Brookhaven, NY Property Maintenance: Property Blight (2026)
Key Facts
- Blight threshold
- 100 points on the § 88-3 checklist
- Overgrown grass points
- 10 points, at 12 inches or more
- Fire hazard finding
- 50 points, per Fire Marshal determination
- Notice period
- At least 30 days to begin correction
- Cost recovery
- Unpaid abatement costs become a property lien
- Governing chapter
- Brookhaven Code Chapter 88, adopted 2014
Summary
Brookhaven designates a property blighted once it racks up 100 points on a checklist running from broken windows to overgrown grass 12 inches or higher to fire hazards, under Code §§ 88-2 and 88-3. Owners get written notice, at least 30 days to fix the violations, and a hearing before the Town can enter the property and bill the cleanup costs.
BLIGHTED PROPERTY: An improved or vacant property which meets or exceeds a point value of 100 points as set forth within this chapter. ... § 88-3. Blighted property designation. Blighted property: The following conditions shall be factors in evaluating whether or not a property is designated as blighted property: A. A determination by the Town Attorney or his/her designee that the property is in a condition which poses a serious threat to the health, safety and/or general welfare of the community. (50 points) ... D. A determination has been made by the Fire Marshal that the conditions upon the property constitute a fire hazard. (50 points) ... (5) Overgrown grass at least 12 inches and/or higher or other overgrown vegetation or shrubbery. (10 points)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4966897; v79 updated 2026-05-28; through 05-28-2026).
Full Breakdown
Chapter 88, Blighted Property Restoration, adopted in 2014, applies Town-wide to both residential and commercial property outside the Town's incorporated villages and bans anyone in control of real property from creating or maintaining a blighted property under § 88-1C. Section 88-3 defines the point factors that add up to the 100-point threshold set in § 88-2: a Town Attorney finding of a serious health or safety threat (50 points), unresolved summonses or prosecutions under specific Town chapters including zoning (50 points), attracting illegal or noxious activity under the Town's Nuisance Abatement chapter (50 points), a Fire Marshal hazard finding (50 points), and a long list of persistent unmaintained conditions: boarded or broken windows and doors (5 to 10 points each), grass 12 inches or higher (10 points), a damaged roof, gutters, siding, or chimney (5 to 10 points each), more than one unregistered vehicle (5 points) or junk vehicles (2 points each), graffiti (10 points), broken fencing or outdoor lighting (5 to 10 points), exposed electrical wiring (15 points), fire damage left unrepaired (30 points), and vermin or rodent infestation (30 points).
Once a property crosses 100 points, § 88-4 requires the Town Attorney to serve notice on the owner, and § 88-5 gives the owner at least 30 days to begin correcting the violations before the Town schedules a hearing, with the notice warning that an owner who doesn't show up and contest the finding faces the Town entering the property to remove or repair the violations and billing the cost back to the owner.
Violations & Fines
Section 88-7 lets the Town enter the property, abate or remove the violations, and charge the cost and expenses against the owner if the owner fails to comply with a notice after a hearing opportunity, under the authority of Town Law §§ 64 and 130. Those costs are audited by the Town Board, reported to the Assessor, and become a lien on the property, collected the same way as unpaid real property taxes, until paid off.
Frequently Asked Questions
How does Brookhaven decide a property is legally blighted?
What happens after a property is designated blighted?
Who pays if the Town has to clean up a blighted property itself?
Sources & Official References
Other rules in Brookhaven
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