By Martha E. Conway
(Town of Sullivan, NY – Aug. 2014) The Sullivan Town Council introduced a property maintenance ordinance at a special meeting July 22 and set a public hearing on proposed Local Law No. K for the Year 2014. The public hearing was held at 7 p.m. Aug. 6 at the board’s regular meeting.
Local Law K will allow the town – with proper notice – to mow the lawns of neglected properties in the town outside the village.
“There are a lot of properties around the town owned not just by individuals, but banks, that are looking like jungles,” said Supervisor John M. Becker.
Town attorney John Langey said the town may act upon resident complaint or observation of the code enforcement officer of any part of a lawn exceeding 10 inches in growth.
“An attempt has to be made to locate the owner and serve notice,” Langey said. “Once that is done, the property owner has five days to mow it or ask for a hearing, or the town will arrange to have it mowed.”
Becker said a number of these complaints have landed on his desk, and it is time to do something about it.
Councilman John Brzuszkiewicz said he felt enforcement could be complicated; Langey explained enforcement is outlined in the law.
“But you have short sales, foreclosures and properties being handled by a bank in the Midwest,” Brzuszkiewicz said.
“People pay good money in taxes here, and they shouldn’t have to live next door to this,” Becker said.
Langey said there are companies that will maintain vacant properties and post their contact information on the parcel in case any issues arise. Brzuszkiewicz said maintenance companies can be difficult to locate for distant property owners. He said between a routine sale/purchase, the owner of title retains responsibility for the property until closing.
Deputy Supervisor William Cole asked how enforcement would work.
Langey said Code Enforcement Officer Philip Costanzo would hand-deliver a notice, if possible. If not, the notice would be affixed to the property and sent by certified mail. From there, the five-day clock would begin ticking.
According to Langey, if the town arranges for mowing, the town would have to pay that bill up front, then submit the expense to the county to put it on the tax bill.
The town made a negative declaration on the state environmental quality review form and set the public hearing for 7 p.m. Aug. 6.
Martha E. Conway is vice president of M3P Media, LLC, and publisher of the Madison County Courier. She can be reached at 315.813.0124 or by emailing martha@m3pmedia.com. Follow her on Twitter at twitter.com/marthaeconway or Facebook at facebook.com/meconway.