[Adopted 6-23-2020 by L.L. No. 32-2020]
A.
This Legislature hereby finds and determines that the County of Suffolk
has a duty to protect and preserve all County parkland. This Legislature
also finds and determines that many private residences are on parcels
of land that are adjacent to County parks and other park properties.
This Legislature further finds and determines that residents living
on properties that border parkland should take appropriate steps to
ensure that any construction or additions to their property do not
encroach on the preserved park property. This Legislature finds that
because many private contractors are unsure of exactly where the private
property ends and the parkland property begins, the installation of
structures on the private residence may accidentally trespass onto
the parkland. This Legislature determines that when a property is
bordering a park, it is necessary for the contractor to be precise,
especially when installing fencing, pools, or other structures on
the adjoining land. This Legislature also finds that in order to further
protect parkland, the contractor who is charged with installing or
constructing any structure on a parcel that is adjacent to parkland
should be required to obtain the survey of the property from the homeowner
they are employed by and affirm that his or her work does not physically
disturb any part of the parkland.
B.
Therefore, the purpose of this article is to require that all private
contractors working on properties that abut park properties obtain
a survey from the private property owner who hired them to ensure
that their work does not encroach on the protected parkland and affirm
that their work does not infringe on preserved property.
As used in this article, the following terms shall have the
meanings indicated:
Any person or business which performs: any repair, remodeling,
alteration, conversion, modernization, home raising or home elevating
services, improvement or addition to residential property, and includes
but is not limited to painting of residential structures; carpentry;
fencing; driveways; exterminating; flooring; ductwork for heating,
ventilation and air-conditioning systems; masonry; roofing; siding;
the construction, installation and/or servicing of swimming pools
and portable and permanent spas; and waterproofing; as well as other
improvements to structures or upon land which are part of residential
property, including landscaping and arboriculture, which as used herein
shall mean tree sprayers, tree pruners, tree stump removers and all
other tree services; but shall not include the construction of a new
home or work done by a contractor in compliance with a guaranty of
completion on new residential property or the sale of goods by a seller
who neither arranges to perform nor performs, directly or indirectly,
any work or labor in connection with the installation of or application
of the goods or improvements to residences owned by or controlled
by any government subdivision.
Includes all parcels preserved by the state, County, or any
municipality located within Suffolk County to be used as public parks,
beaches, wetlands, playgrounds, athletic fields, recreation centers,
marinas, golf courses, open spaces and areas publicly owned and acquired
for the conservation of natural resources and the enjoyment of the
residents of the County of Suffolk.
When a contractor agrees to perform work on any portion of property
that abuts parkland and such work is not located solely on or within
the main structure on the parcel, the contractor shall:
A.
Obtain from the private property owner a copy of the land survey
of the parcel upon which the contractor is to perform work prior to
beginning any physical labor on the property;
B.
Obtain from the private property owner a written affirmation that
there have been no changes to the property since the completion the
survey, or, if changes were made since the survey, a written statement
of those changes; and
C.
Complete an affidavit affirming that, upon information and belief,
the work to be performed by the contractor on the property is solely
within the bounds of the private property and does not encroach on
or physically disturb any part or portion of the adjacent parkland.
Such affirmation shall be signed by the contractor and notarized by
a licensed notary public.
This article shall be enforced by the Suffolk County Department
of Labor, Licensing, and Consumer Affairs.
A.
Violation of this article shall result in a fine of $50 for the first
offense, $100 for a second offense, and $250 for a third offense and
every offense thereafter.
B.
No civil penalty or fine shall be imposed under this article until
after a hearing has been held before the Commissioner of the Department
of Labor, Licensing, and Consumer Affairs, or his or her designee,
upon at least seven business days' notice to the contractor. Such
notice shall be served either personally or by certified mail, return
receipt requested, to the address of the contractor and shall state
the date, time and place of the hearing as well as enumerate the grounds
constituting the alleged violation by the contractor. The contractor
may produce witnesses in his or her own behalf. A record of the hearing
shall be taken and preserved. For the purpose of such hearing, the
Commissioner, or his or her designee, may administer oaths, subpoena
witnesses and compel the production of books, papers, records and
other documents deemed pertinent to the subject of the hearing.
C.
If any portion of the contractor's work encroaches on a County, state,
or municipal park, the County may commence a civil action to pursue
damages in a court of competent jurisdiction against the contractor
who duly affirmed that there was no such encroachment.
This article shall apply to all actions occurring on or after
the effective date of this article.
