§ 45-4. Littering and dumping., Chapter 45. Sanitation, Code of Ordinances, Brookhaven

Litter on private property. No person shall cause litter to be thrown or deposited in or upon private property within the Town except in authorized private and commercial receptacles. Persons placing or removing litter in or from authorized private and commercial receptacles shall do so in such manner as to prevent it from being scattered, carried or deposited upon private property.

[Amended 1-19-2012 by L.L. No. 3-2012, effective 1-31-2012]

Litter on public property. No person shall cause litter to be thrown or deposited in or upon public lands or roadways within the Town except in public receptacles or in public disposal facilities. Persons placing or removing litter in or from public receptacles shall do so in such manner as to prevent it from being scattered, carried or deposited upon any street, sidewalk or other public roadway.

[Added 1-19-2012 by L.L. No. 3-2012, effective 1-31-2012]

Editor’s Note: This local law also redesignated former Subsections B through J as Subsections C through K, respectively.

Litter from vehicles. No person shall drive or move any truck or other vehicle within the Town unless such vehicle is so constructed or loaded to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public or private property, nor shall any person drive or move any vehicle or truck within the Town, the wheels or tires of which carry onto or deposit upon any street, alley or other public or private property mud, dirt, sticky substances, litter or foreign matter of any kind.

Duty to keep private property free of litter, and Town's authority to remove. Any person owning, occupying or in control of private property shall maintain such property, including the sidewalk in front thereof, free of litter. In the event that the owner, occupant or person in control of private property located within the Town shall fail to remove litter located on such property, the Town shall have the authority, as provided for herein, to enter upon such property, to remove the litter so located, to assess the cost and expense of such action against the property and to establish a lien in the manner provided hereinbelow.

[Amended 4-16-2002 by L.L. No. 1-2002, effective 4-25-2002; 8-2-2018 by L.L. No. 18-2018, effective 8-20-2018]

(1)

Notice. If the Commissioner shall find that litter exists upon such private property, the Commissioner may make an order, directing notice to be served upon the owner of said property as shown by the records of the Receiver of Taxes of the Town.

(2)

Contents of notice. The notice shall contain a general description of the property, a statement of the particulars with regard to the littered condition of the property and an order requiring the litter existing on the property to be removed. The notice shall specify a time, not less than 10 days after the service thereof, within which the owner served with such notice must complete the removal of the litter from the property specified in the notice. The notice shall state that, in the event that the littered condition on the property is not eliminated within the time specified in the notice, the Town shall undertake to enter the property, remove the litter and assess the cost of such removal against the property.

(3)

Service of notice. The notice may be served either personally or by certified mail, addressed to the last known address, if any, of the owner as the same may appear on the records of the Receiver of Taxes of the Town; provided, however, that if such service is made by certified mail, a copy thereof shall also be posted on the property where the litter is located. Service of the notice by mail and posting shall be deemed completed on the day on which both the mailing and the posting will have been accomplished.

(4)

Failure to comply. Upon failure of the owner of the property to comply with the notice within the time provided therein, the Commissioner or such other official of the Town as may be designated by the Commissioner shall provide such labor and materials as are necessary for cleaning the litter from the property and shall cause such work to be performed as will remove the litter from the property.

(5)

Assessment of costs and expenses. All costs and expenses incurred by the Town in connection with the removal of the litter from the property shall be assessed against the land on which said litter was located. An itemization of such costs shall be provided to the Town by the Commissioner. The total costs and expenses shall then be determined by the Town Board and shall be reported to the Assessor of the Town as an amount to be liened and assessed against the property, and the expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges. That portion of said collected funds which shall represent costs and expenses incurred by any department of the Town with regard to alleviating the littered condition shall be returned to that department's operational budget.

Duty to keep private property free of brush, grass, weeds, fire hazards and health hazards, and Town's authority to remove.

[Added 11-10-2009 by L.L. No. 22-2009, effective 11-17-2009; amended 8-2-2018 by L.L. No. 18-2018, effective 8-20-2018]

(1)

Any person owning, occupying or in control of private property shall cut, trim or remove brush, grass or weeds, and eliminate fire hazards and health hazards, upon said property.

(2)

In the event that the owner, occupant or person in control of property which is vacant or upon which an unoccupied building, uninhabited building, vacant building or a foreclosed building is situated shall fail to cut, trim or remove brush, grass or weeds, or fail to eliminate fire hazards and health hazards from said property, the Town shall have the authority, as provided for herein, to enter upon such property to cut, trim or remove said brush, grass or weeds, and to eliminate health and fire hazards. The cost and expense of such action shall be assessed against the property and a lien established in the manner provided hereinbelow.

(a)

Notice. If the Commissioner shall find brush, grass or weeds, or fire hazards and health hazards, upon property which is vacant or upon which an unoccupied building, uninhabited building, vacant building, abandoned building or a foreclosed building is situated, the Commissioner may make an order, directing notice to be served upon the owner of said property as shown by the records of the Receiver of Taxes of the Town.

(b)

Contents of' notice. The notice shall contain a general description of the property, a statement of the particulars with regards to the condition of the property and an order requiring the cutting, trimming or removal of brush, grass or weeds, and elimination of fire hazards and health hazards. The notice shall specify a time, not less than 10 days after the service thereof, within which the owner served with such notice must complete the cutting, trimming or removal of brush, grass or weeds, and elimination of fire hazards and health hazards from the property specified in the notice. The notice shall state that, in the event that the condition on the property is not eliminated within the time specified in the notice, the Town shall undertake to enter the property to cut, trim or remove brush, grass or weeds, and eliminate fire hazards and health hazards, and assess the cost of same against the property.

(c)

Service of notice. The notice may be served either personally or by regular and certified mail, addressed to the last known address, if any, of the owner as the same may appear on the records of the Receiver of Taxes of the Town; provided, however, that if such service is made by certified mail, a copy thereof shall also be posted on the property where the brush, grass or weeds, and fire hazards and health hazards, are located. Service of the notice by mail and posting shall be deemed completed on the day on which both the mailing and the posting will have been accomplished.

(d)

Failure to comply. Upon failure of the owner of the property to comply with the notice within the time provided therein, the Commissioner or such other official of the Town as may be designated by the Commissioner shall provide such labor and materials as are necessary for cutting, trimming or removal of brush, grass or weeds, and elimination of fire hazards and health hazards, and shall cause such work to be performed as will cut, trim or remove brush, grass or weeds, and eliminate fire hazards and health hazards from the property.

(e)

Assessment of costs and expenses. All costs and expenses incurred by the Town in connection with the cutting, trimming or removal of brush, grass or weeds and elimination of fire hazards and health hazards from the property, plus an administrative fee of $500, shall be assessed against the land on which said brush, grass or weeds, and fire hazards and health hazards, were located. An itemization of such costs shall be provided to the Town Board by the Commissioner. The total costs and expenses shall then be determined by the Town Board, plus an administrative fee of $500, and shall be reported to the Assessor of the Town as an amount to be liened and assessed against the property, and the expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges. That portion of said collected funds which shall represent costs and expenses incurred by any department of the Town with regard to alleviating the condition shall be returned to that department's operational budget.

Duty to keep frontage of residential property free and clear of abandoned household contents, and Town's authority to remove. Any person owning and/or in control of a residential dwelling which is/was subject to a residential leasehold shall maintain such property frontage, including but not limited to the front yard, and frontage, and/or the contiguous right-of-way, free of abandoned household contents as defined in this chapter. In the event that abandoned household contents as defined in this chapter are located upon or contiguous with the frontage and/or abutting right-of-way of a lot or parcel of land, for a period in excess of 48 hours, the Town is hereby authorized as provided for herein to enter upon such property, if necessary, to remove said abandoned household contents so located, to assess the cost and expense of such undertaking against the property and to establish a lien as herein provided.

[Amended 4-16-2002 by L.L. No. 1-2002, effective 4-25-2002]

(1)

Inspection and report. Upon notification that abandoned household contents are located on or along a parcel of private property's frontage and/or the right-of-way contiguous thereto, the Town Attorney or Superintendent of Highways may make an inspection thereof and report his/her findings concerning the same to the Town Board.

(2)

Notice. If the Town Attorney or Superintendent of Highways shall find that abandoned household contents are located on or contiguous with the frontage of such private property, the aforesaid official may make an order, directing notice to be served upon the owner of said property as appears in the records of the Receiver of Taxes of the Town.

(3)

Contents of notice. The notice shall contain a general description of the property, a statement of the particulars with regard to the violative condition(s) existing at the subject property and an order requiring that the said abandoned household contents existing on or contiguous with the property, and/or its frontage, be removed. The notice shall specify a time, not less than 48 hours after the service thereof, within which the owner served with such notice shall complete the removal of the litter and/or the abandoned household contents from the property or along the frontage or the contiguous right-of-way as specified in the notice. The notice shall further state that, in the event that the cited condition is not eliminated within the time specified in the notice, the Town shall undertake to enter upon the property, if necessary, to remove the litter and/or abandoned household contents, and assess the cost of such removal against the property.

(4)

Service of notice. The notice may be served either personally or by certified mail, addressed to the last known address, if any, of the owner as the same may appear on the records of the Receiver of Taxes of the Town; provided, however, that if such service is made by certified mail, a copy thereof shall also be posted on the property where the litter and/or abandoned household contents are located. Service of the notice by mail and posting shall be deemed completed on the day on which both the mailing and the posting will have been accomplished.

(5)

Failure to comply. Upon failure of the owner of the property to comply with the notice within the time provided therein, the Town Attorney or Superintendent of Highways shall provide such labor and materials as are necessary for clearing the litter from the said property and/or the abandoned household contents from said property or its frontage or contiguous right-of-way and shall cause such work to be performed as will remove either the litter and/or the abandoned household contents from the property.

(6)

Assessment of costs and expenses. All costs and expenses incurred by the Town in connection with the removal of the material and/or items, as set forth hereinabove, from the property, shall be assessed against the subject land or lot. An itemization of such costs shall be provided to the Town by the Town Attorney or Superintendent of Highways. The total costs and expenses shall then be determined by the Town Board and shall be reported to the Assessor of the Town as the amount to be liened and assessed against the property, and the expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges. That portion of said collected funds representing costs and expenses incurred by any department of the Town with regard to alleviating the violative condition(s) shall be allocated and/or restored to that department's operational budget.

(Reserved)

Editor's Note: Former Subsection G, Removal of litter and/or abandoned household contents, was repealed 8-2-2018 by L.L. No. 18-2018, effective 8-20-2018.

Records search fee. The Department of Recycling and Sustainable Materials Management of the Town of Brookhaven may provide research entities, and other third parties, with public information regarding cleanup costs that have been assessed against a property as determined by the Board of the Town of Brookhaven and reported to the Assessor as provided in § 45-4.

[Added 11-23-2010 by L.L. No. 30-2010, effective 12-7-2010; 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]

(1)

An administrative fee set by the Commissioner shall be charged for a search of the records of the Department of Recycling and Sustainable Materials Management in the Town of Brookhaven for violations of § 45-4 and any subsequent assessments levied against a property.

(2)

An administrative fee shall not apply to the owner of said property as shown by the records of the Receiver of Taxes who has received a notice from the Commissioner regarding a violation or assessment against a property in accordance with § 45-4 within 180 days of the notice of violation or assessment against the property.

Enclosure of dumpsters. All dumpsters shall be fully enclosed by an enclosure of not more than eight feet in height and in conformance with Chapter 85 of the Town Code of the Town of Brookhaven.

[Amended 6-18-2002 by L.L. No. 14-2002, effective 6-24-2002; 8-2-2018 by L.L. No. 18-2018, effective 8-20-2018]

Protection of stormwater recharge areas.

[Amended 6-18-2002 by L.L. No. 14-2002, effective 6-24-2002]

(1)

Designation of recharge basins. The Town Board hereby finds that the groundwater recharge basins located within the Town of Brookhaven provide an important function in the hydrogeologic cycle and should be protected. Stormwater recharge basins facilitate the recharge of rainwater in developed areas and are of extreme importance in sole-source aquifer systems such as the Town of Brookhaven. It is the intent of this legislation to strictly prohibit the dumping of litter and/or hazardous wastes within stormwater recharge basins and to provide an efficient means of cleaning up illegally dumped litter and/or hazardous wastes in order to aid in the protection of the groundwater aquifer.

(2)

Litter and hazardous waste. No person shall cause litter and/or hazardous waste to be thrown or deposited in or upon public or private stormwater runoff recharge basins, whether said recharge basins be privately or publicly owned.

(3)

Maintenance. The owners of private stormwater recharge basins shall maintain such property free of litter and/or hazardous waste, shall maintain all required fencing in a safe manner, shall maintain all buffers and landscaping and shall otherwise maintain said stormwater runoff recharge basin in such a manner that it shall continue to function as a recharge basin.

(4)

Posting. The owners of all stormwater runoff recharge basins shall promptly post a notice in such form and design as shall be approved by the Commissioner of the Department of Planning, Environment and Land Management, designating the area as a water recharge protection area, containing a statement of the site's function and importance in groundwater recharge, prohibiting dumping of any litter and/or hazardous waste within the area or around its perimeter, stating the penalties imposed for dumping.

[Amended 9-7-2004 by L.L. No. 22-2004, effective 11-1-2004]

(5)

(Reserved)

Editor's Note: Former Subsection J(5), Penalties, was repealed 8-2-2018 by L.L. No. 18-2018, effective 8-20-2018. See now § 45-12D and E.

(6)

Cleanup of litter and hazardous waste. For purposes of ensuring the prompt cleanup of litter and/or hazardous waste which may threaten stormwater recharge areas, the Commissioner of the Department of Recycling and Sustainable Materials Management may proceed in the same manner as the Chief Building Inspector is authorized to proceed under Article III of Chapter 73 of the Code of the Town of Brookhaven to render the site safe and free of litter and/or hazardous waste.

[Amended 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]

Dumping prohibited. It shall be unlawful for any person, his or her agent, employee or any person under his or her control to suffer or permit any garbage, hazardous waste, liquid waste, litter, rubbish, solid waste, construction or demolition debris, whether processed or not or debris of any sort or any other organic or inorganic material or other offensive matter being transported in a dump truck or other vehicle to be dumped, deposited or otherwise disposed of in or upon any street, lot, park, public place or other area whether publicly or privately owned, except for the disposing of solid waste at a public disposal facility or a private disposal facility permitted and licensed by the Town of Brookhaven and when in accordance with the rules and regulations governing the use of said public or private disposal facility. Causing a quantity of litter, measuring less than 10 square feet in area, to be placed or thrown upon the ground shall not be deemed dumping.

[Amended 6-18-2002 by L.L. No. 14-2002, effective 6-24-2002]