No. 13-2012; 7-21-2016 by L.L. No. 30-2016]
CODE ENFORCEMENT OFFICER
This term shall be deleted in the Town Code and substituted in lieu thereof shall be the term "Ordinance Enforcement Officer." See definition of "Ordinance Enforcement Officer" below.
DEPARTMENT
The Town of East Hampton Department of Ordinance Enforcement, which shall serve as the clearinghouse for complaints about violations of the Town Code and/or resolutions and the New York State Uniform Fire Prevention and Building Code as defined by New York State Codes, Rules and Regulations Title 19, Section 1219.1.
[Amended 9-6-2012 by L.L. No. 13-2012; 7-21-2016 by L.L. No. 30-2016]
DEPARTMENT HEAD
A Town employee, designated by the Town Board to be the head of the Ordinance Enforcement Department, who shall be selected in accordance with the civil service laws of the State of New York. Such individual shall be either Director of Code Enforcement or Chief Town Investigator and must also be a New York State Certified Code Enforcement Official in accordance with current state law.
[Added 9-6-2012 by L.L. No. 13-2012]
ORDINANCE ENFORCEMENT OFFICER
A Town employee, designated by the Town Board to be a member of the Ordinance Enforcement Department, who shall be selected in accordance with the civil service laws of the State of New York. "Ordinance Enforcement Officer" is to be considered a local title encompassing all relevant titles and hiring lists utilized by the Town of East Hampton and published by the Suffolk County Department of Civil Service, including but not limited to: Ordinance Enforcement Officer, Ordinance Inspector, and Code Enforcement Officer. Such an employee must also be a New York State Certified Code Enforcement Official in accordance with current state law.
[Amended 9-6-2012 by L.L. No. 13-2012]
RESOLUTION
Any authorized resolution duly adopted by the various boards of the Town of East Hampton, including, without limitation, the Planning Board, the Zoning Board of Appeals and the Architectural Review Board.[1]
[1]
Editor's Note: The former definition of "Town Chief Investigator," which immediately followed this definition, was repealed 9-6-2012 by L.L. No. 13-2012.

§ 45-5 through § 45-9. (Reserved)

§ 45-10 Administration.

[Amended 9-6-2012 by L.L. No. 13-2012]
There shall be in the Town of East Hampton an Ordinance Enforcement Department. The administrative head of such Department shall be the Department head. The Department head shall prepare written guidelines for the administration of the Department and will manage the personnel, budget, daily operations and investigative duties of the Department as well as any other duties that may be assigned by the Town Board.

§ 45-11 Powers and duties.

[Amended 9-6-2012 by L.L. No. 13-2012]
The general powers and duties of the Department are as follows:
A. 
Clearinghouse. The Department shall serve as the clearinghouse regarding alleged violations of the Code and resolutions. The Department head shall refer matters as appropriate to other Town department heads and/or outside agencies. All other matters shall be retained by the Department. The Department head will assign complaints to be addressed by the Department to an Ordinance Enforcement Officer and supervise the processing of assigned cases from inception to resolution.
B. 
Complaints.
(1) 
Complaint, number and form. Each complaint, including a complaint later referred to another department for handling, will be assigned a complaint number and will be recorded on a written standard complaint form. Such complaint form will be used as a guide for informational intake, recording information, filing and recordkeeping.
(2) 
Citizen notification. Following receipt of a complaint from an identifiable complainant, the Department shall send the complainant a letter. Said letter will acknowledge receipt of the complaint, provide the designated complaint number and state the Ordinance Enforcement Officer assigned or the department head to whom the complaint has been referred.
(3) 
Investigation.
(a) 
Investigation of an alleged violation may arise upon receiving a complaint or upon the initiative of Department staff.
(b) 
As assigned by the Department head, an Ordinance Enforcement Officer shall immediately investigate every alleged violation and take those steps necessary to abate or prevent same, including:
[1] 
Personally researching Town records and files for pertinent information.
[2] 
Personally inspecting the site of the alleged violation and/or making inquiries by telephone and letter to the property owner or other persons having knowledge or interest therein. The Ordinance Enforcement Officer shall have the authority to apply in the name of the Town to an appropriate judicial officer for the issuance of a search warrant.
[3] 
Advising any person by telephone or letter of violations or potential violations of the Code regarding his property or his actions, or advising such person of the applicability to him of specific provisions of the Code, or supplying such person with other information intended to assist such person in complying with the Code.
[4] 
Informing other local, county, state or federal officials of violations or potential violations of laws or regulations over which such officials have jurisdiction.
[5] 
Coordinating efforts with other Town departments and outside agencies as appropriate to the investigation. Such coordination may include the issuance of a stop-work order by the Chief Building Inspector or his designee pursuant to § 255-10-22 of this Code.
(c) 
The Ordinance Enforcement Officer assigned to investigate a complaint shall prepare a field report to be attached to the complaint form and filed for referral.
(d) 
Issue summonses, appearance tickets, and file formal charges relative to alleged Code violations with the Town of East Hampton Justice Court and present the same to the Town Attorney for prosecution.
(4) 
Action taken.
(a) 
Coordination with Town Attorney, designated assistant or appointed counsel. The Department head shall coordinate with the Town Attorney, designated assistant or appointed counsel with respect to prosecutorial issues.
(b) 
Enforcement. At the direction of the Department head, an Ordinance Enforcement Officer shall prepare a long-form information or any other appropriate legal documentation regarding any complaint which he has reasonable cause to believe violates a Code provision or determination or resolution of the Town Board.
(c) 
No prosecution. The Department head may recommend that no prosecutorial action be taken regarding a complaint. Such recommendation shall be in writing and may be based on a finding such as no violation or that voluntary compliance with the Code or resolution has occurred.
(5) 
Citizen notification. After a decision is reached regarding Subsection B(4) above, a letter which describes the action taken shall be sent by the Department to the complainant.
C. 
Records and reports, complaints and violations.
(1) 
General. The Department shall keep a record of every complaint received and a record of every identified violation of any Code provision and a record of the disposition of each such complaint and each such violation, which records shall be public records open for public inspection, subject to the New York State Freedom of Information Law.[1]
[1]
Editor's Note: See Public Officers Law § 87 et seq.
(2) 
Quarterly report. A quarterly report listing the number and type of such complaints and violations, as well as the current status or disposition thereof, shall be prepared by the Department head and submitted to the Town Board, the Town Attorney and the Town Clerk.
(3) 
Copies. In addition, if he has been requested in writing to do so, the Department head shall forward to the Town Attorney, designated assistant or appointed counsel and/or any member of the Town Board copies of all letters, notices, summonses and other documents sent or received by the Department in connection with violations and alleged violations of the Code, or resolutions or determinations of the Town Board, as such documents are sent or received.
D. 
Informational materials. The Department shall maintain in its office and make available to the public copies of:
(1) 
Complaint referral forms. Any complaint referral form that the Department wants a complainant to complete and submit for processing.
(2) 
Informational literature. Any informational brochure or literature which the Town Board desires to be distributed to members of the public having dealings with the Department.

§ 45-12 Scope of jurisdiction.

[Amended 9-6-2012 by L.L. No. 13-2012]
A. 
General.
(1) 
The Ordinance Enforcement Officers shall have the responsibility to educate the public, seek voluntary compliance, and investigate and pursue enforcement regarding alleged code violations, which include, but are not limited to:
(a) 
The East Hampton Town Code.
(b) 
The New York State Uniform Fire Prevention and Building Code as defined by New York State Codes, Rules and Regulations Title 19, Section 1219.1.
[Amended 7-21-2016 by L.L. No. 30-2016]
(c) 
Conservation easements.
(d) 
Mass gathering permits.
(e) 
Littering, dump control, leaves and yard waste.
(f) 
Recycling and management of solid waste.
(g) 
Numbering of land parcels.
(h) 
Storage of trailers.
(i) 
Conditions of approved Planning Board resolutions.
(j) 
Conditions of approved Zoning Board of Appeals resolutions.
(k) 
Conditions of approved Architectural Review Board resolutions.
(l) 
Violations of any provision of the Town Zoning Code, as set forth in Chapter 255, including but not limited to:
[1] 
Protection of natural resources.
[2] 
Setbacks and other dimensional requirements.
[3] 
Prohibited uses of land and structures.
[4] 
Erecting of buildings and structures or the making of other improvements to land.
[5] 
Use and occupancy of buildings and structures.
[6] 
Signs and exterior lighting.
[7] 
Overclearing of land.
(2) 
Such responsibility does not limit others, including, without limitation, the Building Inspectors or Fire Marshals, from performing said tasks regarding such subject areas.
B. 
Assistance. The Department shall, when appropriate, seek assistance from other departments of the Town, including, without limitation, assistance from the Department of Natural Resources regarding § 180-7 violations and assistance from the Department of Planning regarding Chapter 255 violations. Such assistance may include, without limitation, the provision of technical support and expertise, field work, affidavits and live testimony.

§ 45-13 through § 45-18. (Reserved)

§ 45-19 Severability.

The provisions of this local law are severable. If any provision of this local law or its application to any person or circumstances is held invalid, said invalidity shall not affect any other provision or application of this local law which can be given effect without the invalid provision or application of the local law.

§ 45-20 When effective.

The local law shall take effect immediately upon filing with the Secretary of State as provided for by law.