[Added 10-10-1995 by L.L. No. 47-1995]
In addition to other definitions set forth in
this chapter, the following definitions shall apply to this article:
Fences, berms, trees, plantings or shrubbery intended to
shield a building, use, area or site from view from nearby property.
Wherever screening is required under the provisions of this Code, including but not limited to screening that is required in conjunction with a site plan approval obtained pursuant to §§ 330-181 through 330-184 of this Code or in conjunction with a subdivision approval by the Planning Board, or screening is required as a condition on a variance or special exception permit, the owner of the property shall be required to erect, replace, repair and/or maintain such screening in good condition.
In addition to any other applicable penalties under § 330-186 of this chapter or any other applicable provision of law, where the property owner has failed to erect, replace, repair and/or maintain the required screening, the Town Board may direct an official of the Town of Southampton to erect, replace, repair or maintain fences, trees, plantings, shrubbery or other screening upon the following procedures:
A.
The Building Inspector or his designee shall notify
the property owner, in writing, of the noncompliance by sending a
letter to the property owner, by certified mail, return receipt requested,
enclosing a copy of this article, specifying the noncompliance and
providing a date not less than 30 days from the date of the letter
within which the required screening must be erected, replaced or repaired
and stating that failure to do so may result in further proceedings
under this article.
B.
Upon the expiration of the time period provided under Subsection A hereof, the Building Inspector or his designee shall inspect the subject property to determine if the specified noncompliance has been corrected.
C.
The Town Board, upon resolution, shall thereafter
set a date for a hearing at which the property owner and any other
member of the public may be heard regarding whether the Town Board
should direct the erection, repair or replacement of such screening
and assess the cost thereof against the property owner.
D.
The property owner shall be notified, by certified
mail, return receipt requested, at least 30 days prior to the date
set for the hearing, that such a hearing has been scheduled.
E.
Upon the conclusion of the hearing and findings by
the Town Board that screening is required by the provisions of this
Code and that said screening has not been erected or repaired or replaced
or maintained in good condition and that the subject property continues
to be in noncompliance with the provisions of this Code, the Town
Board may direct the erection, replacement or repair of said screening.
F.
In any case where the Town Board has directed the
erection, replacement or repair of screening, the Town Board shall
provide for the assessment of all costs and expenses incurred by the
Town in connection with the action taken against the property owner
and may direct that the Assessor include such amount on the next assessment
roll to constitute a lien against such property to be collected and
enforced in the same manner, by the same proceedings, at the same
time and under the same penalties as are provided by law for the collection
and enforcement of real property taxes in the Town of Southampton.
