HomeMy WebLinkAbout10.19.2022_Agenda1
Zoom Link 4118425407
Village of Cayuga Heights Board of Trustees Monthly Meeting
October 19, 2022 7:00 p.m.
EXHIBIT/PAGE
1. Call To Order
2. Approval of September 21st, 2022 Meeting Minutes 2023-074 pgs. 2-18
3. Report of the Fire Superintendent Tamborelle: Submitted Report 2023-075 pgs. 19-20
4. Privilege of the Floor:
5. Report of Treasurer Dolch: Submitted Report 2023-076 pgs. 21-22
6. Report of Mayor Woodard
a. Public Hearing on Proposed Local Law - D of 2022 Short-term Rentals 2023-077 pgs. 23-24
b. Appointment of Jennifer Biloski to the Public Safety Committee 2023-078 pg. 25
c. Appointments to the Village Human Resources Committee 2023-079 pg. 25
d. Creation of the Sunset Park Task Force 2023-080 pg. 26
e. Plant to Plant Agreement
7. Report of the Trustees
8. Report of Police Chief Wright: Submitted Report 2023-081 pgs. 27-28
9. Report of Director of Public Works Wiese: Submitted Report 2023-082 pgs. 29-31
10. Report of Superintendent of Public Works Cross: Submitted Report 2023-083 pgs. 32-34
a. Schedule a Public Hearing- Proposed Local Law E of 2022-Bld. Code 2023-084 pgs. 35-63
11. Report of Clerk Walker: Submitted Report 2023-085 pg. 64
a. GTCMHIC 2023 MCA Resolution 2023-086 pg. 65
12. Report of Village Attorney:
13. Adjournment
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EXHIBIT 2023-074
Minute VILLAGE OF CAYUGA HEIGHT Wednesday, September 21, 2022
Zoom Meeting ID # 4118425407 BOARD OF TRUSTEES
MONTHLY MEETING
Present: Mayor Woodard; Trustees: Hubbard, Marshall, Rennekamp, Robinson, and Salton; Police Chief
Wright; Village Engineer B. Cross; Director of Public Works Wiese; Clerk Walker; Treasurer Dolch;
Attorney Marcus: J. Biloski
1. Call to Order: Mayor Woodard calls the meeting to order at 7:01 p.m.
2. Appointment of Jennifer Biloski as Village Trustee: Village resident and former Village Trustee
Jennifer Biloski has joined the Board of Trustees to fill the vacancy by former Trustee C. Vanloan.
•Mayor Woodard would like to appoint J. Biloski as a Village Trustee for one official year (4/2023)
Resolution # 9257
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the appointment of
Jennifer Biloski as a Village Trustee for one official year. (4/2023)
Motion: Trustee Marshall
Second: Trustee Hubbell
Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, and Salton
Nays: none
Abstentions: Robinson
Motion Carried
3a. Approval of Meeting Minutes: August 17, 2022 (Exhibit 2023-061)
BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees approves the August 17, 2022
Meeting minutes as presented.
Motion: Trustee Salton
Second: Trustee Rennekamp
Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, and Salton
Nays: none
Abstentions: Biloski, Robinson
Motion Carried
3b. Approval of the Special Board Meeting Minutes: September 7, 2022
•The Board Voted at the end of the meeting when Trustee Robinson was present.
Resolution # 9259
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves September 7, 2022,
Special Board Meeting minutes as presented.
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Motion: Trustee Marshall
Second: Trustee Hubbell
Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, and Robinson
Nays: none
Abstentions: Rennekamp, and Salton
Motion Carried
4. Report of Fire Superintendent Tamborelle: Submitted Report (Exhibit 2023-063)
•Fire Superintendent Tamborelle states that the fall recruit class dinner is tomorrow night and there is a lot
of interest.
•Superintendent Tamborelle states that the only action item he has tonight is for the Board to approve the
Cayuga Fire Company fundraising letter. Exhibit 2023-064
Resolution # 9260
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves the
Cayuga Heights Fire Company fundraising letter to be mailed out to Village residents as presented in Exhibit
2023-064.
Motion: Trustee Salton
Second: Trustee Rennekamp
Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, and Salton
Nays: none
Abstentions: Robinson
Motion Carried
5. Privilege of the Floor:
•Village resident Denise Ramzy of Kline Rd. addresses the Village Board with some concerns about the
Walking Safe Cayuga Heights Sidewalk Project.
•D. Ramzy states that over the last year or so communication has broken down and little information has
been shared. This week she now has noticed blue tape around a number of trees that she assumes will be
cut for the project and NYSEG has been installing poles and has to move one that they mistakenly placed
in the way of the future sidewalk.
•Mayor Woodard states that there haven't been any updates on this project and that is why the Village
hasn't attempted to reach out to those affected by this project. It is also news to her that NYSEG was
doing any work on Kline Rd.
•D. Ramzy states that this action looks like the project is making progress but received nothing from the
Village. She would like to re-establish a line of communication going forward. She would also like to
express her concerns about the overall scope of this project and the lack of input from Village residents.
•Mayor Woodard states that NYSDOT informed the Village that trees could not be cut down during
certain times of the year in order to protect nesting bat populations.
•The Village DPW has made the decision to cut the trees down before that time of the year comes back
around but the overall design scope of the project has not changed.
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•B. Cross states that the timing for the offseason for the bats is right now until Spring. So, we have a lot
of time before we need to cut those trees. We are not planning to do it right away since we are also
waiting for NYSDOT to approve the design phase of this project.
•B. Cross further states that the Village cannot even provide the details that you are asking for and you
are one hundred percent correct that the. The drawings we have do not help understand the scope of this
project. What we all need to move forward from NYSDOT doesn’t exist yet.
•D. Ramzy states that she does not want to miss the opportunity for changes to be made to this project.
•B. Cross states that there will be opportunities for Village residents to participate in the design phases
once the Village has approval from the NYSDOT.
•D. Ramzy states that the other concern she has is that she now has three NYSEG telephone poles on her
property.
•D. Ramzy also states that NYSEG trimmed her trees to make room for the additional poles and left the
trimmings and streetlights on the property.
•Trustee Robinson joins the meeting at 7:20 p.m.
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•Mayor Woodard states that she will have B. Cross contact the NYSEG Representative first thing
tomorrow and complain about the way this situation has been handled.
•Trustee Salton states that NYSEG will be back to put the streetlight back on the pole.
•Mayor Woodard completely sympathizes with D. Ramzy and will draft a letter to NYSEG and the Public
Service Commission expressing the Village's frustration with NYSEG and their pole replacement
program.
•Village resident R. Nesbitt of Highland Rd. addresses the Village Board. He would like to echo D.
Ramzy’s comments about information sharing about the Walking Safe Cayuga Heights Sidewalk Project.
•R. Nesbitt states that from what he sees this plan has no continuity with any other streets. He feels that it
is time to seek more money for this project so it can be done correctly. He also feels that the Village has
not done an adequate study to move forward with the best plan that would accomplish walking safely in
Cayuga Heights.
•R. Nesbitt states that the projects section on the Village website is horrible. Everything should be in one
place such that a reasonable person could look at that and understand the full scope of a project without
searching for it.
•R. Nesbitt states that he is very concerned about the drainage issues that already exist at this location and
adding a sidewalk will only increase the problem.
•The other concern he would like to raise is the truck and car traffic through the Village.
•R. Nesbitt also states that traffic is not limited to cars. The other day there was an 18-wheel truck that
traveled down Kline Rd.
•Mayor Woodard states that trucks that size are not allowed to travel on Village roads.
•B. Cross states that Village roads are not restricted and do not have any limitations.
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•Mayor Woodard states that she will look into what the Village can do to reduce large truck traffic on
Village streets.
•Village Clerk J. Walker states that the normal time allowed for the privilege of the floor is 2 minutes, but
this Board has always made it a point to let Village residents communicate with the Board as much and as
long as they want.
5. Report of Treasurer Dolch: Submitted Report (Exhibit 2023-065)
•Village Treasurer Dolch states that the OSG has finally approved the FYE 2021 AUD.
•Village Treasurer Dolch states that she needs the resolution to move money from contingency into
expense account A1460.200 designated as Record Management Subscriptions
Resolution: 9261
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves the
transfer of $4000 from the Contingency account A1990 to the Record Management Account A1460.200.
Motion: Trustee Marshall
Second: Trustee Rennekamp
Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton
Nays: none
Abstentions: none
Motion Carried
•Village Treasurer Dolch also states that we under-budgeted account G8130.480 WWTP Purchase
Sewer Services and need to fund $22,000 from Sewer Contingency G1990.400 Account.
Resolution: 9262
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves the
transfer of $22,000 from the Sewer Contingency account A1990.400 to the G8130.480 WWTP Purchase
Sewer Services Account.
Motion: Trustee Hubbell
Second: Trustee Biloski
Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton
Nays: none
Abstentions: none
Motion Carried
Approval of Abstract # 4
Resolution: 9263
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves Abstract #4 for
FYE2022-2023 consisting of TA vouchers 24-31 in the amount of $13,787.24 and Consolidated Fund
vouchers 196-280 in the amount of $824,860.90 and the Treasurer is instructed to make payments thereon.
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Motion: Trustee Marshall
Second: Trustee Biloski
Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton
Nays: none
Abstentions: none
Motion Carried
6. Report of Mayor Woodard:
b. Public Hearing on 2213 N. Triphammer Road Property Maintenance Violation:
•Mayor Woodard opens the Public Hearing at 7:43 p.m.
•Mayor Woodard closes the Public Hearing at 7:44 p.m.
•Village Clerk Walker states that now the Board has to acknowledge that the property located at 2213 N.
Triphammer Rd is still in violation and issue a certified letter stating the owner has thirty days to bring the
property back into compliance.
•Attorney R. Marcus states that the Board should determine by resolution that the property is in violation
and has thirty days to remedy the situation. If the thirty days go by, the Village may perform the
remediation.
Resolution: 9264
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees has determined that the
property located at 2213 N. Triphammer Rd. is still in violation as described in the notice and now has thirty
days to remediate the violation if not the Village will follow the procedures in Local Law 2 and perform or
hire out the work to bring the property located at 2213 N. Triphammer Rd. back into compliance.
Motion: Trustee Hubbell
Second: Trustee Marshall
Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, and Robinson
Nays: none
Abstentions: Salton
Motion Carried
•Village Attorney R. Marcus states that for the record that in the event this violation continues then the
Board does not have to repeat the Public Hearing process.
•Trustee Salton states that this is not legal and would like another opinion. Why should a resident be on
double secret probation for the rest of their life?
•Village Attorney R. Marcus states that he did discuss this with NYCOM and they supported the language in
our law.
c. Public Hearing on 325 Highland Rd. Property Maintenance Violation:
•Mayor Woodard opens the Public Hearing at 7:53 p.m.
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•Village Resident M. Defay states that she lives next door to the vacant property. She states that someone
cut the grass because it was out of control. The property looks abandoned and there are maintenance issues
everywhere.
•M. Defay would like clarification on what will happen next to the property and if there will be any exterior
maintenance.
•Village Attorney R. Marcus states that the notice that was issued was for lawn maintenance only.
•Trustee Salton asks if M. Defay knows who came and cut the grass at 325 Highland Rd.
•M. Defay states that one of the neighbors down the street was concerned about the property.
•Mayor Woodard closes the Public Hearing at 7:56 p.m.
•Village Attorney R. Marcus states that if that is the case then the property is no longer in violation.
•Mayor Woodard inquires about the condition of the backyard.
•M. Defay states that the backyard is out of control and has not been touched in the last year and a half.
•Village Attorney R. Marcus that the Village Board can still issue a notice since the work to bring the
property into compliance was not complete.
•Trustee Salton asks if anyone from the Village has inspected the property.
•Director of Public Works M. Wiese states that he has not been on the property.
Resolution: 9265
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees has determined that the
property located at 325 Highland Rd. is still in violation as described in the notice and now has thirty days to
remediate the violation if not the Village will follow the procedures in Local Law 2 and perform or hire out
the work to bring the property located at 325 Highland Rd. back into compliance.
Motion: Trustee Marshall
Second: Trustee Hubbell
Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, and Robinson
Nays: none
Abstentions: Salton
Motion Carried
d. Public Hearing on Proposed Local Law -C of 2022 Sewer Rate: Mayor Woodard states that the
15% rate increase is a significant increase.
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•Mayor Woodard states that part of the increase to the outside municipality is due to their request to build in
the cost for the GHD I & I Study.
•Mayor Woodard opens the Public Hearing at 8:03 p.m.
•Mayor Woodard closes the Public Hearing at 8:03 p.m.
Resolution: 9266
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees adopts Proposed Local Law
C of 2022 as Local Law #3 of 2022 and this is an exempt action under 617.5C section 26 & 33the adoption
of local law in connection with continuing agency administration and management.
A LOCAL LAW TO AMEND THE ANNUAL SEWER RATES, AS DEFINED IN ARTICLE XII,
SEWER RENTS, OF THE VILLAGE OF CAYUGA HEIGHTS ARTICLES
Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows:
Section I. PURPOSE
The purpose of this Local Law is to establish annual sewer rates of $4.00/1000 gallons consumed for inside
users and a rate of $6.00/1000 gallons used for outside users, as defined in articles XII, Sewer Rents, of the
Village of Cayuga Heights Articles.
Section II. AUTHORITY
This Local Law is enacted pursuant to the grant of powers of local governments provided for in (i) Section
10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provisions of
the New York State Constitution or not inconsistent with any general law relating to its property, affairs,
government or other subjects provided for in said Section 10 of the Municipal Home Rule Law, (ii) General
Municipal Law Article 14-F, (iii) General Municipal Law Sections 451 and 452, and (iv) Village Law
Article 14.
Section III. ESTABLISHMENT OF SEWER RATES
As of January 1, 2023, annual sewer rates shall be established at a rate of $4.00/1000 gallons used for
treatment of wastewater originating from properties located within the Village and a rate of $6.00/1000
gallons used for treatment of wastewater originating from properties located outside of the Village.
Section IV. SUPERSEDING EFFECT
All Local Laws, resolutions, rules, regulations, and other enactments of the Village of Cayuga Heights in
conflict with the provisions of this Local Law are hereby superseded to the extent necessary to give this
Local Law full force and effect.
Section V. VALIDITY
The invalidity of any provision of this Local Law shall not affect the validity of any other provision of this
Local Law that can be given effect without such invalid provision.
Section VI. EFFECTIVE DATE
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This Local Law shall be effective immediately upon filing in the office of the New York State Secretary of
State, except that it shall be effective from the date of its service as against a person served with a copy
thereof, certified by the Village Clerk, and showing the date of its passage and entry in the Minutes of the
Village Board of Trustees.
Motion: Trustee Rennekamp
Second: Trustee Marshall
Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton
Nays: none
Abstentions: none
Motion Carried
e. Schedule a Public Hearing on Proposed Local Law D of 2022- Short-term Rentals: This new local
law modifies the short-term rental law of 2018. The permit fee is increasing from $125 to $150 and also
increases the fine structure.
•Mayor Woodard states that the Village has hired a company that will be able to scrub rental sites to find
those residents who are operating short-term rentals without a permit.
•Mayor Woodard states that we will publicize this new information through the Enewsblast, Website,
and the Annual VCH Newsletter.
•Mayor Woodard states that she would like to schedule a Public Hearing for this proposed local law on
October 19, 2022, at 7:05 p.m.
DRAFT
VILLAGE OF CAYUGA HEIGHTS
PROPOSED LOCAL LAW D OF THE YEAR 2022
A LOCAL LAW TO AMEND
THE VILLAGE OF CAYUGA HEIGHTS CODE CHAPTER 305, "ZONING,"
ARTICLE V, “RESIDENCE ZONE,” SECTION 305-17(I), "SHORT-TERM RENTAL"
PROVISIONS
Be it enacted by the Board of Trustees of the Village of Cayuga Heights (the "Village") as follows:
SECTION I PURPOSE AND INTENT
The Village's Board of Trustees has found that use of residences in the Village as short-term rental
units continues to occur, and that in some cases homeowners have failed to comply with the
Village Code's requirements for short-term rentals. Additionally, the Village Board has determined
that the short-term rental registration permit fee should be increased. Further, the Village Board has
determined that the provisions of Section 305-17(I)(5) concerning penalties for violations are
unnecessarily complicated and should be revised and simplified. The purpose of this Local Law is
to modify the text of Village Code Chapter 305, Article V, Section 305-17(I) as stated below.
SECTION II AUTHORITY
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This Local Law is enacted pursuant to the grant of powers to local governments provided in
Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with
the provision of the New York State Constitution and not inconsistent with any general law relating
to its property, affairs, government or other subjects provided for in said Section 10 of the
Municipal home Rule Law.
SECTION III AMENDMENT OF ZONING LAW ARTICLE V, "RESIDENCE
ZONE," SECTION 305-17(I)(3), "SHORT-TERM RENTAL
REGISTRATION PERMIT"
Subsection 305-17(I)(3)(c), of Article V, "Residence Zone," of the Zoning Law, is hereby deleted
in its entirety and replaced with the following:
(c) The registration permit fee is $150.00 per year.
SECTION IV AMENDMENT OF ZONING LAW ARTICLE V, "RESIDENCE
ZONE," SECTION 305-17(I)(5), "PENALTIES"
Subsection 305-17(I)(5), of Article V, "Residence Zone," of the Zoning Law, is hereby deleted in
its entirety and replaced with the following:
(a) The penalty provisions of § 305-113 below shall not apply to any violation of the provisions of
this § 305-17(I), and the following provisions shall apply to any such violation.
(b) If the owner of any residence who uses the residence or any part thereof for short-term rental in
violation of the requirements of this section, whether in violation of registration permit
requirements, in violation of the maximum time limits stated in Subsections (I)(2)(a)-(c) above,
or otherwise, each such violation shall be punishable by a fine of $300.00, and the registration
permit shall be revoked for the current year and may not be renewed for the following year.
(c) Each additional violation, including but not limited to, each additional night rented beyond the
limits stated in Subsections (I)(2)(a)-(c), shall constitute a separate and new violation, and each
new violation shall be punishable by a fine of $300.00.
(d) If an owner uses the residence or any part thereof for short-term rental without having obtained
a registration permit, the owner shall be prohibited from obtaining a short-term rental
registration permit from the Village for the remainder of that calendar year.
(e) In addition to any penalties imposed by this section, an owner found in violation of this section
shall be liable for any costs and reasonable attorney's fees incurred by the Village of Cayuga
Heights related to the enforcement of these provisions against the owner.
(f) All penalties assessed in accordance with this section, including all costs and reasonable
attorney's fees, shall constitute a lien and charge on the real property on which such lien is
levied until paid or otherwise satisfied or discharged and shall be collected in the same manner
and at the same time as other Village charges against such real property.
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SECTION IV SUPERSEDING EFFECT
All Local Laws, Articles, resolutions, rules, regulations and other enactments of the Village of
Cayuga Heights in conflict with the provisions of this Local Law are hereby superseded to the
extent necessary to give this Local Law full force and effect. Without limiting the foregoing, to
any extent that the terms of the Zoning Law of the Village of Cayuga Heights are deemed to be in
conflict with the requirements of this Local Law, the terms of this Local Law shall govern and
control.
SECTION V PARTIAL INVALIDITY.
In the event that any portion of this Local Law is declared invalid by a court of competent
jurisdiction, the validity of the remaining portions shall not be affected by such declaration of
invalidity.
SECTION VI EFFECTIVE DATE.
This Local Law shall be effective as of January 1, 2023.
Resolution: 9267
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees hereby schedules a Public
Hearing to seek comments on Proposed Local Law D of 2022- Short-Term Rentals.
Motion: Trustee Marshall
Second: Trustee Hubbell
Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton
Nays: none
Abstentions: none
Motion Carried
f. RaNic PDZ: The Village Board of Trustees is now tasked with coming up with the Village Zoning
changes for the submitted Planned Development Zone application for the RaNic Golf Club.
•Present via Zoom is the Owner of RaNic Golf Club, Sean Whittaker, and project developers Noah
Demarest and Adam Fishel.
•Trustee Salton states there should not be any site plan discussion for the Board tonight.
•N. Demarest states the Village PDZ consists of seven acres in the Village which will include the hotel
and some of the townhouses.
•Mayor Woodard states that what we see on the map is where we can expect the townhouses to be built.
•N. Demarest states that is correct, the topography and wet areas on this site prevent that from happening.
The only exception would be if in the future the club acquired more properties on Hanshaw Road.
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•Mayor Woodard asks if there will be any issues with setbacks.
•Village Attorney R. Marcus states that if the Board wants to establish a different requirement for a
setback, then that can be a condition of the PDZ. Furthermore, the Village could state that from Pleasant
Grove Road there won't be any development other than for the installation of stormwater facilities.
•Mayor Woodard states that she would like clarification on the number of rooms this hotel will have.
•N. Demarest states that the intent is to build a three-story, thirty-room hotel with a twenty-room
extension then four cabanas or cabins as illustrated at. RaNic - Planning Development Zone - Village Of
Cayuga Heights (Cayuga-heights.ny.us) A fixed number has to be determined as defined in the PDZ law.
•N. Demarest states that they have proposed in the application a building height of no more than thirty-
five feet.
•Trustee Marshall states that it mentions that there will be on-street parking for cars attached to the town
of Ithaca, and he does not see that in this presentation.
•N. Demarest states that the plan has been tweaked a little bit. The form of parking on the Town of Ithaca
side is at a ninety-degree angle next to the road that exits onto Hanshaw Road. They are connected to the
townhouses. In the Village, there is dedicated off-street parking for the townhouses.
•A. Fishel from Marathon Engineering states that there is going to be any traditional on-street parking.
•Trustee Marshall inquires about the SRF Traffic Study results and when will the Board be able to
review those findings.
•N. Demarest will provide that information as soon as possible. The study will also provide advice on the
existing zoning requirements for different uses and establish recommendations on parking counts based
on what we have proposed.
•Trustee Marshall recalls the CMC medical office overflow parking agreement with the former Ithaca
Country Club and if that has any merit with the new owners of RaNic.
•S. Whittaker states that the agreement was never forwarded to him, and he is not aware of any
agreement.
•Village Attorney R. Marcus states that he does not think the Village Planning Board required that
agreement to be recorded or to be binding on future owners of the golf club.
•B. Cross states that he has never needed to enforce that agreement.
•Planning Board Member E. Quaroni states that the current Village Zoning Law would have to be
modified to account for Townhouses.
•B. Cross states that he would like to suggest that townhouses or cluster housing already are allowed
under an NYS statute which the Village would not be able to prohibit.
•B. Cross states that we will need the developers to define the types of cluster housing, One version
would be that the dwellings each include some amount of land, and the other version would be the
condominium-style where none of the dwellings include any land.
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•Village Attorney R. Marcus states that the applicant needs to specify which type of ownership will be
used for the proposed townhouses in this application.
•N. Demarest states that they will need to seek the advise of the counsel to see what the best method is
for them to pursue.
•Village Attorney R. Marcus asks if there will be any component of this project other than the
townhouses that might be subdivided.
•N. Demarest states that there are no plans at this time to do any other subdivisions.
•Trustee Salton states that he would like to know where people will park when there is a large event at
the golf course and what is that number of spaces.
•B. Cross states that everything parking space that is not associated with the townhouses results in 103
parking spaces for quests.
•Trustee Rennekamp asks if the townhouses are limited to one parking spot per unit.
•N. Demarest states that the drawing does not show it but there is one car garage under each townhouse
and each townhouse has two parking spaces.
•Planning Board Member E. Quaroni inquires about whether or not a children's daycare center will be
part of the new plan.
•N. Demarest states that wording was carried over from the Town of Ithaca PDZ language and he wasn’t
sure what was defined as daycare. They will not be providing child daycare at RaNic.
•Mayor Woodard would like to know what the price points of the townhouses are.
•N. Demarest states that is one component that needs to be studied more. The goal is to be in the
$500,000 to $700,000 price range for a two-bedroom 1400-square-foot home.
•Trustee Rennekamp states that she is interested in knowing if the traffic study is taking into
consideration the increase in pedestrian traffic.
•A. Fishel states that is a great point and they will make sure that is included in their traffic study.
•Trustee J. Biloski asks if there has been any discussion about sidewalks that connect directly to Cornell
through the golf course.
•N. Demarest states that they would think that those pedestrians would use the existing sidewalk along
Pleasant Grove Rd.
•In closing B. Cross reminds the Board that there needs to be to be a lead agency for SEQR and the
Town of Ithaca has agreed to become a lead agency.
•N. Demarest states that there will be a back and forth between the two municipalities for several
months. He will submit a SEQR application to the Town of Ithaca after the Village Planning Board
meeting next week.
•Village Attorney R. Marcus states that the Village Board will have to enact the new PDZ law before the
Village Planning Board could accept a site plan for review and subdivision.
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7. Report of The Trustees:
•Trustee Hubbell states that the Cayuga Lake Watershed IO held its meeting at Cayuga Lake State
Park. The group has a lot of challenges ahead of it.
•Trustee Salton states that the Greater Tompkins County Municipal Health insurance consortium
(GTCMHIC) Executive Board met and discussed introducing a Medicare Supplement Plan and
possibly a Medicare Advantage Plan in the future.
•Mayor Woodard states that it will be difficult to get any of our current retirees to switch healthcare
plans but going forward it would be a good idea to change to those plans.
8 . Report of Police Chief Wright: Submitted Report (Exhibit 2023-069)
•Police Chief Wright states that there were several lengthy investigations that resulted in some good arrests
this past month,
•Police Chief Wright states that his overtime hours for this month were very low, only 14 hours.
•In closing Police Chief Wright states the police pickup truck should be completed later next month.
9. Report of Director of DPW Wiese: Submitted Report (Exhibit 2023-070)
•Director Wiese states that the DPW crew has been working on mainly sidewalk gaps this summer. As
stated last month he is having difficulty getting concrete.
•Director Wiese states that there are some water valves that will need to be replaced in the Village next
week.
•Direct Wiese states that Cayuga Heights Road will be re-opened tomorrow.
•Trustee Hubbell ask about how the four ten-hour workdays worked out.
•Director Wiese states that he was very happy with it, this schedule makes it much easier to complete
projects.
10. Report of Village Engineer Cross:
a. Change Order F.P. Kane: The Right-Sizing Culvert Project is complete, and the contract did finish two
other culverts without additional monies.
•B. Cross states that the adjusted work orders submitted by F.P. Kane resulted in a change of $95,426.79
Resolution: 9268
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves
Mayor Woodard to sign the contract change document in the amount of $94,426.79 as presented in Exhibit
2023-071
Motion: Trustee Hubbell
Second: Trustee Biloski
Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton
Nays: none
16
Abstentions: none
Motion Carried
•B. Cross states that F. P. Kane did a great job for the Village and would recommend them again.
b. GHD Dairy One Study: Dairy one provides lab assistance for milk testing. Chemicals used in testing at
the facility corroded the steel sewer lines and this resulted in a sewage leak.
•B. Cross states that NYSDEC was notified of the leak and they in turn notified the Village that Dairy One
needed a formal discharge permit.
•B. Cross states that GHD has provided this service for the Village in the past and tonight GHD has a
proposal for the Mayor to sign as presented in Exhibit 2023-072.
•B. Cross further states that the charges for GHD to do this work will be refunded by Dairy One.
Resolution: 9269
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves
Mayor Woodard to sign the GHD contract for producing an industrial discharge permit for Dairy One as
presented in Exhibit 2023-072
Motion: Trustee Marshall
Second: Trustee Hubbell
Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton
Nays: none
Abstentions: none
Motion Carried
11. Report of Clerk Walker:
•Clerk Walker states for tonight the Board will need to review and make a decision on authorizing
him to enter into discussions with the supply contractor of our natural gas and electricity.
•Clerk Walker states that both Constellation Energy (electric) supplier has stated that this year we will
see double-digit increases, especially in the winter months. The same goes for natural gas through
Direct Energy.
•Clerk Walker states that the Village Finance Committee has reviewed these proposals.
•Clerk Walker states that these two proposals allow the Village to assign certain months as fixed rates
and some at a variable rate.
•Trustee Marshall states that these companies are going to have a long-term fixed rate that at some
point they will make money and they really don't want us to bet against them.
•B. Cross states that the MEGA Consortium has negotiated with multiple possible suppliers on our
17
behalf, and this is the result of the MEGA Consortium providing that information for us.
Resolution: 9270
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves
Village Clerk Walker to negotiate for a four-year contract with Constellation Energy for variable and fixed
pricing provided through the MEGA Consortium.
Motion: Trustee Marshall
Second: Trustee Rennekamp
Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton
Nays: none
Abstentions: none
Motion Carried
Resolution: 9271
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves
Village Clerk Walker to negotiate for a three-year contract with Direct Energy for variable and fixed pricing
provided through the MEGA Consortium.
Motion: Trustee Biloski
Second: Trustee Marshall
Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton
Nays: none
Abstentions: none
Motion Carried
12. Report of Attorney Marcus: No report at this time.
13. Executive Session:
Resolution: 9272
WHEREAS: The NYS Open Meeting Law §105 prescribes matters for which a public body may conduct an
executive session; and,
WHEREAS: Upon a majority vote of its total membership, taken in an open meeting pursuant to a motion
identifying the general area or areas of the subject or subjects to be considered; and,
WHEREAS: The conduct an executive session for these enumerated purposes only, provided, however, that
no action by formal vote shall be taken to appropriate public money:
THEREFORE, BE IT RESOLVED THAT An Executive Session of the Village of Cayuga Heights Board
of Trustees is conducted for the purposes of subsection (F) the medical, financial, credit, or employment
history of a particular person or corporation, or matters leading to the appointment, employment, promotion,
demotion, discipline, suspension, dismissal or removal of a particular person or corporation.
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Motion: Trustee Salton
Second: Trustee Marshall
Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton
Nays: none
Abstentions: none
Motion Carried
Resolution: 9273
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees exits Executive Session
and returns to an open meeting.
Motion: Trustee Salton
Second: Trustee Rennekamp
Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton
Nays: none
Abstentions: none
Motion Carried
14. Adjournment: Mayor Woodard adjourns the meeting at 10:05 p.m.
19
EXHIBIT 2023-075
September 13, 2022
Honorable Linda Woodard
Board of Trustees
Village of Cayuga Heights
Monthly Report September 2022
The pace increased rapidly in September with 61 calls for service. We had 39 calls in the Village
of Cayuga Heights, 18 calls in the Town of Ithaca and 4 mutual aid requests. There were 39 EMS
calls and 22 fire responses. In looking at the run log for the month there were no calls that stood
out as unusual. This was a very busy but routine month with all calls covered by the department.
In October we focused much of our training on vehicle extrication an stabilization leading to our
October trainings that will focus on vehicle fires. Early in the month we did and “anatomy of the
car” training. This was a great refresher for our old members and an introduction to our newer
members. This training went over the hazards of the vehicle when it is involved in incidents. We
went over the proper fire service descriptions of the locations on the vehicle and how to make it as
safe a s possible for us to do our job. Later in the month we went over stabilization and extrication
from the vehicle. We will pull all this together in late September and early October with an
extrication training followed by a car fire training. Throughout the month our probationary
members finished up with their checklists.
In September we held our recruiting information dinner as well as our interviews. As stated in last
month's report I was a little worried about the lack of response for our fall recruit drive because by
mid-September I had not gotten many inquiries for membership. This changed the week before the
information session, and we did end up with 32 applicants for 16 spots in the class. We were able
to cull the list down to 24 interviews. Those who applied for membership but did not get an
interview either lived to far out of our district or were juniors or seniors at Cornell. We do not ever
take seniors and rarely take juniors due to lack of time to complete training and get anything
meaningful from their membership. The fall classes will be October 15/16 and 22nd.
All our summer scheduled maintenance has been done and all our equipment seems to be in good
working order at this time. We are still waiting for the fans to come in to finish the truck bay
electric repair and upgrade project.
We held an appreciation dinner for our members in September at the fire station. We had the meal
catered and did it in the truck bay. It was a wonderful evening for everyone. It was very nice to
finally all be able to gather and enjoy a night of revelry. We did not do any awards as we will save
that recognition for the Installation Dinner in April. This was just an evening to socialize and
unwind.
20
Our members are in good spirits and seem to be happy to be back at the station running calls and
training. It would seem that after so many cycles of training that people would be tired of the
constant continuation of recruiting and checklist work, but our members are always looking
forward to the new classes and eager to continue the training program. We are extremely lucky to
have these dedicated volunteers involved with our organization!
Sincerely,
George Tamborelle
Fire Chief/Fire Superintendent
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EXHIBIT 2023-076
VILLAGE OF CAYUGA HEIGHTS
TREASURER’S REPORT
AUD: The 2022 AUD is nearly complete.
Revenues and Expenses:
September bank to book reconciliation is complete. They have been reviewed and approved by
Trustee and Deputy Treasurer Rennekamp. A copy of the accounting system generated Monthly
Treasurer’s Report is attached.
Budget:
Banking: Our account with NYClass was offering much higher interest rates than Tompkins
Community Bank. The finance team recently discussed moving money into that account to take
advantage of these rates. For comparison, Tompkins was .08% as of September 30 and NYClass
was 2.28%.
Approval of Abstract 5:
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and
approves Abstract #5 for FYE2023 consisting of:
• TA vouchers 32-40 in the amount of $15,184.82 and
• Consolidated Fund vouchers 281-369 in the amount of $1,267,387.02
and the Treasurer is instructed to make payments thereon.
Respectfully Submitted
Laura W. Dolch
Laura W. Dolch
Treasurer
22
23
EXHIBIT 2023-077
DRAFT
VILLAGE OF CAYUGA HEIGHTS
PROPOSED LOCAL LAW D OF THE YEAR 2022
A LOCAL LAW TO AMEND
THE VILLAGE OF CAYUGA HEIGHTS CODE CHAPTER 305, "ZONING,"
ARTICLE V, “RESIDENCE ZONE,” SECTION 305-17(I), "SHORT-TERM RENTAL"
PROVISIONS
Be it enacted by the Board of Trustees of the Village of Cayuga Heights (the "Village") as follows:
SECTION I PURPOSE AND INTENT
The Village's Board of Trustees has found that use of residences in the Village as short-term rental
units continues to occur, and that in some cases homeowners have failed to comply with the
Village Code's requirements for short-term rentals. Additionally, the Village Board has determined
that the short-term rental registration permit fee should be increased. Further, the Village Board has
determined that the provisions of Section 305-17(I)(5) concerning penalties for violations are
unnecessarily complicated and should be revised and simplified. The purpose of this Local Law is
to modify the text of Village Code Chapter 305, Article V, Section 305-17(I) as stated below.
SECTION II AUTHORITY
This Local Law is enacted pursuant to the grant of powers to local governments provided in
Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with
the provision of the New York State Constitution and not inconsistent with any general law relating
to its property, affairs, government or other subjects provided for in said Section 10 of the
Municipal home Rule Law.
SECTION III AMENDMENT OF ZONING LAW ARTICLE V, "RESIDENCE
ZONE," SECTION 305-17(I)(3), "SHORT-TERM RENTAL
REGISTRATION PERMIT"
Subsection 305-17(I)(3)(c), of Article V, "Residence Zone," of the Zoning Law, is hereby deleted
in its entirety and replaced with the following:
(c) The registration permit fee is $150.00 per year.
SECTION IV AMENDMENT OF ZONING LAW ARTICLE V, "RESIDENCE
ZONE," SECTION 305-17(I)(5), "PENALTIES"
Subsection 305-17(I)(5), of Article V, "Residence Zone," of the Zoning Law, is hereby deleted in
its entirety and replaced with the following:
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(g) The penalty provisions of § 305-113 below shall not apply to any violation of the provisions of
this § 305-17(I), and the following provisions shall apply to any such violation.
(h) If the owner of any residence who uses the residence or any part thereof for short-term rental in
violation of the requirements of this section, whether in violation of registration permit
requirements, in violation of the maximum time limits stated in Subsections (I)(2)(a)-(c) above,
or otherwise, each such violation shall be punishable by a fine of $300.00, and, if the owner has
a current registration permit, the registration permit shall be revoked for the current year.
(i) Each additional violation, including but not limited to, each additional night rented beyond the
limits stated in Subsections (I)(2)(a)-(c), shall constitute a separate and new violation, and each
new violation shall be punishable by a fine of $300.00.
(j) If an owner lists, advertises or markets the residence or any part thereof as being available for
short-term rental without having obtained a current registration permit, but the owner has not
yet used the residence for short-term rental, the owner shall be subject to any applicable fines
set forth in this Subsection 305-17(I), however, if the owner delivers payment of such fines to
the Village along with the registration permit application and fee therefor, the owner may
obtain a short-term rental registration permit from the Village for the remainder of that calendar
year.
(k) In addition to any penalties imposed by this section, an owner found in violation of this section
shall be liable for any costs and reasonable attorney's fees incurred by the Village of Cayuga
Heights related to the enforcement of these provisions against the owner.
(l) All penalties assessed in accordance with this section, including all costs and reasonable
attorney's fees, shall constitute a lien and charge on the real property on which such lien is
levied until paid or otherwise satisfied or discharged and shall be collected in the same manner
and at the same time as other Village charges against such real property.
SECTION IV SUPERSEDING EFFECT
All Local Laws, Articles, resolutions, rules, regulations and other enactments of the Village of
Cayuga Heights in conflict with the provisions of this Local Law are hereby superseded to the
extent necessary to give this Local Law full force and effect. Without limiting the foregoing, to
any extent that the terms of the Zoning Law of the Village of Cayuga Heights are deemed to be in
conflict with the requirements of this Local Law, the terms of this Local Law shall govern and
control.
SECTION V PARTIAL INVALIDITY.
In the event that any portion of this Local Law is declared invalid by a court of competent
jurisdiction, the validity of the remaining portions shall not be affected by such declaration of
invalidity.
SECTION VI EFFECTIVE DATE.
This Local Law shall be effective as of January 1, 2023.
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EXHIBIT 2023-078
Village of Cayuga Heights Public Safety Committee
•Mayor Woodard would like to appoint J. Biloski to the Village Public Safety Committee for one
official year (4/2023)
Resolution #
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the appointment of
Jennifer Biloski to the Village Public Safety Committee for one official year. (4/2023)
EXHIBIT 2023-079
Village of Cayuga Heights Human Resources Committee
Mayor Woodard would like to appoint herself to the Human Resources Committee for one official
year. (4/2023)
Resolution #
BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Mayor Woodard to the
Human Resources Committee for one official year. (4/2023)
Mayor Woodard would like to appoint Trustee Biloski as chair of the Human Resources Committee
for one official year. (4/2023)
Resolution #
BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Trustee Biloski as Chair
to the Human Resources Committee for one official year. (4/2023)
Mayor Woodard would like to appoint Trustee Robinson to the Human Resources Committee for
one official year. (4/2023)
Resolution #
BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Trustee Robinson to the
Human Resources Committee for one official year. (4/2023)
Mayor Woodard would like to appoint Village Clerk Walker to the Human Resources Committee
for one official year. (4/2023)
Resolution #
BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Village Clerk Walker to
the Human Resources Committee for one official year. (4/2023)
26
EXHIBIT 2023-080
Village of Cayuga Heights Sunset Park Task Force
Mayor Woodard would like to create a Sunset Park Task Force and appoint the following members.
Mayor Woodard would like to appoint Trustee Marshall as chair of the Sunset Park Task Force.
Resolution #
BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Trustee Marshall as Chair
of the Sunset Park Task Force.
Mayor Woodard would like to appoint Trustee Hubbell to the Sunset Park Task Force.
Resolution #
BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Trustee Hubbell to the
Sunset Park Task Force.
Mayor Woodard would like to appoint Trustee Biloski to the Sunset Park Task Force.
Resolution #
BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Trustee Biloski to the
Sunset Park Task Force.
Mayor Woodard would like to appoint Village Historian Szekely to the Sunset Park Task Force
Resolution #
BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Village Historian Szekely
to the Sunset Park Task Force.
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EXHIBIT 2023-081
Village of Cayuga Heights
Police Department
___________________________________________________
Jerry L. Wright
Chief of Police
10/13/22
To: The Honorable Mayor Woodard
Members of the Board of Trustees
Village of Cayuga Heights
Re: Report of the Police Department for September 2022
In the month of September, the police department received 327 calls for service. In addition to these calls,
60 uniform traffic tickets were issued, and 10 parking violations were cited. A breakdown of the calls for
service is as follows:
There was one D Felony Grand Larceny 3rd arrest made after investigation of a stolen vehicle complaint.
11 Misdemeanor Penal Law Offenses were observed. Three for Criminal Mischief, two for Fraud and six for
Petit Larceny. One incident of Criminal Mischief was reported after a resident observed an unknown person
allegedly rummaging through their recycling bin. The subject was located, and the investigation led to no
charges. Another complaint of criminal mischief was made by an employee of a residential facility having
found a burned piece of clothing on the premises. The employee did not wish for an investigation, just for a
report to be on file. A third report of criminal mischief was made by a residence having a broken second
story window with no explanation of how it could have happened. After an investigation, it was determined
not to be criminal in nature. Two Fraud complaints were reported. One of the incidents involved an
allegation of personal checks being forged and cashed by an unauthorized individual. There is a suspect and
the investigation is on-going. The second complaint of fraud was made by a resident stating they had
received an email from a close friend requesting a gift card with a specific amount be sent to them. After an
investigation, it was determined to be fraudulent and is under investigation. One of the six Larceny incidents
involved a shoplifter being apprehended at a local grocery store, which was out of the village of Cayuga
Heights. The responding officer turned the incident over to the appropriate law enforcement agency. A
second incident of theft was reported involving a stolen bicycle. There are no suspects, and the case has
been closed pending any further information. The remaining four reports of theft were involving unsecured
vehicles being entered unlawfully. In three of the incidents cash was reported missing, however in the last
incident no items were reported as missing. There is a suspect in all of the theft from a motor vehicle cases
and arrest charges have been filed.
Investigation into six Traffic Stops led to seven Vehicle and Traffic Misdemeanor charges:
• One Aggravated Unlicensed Operation of a Motor Vehicle 2 nd
• Four Aggravated Unlicensed Operation of a Motor Vehicle 3 rd
• Two charges of Suspended Registration
There were three Penal Law Violations reported, one for Harassment and one for Trespassing. The
Harassment complaint involved a verbal dispute between two parties. This incident was investigated and
closed with no arrest. One trespass complaint stemmed from an unlocked vehicle being entered on private
28
property. The second reported trespass was for two individuals camping on a trail within the village. The
campers were advised to leave the area and complied.
Four Local Law complaints were received including one for Dog Control and three for Noise. The Dog
Control complaint was made by an individual stating that while they were walking their dog, the dog bit a
passerby. There was an investigation, and the case was closed. One Noise complaint was made involving
loud music coming from the afterschool program. The responding officer observed the music and requested
that the volume be turned down. The subjects complied. A second Noise complaint was reported as a loud
party in the area. The on-duty officer was unable to locate any loud noise in the reported area. The final
Noise complaint was made regarding a barking dog. The responding officer was able to make contact with
the dog's owner and the situation was resolved. No further complaints were made.
2 Motor Vehicle accidents were reported, none involving deer.
There were no other incidents involving deer reported.
In summary 7 people were arrested on the following 8 charges: 1-Grand Larceny 3rd, 1- Aggravated
Unlicensed Operation of a Motor Vehicle 2nd, 4-Aggravated Unlicensed Operation of a Motor Vehicle 3rd
and 2 charges of Suspended Registration.
A total of 8 calls for service were completed under the Tompkins County Mutual Aid Agreement involving
CHPD officers assisting other agencies.
Over the course of the month, Officers took part in the following trainings and/or events: On the 9th Officers
Barr and Langlois conducted a Commercial Vehicle Inspection Detail. On the 10th, Officer Chad Lansing
assisted Kendal at Ithaca with a Walk for Alzheimer’s. On the 15th and 16th Officers Manheim and Langlois
attended an Interview and Interrogation training through the Homer Police Department.
The full-time officers worked a total of 20.5 hours of overtime and the part-time officers worked a total of
203 hours.
Sincerely,
Chief Jerry Wright
29
EXHIBIT 2023-082
Village of Cayuga Heights
Mike Wiese – B.O.T Report
October 19th, 2022
Code Enforcement –
No trainings were attended.
Street -
The culvert right sizing project has had asphalt patch and is waiting to have guide rail
installed in required locations.
Water –
While Bolton Point was doing their required valve inspections, they located two valves that
were leaking. One valve was located at the intersection of Cambridge and Burleigh Drive
and the other was located on North Triphammer Road. Both valves were exposed and
found to have deteriorated bolts which were replaced.
Another valve located on Hanshaw Road was found to be leaking and had the bolts replaced
as well.
A water break was discovered on September 23rd on East Upland Road near Community
Corners. The crew was able to repair the break.
Personnel –
Ralph Newhart sent in a letter informing the Village of his retirement as of October 1st.
Ralph was a 34 Year employee and will retire as a Motor Equipment Operator.
Equipment –
Equipment was placed into a Teitsworth auction in the month of September. All items
brought more than anticipated.
.
30
31
32
EXHIBIT 2023-083
In anticipation of the pending Ranic traffic study by SRF/Passero Associates, I requested to
have Bergmann Associates prepare a peer review of the Ranic study once it is completed. This step will
need to be done in advance of the Town of Ithaca rendering a determination of environmental impact, which
will lead both Town/Village Board to eventually approving the PDZ.
Bergmann has attached a scope of services, an hours estimate and list of assumptions. You will see that the
cost to have them review the entire traffic study is $9,550. This includes reviewing intersections that are
located in the Town of Ithaca. Sue Ritter indicated that the Town would be willing to either reimburse the
Village for a portion of the Bergmann report, or possibly Bergman could bill them for the appropriate
amount. Either way, I have informed Ranic that they will be responsible for reimbursement of this cost to
the Village.
Therefore, we will need a resolution at the Trustee meeting to authorize the Mayor to sign
the Bergmann Associates proposal.
33
34
35
EXHIBIT 2023-084
PROPOSED LOCAL LAW E OF 2022
DRAFT
MODEL LOCAL LAW ESTABLISHING A LOCAL GOVERNMENT CODE ENFORCEMENT
PROGRAM
NOTE 1: This model local law is intended to be used only as a guide. Each local government should work with its
attorney in preparation of a local law that satisfies the minimum standards.
NOTE 2: Under no circumstances should this model local law be adopted “as is.” At a minimum, provisions in bold
italics need to be filled in with the appropriate information (or, in some cases, deleted). In addition:
• Section 4 (“Building Permits”) imposes the requirement that a building permit be obtained before any
work is performed. If a local government wishes to exempt certain categories of work from the building
permit requirement, the local government should use the Alternative 1 versions of subdivisions (a), (b),
and (c) of Section 4, and should include in subdivision (b) only those categories of work that the local
government wishes to exempt from the building permit requirement. (Note that the Alternative 1 version
of Section 4, subdivision (b), lists all of the categories of work that a local government is allowed to
exempt from the building permit requirement – the local government may not exempt any category of
work not listed there.) If a local government does not wish to exempt any category of work from the
building permit requirement, the local government should use the Alternative 2 versions of subdivisions
(a), (b), and (c) of Section 4.
• Section 9 (“Unsafe Buildings, Structures, and Equipment and Conditions of Imminent Danger”) requires
the local government to make reference to another local law that establishes the local government’s
procedures for identifying and addressing unsafe buildings, structures, and equipment and conditions of
imminent danger (Alternative 1) or to draft and insert such provisions in Section 9 (Alternative 2).
• Section 10 (“Operating Permits”) imposes the requirement that an operating permit be obtained for
operating certain buildings and/or conducting certain activities. If a local government wishes to allow
exemptions from the operating permit requirement, the local government should use the Alternative 1
version of subdivision (c) of Section 10. If a local government does not wish to allow exemptions from the
operating permit requirement, the local government should use the Alternative 2 version of subdivision (c)
of Section 10.
36
NOTE 3: The local government’s provisions for identifying and addressing unsafe buildings, structures, and
equipment and conditions of imminent danger, whether in another local law (Section 9, Alternative 1) or in this
local law (Section 9, Alternative 2), must recognize and protect the right of all persons and entities to due process of
law. In particular, but not by way of limitation, provisions authorizing the local government to post, placard, or
condemn any building or structure and/or to remove any owner or occupant or cause any owner or occupant to be
removed from any building or structure should (1) require the local government to first give such notice and
opportunity to be heard (and, if applicable, right to appeal) as may be required under the applicable circumstances
by applicable Federal and/or New York State Constitutional Provisions; (2) provide that in cases of imminent
danger, posting, placarding, and condemning a building or structure and/or removing owners and occupants or
causing owners and occupants to be removed without first providing an opportunity to be heard shall be permitted
but only to the extent consistent with applicable Federal and New York State Constitutional provisions; and (3)
provide that in any case of imminent danger where posting, placarding, and condemning a building or structure
and/or removing owners and occupants or causing owners and occupants to be removed does occur without first
providing an opportunity to be heard, the local government shall afford the affected persons and entities the
opportunity for a post-action hearing to the extent required by applicable Federal and/or New York State
Constitutional provisions. The local government should consult with its own attorney for further information and for
legal advice regarding the applicable Federal and New York State Constitutional provisions and the drafting of
provisions that recognize and protect due process rights.
NOTE 4: With respect to inspections referred to in this model local law, the local government should bear in mind
that in most cases, in the absence of consent from the building owner or other authorized person, the local
government must obtain a warrant or court order before performing the inspection. The local government should
consult with its own attorney for further information and for legal advice regarding the need for a warrant or court
order in any given situation.
NOTE 5: Section 14 (“Climatic and Geographic Design Criteria”) requires the code enforcement official to
determine the climatic and geographic design criteria for buildings and structures constructed within the jurisdiction
as required by the Uniform Code. Please see Technical Bulletin TB-1009-RCNYS entitled “Requirements for
Completing Table R301.2(1) in the 2020 Residential Code of New York State” and note that some values could be
a range depending upon the boundaries of the jurisdiction.
37
Local Law E of 2022 Be it enacted by the Board of Trustees of the Village of Cayuga Heights, in the County of
Tompkins, as follows:
SECTION 1. PURPOSE AND INTENT
This local law provides for the administration and enforcement of the New York State Uniform Fire Prevention and
Building Code (the "Uniform Code") and the State Energy Conservation Construction Code (the "Energy Code") in
the Village. of Cayuga Heights (the "Village"). This local law is adopted pursuant to Section 10 of the Municipal
Home Rule Law.
Except as otherwise provided in the Uniform Code, the Energy Code other state law, or other Section of this local
law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this local
law.
SECTION 2. DEFINITIONS
In this local law, the following terms shall have the meanings shown in this Section:
“Assembly Area” shall mean an area in any building, or in any portion of a building, that is primarily used or
intended to be used for gathering fifty or more persons for uses including, but n ot limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic, political, civic, educational, or religious functions;
food or drink consumption; awaiting transportation; or similar purposes.
“Building Permit” shall mean a building permit, construction permit, demolition permit, or other permit that
authorizes the performance of work. The term “Building Permit” shall also include a Building Permit which is
renewed, amended, or extended pursuant to any provision of this local law.
“Certificate of Compliance” shall mean a document issued by the Village stating that work was done in compliance
with approved construction documents and the Codes.
“Certificate of Occupancy” shall mean a document issued by the Village certifying that the building or structure, or
portion thereof, complies with the approved construction documents that have been submitted to, and approved
by the Village, and indicating that the building or structure, or portion thereof, is in a condition suitable for
occupancy.
“Code Enforcement Officer” shall mean the Code Enforcement Officer appointed pursuant to subdivision (b) of
Section 3 of this local law.
“Code Enforcement Personnel” shall include the Code Enforcement Officer and all Inspectors.
38
“Codes” shall mean the Uniform Code and Energy Code.
“Energy Code” shall mean the New York State Energy Conservation Construction Code adopted pursuant to Article
11 of the Energy Law.
“FCNYS” shall mean the 2020 Fire Code of New York State as currently incorporated by reference in 19 NYCRR
Part 1225.
“Fire Safety and Property Maintenance Inspection” shall mean an inspection performed to determine compliance
with the applicable provisions of 19 NYCRR Part 1225 and the publications incorporated therein by reference and
the applicable provisions of 19 NYCRR Part 1226 and the publications incorporated therein by reference.
“Hazardous Production Materials” shall mean a solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability of Class 3 or 4, as ranked by NFPA 704
(Standard Systems for Identification of the Hazards of Materials for Emergency Response), and which is used
directly in research, laboratory, or production processes which have, as their end product, materials that are not
hazardous.
“Inspector” shall mean an inspector appointed pursuant to subdivision (d) of Section 3 of this local law.
“Mobile Food Preparation Vehicles” shall mean vehicles that contain cooking equipment that produces smoke or
grease-laden vapors for the purpose of preparing and serving food to the public. Vehicles intended for private
recreation shall not be considered mobile food preparation vehicles.
“Operating Permit” shall mean a permit issued pursuant to Section 10 of this local law. The term “Operating
Permit” shall also include an Operating Permit which is renewed, amended, or extended pursuant to any provision
of this local law.
“Order to Remedy” shall mean an order issued by the Code Enforcement Officer pursuant to subdivision (a) of
Section 17 of this local law.
“Permit Holder” shall mean the Person to whom a Building Permit has been issued.
“Person” shall include an individual, corporation, limited liability company, partnership, limited partnership,
business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.
“PMCNYS” shall mean the 2020 Property Maintenance Code of New York State as currently incorporated by
reference in 19 NYCRR Part 1226.
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“RCNYS” shall mean the 2020 Residential Code of New York State as currently incorporated by reference in 19
NYCRR Part 1220.
“Repair” shall mean the reconstruction, replacement, or renewal of any part of an existing building for the purpose
of its maintenance or to correct damage.
“Stop Work Order” shall mean an order issued pursuant to Section 6 of this local law.
“Sugarhouse” shall mean a building used, in whole or in part, for the collection, storage, or processing of maple sap
into maple syrup and/or maple sugar.
“Temporary Certificate of Occupancy” shall mean a certificate issued pursuant to subdivision (d) of Section 7 of this
local law.
“Uniform Code” shall mean the New York State Uniform Fire Prevention and Building Code, Subchapter A of
Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant to Article 18 of the Executive Law.
“Village” shall mean the Village of Cayuga Heights
SECTION 3. CODE ENFORCEMENT OFFICER AND INSPECTORS
(a) The Office of Code Enforcement Officer is hereby created. The Code Enforcement Officer shall administer and
enforce all the provisions of the Uniform Code, the Energy Code, and this local law. The Code Enforcement
Officer shall have the following powers and duties:
(1) to receive, review, and approve or disapprove applications for Building Permits, Certificates of Occupancy,
Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits, and the plans,
specifications, and construction documents submitted with such applications;
(2) upon approval of such applications, to issue Building Permits, Certificates of Occupancy, Certificates of
Compliance, Temporary Certificates of Occupancy, and Operating Permits, and to include terms and conditions as
the Code Enforcement Officer may determine to be appropriate in Building Permits, Certificates of Occupancy,
Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits;
(3) to conduct construction inspections; inspections to be made prior to the issuance of Certificates of Occupancy,
Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits; fire safety and property
maintenance inspections; inspections incidental to the investigation of complaints; and all other inspections
required or permitted under any provision of this local law;
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(4) to issue Stop Work Orders;
(5) to review and investigate complaints;
(6) to issue orders pursuant to subdivision (a) of Section 17 (Violations) of this local law;
(7) to maintain records;
(8) to collect fees as set by the Board of Trustees of this Village;
(9) to pursue administrative enforcement actions and proceedings;
(10) in consultation with this Village’s attorney, to pursue such legal actions and proceedings as may be
necessary to enforce the Uniform Code, the Energy Code, and this local law, or to abate or correct conditions not in
compliance with the Uniform Code, the Energy Code, or this local law; and
(11) to exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this
local law.
(b) The Code Enforcement Officer shall be appointed by the Board of Trustees. The Code Enforcement Officer shall
possess background experience related to building construction or fire prevention and shall, within the time
prescribed by law, obtain such basic training, in-service training, advanced in-service training, and other training as
the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall
obtain certification from the Department of State pursuant to the Executive Law and the regulations promulgated
thereunder.
(c) In the event that the Code Enforcement Officer is unable to serve as such for any reason, another individual shall
be appointed by the Board of Trustees to serve as Acting Code Enforcement Officer. The Acting Code
Enforcement Officer shall, during the term of their appointment, exercise all powers and fulfill all duties conferred
upon the Code Enforcement Officer by this local law.
(d) One or more Inspectors may be appointed by Board of Trustees to act under the supervision and direction of the
Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment
of the duties conferred upon the Code Enforcement Officer by this local law. Each Inspector shall, within the time
prescribed by law, obtain such basic training, in-service training, advanced in-service training, and other training as
the State of New York shall require for code enforcement personnel, and each Inspector shall obtain certification
from the Department of State pursuant to the Executive Law and the regulations promulgated thereunder.
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(e) The compensation for the Code Enforcement Officer and Inspectors shall be fixed from time to time by the Board
of Trustees of this Village.
SECTION 4. BUILDING PERMITS.
(a) Building Permits Required. Except as otherwise provided in subdivision (b) of this Section, a Building Permit shall
be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not
limited to, the construction, enlargement, alteration, improvement, removal, relocation, or demolition of any
building or structure or any portion thereof, and the installation of a solid fuel burning heating appliance, chimney,
or flue in any dwelling unit. No Person shall commence any work for which a Building Permit is required without
first having obtained a Building Permit from the Village.
(b) Exemptions. No Building Permit shall be required for work in any of the following categories:
(1) construction or installation of one-story detached structures associated with one- or two-family dwellings or
multiple single-family dwellings (townhouses), which are used for tool and storage sheds, playhouses, or similar
uses, provided the gross floor area does not exceed 144 square feet, provided that such construction or installation
is performed in accordance with the applicable terms of Chapter 305, "Zoning," Sections 305-5 and, respectively,
Sections 305-17(L) and 305-17(G);
(2) construction of temporary sets and scenery associated with motion picture, television, and theater uses;
(3) installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-
family dwellings (townhouses);
(4) installation of partitions or movable cases less than 5'-9" in height;
(5) painting, wallpapering, tiling, carpeting, or other similar finish work;
(6) installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(7) replacement of any equipment provided the replacement does not alter the equipment’s listing or render it
inconsistent with the equipment’s original specifications; or
(8) repairs, provided that the work does not have an impact on fire and life safety, such as (i) any part of the structural
system; (ii) the required means of egress; or (iii) the fire protection system or the removal from service of any part
of the fire protection system for any period of time.
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(c) Exemption not deemed authorization to perform non-compliant work. The exemption from the requirement to
obtain a building permit for work in any category set forth in subdivision (b) of this Section shall not be deemed an
authorization for work to be performed in violation of the Uniform Code or the Energy Code.
(d) Applications for Building Permits. Applications for a Building Permit shall be made in writing on a form provided
by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the
property where the work is to be performed or an authorized agent of the owner. The application shall include such
information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement
Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy
Code. The application shall include or be accompanied by the following information and documentation:
(1) a description of the location, nature, extent, and scope of the proposed work;
(2) the tax map number and the street address of any affected building or structure;
(3) the occupancy classification of any affected building or structure;
(4) where applicable, a statement of special inspections prepared in accordance with the provisions of the
Uniform Code; and
(5) at least 2 sets of construction documents (drawings and/or specifications) which (i) describe the location,
nature, extent, and scope of the proposed work; (ii) show that the proposed work will conform to the
applicable provisions of the Codes; (iii) show the location, construction, size, and character of all portions of
the means of egress; (iv) show a representation of the building thermal envelope; (v) show structural
information including but not limited to braced wall designs, the size, section, and relative locations of
structural members, design loads, and other pertinent structural information; (vi) show the proposed structural,
electrical, plumbing, mechanical, fire-protection, and other service systems of the building; (vii) include a
written statement indicating compliance with the Energy Code; (viii) include a site plan, drawn to scale and
drawn in accordance with an accurate boundary survey, showing the size and location of new construction and
existing structures and appurtenances on the site, distances from lot lines, the established street grades and the
proposed finished grades, and, as applicable, flood hazard areas, floodways, and design flood elevations; and
(ix) evidence that the documents were prepared by a licensed and registered architect in accordance with
Article 147 of the New York State Education Law or a licensed and registered professional engineer in
accordance with Article 145 of the New York State Education Law and practice guidelines, including but not
limited to the design professional’s seal which clearly and legibly shows both the design professional’s name
and license number and is signed by the design professional whose name appears on the seal in such a manner
that neither the name nor the number is obscured in any way, the design professional’s registration expiration
date, the design professional’s firm name (if not a sole practitioner), and, if the documents are submitted by a
professional engineering firm and not a sole practitioner professional engineer, the firm’s Certificate of
Authorization number.
(b) Construction documents. Construction documents will not be accepted as part of an application for a Building
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Permit unless they satisfy the requirements set forth in paragraph (5) of subdivision (d) of this Section.
Construction documents which are accepted as part of the application for a Building Permit shall be marked as
accepted by the Code Enforcement Officer in writing or by stamp, or in the case of electronic media, an electronic
marking. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and
one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to
be available for use by the Code Enforcement Personnel. However, the return of a set of accepted construction
documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a
Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued.
(c) Issuance of Building Permits. An application for a Building Permit shall be examined to ascertain whether the
proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The
Code Enforcement Officer shall issue a Building Permit if the proposed work is in compliance with the applicable
requirements of the Uniform Code and Energy Code.
(d) Building Permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain
visible until the authorized work has been completed.
(e) Work to be in accordance with construction documents. All work shall be performed in accordance with the
construction documents which were submitted with and accepted as part of the application for the Building Permit.
The Building Permit shall contain such a directive. The Permit Holder shall immediately notify the Code
Enforcement Officer of any change occurring during the course of the work. The Building Permit shall contain
such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended
Building Permit, such change shall not be made until and unless a new or amended Building Permit reflecting such
change is issued.
(f) Time limits. Building Permits shall become invalid unless the authorized work is commenced within 6 months
following the date of issuance. Building Permits shall expire 12 months after the date of issuance. A Building
Permit which has become invalid or which has expired pursuant to this subdivision may be renewed upon
application by the Permit Holder, payment of the applicable fee, and approval of the application by the Code
Enforcement Officer.
(g) Revocation or suspension of Building Permits. If the Code Enforcement Officer determines that a Building Permit
was issued in error because of incorrect, inaccurate, or incomplete information, or that the work for which a
Building Permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall
revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that
(1) all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy
Code and (2) all work then proposed to be performed shall be in compliance with all applicable provisions of the
Uniform Code and the Energy Code.
(h) Fee. The fee specified in or determined in accordance with the provisions set forth in Section 18 (Fees) of this local
law must be paid at the time of submission of an application for a Building Permit, for an amended Building
Permit, or for renewal of a Building Permit.
SECTION 5. CONSTRUCTION INSPECTIONS.
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(a) Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted
by the Code Enforcement Officer or by an Inspector authorized by the Code Enforcement Officer. The Permit
Holder shall notify the Code Enforcement Officer when any element of work described in subdivision (b) of this
Section is ready for inspection.
(b) Elements of work to be inspected. The following elements of the construction process shall be inspected, where
applicable:
(1) work site prior to the issuance of a Building Permit;
(2) footing and foundation;
(3) preparation for concrete slab;
(4) framing;
(5) structural, electrical, plumbing, mechanical, fire-protection, and other similar service systems of the building;
(6) fire resistant construction;
(7) fire resistant penetrations;
(8) solid fuel burning heating appliances, chimneys, flues, or gas vents;
(9) inspections required to demonstrate Energy Code compliance, including but not limited to insulation,
fenestration, air leakage, system controls, mechanical equipment size, and, where required, minimum fan
efficiencies, programmable thermostats, energy recovery, whole-house ventilation, plumbing heat traps, and
high-performance lighting and controls;
(10) installation, connection, and assembly of factor manufactured buildings and manufactured homes; and
(11) a final inspection after all work authorized by the Building Permit has been completed.
(c) Remote inspections. At the discretion of the Code Enforcement Officer or Inspector authorized to perform
construction inspections, a remote inspection may be performed in lieu of an in-person inspection when, in the
opinion of the Code Enforcement Officer or such authorized Inspector, the remote inspection can be performed to
45
the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the
Code Enforcement Officer or by such authorized Inspector that the elements of the construction process conform
with the applicable requirements of the Uniform Code and Energy Code. Should a remote inspection not afford the
Code Enforcement Officer or such authorized Inspector sufficient information to make a determination, an in -
person inspection shall be performed.
(d) Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the
Permit Holder shall be notified as to the manner in which the work fails to comply with the Uniform Code or
Energy Code, including a citation to the specific code provision or provisions that have not been met. Work not in
compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such
work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy
Code, reinspected, and found satisfactory as completed.
(e) Fee. The fee specified in or determined in accordance with the provisions set forth in Section 18 (Fees) of this local
law must be paid prior to or at the time of each inspection performed pursuant to this Section.
SECTION 6. STOP WORK ORDERS.
(a) Authority to issue. The Code Enforcement Officer is authorized to issue Stop Work Orders pursuant to this
Section. The Code Enforcement Officer shall issue a Stop Work Order to halt:
(1) any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the
Uniform Code or Energy Code, without regard to whether such work is or is not work for which a Building Permit
is required, and without regard to whether a Building Permit has or has not been issued for such work, or
(2) any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer,
without regard to whether such work is or is not work for which a Building Permit is required, and without regard
to whether a Building Permit has or has not been issued for such work, or
(3) any work for which a Building Permit is required which is being performed without the required Building Permit,
or under a Building Permit that has become invalid, has expired, or has been suspended or revoked.
(b) Content of Stop Work Orders. Stop Work Orders shall (1) be in writing, (2) be dated and signed by the Code
Enforcement Officer, (3) state the reason or reasons for issuance, and (4) if applicable, state the conditions which
must be satisfied before work will be permitted to resume.
(c) Service of Stop Work Orders. The Code Enforcement Officer shall cause the Stop Work Order, or a copy thereof,
to be served on the owner of the affected property (and, if the owner is not the Permit Holder, on the Permit
46
Holder) personally or by registered/certified mail. The Code Enforcement Officer shall be permitted, but not
required, to cause the Stop Work Order, or a copy thereof, to be served on any builder, architect, tenant,
contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting
in work affected by the Stop Work Order, personally or by registered/certified mail; provided, however, that failure
to serve any Person mentioned in this sentence shall not affect the efficacy of the Stop Work Order.
(d) Effect of Stop Work Order. Upon the issuance of a Stop Work Order, the owner of the affected property, the
Permit Holder, and any other Person performing, taking part in, or assisting in the work shall immediately cease all
work which is the subject of the Stop Work Order, other than work expressly authorized by the Code Enforcement
Officer to correct the reason for issuing the Stop Work Order.
(e) Remedy not exclusive. The issuance of a Stop Work Order shall not be the exclusive remedy available to address
any event described in subdivision (a) of this Section, and the authority to issue a Stop Work Order shall be in
addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose
any other penalty under Section 17 (Violations) of this local law or under any other applicable local law or State
law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the
issuance of a Stop Work Order.
SECTION 7. CERTIFICATES OF OCCUPANCY AND CERTIFICATES OF COMPLIANCE
(a) Certificates of Occupancy and Certificates of Compliance required. A Certificate of Occupancy or Certificate of
Compliance shall be required for any work which is the subject of a Building Permit and for all structures,
buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to
another. Permission to use or occupy a building or structure, or portion thereof, for which a Building Permit was
previously issued shall be granted only by issuance of a Certificate of Occupancy or Certificate of Compliance.
(b) Issuance of Certificates of Occupancy and Certificates of Compliance. The Code Enforcement Officer shall issue a
Certificate of Occupancy or Certificate of Compliance if the work which was the subject of the Building Permit
was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if
applicable, that the structure, building or portion thereof that was converted from one use or occupancy
classification or subclassification to another complies with all applicable provisions of the Uniform Code and
Energy Code. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall
inspect the building, structure, or work prior to the issuance of a Certificate of Occupancy or Certificate of
Compliance. In addition, where applicable, the following documents, prepared in accordance with the provisions
of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Code
Enforcement Officer, at the expense of the applicant for the Certificate of Occupancy or Certificate of Compliance,
shall be provided to the Code Enforcement Officer prior to the issuance of the Certificate of Occupancy or
Certificate of Compliance:
(1) a written statement of structural observations and/or a final report of special inspections,
(2) flood hazard certifications,
47
(3) a written statement of the results of tests performed to show compliance with the Energy Code, and
(4) where applicable, the affixation of the appropriate seals, insignias, and manufacturer’s data plates as required for
factory manufactured buildings and/or manufactured homes.
(c) Contents of Certificates of Occupancy and Certificates of Compliance. A Certificate of Occupancy or Certificate
of Compliance shall contain the following information:
(1) the Building Permit number, if any;
(2) the date of issuance of the Building Permit, if any;
(3) the name (if any), address and tax map number of the property;
(4) if the Certificate of Occupancy or Certificate of Compliance is not applicable to an entire structure, a description of
that portion of the structure for which the Certificate of Occupancy or Certificate of Compliance is issued;
(5) the use and occupancy classification of the structure;
(6) the type of construction of the structure;
(7) the occupant load of the assembly areas in the structure, if any;
(8) any special conditions imposed in connection with the issuance of the Building Permit; and
(9) the signature of the Code Enforcement Officer issuing the Certificate of Occupancy or Certificate of Compliance
and the date of issuance.
(d) Temporary Certificate of Occupancy. The Code Enforcement Officer shall be permitted to issue a Temporary
Certificate of Occupancy allowing the temporary occupancy of a building or structure, or a portion thereof, prior to
completion of the work which is the subject of a Building Permit. However, in no event shall the Code
Enforcement Officer issue a Temporary Certificate of Occupancy unless the Code Enforcement Officer determines
(1) that the building or structure, or the portion thereof covered by the Temporary Certificate of Occupancy, may
be occupied safely, (2) that any required fire and life safety components, such as fire protection equipment and fire,
smoke, carbon monoxide, and heat detectors and alarms are installed and operational, and (3) that all required
means of egress from the structure have been provided. The Code Enforcement Officer may include in a
Temporary Certificate of Occupancy such terms and conditions as he or she deems necessary or appropriate to
ensure the health and safety of the persons occupying and using the building or structure and/or performing further
48
construction work in the building or structure. A Temporary Certificate of Occupancy shall be effective for a
period of time, not to exceed 6 months, which shall be determined by the Code Enforcement Officer and specified
in the Temporary Certificate of Occupancy. During the specified period of effectiveness of the Temporary
Certificate of Occupancy, the Permit Holder shall undertake to bring the building or structure into full compliance
with all applicable provisions of the Uniform Code and the Energy Code.
(e) Revocation or suspension of certificates. If the Code Enforcement Officer determines that a Certificate of
Occupancy, Certification of Compliance, or a Temporary Certificate of Occupancy was issued in error or on the
basis of incorrect information, and if the relevant deficiencies are not corrected to the satisfaction of the Code
Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code
Enforcement Officer shall revoke or suspend such certificate.
(f) Fee. The fee specified in or determined in accordance with the provisions set forth in Section 18 (Fees) of this local
law must be paid at the time of submission of an application for a Certificate of Occupancy, Certificate of
Compliance, or for Temporary Certificate of Occupancy.
SECTION 8. NOTIFICATION REGARDING FIRE OR EXPLOSION.
The chief of any fire department providing firefighting services for a property within this
Village shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural
damage, fuel burning appliance, chimney, or gas vent.
SECTION 9. UNSAFE BUILDINGS, STRUCTURES, AND EQUIPMENT AND CONDITIONS OF
IMMINENT DANGER
[General Codes will insert here the text of existing Village Code Section 108-9].
SECTION 10. OPERATING PERMITS.
(a) Operation Permits required. Operating Permits shall be required for conducting any process or activity or for
operating any type of building, structure, or facility listed below:
(1) manufacturing, storing, or handling hazardous materials in quantities exceeding those listed in the applicable
Maximum Allowable Quantity tables found in Chapter 50 of the FCNYS;
(2) buildings, structures, facilities, processes, and/or activities that are within the scope and/or permit requirements of
the chapter or section title of the FCNYS as follows:
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(i) Chapter 22, “Combustible Dust-Producing Operations.” Facilities where the operation produces combustible
dust;
(ii) Chapter 24, “Flammable Finishes.” Operations utilizing flammable or combustible liquids, or the application of
combustible powders regulated by Chapter 24 of the FCNYS;
(iii) Chapter 25, “Fruit and Crop Ripening.” Operating a fruit - or crop-ripening facility or conducting a fruit-
ripening process using ethylene gas;
(iv) Chapter 26, “Fumigation and Insecticidal Fogging.” Conducting fumigation or insecticidal fogging
operations in buildings, structures, and spaces, except for fumigation or insecticidal fogging performed by the
occupant of a detached one-family dwelling;
(v) Chapter 31, “Tents, Temporary Special Event Structures, and Other Membrane Structures.” Operating an air-
supported temporary membrane structure, a temporary special event structure, or a tent where approval is
required pursuant to Chapter 31 of the FCNYS;
(vi) Chapter 32, “High-Piled Combustible Storage.” High-piled combustible storage facilities with more than
500 square feet (including aisles) of high-piled storage;
(vii) Chapter 34, “Tire Rebuilding and Tire Storage.” Operating a facility that stores in excess of 2,500 cubic
feet of scrap tires or tire byproducts or operating a tire rebuilding plant;
(viii) Chapter 35, “Welding and Other Hot Work.” Performing public exhibitions and demonstrations where hot
work is conducted, use of hot work, welding, or cutting equipment, inside or on a structure, except an operating
permit is not required where work is conducted under the authorization of a building permit or where performed
by the occupant of a detached one- or two-family dwelling;
(ix) Chapter 40, “Sugarhouse Alternative Activity Provisions.” Conducting an alternative activity at a
sugarhouse;
(x) Chapter 56, “Explosives and Fireworks.” Possessing, manufacturing, storing, handling, selling, or using,
explosives, fireworks, or other pyrotechnic special effects materials except the outdoor use of sparkling devices
as defined by Penal Law Section 270;
(xi) Section 307, “Open Burning, Recreational Fires and Portable Outdoor Fireplaces.” Conducting open
burning, not including recreational fires and portable outdoor fireplaces;
(xii) Section 308, “Open Flames.” Removing paint with a torch, or using open flames, fire, and burning in
connection with assembly areas or educational occupancies; and
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(3) energy storage systems, where the system exceeds the values shown in Table 1206.1 of the FCNYS or exceeds the
permitted aggregate ratings in Section R327.5 of the RCNYS.
(4) buildings containing one or more assembly areas;
(5) outdoor events where the planned attendance exceeds 1,000 persons;
(6) facilities that store, handle or use Hazardous Production Materials;
(7) parking garages as defined in subdivision (a) of Section 13 of this local law;
(8) buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as
determined by resolution adopted by the Board of Trustee of this Village; and
(9) other processes or activities or for operating any type of building, structure, or facility as determined by resolution
adopted by the Board of Trustees of this Village. Any person who proposes to undertake any activity or to operate
any type of building listed in this subdivision (a) shall be required to obtain an Operating Permit prior to
commencing such activity or operation.
(b) Applications for Operating Permits. An application for an Operating Permit shall be in writing on a form provided
by or otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as
the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that
quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code Enforcement
Officer determines that tests or reports are necessary to verify conformance, such tests or reports shall be
performed or provided by such person or persons as may be designated by or otherwise acceptable to the Code
Enforcement Officer, at the expense of the applicant.
(c) Exemptions. Operating permits shall not be required for processes or activities, or the buildings, structures, or
facilities listed in paragraphs (1) through (7) of subdivision
(a) of this Section, provided that the use is expressly authorized by a certificate of occupancy or certificate of
compliance, fire safety and property maintenance inspections are performed in accordance with Section 11 (Fire
Safety and Property Maintenance Inspections) of this local law, and condition assessments are performed in
compliance with Section 13 (Condition Assessments of Parking Garages) of this local law, as applicable.]
(d) Inspections. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall
inspect the subject premises prior to the issuance of an Operating Permit. Such inspections shall be performed
either in-person or remotely. Remote inspections in lieu of in-person inspections may be performed when, at the
discretion of the Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer, the
remote inspection can be performed to the same level and quality as an in-person inspection and the remote
51
inspection shows to the satisfaction of the Code Enforcement Officer or Inspector authorized by the Code
Enforcement Officer that the premises conform with the applicable requirements of the Uniform Code and the
code enforcement program. Should a remote inspection not afford the Village sufficient information to make a
determination, an in-person inspection shall be performed. After inspection, the premises shall be noted as
satisfactory and the operating permit shall be issued, or the operating permit holder shall be notified as to the
manner in which the premises fail to comply with either or both of the Uniform Code and the code enforcement
program, including a citation to the specific provision or provisions that have not been met.
(e) Multiple Activities. In any circumstance in which more than one activity listed in subdivision (a) of this section is
to be conducted at a location, the Code Enforcement Officer may require a separate Operating Permit for each such
activity, or the Code Enforcement Officer may, in their discretion, issue a single Operating Permit to apply to all
such activities.
(f) Duration of Operating Permits. Operating permits shall be issued for a specified period of time consistent with
local conditions, but in no event to exceed as follows:
(1) 180 days for tents, special event structures, and other membrane structures;
(2) 60 days for alternative activities at a Sugarhouse;
(3) 3 years for the activities, structures, and operations determined per paragraph (9) of subdivision (a) of thisSsection,
and
(4) 1 year for all other activities, structures, and operations identified in subdivision (a) of this Section.
The effective period of each Operating Permit shall be specified in the Operating Permit. An Operating Permit may
be reissued or renewed upon application to the Code Enforcement Officer, payment of the applicable fee, and
approval of such application by the Code Enforcement Officer.
(d) Revocation or suspension of Operating Permits. If the Code Enforcement Officer determines that any activity
or building for which an Operating Permit was issued does not comply with any applicable provision of the
Uniform Code, such Operating Permit shall be revoked or suspended.
(g) Fee. The fee specified in or determined in accordance with the provisions set forth in Section 18 (Fees) of this local
law must be paid at the time submission of an application for an Operating Permit, for an amended Operating
Permit, or for reissue or renewal of an Operating Permit.
SECTION 11. FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS
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(a) Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be
performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at the
following intervals:
(1) at least once every 12 months for buildings which contain an assembly area;
(2) at least once every 12 months for public and private schools and colleges, including any buildings of such
schools or colleges containing classrooms, dormitories, fraternities, sororities, laboratories, physical education,
dining, or recreational facilities; and
(3) at least once every 24 months for multiple dwellings (even numbered years) and all nonresidential
occupancies (odd numbered years).
(b) Remote inspections. At the discretion of the Code Enforcement Officer or Inspector authorized to perform fire
safety and property maintenance inspections, a remote inspection may be performed in lieu of in-person
inspections when, in the opinion of the Code Enforcement Officer or such authorized Inspector, the remote
inspection can be performed to the same level and quality as an in-person inspection and the remote inspection
shows to the satisfaction of the Code Enforcement Officer or such authorized Inspector that the premises conform
with the applicable provisions of 19 NYCRR Part 1225 and the publications incorporated therein by reference and
the applicable provisions of 19 NYCRR Part 1226 and the publications incorporated therein by reference. Should a
remote inspection not afford the Code Enforcement Officer or such authorized Inspector sufficient information to
make a determination, an in-person inspection shall be performed.
(c) Inspections permitted. In addition to the inspections required by subdivision (a) of this Section, a fire safety and
property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be
performed by the Code Enforcement Officer or an Inspector authorized to perform fire safety and property
maintenance inspections at any time upon:
(1) the request of the owner of the property to be inspected or an authorized agent of such owner;
(2) receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to
comply with the Uniform Code or Energy Code exist; or
(3) receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement
Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with
the Uniform Code or Energy Code exist;
provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any
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circumstances under which a court order or warrant permitting such inspection is required, unless such court order
or warrant shall have been obtained.
(d) OFPC Inspections. Nothing in this Section or in any other provision of this local law shall supersede, limit, or
impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control
(“OFPC”) and the New York State Fire Administrator or other authorized entity under Executive Law section 156-
e and Education Law section 807-b.
Notwithstanding any other provision of this section to the contrary, the Code Enforcement Officer may accept an
inspection performed by the Office of Fire Prevention and Control or other authorized entity pursuant to sections
807-a and 807-b of the Education Law and/or section 156-e of the Executive Law, in lieu of a fire safety and
property maintenance inspection performed by the Code Enforcement Officer or by an Inspector, provided that:
(1) the Code Enforcement Officer is satisfied that the individual performing such inspection satisfies the requirements
set forth in 19 NYCRR section 1203.2(e);
(2) the Code Enforcement Officer is satisfied that such inspection covers all elements required to be covered by a fire
safety and property maintenance inspection;
(3) such inspections are performed no less frequently than once a year;
(4) a true and complete copy of the report of each such inspection is provided to the Code Enforcement Officer; and
(5) upon receipt of each such report, the Code Enforcement Officer takes the appropriate action prescribed by Section
17 (Violations) of this local law.]
(e) Fee. The fee specified in or determined in accordance with the provisions set forth in Section 18 (Fees) of this local
law must be paid prior to or at the time each inspection performed pursuant to this Section. This subdivision shall
not apply to inspections performed by OFPC.
SECTION 12. COMPLAINTS
The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of
conditions or activities that fail to comply with the Uniform Code, the Energy Code, this local law, or any other
local law/ordinance or regulation adopted for administration and enforcement of the Uniform Code or the Energy
Code.
The process for responding to a complaint shall include such of the following steps as the Code Enforcement
Officer may deem to be appropriate:
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(a) performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results
of such inspection;
(b) if a violation is found to exist, providing the owner of the affected property and any other Person who may be
responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or
otherwise proceeding in the manner described in Section 17 (Violations) of this local law;
(c) if appropriate, issuing a Stop Work Order;
(d) if a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation
has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing
such report with the complaint.
SECTION 13. CONDITION ASSESSMENTS OF PARKING GARAGES.
(a) Definitions. For the purposes of this section:
(1) the term “condition assessment” means an on-site inspection and evaluation of a parking garage for evidence of
deterioration of any structural element or building component of such parking garage, evidence of the existence of
any unsafe condition in such parking garage, and evidence indicating that such parking garage is an unsafe
structure;
(2) the term “deterioration” means the weakening, disintegration, corrosion, rust, or decay of any structural element or
building component, or any other loss of effectiveness of a structural element or building component;
(3) the term “parking garage” means any building or structure, or part thereof, in which all or any part of any structural
level or levels is used for parking or storage of motor vehicles, excluding:
(i) buildings in which the only level used for parking or storage of motor vehicles is on grade;
(ii) an attached or accessory structure providing parking exclusively for a detached one- or two-family
dwelling; and
(iii) a townhouse unit with attached parking exclusively for such unit;
(4) the term “professional engineer” means an individual who is licensed or otherwise authorized under Article 145 of
the Education Law to practice the profession of engineering in the State of New York and who has at least three
years of experience performing structural evaluations;
(5) the term “responsible professional engineer” means the professional engineer who performs a condition
assessment, or under whose supervision a condition assessment is performed, and who seals and signs the
condition assessment report. The use of the term “responsible professional engineer” shall not be construed as
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limiting the professional responsibility or liability of any professional engineer, or of any other licensed
professional, who participates in the preparation of a condition assessment without being the responsible
professional engineer for such condition assessment.
(6) the term “unsafe condition” includes the conditions identified as “unsafe” in Section 304.1.1, Section 305.1.1, and
Section 306.1.1 of the PMCNYS; and
(7) the term “unsafe structure” means a structure that is so damaged, decayed, dilapidated, or structurally unsafe, or is
of such faulty construction or unstable foundation, that partial or complete collapse is possible.
(b) Condition Assessments – general requirements. The owner operator of each parking garage shall cause such
parking garage to undergo an initial condition assessment as described in subdivision (c) of this Section,
periodic condition assessments as described in subdivision (d) of this Section, and such additional condition
assessments as may be required under subdivision (e) of this Section. Each condition assessment shall be
conducted by or under the direct supervision of a professional engineer. A written report of each condition
assessment shall be prepared, and provided to the Village, in accordance with the requirements of subdivision
(f) of this Section. Before performing a condition assessment (other than the initial condi tion assessment) of a
parking garage, the responsible professional engineer for such condition assessment shall review all available
previous condition assessment reports for such parking garage.
(c) Initial Condition Assessment. Each parking garage shall undergo an initial condition assessment as follows:
(1) Parking garages constructed on or after August 29, 2018, shall undergo an initial condition assessment following
construction and prior to a certificate of occupancy or certificate of compliance being issued for the structure.
(2) Parking garages constructed prior to August 29, 2018, shall undergo an initial condition assessment as follows:
(i) if originally constructed prior to January 1, 1984, then prior to October 1, 2019;
(ii) if originally constructed between January 1, 1984 and December 31, 2002, then prior to October 1,
2020; and
(iii) if originally constructed between January 1, 2003 and August 28, 2018, then prior to October 1, 2021.
(d) Periodic Condition Assessments. Following the initial condition assessment of a parking garage, such parking
garage shall undergo periodic condition assessments at intervals not to exceed 3 years.
(e) Additional Condition Assessments.
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(1) If the latest condition assessment report for a parking garage includes a recommendation by the responsible
professional engineer that an additional condition assessment of such parking garage, or any portion of such
parking garage, be performed before the date by which the next periodic condition assessment would be required
under subdivision (c) of this Section, the owner or operator of such parking garage shall cause such parking garage
(or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo
an additional condition assessment no later than the date recommended in such condition assessment report.
(2) If the Village becomes aware of any new or increased deterioration which, in the judgment of the Village, indicates
that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected
by such new or increased deterioration, should be performed before the date by which the next periodic condition
assessment would be required under subdivision (c) of this Section, the owner or operator of such parking garage
shall cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or
increased deterioration) to undergo an additional condition assessment no later than the date determined by the
Village to be appropriate.
(f) Condition Assessment Reports. The responsible professional engineer shall prepare, or directly supervise the
preparation of, a written report of each condition assessment, and shall submit such condition assessment
report to the Village within thirty (30) days of the inspection. Such condition assessment report shall be sealed
and signed by the responsible professional engineer, and shall include:
(1) an evaluation and description of the extent of deterioration and conditions that cause deterioration that could result
in an unsafe condition or unsafe structure;
(2) an evaluation and description of the extent of deterioration and conditions that cause deterioration that, in the
opinion of the responsible professional engineer, should be remedied immediately to prevent an unsafe condition
or unsafe structure;
(3) an evaluation and description of the unsafe conditions;
(4) an evaluation and description of the problems associated with the deterioration, conditions that cause deterioration,
and unsafe conditions;
(5) an evaluation and description of the corrective options available, including the recommended timeframe for
remedying the deterioration, conditions that cause deterioration, and unsafe conditions;
(6) an evaluation and description of the risks associated with not addressing the deterioration, conditions that cause
deterioration, and unsafe conditions;
(7) the responsible professional engineer’s recommendation regarding preventative maintenance;
(8) except in the case of the report of the initial condition assessment, the responsible professional engineer’s
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attestation that he or she reviewed all previously prepared condition assessment reports available for such parking
garage, and considered the information in the previously prepared reports while performing the current condition
assessment and while preparing the current report; and
(9) the responsible professional engineer’s recommendation regarding the time within which the next condition
assessment of the parking garage or portion thereof should be performed. In making the recommendation
regarding the time within which the next condition assessment of the parking garage or portion thereof should be
performed, the responsible professional engineer shall consider the parking garage’s age, maintenance history,
structural condition, construction materials, frequency and intensity of use, location, exposure to the elements, and
any other factors deemed relevant by the responsible professional engineer in their professional judgment.
(g) Review Condition Assessment Reports. The Village shall take such enforcement action or actions in response
to the information in such condition assessment report as may be necessary or appropriate to protect the public
from the hazards that may result from the conditions described in such report. In particular, but not by way of
limitation, the Village shall, by Order to Remedy or such other means of enforcement as the Village may
deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all
deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition
assessment report pursuant to paragraphs (2) and (3) of subdivision (f). All repairs and remedies shall comply
with the applicable provisions of the Uniform Code. This Section shall not limit or impair the right of the
Village to take any other enforcement action, including but not limited to suspension or revocation of a
parking garage’s operating permit, as may be necessary or appropriate in response to the information in a
condition assessment report.
(h) The Village shall retain all condition assessment reports for the life of the parking garage. Upon request by a
professional engineer who has been engaged to perform a condition assessment of a parking garage, and who
provides the Village with a written statement attesting to the fact that he or she has been so engaged, the
Village shall make the previously prepared condition assessment reports for such parking garage (or copies of
such reports) available to such professional engineer. The Village shall be permitted to require the owner or
operator of the subject parking garage to pay all costs and expenses associated with making such previously
prepared condition assessment reports (or copies thereof) available to the professional engineer.
(i) This Section shall not limit or impair the right or the obligation of the Village:
(1) to perform such construction inspections as are required by Section 5 (Construction Inspections) of this local law;
(2) to perform such periodic fire safety and property maintenance inspections as are required by Section 11 (Fire
Safety and Property Maintenance Inspections) of this local law; and/or
(3) to take such enforcement action or actions as may be necessary or appropriate to respond to any condition that
comes to the attention of the Village by means of its own inspections or observations, by means of a complaint, or
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by any other means other than a condition assessment or a report of a condition assessment.
SECTION 14. CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA.
(a) The Code Enforcement Officer shall determine the climatic and geographic design criteria for buildings and
structures constructed within this Village as required by the Uniform Code. Such determinations shall be made in
the manner specified in the Uniform Code using, where applicable, the maps, charts, and other information
provided in the Uniform Code. The criteria to be so determined shall include but shall not necessarily be limited to,
the following:
(1) design criteria to include ground snow load; wind design loads; seismic category; potential damage from
weathering, frost, and termite; winter design temperature; whether ice barrier underlayment is required; the air
freezing index; and the mean annual temperature;
(2) heating and cooling equipment design criteria for structures within the scope of the RCNYS. The design criteria
shall include the data identified in the Design Criteria Table found in Chapter 3 of the RCNYS; and
(3) flood hazard areas, flood hazard maps, and supporting data. The flood hazard map shall include, at a minimum,
special flood hazard areas as identified by the Federal Emergency Management Agency in the Flood Insurance
Study for the community, as amended or revised with:
(i) the accompanying Flood Insurance Rate Map (FIRM);
(ii) Flood Boundary and Floodway Map (FBFM); and
(iii) related supporting data along with any revisions thereto.
(b) The Code Enforcement Officer shall prepare a written record of the climatic and geographic design criteria
determined pursuant to subdivision (a) of this Section, shall maintain such record within the office of the Code
Enforcement Officer, and shall make such record readily available to the public.
SECTION 15. RECORD KEEPING.
(a) The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by
all Code Enforcement Personnel, including records of:
(1) all applications received, reviewed and approved or denied;
(2) all plans, specifications and construction documents approved;
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(3) all Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates, Stop
Work Orders, and Operating Permits issued;
(4) all inspections and tests performed;
(5) all statements and reports issued;
(6) all complaints received;
(7) all investigations conducted;
(8) all condition assessment reports received;
(9) all fees charged and collected; and
(10) all other features and activities specified in or contemplated by Sections 4 through 14, inclusive, of this
local law.
(b) All such records shall be public records open for public inspection during normal business hours. All plans and
records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum
time period so required by State law and regulation.
SECTION 16. PROGRAM REVIEW AND REPORTING
(a) The Code Enforcement Officer shall annually submit to Board of Trustees of the Village a written report and
summary of all business conducted by the Code Enforcement Officer and the Inspectors, including a report and
summary of all transactions and activities described in Section 14 (Record Keeping) of this local law and a report
and summary of all appeals or litigation pending or concluded.
(b) The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of this Village, on a form
prescribed by the Secretary of State, a report of the activities of this Village relative to administration and
enforcement of the Uniform Code.
(c) The Code Enforcement Officer shall, upon request of the New York State Department of State, provide to the New
York State Department of State, true and
complete copies of the records and related materials this Village is required to maintain; true and complete copies
of such portion of such records and related materials as may be requested by the Department of State; and/or such
excerpts, summaries, tabulations, statistics, and other information and accounts of its activities in connection with
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administration and enforcement of the Uniform Code and/or Energy Code as may be requested by the Department
of State.
SECTION 17: VIOLATIONS
(a) Orders to Remedy. The Code Enforcement Officer is authorized to order in writing the remedying of any condition
or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the
Energy Code, or this local law. An Order to Remedy shall be in writing; shall be dated and signed by the Code
Enforcement Officer; shall specify the condition or activity that violates the Uniform Code, the Energy Code, or
this local law; shall specify the provision or provisions of the Uniform Code, the Energy Code, or this local law
which is/are violated by the specified condition or activity; and shall include a statement substantially similar to the
following:
“The person or entity served with this Order to Remedy must completely remedy each violation described in this
Order to Remedy by [specify date], which is thirty (30) days after the date of this Order to Remedy.”
The Order to Remedy may include provisions ordering the person or entity served with such Order to Remedy (1) to
begin to remedy the violations described in the Order to Remedy immediately, or within some other specified period
of time which may be less than thirty (30) days; to continue diligently to remedy such violations until each such
violation is fully remedied; and, in any event, to complete the remedying of all such violations within thirty (30)
days of the date of such Order to Remedy; and/or (2) to take such other protective actions (such as vacating the
building or barricading the area where the violations exist) which are authorized by this local law or by any other
applicable statute, regulation, rule, local law or ordinance, and which the Code Enforcement Officer may deem
appropriate, during the period while such violations are being remedied. The Code Enforcement Officer shall cause
the Order to Remedy, or a copy thereof, to be served on the owner of the affected property personally or by
registered mail or certified mail within five (5) days after the date of the Order to Remedy. The Code Enforcement
Officer shall be permitted, but not required, to cause the Order to Remedy, or a copy thereof, to be served on any
builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person
taking part or assisting in work being performed at the affected property personally or by registered mail or certified
mail within five (5) days after the date of the Order to Remedy; provided, however, that failure to serve any Person
mentioned in this sentence shall not affect the efficacy of the Compliance Order.
(b) Appearance Tickets. The Code Enforcement Officer and each Inspector are authorized to issue appearance tickets
for any violation of the Uniform Code.
(c) Penalties. In addition to such other penalties as may be prescribed by State law,
(1) any Person who violates any provision of this local law or any term, condition, or provision of any Building
Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating
Permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this local law,
shall be punishable by a fine of not more than two hundred ($200.00) dollars per day of violation; and
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(2) any Person who violates any provision of the Uniform Code, the Energy Code or this local law, or any term or
condition of any Building Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate,
Stop Work Order, Operating Permit or other notice or order issued by the Code Enforcement Officer pursuant to
any provision of this local law, shall be liable to pay a civil penalty of not more than two hundred ($200.00) dollars
for each day or part thereof during which such violation continues. The civil penalties provided by this paragraph
shall be recoverable in an action instituted in the name of this Village.
(d) Injunctive Relief. An action or proceeding may be instituted in the name of this Village, in a court of competent
jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the
Uniform Code, the Energy Code, this local law, or any term or condition of any Building Permit, Certificate of
Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit, Order to
Remedy, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this local
law. In particular, but not by way of limitation, where the construction or use of a building or structure is in
violation of any provision of the Uniform Code, the Energy Code, this local law, or any Stop Work Order, Order to
Remedy or other order obtained under the Uniform Code, the Energy Code or this local law, an action or
proceeding may be commenced in the name of this Village, in the Supreme Court or in any other court having the
requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the
condition in violation of such provisions. No action or proceeding described in this subdivision shall be
commenced without the appropriate authorization from the Board of Trustees of this Village.
(e) Remedies Not Exclusive. No remedy or penalty specified in this Section shall be the exclusive remedy or remedy
available to address any violation described in this Section, and each remedy or penalty specified in this Section
shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this
Section, in Section 6 (Stop Work Orders) of this local law, in any other Section of this local law, or in any other
applicable law. Any remedy or penalty specified in this Section may be pursued at any time, whether prior to,
simultaneously with, or after the pursuit of any other remedy or penalty specified in this Section, in Section 6 (Stop
Work Orders) of this local law, in any other Section of this local law, or in any other applicable law. In particular,
but not by way of limitation, each remedy and penalty specified in this Section shall be in addition to, and not in
substitution for or limitation of, the penalties specified in subdivision (2) of Section 382 of the Executive Law, and
any remedy or penalty specified in this Section may be pursued at any time, whether prior to, simultaneously with,
or after the pursuit of any penalty specified in subdivision (2) of Section 382 of the Executive Law.
SECTION 18: FEES
A fee schedule shall be established by resolution of the Board of Trustees of this Village. Such fee schedule may
thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with,
such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the
issuance of Building Permits, amended Building Permits, renewed Building Permits, Certificates of Occupancy,
Certificates of Compliance, Temporary Certificates, Operating Permits, fire safety and property maintenance
inspections, and other actions of the Code Enforcement Officer described in or contemplated by this local law.
SECTION 19. INTERMUNICIPAL AGREEMENTS
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The Board of Trustees of this may, by resolution, authorize the Mayor of this Village to enter into an agreement, in
the name of this Village, with other governments to carry out the terms of this local law, provided that such
agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the
NYCRR, or any other applicable law.
SECTION 20. PARTIAL INVALIDITY
If any Section of this local law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such
determination shall not be deemed to affect, impair, or invalidate the remainder of this local law.
SECTION 21. EFFECTIVE DATE
This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in
accordance with Section 27 of the Municipal Home Rule Law.
REVISIONS TO MODEL LOCAL LAW:
January 18, 2022: The foregoing Model Local Law contains numerous revisions to the prior version of the model
local law. The revisions are intended to reflect the new version of 19 NYCRR Part 1203, which was adopted on
December 14, 2021 and which will become effective on December 30, 2022. The Department of State recommends
that each local government responsible for administration and enforcement of the Uniform Code and/or Energy
Code review the local law(s) or ordinance(s) that establish its existing code enforcement program and make such
changes to such local law(s) or ordinance(s) as may be required to bring its code enforcement program into
compliance with the new version of Part 1203. One way to do so would be to repeal the local law(s) or ordinance(s)
that establish the local government’s existing code enforcement program and to adopt a new local law based on
foregoing Model Local Law.
Any local government that adopted the prior version of the model local law, or a modified version of the prior
model local law, and that wishes to keep such local law in effect through December 30, 2022, should be aware of
the following revisions that were made to the prior model local law:
August 15, 2018: Revised subdivision (a) of Section 10, added a new Section 13 entitled Condition Assessments of
Parking Garages, renumbered Sections 13 through 19 accordingly, and revised new Section 14, to reflect the
provisions of amended 19 NYCRR Section 1203.3, relating to Condition Assessments of Parking Garages. Revised
any references to the previously numbered Sections 13 through 19 to reflect the appropriate new renumbered
Section. Revised subdivisions (b) and (d) of Section 3 by changing the phrase “State Fire Administrator” to
“Department of State.”
December 28, 2015: Revised subdivision (a) of Section 15 to reflect the provisions of new 19 NYCRR section
1203.5, relating to Orders to Remedy.
April 22, 2011: Revised first sentence in subdivision (c) of Section 15 by changing the word “proscribed” to
“prescribed.”
February 23, 2006: Revised two references in the last sentence in Section 15(e) from subdivision (2) of section 381
of the Executive Law to subdivision (2) of section 382 of the Executive Law.
February 23, 2006: Revised definition of "inspector" (Section 2) from pursuant to subdivision (d) of section 4 of this
local law to pursuant to subdivision (d) of section 3 of this local law.
EXHIBIT 2023-085
Clerk’s Report:
●This is the last month for Village Property Taxes will be accepted. At this point there are 13 residents that have not
paid.
●Deputy Clerk Jacot has completed the Introduction to Accounting training through OSC. She is also now a NYS
Notary.
●Deputy Clerk Perkins has completed the 2022 Village Voices and the proof will be available next week.
●The Board will need to renew my appointment to the Tompkins County Environmental Management Committee
from January 1, 2023 to December 31, 2024.
●Justice Galbreath would like Board approval to conduct a marriage ceremony in Marcham Hall on November 6,
2022 at 11:00 a.m.
●The GTCMHIC 2023 MCA Resolution:
EXHIBIT 2023-086
Approval of the 2023 Amended Municipal Cooperative Agreement for the Greater Tompkins
County Municipal Health Insurance Consortium
WHEREAS, the Village of Cayuga Heights is a Participant in the Greater Tompkins County
Municipal Health Insurance Consortium (the "Consortium"), a municipal cooperative organized under
Article 47 of the New York Insurance Law, and
WHEREAS, the municipal participants in the Consortium, have approved and executed a certain
Municipal Cooperation Agreement (the "Agreement"; effective date of October 1, 2010) and the 2023
Amendment that provides for the operation and governance of the Consortium, and
WHEREAS, the Consortium's Board of Directors has recommended approval of the 2023
amended agreement, and
WHEREAS, the Municipal Cooperative Agreement requires that amendments to the agreement be
presented to each participant for review and adopted by each municipal board,
RESOLVED, that the Village of Cayuga Heights approves and authorizes the Chief Executive
Officer to sign the 2023 Amendment to the Municipal Cooperative Agreement of the Greater Tompkins
County Municipal Health Insurance Consortium,
RESOLVED, further, that the Clerk of the Village of Cayuga Heights is hereby authorized to
execute this Resolution to indicate its approval, transmit a copy thereof to the Board of Directors of the
Greater Tompkins County Municipal Health Insurance Consortium, and take any other such actions as may
be required by law.
2023 Municipal Cooperative Agreement Signature
IN WITNESS WHEREOF, the undersigned has caused this Agreement to be executed as of the date adopted by the
Greater Tompkins County Municipal Health Insurance Consortium Board of Directors and subsequently adopted by
the Municipal Corporation named below.
Village of Cayuga Heights
______________________________________________
Mayor Linda Woodard ______________________
Signature Date _______________________________