Southampton City Zoning Code
ARTICLE XXIIIA
Screening Facilities
§ 330-214 Definitions.
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.
§ 330-214.1 Screening requirements.
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.
§ 330-214.2 Action at direction of Town Board.
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.