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Public Safety - Code Enforcement

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1. How do I file a complaint?

Whenever possible complaints should be completed online. Complaints may also be made through the support staff either by telephone at 631-702-1700 or in person at Town Hall (Lower Level), 116 Hampton Road, Southampton, NY 11968. Complaints and letters can also be mailed to the above address, however many letters do not provide us with all the information necessary to commence an investigation.

https://gis.southamptontownny.gov

Report a Violation

2. Am I required to leave my name?

Complaints will be investigated even when they are made anonymously. We prefer to have contact information so that we can obtain additional information if needed. We maintain the complainant's name as confidential. The information is not released if a FOIL request is made. 

https://gis.southamptontownny.gov/SOS/

3. Can multiple families live in one house?

If a house has a certificate of occupancy for a single family residence it can not be legally divided. Some homes do have certificates of occupancy that allow for two or three families to legally reside there. Town records must be researched to determine the legal status.

Some homes can legally have an accessory apartment. The house must be owner-occupied and meet other requirements, including the proper applications and approvals from Code Enforcement .

Boarding houses are also permitted for up to two boarders. The boarders must share common areas and kitchen with the main occupants. Bed and breakfasts must have the proper permits. The Building Department reviews application for the conversion. An annual permit is then administered through Public Safety.

https://gis.southamptontownny.gov/SOS/

4. Can there be bedrooms in basements or attics?

Prior to January 2003, bedrooms were not permitted below grade level. With the code amendment, bedrooms may be permitted in basements and attics, but they must be able to meet certain criteria including ceiling height and egress (escape) windows. All conversions, including those from a legal, finished basement, require a building permit.

5. Are unregistered vehicles allowed to be parked on residential property? What is a junk vehicle?

One unregistered vehicle may be legally stored on a residential property. It can be parked in a driveway. A junk vehicle is unregistered and rusted, wrecked, discarded, dismantled, inoperative, and not intended for use on public roadways. A car being reconditioned is not considered junk.

Any vehicle is permitted to undergo major overhaul, including body work, provided the work is performed inside a structure designed and approved for such purpose. Race cars are controlled by several various licensing membership groups. In order to participate at a track, the race / demolition derby car would have to be operative and there is a registration requirement imposed by the controlling association (New York State Stock Car Association, Dirt Motor Sports, etc.). This does not affect storage that complies with applicable zoning or licensing requirements.

Click here to Report a Complaint

6. Can one person make a noise complaint?

Anyone can make a complaint. Noise complaints must be addressed while the violation is occurring. Complaints should be called in to the Southampton Town Police Department at 631-728-3400. Police officers can handle noise complaints. If the complaint is made while Code Enforcement is working, they may respond. In many instances the offending source of noise will be determined and the individual in charge will be asked to remedy the problem.

If remediation is not successful, the responding officer will need to take a written statement from the person complaining. A decision by the New York State Supreme Court has ruled that three separate households must be disturbed by the noise. Before a summons can be issued, there must be at least three people from different households willing to sign affidavits. Most cases do not go to trial, but if a trial is requested the complainants must be willing to testify at the time of the trial.

Click here to Report a Complaint

7. What are property maintenance complaints? What about litter and garbage?

All improved properties shall be maintained to prevent blight and to prevent hazards to the public health, safety and welfare. There is a wide range of standard including: Surface and sub-surface water shall be appropriately drained. Pools can not be drained onto neighbor's properties or onto roadways. Paved areas have to be maintained to afford safe passage for pedestrian and motor vehicle traffic under normal usage.

Landscaping has to be maintained to prevent it from being overgrown or unsafe. Premises shall be maintained free from weeds in excess of 10 inches. All garbage and debris shall be kept inside or in an acceptable enclosed container, and shall be regularly removed form the site. Yards and buildings should be free of hazards. Open wells, cesspools, refrigerators with the doors on them, and buildings should be reported to Public Safety.

Click here to Report a Complaint

8. Can a commercial vehicle be parked in the drive way of a private residence?

Yes, as long as the vehicle is not greater than 10,000 pounds gross vehicle weight or greater than 25 feet in length. Click here to Report a Complaint.

9. Can I keep a boat on my property?

Yes, a boat can be stored at a home as long as it is not stored in the required front or side yard for the zoning district. A boat can be stored in front of a house as long as it meets the set back requirement for that zone.

10. Can a portable basketball hoop be kept in the street?

No, portable basketball hoops have to be on the owner's property. Click here to Report a Complaint

11. My neighbor's fence is falling down. What can I do?

The property maintenance code requires that a fence be kept in good condition. Call Code Enforcement and they will investigate. Click here to Report a Complaint

12. There is a broken or cracked window at a house on my street, is this a code issue?

Contact Code Enforcement and they will investigate your concern. However, a cracked window is not always a violation of the property and maintenance code. Broken out windows or windows that are not weather tight may, in fact, be a violation of the code. Click here to Report a Complaint

13. Do pools require fencing? Do you need a pool permit?

Both above-ground and in-ground pools and spas require building permits. The general answer is that they all require some form of protection. For in-ground pools, the fencing includes self-closing and self-latching gates and an alarm. There are exceptions for above-ground pools and spas, including locking stairs and safety covers. Click here to Report a Complaint

14. How do I obtain a rental permit?

Applications are available online. They can also be picked up at the Code Enforcement Department, Lower Level, 116 Hampton Road, Southampton, NY 11968.

15. When is a rental permit required?

Rental permits are required before a dwelling is rented. The permit is valid for a two-year period.

Applications are available online. They can also be picked up at the Code Enforcement Department, Lower Level, 116 Hampton Road, Southampton, NY 11968.

16. What do I do if I think my neighbor's house is rented without a permit?

Permit information is not available online. If you feel that a house is rented, Report an online complaint with Code Enforcement. The allegation will be investigated.

Code Enforcement
Ph: 631-702-1700
Fx: 631-283-2694

17. Is a building permit required?

A permit is not required for minor work, with the exception of wood stoves. Replacing siding or roofing material generally does not require a permit, but in village businesses and where buildings are in close proximity, it may require a permit to ascertain that fire codes are addressed.

Generally, fences less than four feet do not require a permit, but some specific instances such as wetlands may require a permit. Questions on residences should be directed to the Building Department. Businesses can address the question with either the Fire Marshal or Building Department.

18. How do I know if my neighbor has a permit for his pool or shed?

A building permit should be clearly posted if permitted work is in progress. If a permit is not visible, a complaint can be filed to start the research process.

19. A house in my neighborhood burned down. How long do I have to look at it?

Code requires that a building be kept in a secure condition. Many property owners will have their property secured to provide protection from the elements and from unauthorized access. Time must be given to allow for investigation and insurance claims. Generally a Notice of Violation will be sent if a building is not secured within 30 days.

If the violation persists, a summons may be issued. If the building is in an unsafe condition the town may proceed with an enforcement action to remove the building. If the building is structurally sound, but unsightly, the building may continue to exist as long as it is kept secure. Unless the damage is minimal, the fire-damaged portion of the building structure must be rebuilt as new construction. Changes from the footprint of the original building may require Planning Board approval before permits can be issued.

20. How do I report overcrowding conditions in a bar or nightclub?

Notification should be made to the Southampton Town Police Department at 631-728-3400. A police officer may be dispatched. A fire marshal will also be notified.

21. How do I report overcrowding in a house?

The complaint should be made to Public Safety. Consent must be granted by not only the property owner, but also by the occupants. If consent to enter is not granted, surveillance is necessary. Having accurate information allows us to know when the best time to observe the violation exists. If surveillance is able to compile strong evidence, we may be able to get a search warrant. 

22. How many vehicles are allowed to be parked at a home?

Town Code allows for one more registered vehicle than the number of legal bedrooms. If the number of vehicles exceeds the information in the Building Department or on the Assessor's records, a summons can be issued for excessive vehicles. 

23. How do I report complaints on clearing violations? Building in wetland?

The Town Conservation Division of Land Management should be notified at 631-287-5710. Their research will be forwarded to Code Enforcement for followup.

24. How do I make a complaint against a contractor?

The town's website lists the names of contractors and businesses licensed to operate within the town. If the complaint is about the quality of work, it may be a civil matter. If the complaint is regarding work done by a contractor who is not licensed to operate within the town, Public Safety should be contacted. A written affidavit will have to be given to a Code Enforcement officer. Charges may then be filed in Town Justice Court.

25. How long after a make a complaint will it be until the problem is remedied?

We all want to be good neighbors and want to have good neighbors. However, this is not always the case. Many people work at compliance as soon as they are educated about the problem. Some do not. If the complaint requires Planning Board approval, the process can often take two years or more. If the person chooses not to comply, Public Safety must follow strict guidelines.

For some violations we can issue frequent summonses. For other violations, summonses can not be issued more often than once a week. Although the code allows for repeat summonses, each violation must be personally witnessed. If the officer can not gain access, they are not able to write a summons.

The court process allows for adjournments. In many instances, the violation will continue to exist as it proceeds through the judicial process. Public Safety can not make it stop! If the problem is severe, the town may elect to go before the New York State Supreme Court in an attempt to get a temporary restraining order to stop the violation. This is a long and complicated process.

26. Is there a leash law in Southampton Town?

The Town Code of the Town of Southampton prohibits owners from allowing dogs to be "at large." A dog is considered to be "at large" if it is not under the immediate supervision and control of a responsible person and is on property open to the public or on private property not owned or leased by the owner of the dog. The "running at large" law applies only to the unincorporated sections of the town. You should contact each incorporated village to determine if they have a similar law.

27. What should I do if my neighbors' dog barks while they are not home?

The Town Code prohibits owners from allowing dogs to disturb its neighbors with prolonged or frequent noise. If you have a barking dog problem, you should contact the Town's Animal Control Department at 631-702-2915 to lodge a complaint and we will investigate.