[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.]
This chapter shall be known as the "Town of
East Hampton Department of Ordinance Enforcement Law."
[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.
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.
As used in this chapter, the following terms
shall have the meanings indicated:
Any act of commission or omission, past or present.
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]
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.
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]
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]
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]
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.
[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.
[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.
(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.
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.
[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)
Special
event permits.
[Amended 3-21-2019 by L.L. No. 14-2019]
(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.
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.
The local law shall take effect immediately
upon filing with the Secretary of State as provided for by law.
