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Home My WebLink AboutMN-GPA-2013-05-15GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. May 15, 2013 PRESENT: Alderperson Mohlenhoff - Chair Alderpersons (4) Murtagh, McCollister, Smith, Proulx OTHERS PRESENT: City Clerk — Conley Holcomb City Attorney — Lavine Alderperson — Kerslick Youth Council Coordinator - Handy Approval of the Minutes of the April 16, 2013 GPA Committee Meetings - Resolution Approval of the April 16, 2013 meeting was deferred to the July meeting as the June GPA Committee will be canceled. Charter and Code Revisions: A Local Law to Assign the Building Commissioner's Powers and Duties to the Director of Planning and Development, the Director of Zoning Administration, and the Director of Code Enforcement By Alderperson Smith: Seconded by Alderperson Murtagh WHEREAS, via Local Law No. 4 - 2012 the Department of Planning, Building, and Development was formed through the combination of the Department of Planning and Development and the Building Department, and WHEREAS, New York State has granted to the City the power to organize its own government and departments therein as the City deems necessary, and WHEREAS, The Common Council has determined that certain operations of the City's government could efficiently be consolidated and overseen by a single department head rather than by multiple separate departments, and WHEREAS, the Building Commissioner is the City's Code Enforcement Officer, charged with the responsibility of enforcing laws, ordinances, rules, and regulations of the City, and WHEREAS, the Director of Planning and Development, with the assistance of the Director of Zoning Administration and the Director of Code Enforcement, is well equipped to handle the code enforcement functions formerly performed by the Building Commissioner; now, therefore, GPA Committee May 15, 2013 Local Law 2013 — BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent and Purpose. The Common Council of the City of Ithaca determines that it is in the interest of the public welfare to transfer all powers, duties, and functions of the Building Commissioner to the Director of Planning and Development, the Director of Zoning Administration, and the Director of Code Enforcement. The position of the Building Commissioner shall cease to exist, and all powers, duties, and functions otherwise possessed by the Building Commissioner shall hereafter be the powers, duties, and functions of the office herein designated, or failing that, of the Director of Planning and Development. M Section 2. The City of Ithaca Charter is hereby amended as follows: Article II — City Officers §C -5 Elective and appointive officers. The text of Section C- 5(C)(4)(b) is hereby amended as follows: (b) Officers who are appointed by the Mayor with the approval of Common Council to a specific department: City Chamberlain as appointed to the Office of the City Controller. The text of Section C- 5(C)(5) is hereby amended as follows: "(5) Officers who serve as the deputies or assistant department heads of their respective departments, and who are appointed by their respective department heads: Assistant City Attorney(s), Assistant Superintendent(s) of Public Works[, Deputy B iildiRg GemmissieRe -FW] Deputy City Chamberlain, Deputy City Clerk, Deputy Controller, Deputy Director of Human Resources, Deputy Director of Economic Development, Deputy Director of Planning and Development, Deputy Fire Chief(s), Deputy Greater Ithaca Activities Center Director, Deputy Police Chief(s), Deputy Youth Bureau Director." §C -15. Building Commissioner. Section C -15 of the Ithaca City Charter is hereby amended as follows: " §C -15 Director of Planning and Development [ ] The Director of Plannina and Develoament or the Director of Code Enforcement. if so designated by the Director of Planning and Development, [rig ] shall serve as the enforcement officer of all laws, ordinances, rules and regulations, codes and orders applicable to the use of land and the location, design, materials, construction, alteration, repairs, equipment, maintenance, use, occupancy, GPA Committee May 15, 2013 removal and demolition of the buildings and structures and their appurtenances located in the City. The Director of Planning and Development[ ] shall have such deputies and assistants as the Common Council shall authorize. [—T-4e .] The Director of Planning and Development or the Director of Code Enforcement, if so designated by the Director of Planning and Development, [BuiliRg rnmmlCSOGRer] and his or her designees shall have the authority to issue appearance tickets in accordance with Article 150 of the New York State Criminal Procedure Law as provided by Municipal Home Rule Law Subdivision 4(a) of § 10 for the enforcement of any statute, local law, ordinance, rule or regulation relating to any matters under the authority of the Director of Planning and Development[B iilydinn Gnmmiccinnnr] " §C -24 Examining Board of Electricians. The text of Section C -24(A) is hereby amended as follows: "A. Membership. There is hereby established for the City of Ithaca an Examining Board of Electricians. One member of this Board shall be the Electrical Inspector; one shall be the Director of Planning and Development [erg Ceram, ] or his /her designee; and the remaining three, who shall be residents of the City of Ithaca, shall be appointed by the Mayor subject to the approval of the Common Council, namely, two master electricians licensed by the City of Ithaca and one member at large. The first appointments shall be for one, two and three years respectively, and afterwards for terms of three years." Section 3. Chapter 1 of the City of Ithaca Municipal Code entitled "General Provisions" is hereby amended as follows: Article I - Penalties §1 -1 Penalties for Offenses The text of Section 1 -1(C) is hereby amended as follows: "C. Notwithstanding any contrary Code provision, appearance tickets may be issued by the Director of Planning and Development[B iildinn Commissinnnr] and /or the Director's [Commis °inn °r' °] designee(s) charging violations of any of the above sections whenever there is probable cause to believe that said violations have occurred. Any rights to administrative appeals to any board or commission of the City of Ithaca mentioned in any subsequent section of this Code shall not apply as a condition precedent to issuing an appearance ticket charging a violation of any of the above - listed Code sections. Any right to an administrative appeal from a decision or determination of the Director of Planning and Development[B iilyding (`nmmiccinn °r] or other City official with regard to the above Code sections shall apply only in cases in which the City intends to correct the violation and seek to charge the property owner or other responsible party for the costs of correction." Section 4. Chapter 210 of the City of Ithaca Municipal Code is hereby amended as follows: 41 GPA Committee May 15, 2013 Article XIV — Penalties §210 -86. Penalties for offenses. The text of Section 210 -86(B) is hereby amended as follows: "B. Every person who shall fail to comply with a violation order issued by the Director of Planning and Development or designee[R, dirlinm ro mrrmissienor] within the time limit stated shall be guilty of an offense and, upon conviction, shall be punishable by a fine of not less than $250 nor more than $500. Each day that a violation continues shall be a separate offense." Section 5. Chapter 282 of the City of Ithaca Municipal Code entitled "Stormwater Management and Erosion and Sediment Control" is hereby amended to read as follows: Article I — General Provisions §282 -8. Administration. The text of Section 282 -8(B) is hereby amended to read as follows: "B. The Mayor, on behalf of the City of Ithaca, and in consultation with the Superintendent of Public Works and the Director of Planning and Development[B iildiRg COmmiccir\ner] shall designate a Stormwater Management Officer (SMO), who shall administer, implement and enforce the provisions of this Part 1.11 Section 6. Chapter 325 of the City of Ithaca Municipal Code is hereby amended as follows: §325 -40. Board of Appeals; variances. The text of Section 325- 40(A)(1) is hereby amended to read as follows: "(1) Appointment of members. The Mayor, with the consent of the Common Council, shall appoint a Board of Appeals consisting of five members. The Board of Appeals, at the first regular meeting each year, shall elect one of its own members as Chairperson. In the absence of the Chairperson at any meeting, the Board of Appeals may designate a member to serve as Acting Chairperson. The Director of Zoning Administration[BuildiRg GeMMiSSOe erl or the designee of the Director of Planning and Development shall be the Secretary of the Board of Appeals. In making such appointments, the Mayor may require Board of Appeals members to complete training and continuing education courses." The text of Section 325- 40(B)(2)(e) is hereby amended as follows: "(e) Notices to the public. If a variance, interpretation or a special permit is requested, the appellant shall send notice of the same by mail to all property owners within 200 feet of the boundaries of the lot under consideration. Such notice shall state the relief sought, the type of use contemplated and such additional information as shall be required by the Director of Zoning Administration or the designee of the Director of CI GPA Committee May 15, 2013 Planning and Development[B uildiRg GeMMicciGRerj and shall be mailed five days prior to the meeting of the Planning Board which next) precedes the public hearing. Proof of such mailing shall be filed with the Board of Appeals prior to the holding of the public hearing." Section 7. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 8. Effective Date. This Local Law shall take effect on January 1, 2014 if and after its adoption through referendum, and after filing in the office of the Secretary of State. This Local Law is subject to referendum in November 2013 pursuant to Municipal Home Rule Law Section 23. City Attorney Lavine explained the intent and purpose of the law and the transfer of the powers and duties of the Building Commissioner to the Director of Planning & Development, the Director of Code Enforcement, and the Director of Zoning Administration. He explained that this law is subject to mandatory referendum as it reduces the power of the Mayor by eliminating the Building Commissioner position and his /her ability to make an appointment to that position. City Attorney Lavine further explained the term "legislative equivalence" and why it made operational sense to divide this legislation into a Local Law and an Ordinance to amend sections of the Charter and City Code. City Attorney Lavine acknowledged the hours of work it took to complete this legislation and thanked Planning & Development Director JoAnn Cornish, Director of Zoning Administration Phyllis Radke, and Director of Code Enforcement Mike Niechwiadowicz for their time and effort in the development of this legislation. A vote on the Local Law resulted as follows: Carried Unanimously An Ordinance to Assign the Building Commissioner's Powers and Duties to the Director of Planning and Development, the Director of Zoning Administration, and the Director of Code Enforcement By Alderperson McCollister: Seconded by Alderperson Murtagh ORDINANCE - 2013 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. The City of Ithaca Municipal Code is hereby amended as follows: '61 GPA Committee May 15, 2013 Section 2. Chapter 4 of the City of Ithaca Municipal Code entitled "Administration of Government is hereby amended as follows: Article V — Department of Planning, Building, and Development. §4 -22. Establishment; Director. The text of a new subsection L shall be added to read as follows: "L. Administration and assurance of compliance with housing standards, as specified in Section 210 -75 of the Ithaca City Code." The text of the existing subsection L of Section 4 -22 shall now become subsection M beneath the new subsection L hereby created. Section 3. Chapter 48 of the City of Ithaca Municipal Code entitled " Emergency Preparedness" is hereby amended to read as follows: § 48 -7. Powers and duties of officials. The text of §48 -7 (H) is hereby amended as follows: "H. The Director of Planning and Development or his /her designee [Building (`ommicci� nor of the Gily] will be responsible for safety inspection of damaged homes and businesses before evacuees are allowed to reoccupy such buildings." Section 4. Chapter 146 of the City of Ithaca Municipal Code entitled "Building Code Enforcement" is hereby amended as follows: § 146 -2. Compliance required. The text of Section 146 -2 is hereby amended to read as follows: "§ 146 -2 Compliance Required. No person shall construct, alter, repair, move, remove, demolish, equip, occupy, use or maintain any building, structure or portion thereof in violation of any provision of this chapter, the New York State Uniform Fire Prevention and Building Code, the Energy Code, this Municipal Code, laws, ordinances, rules and regulations of any agency having jurisdiction over the subject matter nor fail to comply with lawful orders of the Director of Planning and Development[Buifding Gemm'ss'ener of the i'i + „] or his /her desiqnee, nor shall any person engage in any trade or occupation required to be licensed pursuant to the provisions of this chapter without first obtaining the proper license provided for hereunder, nor shall any person engage in any trade or occupation required to be registered pursuant to the provisions of this chapter without first properly registering as provided for hereunder.” §146 -3. Definitions. The text of the definition of "Code Enforcement Officer" is hereby amended to read as follows: "CODE ENFORCEMENT OFFICER - The Director of Planning and Development[g Gemmissionor] or the Director of Code Enforcement if so designated by the Director of Planning and Development fhnrihic n. istaRts appOiRted] pursuant to § 146 -4A, 146 -4B, 146 - 4C and working under the supervision of the Director of Planning and Development[g C ommissienor] " r� GPA Committee May 15, 2013 The text of the definition of "Code Enforcement Personnel" is hereby amended to read as follows: "CODE ENFORCEMENT PERSONNEL - Shall include the Director of Planning and Development[B iil`+ino Gommiccionor], Director of Code Enforcement[Deputy Bun! Gemmissionor] Senior Plan Examiner, Plan Review Officer, and all inspectors." Article II — Administration and Enforcement § 146 -4. Administrative officers and functions. The text of Section 146 -4 is hereby amended to read as follows: "§ 146 -4 Administrative officers and functions. A. The Office of Code Enforcement Officer is hereby created. The Office of Code Enforcement Officer shall be the Department of Planning, Building, and Development. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this chapter. The Director of Planning and Development[ Building Gemmiccionor] or the Director of Code Enforcement if so designated by the Director of Planning and Development shall be the Code Enforcement Officer for the City of Ithaca. Notwithstanding any other provision of the City Code, all powers, responsibilities, procedures, rights, and penalties in this Code or in rules created thereunder specifying, compelling, or permitting the administration, enforcement or other participation of the "Building Department" [er the 1 Offiro of the Building Gemmiss.enor" ]shall be invested in and associated with the Department of Planning, Building, and Development, wherein the Director of Planning and Development[ ] or the Director of Code Enforcement if so designated by the Director of Planning and Development shall serve as the Code Enforcement Officer as specified in Chapter 146 of the City Code. B. Director of Planning and Development[B iilldiRg Gemmissionor]. The Director of Planning and Development[Buildinn Gemmiecionor] or the Director of Code Enforcement if so designated by the Director of Planning and Development 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 Director of Planning and Development[ ] or the Director of Code Enforcement if so designated by the Director of Planning and Development [Building Gemmissionor] shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder. In the event that the Director of Code Enforcement[B uildino Gemmissionor] is unable to serve as such for any reason, an individual shall be appointed by the Mayor to serve as Acting Director of Code Enforcement [Building Gemmissienor] The Acting Director of Code Enforcement [Building G - icc ionor] shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Director of Code Enforcement [Building Commissioner] by this chapter. C. Code enforcement personnel. The Director of Planning and Development[Bu+Id+ag Gommissionor] may appoint, with the approval of the Common Council, one or more Deputy Directors of Code Enforcement[ ], Senior Plan Examiners, Plan Review Officers, Code Inspectors, Building Inspectors, Housing Inspectors and other code enforcement personnel as necessary to work under his /her supervision and to assist the Director of Planning and Development[ ] in the exercise of the powers and fulfillment of the duties conferred upon the Director of Planning and rA GPA Committee May 15, 2013 Developmen [BUildiRg GOFAMOSGOORe ] by this chapter. Each code enforcement personnel 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 code enforcement personnel shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder. D. Plumbing Inspector. The Plumbing Inspector, under the supervision of the Superintendent of Public Works, shall inspect all plumbing work within the jurisdiction of this chapter and determine its compliance with the plumbing standards in effect in this City. E. Electrical Inspector. The Electrical Inspector, under the supervision of the Director of Planning and Development[B iil.ding Gemmissinnor], shall inspect all electrical installations within the jurisdiction of this chapter and determine their compliance with all applicable electrical codes and standards in effect in the City of Ithaca. F. Enforcement. (1) The Director of Planning and Development[B uilydinn ] or his /her designee shall be responsible for the enforcement of the New York State Uniform Fire Prevention and Building Code, hereafter referred to as the "Uniform Code." The New York State Energy Conservation Construction Code, the City of Ithaca Zoning Ordinance, and all other codes and ordinances applicable to building construction and land use, and shall have the power to stop work not conforming to the Building Code or being done in a generally careless or hazardous manner. The City of Ithaca Fire Marshal shall be responsible for enforcement of the Fire Code of NYS (see Chapter 181). (2) The Director of Planning and Development[ ] or his /her designee shall receive and examine all plans and specifications for proposed new work, repairs, alterations, changes of use or removals and shall record and file the same for safekeeping. (3) The Director of Planning and Development[ ] or his /her designee shall receive, review, and approve or disapprove applications for building permits, certificates of occupancy, certificates of completion, temporary certificates of occupancy and the plans, specifications and construction documents submitted with such applications. (4) The Director of Planning and Development[B uilydinn rr.mmiccinnor] or his /her designee, upon approval of such applications, shall issue building permits, certificates of occupancy, certificates of completion and temporary certificates of occupancy, and include in building permits, certificates of occupancy, certificates of completion and Temporary certificates of occupancy such terms and conditions as the Code Enforcement Officer may determine to be appropriate. (5) The Director of Planning and Development[Buil,dinn l;r.mmiccinnor] or his /her designee shall have the authority to conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy, certificates of completion and Temporary certificates of occupancy, 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 chapter. �'j GPA Committee May 15, 2013 (6) The Director of Planning and Development[ ] or his /her designee shall have the authority to issue stop -work orders. (7) The Director of Planning and Development[ ] or his /her designee shall have the authority to review and investigate complaints. (8) The Director of Planning and Development[R„ildinn GGMMicciGRe ] or his /her designee shall have the authority to issue compliance orders. (9) The Director of Planning and Development[B uil,dir,n GGMMiccinnor] or his /her designee shall have the authority to collect all applicable fees as set by this chapter. (10) The Director of Planning and Development[ ] or his /her designee shall have the authority to pursue administrative enforcement actions and proceedings. (11) The Director of Planning and Development[R„ildinn ('l+mmiccinr,or] or his /her designee shall have the authority to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this chapter. (12) The Director of Planning and Development[ ] or his /her designee shall have the authority to exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this chapter. G. Records. (1) The Director of Planning and Development [Building Gernmissienor] or his /her designee shall maintain records of all building operations and particulars thereof in his /her jurisdiction. (2) All such records, together with all drawings, specifications, statements, etc., so filed, shall be considered public records and shall be open for inspection at reasonable times, but the copying of any drawing, specification or part thereof without the consent of the architect, engineer or owner of the structure is hereby forbidden. H. Right to enter buildings. The Director of Planning and Development[Bu+IdiRg Gemmissinnor] or the [R, iilydiRg Gnmmiooinnorb] authorized representatives of the Director of Planning and Development shall have the right of entry, at all reasonable hours, to any building or site where work is contemplated or being done under the provisions of this chapter, or to any building alleged to be unsafe to life or health, upon the exhibition of proper evidence of authority; and interference with such authorized entry in an official capacity shall be punishable as a violation of this chapter. I. Inspection of buildings. The Director of Planning and Development[B uil.diRg Gemmissinnor] or his /her desicineeldeput shall examine all buildings upon which or within which work is being done under the provisions of this chapter as often as practicable during the progress of the work; and particularly, the Director of Planning and Development[Building Gemmissiene ] shall visit as often as may be necessary all construction, alteration or removal jobs where a special hazard to public safety may be involved and shall promptly follow up all complaints, �7 GPA Committee May 15, 2013 inquiries and discrepancies occurring in connection with the building operation under his /her jurisdiction. J. Issuance of appearance tickets. The Director of Planning and Development[+eg COmmiooienor] or his /her[ +ho B uildiRg GOmmiooie ] designee is authorized to issue appearance tickets in accordance with Article 150 of the New York State Criminal Procedure Law. K. Compliance orders. (1) The Director of Planning and Development[ ] or his /her designee 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 chapter. Upon finding that any such condition or activity exists, the Director of Planning and Development[B iilding Gernmissienor] or his /her designee shall issue a compliance order. The compliance order shall: (a) Be in writing; (b) Be dated and signed by the Director of Planning and Development[g ] or his /her designee; (c) Specify the condition or activity that violates the Uniform Code, the Energy Code, or this chapter; (d) Specify the provision or provisions of the Uniform Code, the Energy Code, or this chapter which is /are violated by the specified condition or activity; (e) Specify the period of time which the Director of Planning and Development[ ] or his /her designee deems to be reasonably necessary for achieving compliance; (f) Direct that compliance be achieved within the specified period of time; and (g) State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. (2) The Director of Planning and Development[ ] or his /her designee shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by registered mail. The Director of Planning and Development[Building Gemmissir.ne or his /her designee shall be permitted, but not required, to cause the compliance 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 being performed at the affected property personally or by registered mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order." § 146 -5. Building Permits. The text of Section 146 -5(E) is hereby amended to read as follows: iiK GPA Committee May 15, 2013 "E. Construction documents. Plans shall be drawn to scale, for principal working drawings not less than 1/8 inch to one foot, except that extensive plot plans may be drawn at a smaller scale in the discretion of the Director of Planning and Development[ Building Gernmissione ]. Details at larger scales or parts on which particular information is required shall be furnished to the Code Enforcement Officer as required. Specifications shall be true and legible copies, suitably arranged and paragraphed so as to be conveniently read and so prepared as to leave no uncertainty as to materials and quality of construction required. Plans for sheds and other construction of minor importance will be acceptable if rough- sketched but with accurate dimensions. It shall be unlawful to make any change in either drawings or specifications after a permit has been granted, except as such change involves no appreciable difference in the terms of the application or permit. 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. One set of the accepted construction documents shall be retained by the Building Department, 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 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 the building permit will be issued. Work shall not commence until and unless a building permit has been issued." The text of Section 146 -5(G) is hereby amended to read as follows: "G. Disposal of plans. Plans and specifications for all buildings of a public nature or for other buildings three or more stories in height or intended to be occupied by a hazardous industry or business shall become the property of the office of the Director of Planning and Development[Building GeMMiccienor]. Plans and specifications other than those described above shall be kept on file for a period of two years from the date of completion of construction and may be returned to the owner upon request if so requested within 30 days, after which time they may be destroyed." § 146 -7. Stop -work orders. The text of Section 146- 7(B)(2) is hereby amended to read as follows: "B. Content of stop -work orders. Stop -work orders shall: (2) Be dated and signed by the Director of Planning and Development[Building Corn missienor] or authorized code enforcement personnel." The text of Section 146 -7(C) is hereby amended to read as follows: "C. Service of stop -work orders. The Director of Planning and Development[g GOmmiGGOGRer] or authorized code enforcement personnel 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 holder, personally or by first class mail. The Director of Planning and Development[B uildiRg Gemmissienor] or authorized code enforcement personnel 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 first class mail; provided, however, that failure to serve any person mentioned herein shall not affect the efficacy of the stop -work order." 11 GPA Committee May 15, 2013 §146 -8. Certificates of occupancy and certificates of completion. The text of Section 146 -8(C) is hereby amended to read as follows: "C. Issuance of certificates of occupancy and certificates of completion. The Director of Planning and Development[B iil.diRg GeMM!ooi0nor] or authorized code enforcement personnel shall issue a certificate of occupancy or certificate of completion if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code, the Energy Code and the City of Ithaca Zoning Ordinance and /or, 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 provisions of the Uniform Code, the Energy Code and the City of Ithaca Zoning Ordinance. The Code Enforcement Officer shall inspect the building, structure or work prior to the issuance of a certificate of occupancy or certificate of completion. 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 a certificate of occupancy or a certificate of completion shall be provided to the Code Enforcement Officer prior to the issuance of the certificate of occupancy or certificate of completion: (1) An application on a form provided by the Building Department stating the final project cost, and submitted at least seven working days before the certificate is desired; (2) All certifications and /or approvals required by the code enforcement personnel; (3) A written statement of structural observations and /or a final report of special inspections; and (4) Flood hazard certifications." The text of Section 146- 8(D)(10) is hereby amended to read as follows: "D. Contents of a certificate of occupancy or certificate of completion. A certificate of occupancy or certificate of completion shall contain the following information: (10) The signature of the Director of Planning and Development[ ] or authorized code enforcement personnel issuing the certificate of occupancy or certificate of completion and the date of issuance." The text of Section 146- 8(E)(1) is hereby amended to read as follows: "E. Temporary Certificates. (1) The Director of Planning and Development[B iil.ding GeMMiccienor] or authorized code enforcement personnel shall be permitted to issue a temporary certificate 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 a temporary certificate be issued unless the Code Enforcement Officer determines that: (a) The building or structure or portion thereof covered by the temporary certificate may be occupied safely; `K GPA Committee May 15, 2013 (b) All required fire- and smoke - detecting or fire protection equipment has been installed, tested and is operational; (c) All required means of egress from the building or structure have been provided; and (d) For projects subject to site plan review, all improvements required by the site plan approval, including any conditions placed on such approval, are installed, or until a sufficient guaranty, in the form of a performance bond, letter of credit, or other security is in place." Article III — Unsafe Buildings §146 -9. Identification and modification. The text of Section 146 -9 is hereby amended to read as follows: 1146 -9. Identification and modification. A. The Director of Planning and Development or desinnee[Building Commissione ] may order any building which, in his /her opinion, is unsafe or is not provided with sufficient means of egress or exits to be vacated forthwith. B. All buildings or structures or portions of buildings or portions of structures which are structurally unsafe, unsanitary or which constitute a fire hazard or are otherwise dangerous to human life or which, in relation to existing uses, constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are severally, for the purpose of this article, unsafe buildings. All such unsafe buildings are hereby declared to be illegal and shall be abated by repair or demolition in accordance with the procedure of this article. The Director of Planning and Development or designee [Building Gemmissionor] has the authority to order a building or structure or portion of a building or portion of a structure to be demolished rather than repaired. C. The Director of Planning and Development or designee[Buildinn Gernmissionor], after consulting with the City Forester, has the authority to order a tree or trees or parts of a tree or trees to be removed if the tree is dead or parts of the tree are dead and any branches or parts of the tree have fallen or are falling constituting a hazard to any building or structure or person. D. Whenever the Director of Planning and Development or designee[BuildiRg GnmmiccinnorI shall find any building, structure or portion thereof to be unsafe, as defined in this article, the Director of Planning and Development or designee[Building rnmmiccionor] shall cause service of notice upon the owner and all other persons having any interest in such property upon which the unsafe building is located, either personally or by registered mail, addressed to his /her last known address as shown by the records of the Assessor's office of the City and /or in the office of the County Clerk, containing a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous and an order of the Director of Planning and Development or designee[Buildinn rnmmossuenor] requiring the same to be repaired or removed; and if such service is made by registered mail, the Director of Planning and Development or designee[BuildiRg GOMMissieRe ] shall cause the posting of a copy of such notice on the premises. (1) If the Director of Planning and Development or designee[B iildinn GOMMOSSOGROY] finds that there is actual and immediate danger of failure or collapse so as to endanger life, such notice shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the specific repairs and improvements are completed, ii9l GPA Committee May 15, 2013 inspected and approved by the Director of Planning and Development[Build+ng G emmissinnor] or his/her designee. (a) The Director of Planning and Development or designee[g 1 OMMISSRORe ] shall cause to be posted at each entrance to such building a notice: "THIS BUILDING IS UNSAFE AND ITS USE AND OCCUPANCY HAS BEEN PROHIBITED BY THE DIRECTOR OF PLANNING AND DEVELOPMENT[ ] OF THE CITY OF ITHACA, NEW YORK OR HIS /HER DESIGNEE. IT SHALL BE UNLAWFUL FOR ANY PERSON TO REMOVE, DEFACE OR DESTROY THIS NOTICE WITHOUT PERMISSION FROM THE DIRECTOR OF PLANNING AND DEVELOPMENT[ ] OR HIS /HER DESIGNEE." (b) Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents or servants to remove such notice without written permission of the Director of Planning and Development[Buildinn Gernmissionor] or his /her designee, or for any person to enter the building except for the purpose of making the required repairs or of demolishing said building. The owner of the subject building or structure shall be responsible for obtaining the requisite permit pursuant to § 146 -5 before commencing the repairs or demolition. (2) In cases of emergency which, in the opinion of the Director of Planning and Development[ ] or his /her designee, involve imminent danger to human life or health, he /she shall promptly cause such building, structure or portion thereof to be made safe or removed. For this purpose, the Director of Planning and Development[ ] or his /her designee may at once enter such structure or land on which it stands, or abutting land or structure, with such assistance and at such cost as may be necessary. The Director of Planning and Development[B iilding Cnmmiccinnor] or his /her designee may order that adjacent structures be vacated and may protect the public by appropriate barricades or such other means as may be necessary and for this purpose may close a public or private way. E. The notice shall contain the time within which the owner so served shall commence the repair or removal of such unsafe building. F. The notice may also be filed in the office of the County Clerk, which notice shall be filed by the Clerk in the same manner as a notice of tendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of tendency as therein provided, except as otherwise hereinafter provided in this subsection. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a judge or justice of a court of record or upon the consent of the City Attorney. The County Clerk shall mark such notice and any record or docket thereof as canceled of record upon the presentation and filing of such consent or of a certified copy of such order. G. The notice shall further contain a statement that a hearing can be requested in writing to the Director of Planning and Development[B ,ilding Cornmissienor] within five business days of receipt of the notice. 14 GPA Committee May 15, 2013 H. If a hearing is requested, the same shall be held before the Building Code Board of Appeals not less than two weeks nor more than four weeks after the request for a hearing is received. The person requesting the hearing shall be notified in writing at least seven days prior to the hearing of the time and place of the hearing. I. In the event that a hearing is held or if the owner does not appear and it is determined by the Building Code Board of Appeals that there is an unsafe building located upon the premises and the owner fails to commence the repair or removal of the unsafe building within the time specified in the notice of determination, the Director of Planning and Development[Building Gemmissienor] shall notify the Superintendent of Public Works that the owner has failed or refuses to repair or remove the unsafe building within the time provided. J. Removal or repair by City; costs. Upon notification that the owner has failed or refuses to repair the unsafe building, the Superintendent of Public Works shall cause the repair or removal of the unsafe building. After the work has been completed, the Superintendent of Public Works shall file in the office of the City Chamberlain a verified statement of all the direct costs of the same, together with a charge of 50% in addition thereto as compensation to the City for administering, supervising and handling said work. K. Assessment and lien. Upon receipt of the verified statement, the City Chamberlain shall enter the same in his /her records as a lien against the premises and shall add the same to the next assessment roll of general City taxes and shall collect and enforce the assessment in the same manner by the same proceedings, at the same time and under the same penalties as the general City tax and as a part thereof, except that, in addition to the penalties heretofore stated, interest shall accrue from the date of filing to the date of actual payment at 12% per annum. L. Other remedies. Notwithstanding any provision herein to the contrary, the City may, at its election, institute suit against the owner of said premises for the direct costs, together with a charge of 50% in addition thereto as compensation to the city for administering, supervising and handling said work, and enter judgment thereon against the owner personally for the aforesaid amount. The imposition and collection of any fine or penalty hereinafter prescribed shall not bar the right of the City to collect the cost of the removal or repair of any unsafe building as herein prescribed. M. Completion of work within reasonable time. The failure of the owner to complete the repairs or to remove the unsafe building within a reasonable time after due notice shall subject the owner to the same procedure and penalties as herein set forth. N. Transfer of title. The transfer of title by the owner of premises upon which an unsafe building is located shall be no defense to any proceedings under this chapter." §146 -10. Building Code Board of Appeals The text of Section 146 -10(B) is hereby amended to read as follows: "B. Any person ordered to repair, remove or vacate a building and who is in disagreement with the judgment of the Director of Planning and Development or designee[ Building Corn may appeal to the Building Code Board of Appeals, provided that a written statement setting forth the reasons for such appeal is filed with the Secretary of the Board within five business days of the service of the order upon such person. The Director of Planning and Development or designee[Building Gernmissione ] shall notify such person of this right to appeal and of this five - business -day time limitation. Upon receipt of such appeal, the Board 11161 GPA Committee May 15, 2013 shall hold a hearing within 30 days and, after review of all evidence, shall affirm, modify or annul the action of the Director of Planninq and Development or designee[, (`nmmiccinnorl " §146 -11. Demolition. The text of Section 146 -11 is hereby amended to read as follows: 1146 -11. Demolition. A. Before the demolition or removal of any building or structure is begun, a verified application shall be prepared by the owner, architect, builder or contractor, on appropriate blanks furnished by the Director of Code Enforcement[BuildiRg Gnmmissinnnr], containing a statement of the facts in relation thereto and as to the location and ownership thereof. The application shall be filed with the Director of Code Enforcement[Buildinn i`nmmiocinner] at least 10 working days before the proposed demolition, except in the case of buildings previously declared to be hazardous or unsafe. The Director of Code Enforcement [ ]shall notify the Department of Planning and Development and the Landmarks Preservation Commission of all requests for demolition permits immediately upon official receipt of such request and at least five working days before issuing the required written permit for the demolition of any building or structure. The official requirement for a ten -day delay may be waived by both the Department of Planning and Development and the Landmarks Preservation Commission by written notice to the Director of Code Enforcement[Buildinn Commissioner]. Such permit shall expire by limitation two months from the date of its issuance. B. Before any permit is issued granting authority to wreck a building or structure for which such permit is required, the person, firm or corporation engaged in the work of wrecking the same shall file, when required by the Director of Code Enforcement[ ], a bond or public liability insurance continuing a personal injury and property damage provision, which bond or insurance policy shall be approved by the City Attorney, to indemnify, keep and save harmless the City against any loss, cost, damage, expense, judgment or liability of any kind whatsoever which may accrue against or be charged to or recovered from said City or any of its officials from or by reason of or on account of accidents to persons or property during any such wrecking operations and from or by reason of or on account of any thing done under or by virtue of any permit granted for any such wrecking operations. C. Said bond or public liability insurance shall be in amounts to be determined by the Director of Code Enforcement[ ], who may require additional sums as protection for the City as may be necessary from time to time thereafter. D. In demolishing any building or structure or part thereof, story after story shall be completely removed. No material shall be placed upon a floor of any building in the course of demolition, and the bricks, timbers and other parts of each story shall be lowered to the ground immediately upon displacement. The material to be removed shall be properly wet to lay the dust incident to its removal. E. When any building or structure over 40 feet in height is demolished, a shed or other protection may be required by the Director of Code Enforcement[ ]. F. Furthermore, before any permit is issued as aforesaid, the Director of Code Enforcement[Buildinn ('nmm66660%Y] shall determine the reasonable time required for the ii NO GPA Committee May 15, 2013 demolition or removal of the building or structure involved, and the permit shall be issued on the condition that demolition or removal is completed within the time limitation specified; and the contractor shall be required to provide security, in the form of a surety bond or certified check, to insure compliance with the time limitation as set by the Director of Code Enforcement[g GeMMISSIeRerl in amounts to be determined by the Director of Code Enforcement[ Building COMMOccinnorl and in a form to be approved by the City Attorney." Article IV - Plumbing §146 -24. Plumbing Inspector. The text of Section 146- 24(B)(8) is hereby amended to read as follows: "B. Duties. The duties of the Plumbing Inspector shall be: (8) The enforcement of this code by all means available at law, including but not limited to the reporting of any violations, in writing, to the Superintendent of Public Works and the Director of Planning and Development or designee[B iilding COMMicciGRe j, who shall have the power to make such orders and to take such action as may be proper requiring the owner of such property to comply with this code and to replace, repair, reconstruct or reinstall such plumbing in accordance with this code under the supervision of the Plumbing Inspector." Article V - Electricians §146 -36. License application and fees; transferability. The text of Section 146 -36(A) is hereby amended to read as follows: "A. All persons desiring to be examined shall make application to the Director of Planning and Development[BuildiRg COMMOcciGRe ] of the City in such form and detail as may be required. Such application shall be accompanied by payment of an examination fee of $100." The text of Section 146 -36(D) is hereby amended to read as follows: "D. Licenses are not transferable. Licenses are revocable for cause adjudged by the Examining Board of Electricians to be in the best interest of the City. Any person whose licenses is revoked and who is in disagreement with the judgment of the Examining Board of Electricians may appeal to the Building Code Board of Appeals, provided that a written statement setting forth the reasons for such appeal is filed with the Secretary of the Board within 30 days of the service of the revocation order upon such person. The Director of Planning and Development[BuildiRg COMMOccinRorl or his /her designee shall notify such person of this right to appeal and of this thirty -day time limitation. Upon receipt of such appeal, the Building Code Board of Appeals shall hold a hearing within 30 days and, after review of all evidence, shall affirm, modify or annul the action of the Examining Board of Electricians. After the hearing, the Building Code Board of Appeals' judgment shall be final." §146 -38. Electrical permits; fees. The text of Section 146- 38(C)(2) is hereby amended to read as follows: "C. Permit fees shall be paid before a work permit is authorized. Permit fees shall be accepted by the Building Department Permit Clerk by check or money order. The electrical permit fee schedule shall be posted in the office of the Building Department. 17 GPA Committee May 15, 2013 (2) Work permits shall be set according to the following schedule which shall be subject to modification from time to time as determined by the Director of Planning and Development[B 'ildinn Gnmmiccie Re " §146 -39. Electrical Inspections. The text of Section 146 -39(B) is hereby amended to read as follows: "B. A record of such inspection and approval shall be kept on file in the offs Ge of the Department of Planning, Building and Development[ ] and shall be available for public inspection upon request." The text of Section 146 -39(D) is hereby amended to read as follows: "D. The Electrical Inspector is hereby empowered to disconnect or to order the discontinuance of electrical service to such wiring, devices and /or material found to be defectively installed or having become damaged or deteriorated to the degree that life and property are endangered. Reconnection of such service shall not be made without the specific approval of the Electrical Inspector or the Director of Code Enforcement[B iilding Gemmissienor] " The text of Section 146 -39(F) is hereby amended to read as follows "F. The fees for inspection shall be fixed and uniform for all installations in accordance with the schedule filed in the office of the Director of Planning and Development[g Gernmissinnor] and available for public inspection." §146 -41. Service Connections. The text of Section 146 -41(A) is hereby amended to read as follows: "A. No public service corporation shall install a meter or make a service connection to any installation of electric wiring for which a certificate or memorandum of approval is required by the Director of Code Enforcement[Building Gemmissiene ] until such certificate or memorandum has been issued to such service corporation, except as provided by the issuance of temporary permits." §146 -42. Administration; hearings. The text of Section 146 -42 is hereby amended to read as follows: " §146 -42. Administration; hearings. A. In general, all matters arising under and properly belonging to electrical installations prior to and including approval shall be administered by the Director of Code Enforcement[Bu+Id+og Gemmissinnor]; and matters subsequent to approval conceivably affecting the work of the Fire Department shall be administered by the Fire Chief of the City. In matters involving both departments, these officers shall cooperate and shall be assisted by the Electrical Inspector. B. When the Electrical Inspector condemns all or part of an electrical installation, the owner may, within 10 days after receiving written notice from the inspector, file a petition for review of said action with the Director of Planning and Development[B iilding Gernmissienor] The Director of Planning and Development[ ] or his /her designee shall present the case to the Building Code Board of Appeals. At the hearing, the petitioner or the petitioner's agent shall be given the opportunity to show cause why such order should be IFQ GPA Committee May 15, 2013 modified or withdrawn. The decision of the Board shall be final, unless court action is instituted within 30 days." §146 -43. Disputes. The text of Section 146 -43(A) is hereby amended to read as follows: "A. In case of a dispute between an electrician and the Electrical Inspector and /or the Director of Code Enforcement[ ] as to the proper interpretation of any of the provisions of this article, the Director of Planning and Development[Building G^mmissi„ nor] or his /her designee shall report the facts to the Building Code Board of Appeals, which shall set a date for a hearing." Article VI — Heating and Ventilation §146 -45. Registration; fees; bonds. The text of Section 146 -45 is hereby amended to read as follows: " §146 -45. Registration; fees; bonds. A. No person shall hereafter engage in, carry on or conduct the business of heating and /or ventilating engineer, contractor or installer within the City unless or until he /she has first obtained a certificate of registration from the [GffiGe of thel Department of Planning, Building and Development[B iildinn Gernmissienor] B. Each application for registration shall be accompanied by payment of a fee of $50. Registrations must be renewed annually. Payment for renewal of registration must be received by February 1. C. All applicants for registration must present evidence of an insurance liability bond, and renewal certificates of such bonds must be filed annually in the [nffi ef the] Department of Planning, Building and Development[Building Gernmissionor] " §146 -48. Registration or approval required. The text of Section 146 -48(B) is hereby amended to read as follows: "B. No public service corporation shall make a service connection to any heating and /or ventilating apparatus for which a certificate or memorandum of approval is required by the Director of Planning and Development or designee[R„ildinn r- ^mmicci„ nor] until the same has been issued." Article VII - Penalties §146 -50. Penalties for Offenses. The text of Section 146 -50(A) is hereby amended to read as follows: "A. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, equip, use or occupy any building or structure or portion thereof in violation of any provision of law or ordinance as well as any regulation or rule promulgated by the Director of Planning and Development or designee[Building Gernmissione ] in accordance with applicable laws, or to fail in any manner to comply with a notice, directive or order of the Director of Planning and Development or designee[Building GOMMOSSOeRe ] or to construct, alter, use or occupy any building or structure or part thereof in a manner not permitted by an approved building permit or `111001 GPA Committee May 15, 2013 certificate of occupancy. No person shall commence any work for which a building permit is required without first having obtained a building permit issued by the Building Department." The text of Section 146 -50(C) "C. Any person who shall fail to comply with a written order of the Director of Planning and Development or designee[Building Gemmissie% within the time fixed for compliance therewith and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building or any property who shall knowingly violate any of the applicable provisions of law or any lawful order, notice, directive, permit or certificate of the Director of Planning and Development or designee[Building Gernmissiene ] made thereunder shall be punishable by a fine of not less than $250 nor more than $500. Each day that a violation continues shall be deemed a separate offense." §146 -55. Penalties for aggravated violation. The text of Section 146 -52 is hereby amended as follows: " §146 -55. Penalties for aggravated violation. If any person fails to comply with the written order of the Director of Planning and Development or designee[Building GOMMOSSOORe ] within the time fixed for compliance therewith or if any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building or any property should knowingly violate any of the applicable provisions of law or any lawful order, notice, directive, permit or certificate of the Director of Planning and Development or designee[Building Gernmissione ] made thereunder and, as a result of such failure to comply or such violation, injury occurs to any person, property or building, whether or not the person, property or building so injured is the cause or subject of said violation(s), then the person who failed to comply with the written order of the Director of Planning and Development or designee[Building Gernmissione ] or the person who knowingly violated the applicable provision of law or order, notice, directive, permit or certificate of the Director of Planning and Development or designee[Buildinn GemmiccienerI shall be guilty of a misdemeanor and shall be punishable by a fine of not more than $1,000 or imprisonment for not more than one year. For the purpose of establishing the maximum amount of fine that may be assessed, each day that a violation continues shall be deemed a separate offense." Section 5. Chapter 160 of the City of Ithaca Municipal Code entitled "Design Review" is hereby amended as follows: §160 -7. Limited design review procedure. The text of Section 160 -7 is hereby amended as follows: " §160 -7. Limited design review procedure. A. The Director of Planning and Development[Buildine Gemmicciener] or his or her designee shall determine whether design review is required when an application for a building permit or demolition permit is submitted. [If the de +ermina+ien is made that design review is required, +he Building Commissioner shall transmit the appliGatien to the DireGtGF of Planning and Deyelopmen+ ] B. If the Director of Code Enforcement or designee determines that design review is required[I Inen reoein+ of the app" alien] the Director of Planning and Development or his or N11 GPA Committee May 15, 2013 her designee shall determine whether the proposal shall be subject to a limited or full design review. C. The Director of Planning and Development or his or her designee shall have the authority to conduct a limited review of proposals of Type II actions. All proposals for Type I or unlisted actions must go to the Planning and Development Board for full review. D. If a proposal may cause public controversy, the Director of Planning and Development may refer the proposal to the Planning and Development Board for full review." §160 -8. Full design review procedure. The text of Section 160 -8(A) is hereby amended as follows: "A. The Director of Planning and Development[B uildiRg Gemmissinnor] or his or her designee shall determine whether design review is required when an application for a building permit or demolition permit is submitted. [if the determination is made that ,Josinn rovio,e, is required, +ho ]„ The text of Section 160 -8(B) is hereby amended to read as follows: "B. If the Director of Code Enforcement or designee determines that design review is required[ ], the Director of Planning and Development or his or her designee shall determine whether the proposal shall be subject to a limited or full design review." The text of Section 160 -8(F) is hereby amended to read as follows "F. All design review recommendations shall be communicated in writing no later than 10 business days after the meeting at which the recommendations are made. A copy shall be sent to the applicant by mail and a copy filed with the Director of Planning and Development[ ]." Section 6. Chapter 170 of the City of Ithaca Municipal Code entitled "Use of City Real Property" is hereby amended to read as follows: §170 -13. Awnings, signs, canopies, marquees and other building projections. The text of §170 -13 (A), (B), (C) is hereby amended to read as follows: (A) "The provisions of this section shall be enforced by the Director of Planning and Development or des ignee[R„iiainr r- r.mmissieRer] and, as applicable, the Fire Department. (B) Any person who seeks to construct, install or maintain an awning, canopy, sign, marquee or other building projection such that it constitutes an encroachment upon City property, shall require a license, as described herein. Any such awning, canopy, sign, marquee or other building projection for which an application for construction, installation or substantial replacement is received, after the effective date of the amendment of this chapter that was enacted on May 6, 2009, shall also require a building permit from the Department of Planning, Building and Development[ ] and shall be subject to the provisions of this section. The Director of Planning and 21 GPA Committee May 15, 2013 Development or designee[ ] may require the submission of drawings or other materials prior to ruling on the request for such a building permit." (C) Awnings. No person shall place or maintain any awning over any sidewalk unless the same shall be supported by metal rods and a frame. Every part of such awning and the supports therefor shall be at least seven feet above the sidewalk except for a nonrigid valance hanging no more than one foot below the rigid frame. Following the granting of a license for encroachment, the installation of a standard awning shall not require the review of any other City agency other than the Director of Planning and Development or designee[Building Gernmissione ], except for installations normally within the purview of the Ithaca Landmarks Preservation Commission or which are associated with properties described in § 170 -6B, above." The text of Section 170- 13(E)(2) is hereby amended as follows: E Marquees, canopies and other building projections; location and installation specifications. "(2) The installation of a standard canopy shall not require the review of any City agency other than the Director of Planning and Development or designee[Building Gernmissio ], except for installations normally within the purview of the Ithaca Landmarks Preservation Commission or which are associated with the properties described in § 170 -6B, above." The text of Section 170 -13(G) is hereby amended to read as follows "(G) Disapproval of design by the Director of Planning and Development or designee[Buildinn Gernmissionor]; appeal. Should the Director of Planning and Development[B ,ildinn Gemmissionor] or designee disapprove the design of a proposed awning, canopy, marquee or other building projection, for any reason, he /she shall notify the applicant by the most expedient means, stating the reasons for such disapproval. In the event that no agreement on an acceptable design is reached between the applicant and the Director of Planning and Development or designee[B iilding Gernmissionnr], the applicant shall have the right to appeal the [Building i'nmmiccinnnr'c] decision of the Director of Planning and Development or designee to the Planning and Development Board, unless the property in question has been designated an historic landmark or is within an historic district, in which event the appeal shall be to the Ithaca Landmarks Preservation Commission. In issuing its determination, the Planning and Development Board or the Ithaca Landmarks Preservation Commission, as the case may be, may solicit the opinions of the Superintendent of Public Works, the Police Chief[,] or the Fire Chief[ or the Dirnr+nr of Dlonninry and Deyelnmmen#] " Section 7. Chapter 178 of the City of Ithaca Municipal Code entitled "Exterior Property Maintenance Ordinance" is hereby amended to read as follows: §178 -7 Notification when city intends to correct violation; snow or ice and graffiti removal; hearings for contested notices or billings; failure of property owner to comply. The text of Section 178 is hereby amended to read as follows: "A. Except as otherwise specified in this subsection, in any case in which the City intends to correct a violation of this chapter and then bill the property owner for the correction of the violation, the Director of Planning and Deyelopment[Building ] or his /her 22 GPA Committee May 15, 2013 designee shall notify the owner of the property and, where relevant, the registered agent who has assumed responsibility as outlined in § 178 -5 of this Code, in writing, of any violation of this chapter. B. In the case of a violation of § 178 -3J (i.e., failure to clear snow or ice from a sidewalk), notice of such violation or of the City's intention to remedy the violation shall not be required prior to the clearing of such snow or ice by direction of the Superintendent of Public Works, as provided for in § 178- 3J(4); in that case, the bill for such clearing from the City Chamberlain as provided for in said subsection shall constitute notice of the violation and shall also state that the property owner may contest the billing by making a written request for a hearing before the Board of Public Works in the manner provided for below. C. Any other notice required by this section shall be served in person or by mail to the address appearing on the City tax roll, requiring such person, within a time specified in such notice but in no event less than five days from the service or mailing thereof, to comply with this chapter and to cause the grass, brush or solid waste to be cut back or removed or, if graffiti, to have the same removed so as to comply with this chapter. In the event that graffiti removal is ordered during the winter months, then, upon receipt of a written request from the property owner or agent within the time specified in the notice for removal, the Director of Planning and Development or designee[B uildffiR r Commissir.n °r] may, in his or her discretion extend the compliance period. Such notice shall also state that the property owner may contest the finding of the Director of Planning and Development or designee[B iilydinn Gernmissien °r] by making a written request to have a hearing on the matter held at the next regularly scheduled meeting of the Board of Public Works. D. Any request for such a hearing must be mailed and postmarked or personally delivered to the Director of Planning and Development or designee[Buildinn r-°mmicciGn °r] within the five - day compliance period (or, in the case where the City has billed the property owner for removal of snow or ice from a sidewalk, within five days of the mailing of such bill), and any such written request for a hearing shall automatically stay further enforcement concerning the alleged violation pending such hearing. The decision of the Board of Public Works, by majority vote, shall be binding, subject to any further judicial review available to either the City or the property owner. E. Upon the failure of a property owner to comply with the requirements of § 178 -3J of this chapter, or with the notice of violation of any other provision of this chapter (or, alternatively, to request a hearing as aforesaid within the time limit stated in such notice, or upon a Board of Public Works' determination, after such a hearing, that a violation exists), the Director of Planning and Development or designee[B iilydinn Gemmissien °r] shall refer the matter, by memorandum, to the Superintendent of Public Works, who shall cause such premises to be put in such condition as will comply and shall charge the cost thereof to the owner of said premises, including a charge of 50% for supervision and administration. The minimum charge to the property owner for such work shall be $50. Bills rendered for such services shall be handled in the manner prescribed by § 178 -3J of the Code." §178 -10. Enforcement. The text of §170 -10(B) is hereby amended as follows: "(B) Appearance tickets and appeals. Notwithstanding any contrary Code provision, appearance tickets may be issued by the Director of Planning and Development[B iilding Gemmiooien °r] and /or [Commission °rye] his /her designee(s) charging violations of this chapter or of § 325 -29.3 whenever there is probable cause to believe that said violations have occurred. Any rights to QQ GPA Committee May 15, 2013 administrative appeals to any board or commission of the City of Ithaca mentioned elsewhere in this Code shall not apply as a condition precedent to issuing an appearance ticket charging a violation of this chapter or of § 325 -29.3. Any right to an administrative appeal from a decision or determination of the Director of Planning and Development[R, iilding Commissienor] or other City official with regard to the above Code chapter and section shall apply only in cases in which the City intends to correct the violation and seek to charge the property owner or agent for the costs of correction." Section 8. Chapter 179 of the City of Ithaca Municipal Code entitled "Fill, Excavation and Stockpiling" is hereby amended to read as follows: Article II - Permits §179 -3. Permit required. The text of Section 179 -3 is hereby amended as follows: " §179 -3. Permit required. No person shall deposit on or remove from any parcel in any one twelve -month period more than 50 cubic yards of fill, except in connection with a public work on the parcel or the removal of silt or other recently accumulated materials that block normal flow of a watercourse, without a permit issued by the Director of Planning and Development or designee[Buifd+ng rnmmissionor] " §179 -5. Application for permit; plan. The text for Section 179 -5 is hereby amended as follows: " §179 -3. Application for permit; plan. In applying for such permit, the applicant shall submit to the Director of Planning and Development or designee[ ] a plan of the proposed project showing the owner's full name and address, the property lines, adjacent public ways and abutting properties, the street access to the site, the amount of fill to be deposited or removed, the grades and depths of the proposed deposit or removal, soil types or fill types to be deposited or removed, erosion control during and after construction, projected duration of the project, proposed regrading and replanting of the property upon completion of the project and such other items as the Director of Planning and Development or designee[R„ildin ` r Gernmissionor] may reasonably require to adequately review the proposed project. Where application is made by a person other than the owner of the parcel, the application shall be accompanied by an affidavit of the owner that the proposed work is authorized by the owner and that the applicant is authorized to make such application." §179 -6. Grant or denial of permits; conditions. The text of Section 179 -6 is hereby amended as follows: " §179 -6. Grantor denial of permits; conditions. A. The Director of Planning and Development[R„ilding Gernmissienor] or his /her designee shall grant a permit for such fill and /or excavation, provided that the plan of the proposed project complies with all provisions of this chapter and demonstrates that the property and the surrounding properties will be protected from significant adverse consequences of such deposits or removal, including, when completed, adverse drainage, erosion or visual or other adverse impacts. 24 GPA Committee May 15, 2013 B. In considering whether to grant such a permit, the Director of Planning and Development[Building GnmmiSSOeRor] or his /her designee shall take into account, in addition to the factors set forth in this chapter, the distance of the operation from neighboring properties and public ways, the possible detriment of such use to the future development of the land in question and significant nuisance or detriment of the operation to neighboring landowners and the community as a whole. C. The Director of Planning and Development[ ] or his /her designee may impose such conditions upon the applicant as the Director of Planning and Development[Buildin^ GOmmiccinnor] or his /her designee deems necessary to protect the general welfare of the community, which may include a time limit upon operations, standards for performance such as rapid stabilization of the soil by seeding or other means at any stage during the project and /or a requirement that a performance bond in an amount determined by the Director of Planning and Development[Buildinn Gemmissinnor] or his /her designee be posted to insure compliance with the requirements of this chapter and with any other further reasonable provisions imposed by the Director of Planning and Development[Build+ng Gemmiccinnorl or his /her designee." §179 -8. Applicability. The text of Section 179 -8 is hereby amended as follows: " §179 -8. Applicability. This article shall not apply to the stockpiling of fill or other materials for sale or resale, nor shall it apply to the maintenance of existing driveways or parking lots or to the application of sod on existing lawn areas, nor shall it apply to a project which is reviewed in Chapter 276, Site Development Plan Review; provided, however, that it shall apply to projects subject to site development plan review until site development plan review approval has been issued. This article shall also not apply to a project for which a building permit has been issued where the deposit or excavation of fill is included within the work covered by such permit, provided that, in determining whether to issue such a building permit, the Director of Planning and Developmen [BuildiRg GOMMOSSOGRe ] or his /her designee shall be entitled to receive the information contained in § 179 -5; shall consider the factors referred to in § 179 -6; and shall be authorized to impose the conditions referred to in § 179 -6." Article III — Stockpiling for sale or resale §179 -9. Permit Required. The text of Section 179 -9 is hereby amended as follows: " §179 -9. Permit Required. No person shall deposit on any parcel more than 50 cubic yards of fill or other materials for sale or resale, except in connection with a public work on the property, without a permit to be granted by the Director of Planning and Development[B iil.ding Gnmmiooinnor] or his /her designee. The Board of Public Works shall not be required to obtain a permit pursuant to this chapter for the deposit of fill or other materials for sale or resale but shall ensure that, in connection with every project of the Department of Public Works in which more than 50 cubic yards of fill or other materials are deposited for sale or resale, the project is designed and carried out in a manner which promotes and protects the objectives and policies behind this chapter." §179 -10. Application for permit; plan. The text of Section 179 -10 is hereby amended as follows: ik11 GPA Committee May 15, 2013 " §179 -10. Application for permit; plan. In applying for such permit, the applicant shall submit to the Director of Planning and Development or designee[Building Commissione ] a plan of the proposed stockpiling for sale or resale showing the owner's full name and address, the actual property lines of the parcel and the location on the parcel where the material will be deposited and stored, the adjacent public ways and abutting properties, the amount of material to be stored, the projected duration of the storage of such material, procedures to prevent blowing or dispersal of the material or the material otherwise being transported off the site by wind or water and such other information as the Director of Planning and Development[B iil.ding Commissioner] or his /her designee may reasonably require to adequately review the proposed project. Where application is made by a person other than the owner of the parcel, the application shall be accompanied by an affidavit of the owner that the proposed project is authorized by the owner and that the applicant is authorized to make such application." §179 -11. Grant or denial of permit; conditions. The text of Section 179 -11 is hereby amended as follows: " §179 -11. Grant or denial of permit; conditions. The Director of Planning and Development[B iil.diRg GGMMicciOnor] or his /her designee shall grant a permit for stockpiling for sale or resale, provided that the plan of the proposed project complies with all the provisions of this chapter and demonstrates that the parcel and the surrounding properties will be protected from significant adverse consequences of such stockpiling. The Director of Planning and Development[ ] or his /her designee may impose such conditions on the applicant as the Director of Planning and Developmen [BuildiRg COMMOSSOGRe ] or his /her designee deems necessary to protect the general welfare of the community, which may include a time limit upon operations and standards for performance, such as rapid stabilization of the soil by seeding or other means at any stage during the project and a requirement that a performance bond in an amount to be determined by the Director of Planning and Development[B iil.ding Commissienor] or his /her designee be posted to insure compliance with the requirements of this chapter and with any other further reasonable provisions imposed by the Director of Planning and Developmen [Building Gemmissiene ] or his /her designee." Article IV — Fees. §179 -13. Application fees. The text of Section 179 -13 is hereby amended as follows: " §179 -13. Application fees. An application fee shall be charged for each fill or excavation permit and each stockpiling permit that is reviewed by the Director of Planning and Development[ ] or his /her designee. The fee for a fill or excavation permit when 100 or more cubic yards of fill are being deposited or removed shall be $100. The fee for a stockpiling permit or for a fill or excavation permit where less than 100 cubic yards of fill are being deposited or removed shall be $25." Section 9. Chapter 186 of the City of Ithaca Municipal Code entitled "Flood Damage Prevention" is hereby amended to read as follows: §186 -7 Basis for establishing areas of special flood hazard. The text of Section 186 -7 is hereby amended as follows: We GPA Committee May 15, 2013 " §186 -7 Basis for establishing areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled the "Flood Insurance Study for the City of Ithaca, of Tompkins County, New York," dated March 30, 1981, with accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps, are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and maps are on file at the ^ffiGe Of the Department of Planning, Building and Development[Buildinn Gernmissionor] of the City of Ithaca." §186 -11 Designation of local administrator. The text of Section 186 -11 is hereby amended as follows: " §186 -11 Designation of local administrator. The City of Ithaca Director of Planning and Development[B iildinn ('nmmiccinnnr] or his /her designee is hereby appointed local administrator to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions." Section 10. Chapter 210 of the City of Ithaca Municipal Code entitled "Housing Standards" is hereby amended to read as follows: Article II — Space Requirements §210 -8. Maximum number of occupants in dwelling units. The text of Section 210 -8(E) is hereby amended as follows: "(E.) The Director of Planning and Development[ ] or his /her designee shall, after consultation with the appropriate representatives of the Ithaca Fire Department, have the authority to grant a temporary variance from the requirements of this section. (1) In considering whether to grant such variance, the Director of Planning and Development or designee[Ri iprunn (nmmiccinnor] shall consider the following factors: (a) Whether the granting of such variance would adversely affect the health or safety of the occupants of the premises or the occupants of adjacent premises. (b) Whether the premises complies with any other recognized occupancy standards. (c) The hardship which would be imposed on the owner of the premises and /or the prospective occupants of the premises if the variance was not granted. (d) The inability of the owner of the premises to have the decision as to whether a variance should be granted decided in a timely manner by the Housing Board of Review. (2) Any variance granted under this section shall be valid only for a period of two months after this grant." Article VII — Residential Rental Units §210 -43. Certificate of Compliance. The text of Section 210- 43(C), (D), (J) is hereby amended as follows: 27 GPA Committee May 15, 2013 "(C)Certificate of compliance shall not be issued to: (1) Any rental unit that is in violation of any application City or state code. (2) Any rental unit located on a property for which there is an outstanding warrant for a violation under any section of Chapter 178. (3) Any rental unit which is not in compliance with all orders of the Director of Planning and Development or designee[B uildiRg GGMMiGSiGnor] " (D) Failure of an owner of any rental unit to hold a valid certificate shall be deemed a violation of the Housing Code, and such dwelling may be ordered by the Director of Planning and Development or designee[B uildiRg GemmissieRe to be vacated until the property is brought into compliance with this chapter. 1 (J) The exclusive administrative remedy for a property owner wishing to appeal the amount of the bill which has been established pursuant to Subsection G is to file a notice of appeal with the Director of Planning and Development[B iildiRg GGmmiccienor] within seven days of the mailing date to the property owner of the bill for the inspection services. When a notice of appeal is filed, the Director of Planning and Development[ ], using the regulations of the Housing Board of Review, shall schedule the matter at the next possible regular meeting of the Housing Board of Review. The property owner then has the responsibility to perfect the appeal to the Housing Board of Review by submitting three copies of the appeal and detailing the reasons why the property owner believes the fee is not justified. The property owner bears the burden of establishing that the accounting submitted by the inspector of the time spent for initial inspection, correspondence, review of the appropriate files, transportation, further inspections or other time spent is inaccurate. The Housing Board of Review shall have the authority to approve or reject such appeal in whole or in part." §210 -44. Dwelling unit information form The text of Section 210 -44 is hereby amended as follows: " §210 -44. Dwelling unit information form. Before issuing a certificate of compliance, the Director of Planning and Developmen [Building Gernmicci or his /her [day] designee shall secure a rental property information form, completed and signed by the property owner, which includes such information as: A. The number of dwelling units. B. The number of residents in each dwelling unit. C. The number of sleeping rooms in each dwelling unit D. The number of families living in each dwelling unit. E. The number of unrelated individuals in each dwelling unit. F. The number of vehicles owned by residents of the premises. N-01 GPA Committee May 15, 2013 Article IX - Administration §210 -49. Notice of violations. The text of Section 210 -49(A) is hereby amended as follows: "(A) Whenever the Director of Planning and Development or designee[Building Gernmissione ] determines that there are reasonable grounds to believe that there has been a violation of any provision of this Part 2, the Director of Planning and Development[g GGmmicci or his /her designee shall give notice of such alleged violation to the person to whom the permit was issued, as herein provided." §210 -50. Hearing before Common Council The text of Section 210 -50(A) is hereby amended as follows: "(A) Petition for hearing; procedure. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Part 2 may request and shall be granted a hearing on the matter before the Common Council. Such person shall file in the office of the City Clerk a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 15 days after the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension, except in the case of an order issued under § 210 -51. Upon receipt of such petition, the Common Council shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner and the Director of Planning and Development or designee[i3ng Gernmissione ] shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 30 days after the day on which the petition was filed. The Common Council may postpone the date of the hearing for a reasonable time beyond such thirty -day period when, in its judgment, good and sufficient reasons exist for such postponement." §210 -51. Emergency orders. The text of Section 210 -51 is hereby amended as follows: " §210 -51. Emergency orders. Whenever the Director of Planning and Development or designee[BU41ding Gemmissione ] finds that an emergency exists which requires immediate action to protect the public health, safety or welfare, he /she may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as he /she may deem necessary to meet the emergency, including the suspension of the permit. Notwithstanding any other provisions of this Part 2, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately but, upon petition to the Common Council, shall be afforded a hearing as soon as possible. The provisions of § 210 -50 shall be applicable to such hearing and the order issued thereafter." §210 -53. Permit fees. The text of Section 210 -53(A) is hereby amended as follows: "(A) A permit fee based upon the following schedule shall be paid to the City of IthacaSify Commissioner] Building together with an application for an original permit or for a renewal permit: The minimum fee shall be $25 or $1 per mobile home lot, up to a maximum fee of $50, whichever is greater." 40.1 GPA Committee May 15, 2013 §210 -54. Application for permit. The text of Section 210 -54 is hereby amended as follows: " §210 -54. Application for permit. A. Original. (1) Application to Director of Code Enforcement[ ]. The application for an original permit, in writing and signed by the developer, shall be made to the Director of Code Enforcement[Builr !Rg Gnmmiccinnor] (2) Contents. The application shall contain the following: (a) The name and address of the developer. (b) The location and a legal description of the area proposed for the mobile home park. (c) A scale map illustrating: [1 ] The plan of the proposed park, including the number of lots, lot sizes, locations, recreation areas and service buildings. [2] The ownership of abutting properties and the present use of said properties. [3] Existing and proposed access and egress routes, and the location and width of existing and proposed roadways, walkways and right -of -way easements. [4] The present and proposed sewer, water and other utility lines and structures. [5] Any unusual or special land features, such as streams, creeks, areas subject to flooding and areas of steep slopes in excess of 15 °. [6] A planting plan showing all existing and proposed trees, shrubbery and other plantings, lawn areas and all other information necessary to indicate the extent of landscaping and plantings. [7] The location and details of lighting and electrical systems. [8] Existing and proposed contours of the park area at maximum intervals of five feet. [9] Existing and proposed stormwater drainage systems. (d) Such other and further information as the Director of Planning and Development[Building Gemmissienor] may determine necessary to ascertain compliance with this Part 2. B. Renewal. The application for renewal of a valid permit, in writing and signed by the developer, shall be made to the Director of Planning and Development or designee[Building Gemmissienor] before the first day of December. The application shall contain the following: (1) The name and address of the developer. (2) The serial number of the permit requiring renewal. (3) Any change in information submitted since the original permit was issued or the latest renewal granted. If there have been no changes, the application shall so state." 011 GPA Committee May 15, 2013 §210 -55. Review by Planning and Development Board. The text of Section 210 -55 (A) is hereby amended as follows: "(A) Transmittal to Planning and Development Board. When the Director of Planning and Development or designee[ ] is satisfied that the original or renewal application appears complete and in the required form, he /she shall transmit said application to the City Planning and Development Board for its consideration." §210 -56. Action by Common Council. The text of Section 210- 56(D), (E) is hereby amended as follows: "(D) Furnishing copy to developer. A copy of the Common Council's determination shall be mailed to the developer. The application and supporting documents, together with the Common Council's determination, shall be filed in the [^ffiGe of the] Department of Planning, Building and Development[B iildiRg Gera MiSS'O e ] " "(E) Procedure upon approval. If the Common Council approves the application or approves the application with modifications which are accepted by the developer, the Director of Planning and Development or designee[B iildin„ GeMMOSSIe e ] shall issue the original or renewal permit, as appropriate." Article X — Design Requirements §210 -71. Recreational, Community and Open Spaces. The text of Section 210 -71(B) is hereby amended as follows: "(B) The Planning and Development Board may recommend and the Director of Planning and Developmen [Building Commissione ] or his /her designee may establish such conditions on the ownership, use and maintenance of open recreation spaces as deemed necessary to assure the preservation of such open spaces for their intended purposes." Article XII — Administration §210 -74. Administrative Personnel. The text of Section 210 -74 is hereby amended as follows: " §210 -74. Administrative Personnel. A. The Director of Planning and Development or designee[B iilding Gemmiccinr,or] shall administer and secure compliance with the applicable housing standards. B. The Director of Planning and Development or designee[B iilding GemmisSinnor] shall have as his /her representatives such assistants and inspectors as may be necessary to carry out effectively the powers and duties of his /her office. C. All personnel shall be qualified and appointed as prescribed by law and shall be furnished with appropriate official badges or identification cards. D. All personnel shall be free from personal liability for acts done in good faith in the performance of their official duties." 31 GPA Committee May 15, 2013 §210 -75. Powers and Duties of Building Commissioner. The text of Section 210 -75 is hereby amended to read as follows: "§210-75. Powers and Duties of Director of Planning and Development in Relation to Housing Standards[B iilyd!Rg GeMMiooienor] " A. The Director of Planning and Development[Building Gemmissin nor] shall be charged with the duty of administering the applicable housing standards and securing compliance therewith and shall be empowered to adopt rules and regulations necessary for securing such compliance, provided that such rules and regulations shall not be in conflict with the applicable housing standards. B. The Director of Planninq and Development[ ], his /her assistants and inspectors shall be authorized to conduct surveys of housing in any area of the municipality to determine the condition of the premises, extent of deterioration, the lack of facilities, inadequate maintenance, unsafe and unsanitary conditions, the extent of overcrowding, land use and other relevant factors. C. It shall be the duty of the Director of Planning and Development or designeerlai (`�mmicci� nor]: (1) To cause periodic rental housing inspections to be made at least once every five years of all rental dwelling units that are either a single - family unit or a two - family unit, at least once every three years of all rental dwellings with three or more units or rental dwelling units with five or more unrelated occupants residing with any one family and at least once a year of all student housing, dormitories, fraternities and sororities, for compliance with the New York State Uniform Fire Prevention and Building Code, New York State Multiple Residence Law, City of Ithaca Municipal Code and all applicable housing standards. Inspections may be made more often or of any dwelling unit at the discretion of the Director of Planning and Development or designee[g ]. (2) To cause an investigation of all complaints of alleged housing violations or other unsafe or unsanitary conditions. (3) To order, in writing, the remedying of all conditions found to exist in or on any premises in violation of provisions of the housing standards or of rules and regulations adopted by the agency, to state in the violation order a reasonable time limit for compliance therewith and, where necessary, to order the vacation of premises found unfit for human habitation. (4) To request the chief legal officer of the municipality to take appropriate legal action in the name of the agency upon failure of the responsible party to comply with such violation order within the time specified therein. (5) To cause a search of the municipality's records of housing violations existing on any premises and to issue a certified statement thereof upon receipt of written request and payment of any fees required by local law or ordinance. (6) To study housing conditions in the municipality. ON GPA Committee May 15, 2013 (7) To cooperate with other municipal, governmental and private agencies engaged in the study and improvement of housing conditions. D. Where violations of the housing standards exist and pose an immediate hazard or danger to the health, safety or welfare of building occupants or of the public, the Director of Planning and Development or designee[BuiIdinn Gernmissionorl may, without prior notice or hearing, issue an order citing the violation and directing such action by such municipal officer, department or board as is necessary to remove or abate the immediate hazard or danger. Notwithstanding any other provision of this code, such order shall be effective immediately upon service and shall be complied with immediately or as otherwise provided." §210 -76. Inspection. The text of Section 210 -76(B) is hereby amended as follows: "(B) Owners, agents, operators and occupants shall be responsible for providing access to all parts of the premises within their control to authorized agency personnel acting in the performance of their duties. In the event of refusal or failure to provide such access as herein provided, a warrant may be issued by the City Judge and /or an appearance ticket may be issued by the office of the Director of Planning and Development or designee[BuildiRg ('nmmicciGRe f] " §210 -77. Records. The text of Section 210 -77 is hereby amended as follows: " §210 -77. Records. The Director of Planning and Development or designee[R, dirdinn Gnmmiccinnor1 ) shall keep records of all complaints received, inspections made and violations found regarding premises regulated by the housing standards. Records shall be kept in a manner and form as prescribed by local law, ordinance or regulation or direction of the Housing Board of Review and shall be available for public inspection." §210 -78. Housing Board of Review. The text of Section 210 -78 is hereby amended as follows: " §210 -78. Housing Board of Review A. The Housing Board of Review shall consist of five persons, each to serve a term of three years. The members of the Board that is in existence at the time of the passage of this chapter shall continue to the end of their previously appointed terms. The Mayor shall appoint persons to fill vacancies that occur at the termination of such terms or due to resignation, in which case the appointment will be made to fill out the term from which the member resigned. B. The Secretary of the Board shall be the Director of Planning and Development or designee[B mi dinn Gemmissiono Jrl. The Board of Review shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter, and all its orders and resolutions shall be in accordance therewith. These rules and regulations shall be in effect when filed with the City Clerk. The Board, at its first meeting of the year, shall elect one of its own members as Chairperson. In the absence of the Chairperson at any meeting, the Board shall choose an Acting Chairperson for that meeting. 091 GPA Committee May 15, 2013 C. The duties of the Housing Board of Review shall be to hear appeals for variances from the orders of the Director of Planning and Development or designee[B iil,ding Gemmissionor] and to afford relief in such cases where, in its opinion, strict enforcement of the order would create practical difficulties or unnecessary hardship." §210 -79. Hearings. The text of Section 210- 79(A)(2) is hereby amended as follows: "(2) Any person issued an order by the Director of Planning and Development or designee[ ] to vacate a building due to a violation of this chapter or due to imminent danger as stated in the Property Maintenance Code of New York State shall be granted a hearing before the Housing Board of Review, provided that such person shall file with the Secretary of the Board a written petition requesting such hearing and setting forth a statement of the grounds therefor within five business days after the service of such order." Article XIV — Penalties §210 -87. Other remedies. The text of Section 210 -87 is hereby amended as follows: " §210 -87. Other remedies. The City Controller or the Common Council may direct the Director of Planning and Development or designee[B uillding Gemmissionor] to maintain an action or proceeding in the name of the City in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter or any rule or regulation adopted pursuant hereto notwithstanding the imposition of the above penalty or punishment for such violation." Section 11. Chapter 228 of the City of Ithaca Municipal Code entitled "Landmarks Preservation" is hereby amended to read as follows: §228 -3. Designation of individual landmarks or historic districts. The text of Section 228 -3(D), (H) is hereby amended as follows: "(D) Notice of a proposed designation shall be sent to the owner or owners of the property or properties proposed for designation, describing the property proposed, or if in a district, the proposed district boundary, and announcing a public hearing by the Commission to consider the designation. Where the proposed designation involves so many owners that the Commission deems individual notice to be infeasible, notice may instead be published at least once in the City's official newspaper at least 15 days prior to the date of the public hearing. Once the Commission has issued notice of a proposed designation, no building permits or demolition permits shall be issued by the Department of Planning, Building and Development[g GemmissiGnor] as long as the proposed designation is under active consideration by the Commission and until the Commission has made its decision, but in any event no longer than 60 days after completion of the public hearing." "(H) Any designation approved by the Council shall be in effect on and after the date of approval by Council. The Commission shall forward notice of each property designated as an individual landmark and the boundaries of each designated historic district to the Director of Planning and Developmen [BuildiRg GOMMOSSiGRe ] and the City Clerk for recordation." [i1! GPA Committee May 15, 2013 §228 -6. Certificate of appropriateness application procedure. The text of Section 228 -6(G) is hereby amended as follows: "(G) All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by mail, and a copy filed with the Director of Planning and Development[ and City Clerk for public inspection, within 10 days of the date of the decision. The Commission's decisions shall state the reasons for denying or modifying any application." §228 -10. Finding of economic hardship application procedure. The text of Section 228 -10(D) is hereby amended as follows: "(D) All decisions of the Commission shall be in writing and shall state the reasons for granting or denying the requested finding of economic hardship. A copy shall be sent to the applicant by mail and a copy filed with the Director of Planning and Development[Building Gernmissione ] and City Clerk for public inspection within 10 days of the date of the decision." §228 -12. Enforcement; violations; penalties for offenses. The text of Section 228 -12 is hereby amended as follows: " §228 -12. Enforcement; violations; penalties for offenses. A. All work performed pursuant to a certificate of appropriateness issued under this chapter shall conform to the requirements included therein. It shall be the duty of the Director of Planning and Development or designee[B iilding Gemmissienor] to inspect periodically any such work to assure compliance. In the event work is found that is not being performed in accordance with the certificate of appropriateness, the Director of Planning and Development or designee[Buildinn Gemmissienor] shall issue a stop -work order, and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop -work order is in effect. B. Any owner or person in charge of a property who demolishes or alters a property in the absence of a certificate of appropriateness, a finding of economic hardship, or approval by the Secretary of the Commission pursuant to § 228 -6C of the City Municipal Code may be required to restore the property and its site to its appearance prior to the violation. C. If, in the judgment of the Commission, a violation of § 228 -11 exists that will result in a detrimental effect upon the life and character of a designated historic property or on the character of an historic district as a whole, the Commission shall notify the Director of Planning and Development or designee[B iilding Gemmissienor]. If, upon investigation, the Director of Planning and Development or designee[Building ] finds noncompliance with the requirements of the Property Maintenance Code of New York State, or any other applicable regulation, the Director of Planning and Development or designee[B iilding i OMFRiccir\ nor] shall order such remedies as are necessary and consistent with this chapter and shall provide written notice thereof to the Secretary of the Commission. D. Any violation of any provision of this chapter shall be deemed an offense and shall be punishable as provided in Chapter 1 of the Municipal Code, General Provisions, Article I, Penalties. Each day's continued breach shall constitute a separate additional violation. In addition, the City shall have such other remedies as are provided by law to enforce the provision of this chapter." K61 GPA Committee May 15, 2013 Section 12. Chapter 240 of the City of Ithaca Municipal Code entitled "Noise" is hereby amended to read as follows: Article III — Other Provisions §240 -14. Permit procedures for certain activities. The text of Section 240- 14(E), (F), (G) is hereby amended as follows: "(E) The application shall be made to the Superintendent of Public Works, or his /her designee, in connection with construction work on public rights -of -way or in parks; to the Director of Planning and Development[ ], or his /her designee, for all other construction projects; and to the Mayor, or his /her designee, for any other events. The issuance of permits shall be discretionary, and a permit shall be issued only where the responsible official determines that such permit is reasonable and necessary and will allow an activity that is consistent with the general purposes of this chapter, as stated in § 240 -2. When determining if a permit should be issued, factors the official shall consider shall include but are not limited to the volume of the noise, the proximity of the noise to sleeping facilities, the time of the day or night the noise occurs, the time duration of the noise, and the impact of the noise on persons living or working in different places or premises who are affected by the noise. Any permit granted shall state that the permit only applies to this chapter, and that § 240.20, Subdivision 2, of the Penal Law of the State of New York, Disorderly Conduct, provides that "a person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm or recklessly creating a risk thereof:... he makes unreasonable noise." (F) In order to further the purposes of this chapter and to facilitate its implementation and enforcement, the Superintendent of Public Works, the Director of Planning and Development[Building Gemmissienor] and the Mayor, or their designees, shall have authority to impose such conditions as they determine are reasonable and necessary on permits they issue pursuant to this section. Such conditions may govern factors which include but are not limited to the time and location the involved sound source may be utilized. (G) The Superintendent of Public Works, the Director of Planning and Development[BLA +ld iRg GemmissieFw] and the Mayor or their designees shall provide the Chief of Police with a copy of any permit issued pursuant to this section." Section 13. Chapter 272 of the City of Ithaca Municipal Code entitled "Signs" is hereby amended to read as follows: §272 -5. Prohibited signs. The text of Section 272 -5(D) is hereby amended as follows: "(D) Any sign displaying flashing or intermittent lights or lights changing degrees of intensity, except a sign indicating time or temperature, with changes alternating on not more than five - second cycles when such time or temperature sign does not constitute a public safety or traffic hazard in the judgment of the Director of Planning and Development or designee[Bu+lding Corn missionor]• 0 provided, however, that no such sign shall be permitted in any historic district." §272 -6. Signs permitted in all districts. The text of Section 272- 6(A)(6) is hereby amended as follows: We GPA Committee May 15, 2013 "(6) Murals. (a) Where any part of a mural will be visible from a public way, a description and a drawing of the proposed mural shall be submitted to the Department of Planning, Building and Development[B iilldinn COMMiccienor] for a determination as to whether such mural, or any part thereof, would constitute signage within the meaning of the definitions of "mural" and "sign" in § 272 -3 above. The description submitted shall fully explain the proposal in terms of size, location on the property, graphic /pictorial content and relationship to any signage existing or proposed for the property to aid the Department of Planning, Buildinq and Development[ ] in making his /her determination. (b) Upon receipt of a proposal for a mural for any property subject to the provisions of Chapter 160, Design Review, or Chapter 325, Zoning, Article VIII, Courthouse Special Use Zone, or Chapter 228, Landmarks Preservation, of this Code, or facing such property, the Director of Planning and Development or designee[BuildiRg Gemmissinnor] shall notify the Planning and Development Board, the Public Art Commission, and /or the Landmarks Commission, as applicable, for their information and any appropriate action and shall so inform the applicant. (c) Upon determination by the Director of Planning and Development[Buifding Gemmissinnor] or his /her designee that a proposed mural does not constitute signage, murals not subject to further review as indicated above may be erected without permit or fee. Murals or any part thereof which are determined to be signage shall be subject to the provisions of this chapter for signs." §272 -10. Permit required. The text of Section 272 -10 is hereby amended as follows: " §272 -10. Permit required. Except as otherwise herein provided, no person shall erect any sign, as defined herein, without first obtaining a permit from the Department of Planning, Building and Development[Bu+ld + ng Gemmissienor] 1p §272 -11. Application for Permit. The text of Section 272 -11 is hereby amended as follows: " §272 -10. Permit required. Application for the permit shall be made to the Department of Planning, Buildinq and Development[ ], in writing, in duplicate, upon forms prescribed and provided by the Department of Planning, Building and Development[ng Gemmissienor], and shall contain the following information: A. The name, address and telephone number of both the applicant and the owner of the property on which the sign is to be located. B. The location of the building, structure or land to which or upon which the sign is to be attached or erected. 37 GPA Committee May 15, 2013 C. A detailed drawing or blueprints showing a description of the construction details of the sign and showing the lettering and /or pictorial matter composing the sign; the position of lighting or other extraneous devices; and a location plan showing the position of the sign on any building or land and its position in relation to nearby buildings or structures and to any private or public street or highway. D. Written consent of the owner of the building, structure or land to which or on which the sign is to be erected in the event that the applicant is not the owner thereof. E. A copy of any required or necessary electrical permit issued for said sign or a copy of the application for such permit. F. Such additional information as the Director of Planning and Development or designee[ ] may reasonably require in order to carry out the intent of this chapter." §272 -13. Issuance, expiration and renewal of permit. The text of Section 272 -13(A) is hereby amended as follows: "(A) Director of Planning and Development or designee[ ] to investigate and issue permit. It shall be the duty of the Director of Planning and Developmen [BUildiRg GOMMOGGOORG ] or designee, upon the filing of an application for a permit to erect a sign, to examine such plans, specifications and other data submitted to him /her with the application and, if necessary, the building or premises upon which it is proposed to erect the sign or other advertising structure. If it shall appear that the proposed sign is in compliance with all the requirements of this chapter and other laws and ordinances of the City of Ithaca, New York, the Director of Planning and Developmen [Building Gernmissione ] or designee shall then, within 15 days, issue a permit for the erection of the proposed sign." §272 -14. Conformance required; maintenance; revocation of permit. The text of Section 272 -14(C) is hereby amended as follows: "(C) Revocation for failure to correct violation. In the event of a violation of any of the foregoing provisions, the Director of Planning and Development[ ] or his /her designee shall give written notice, specifying the violation, to the named owner of the sign and the named owner of the land upon which the sign is erected, sent to the addresses as stated in the application for the sign permit, to conform or remove such sign. The sign shall thereupon be conformed by the owner of the sign and the owner of the land within 60 days from the date of said notice. In the event that such sign shall not be so conformed within 60 days, the Director of Planning and Development[R„ildi„^ or his /her designee shall thereupon revoke the permit, and such sign shall be removed by the named owner of the sign or the named owner of the land within 30 days after receipt of notice of permit revocation." §272 -15. Unsafe or dangerous signs. The text of Section 272 -15 is hereby amended as follows: " §272 -15. Unsafe or dangerous signs. If the Director of Planning and Development[R„iIdinn Gernmi6sionor] or his /her designee shall find that any sign regulated by this chapter is unsafe or insecure or is a menace to the 0.01 GPA Committee May 15, 2013 public, he /she shall give written notice to the named owner of the sign and the named owner of the land upon which the sign is erected, who shall remove or repair said sign within 14 days from the date of said notice. If said sign is not removed or repaired, the Director of Planning and Development[ ] or his /her designee shall revoke the permit issued for such sign, as herein provided, and may remove or repair said sign and shall assess all costs and expenses incurred in said removal or repair against the land or building on which such sign was located. The Director of Planning and Development[Buil iRg G„mmiccieRe ] or his /her designee may cause any sign which is a source of immediate peril to person or property or any temporary sign not removed at the expiration of 30 days to be removed summarily and without notice." §272 -16. Historic Signs. The text of Section 272 -16 is hereby amended as follows: " §272 -16. Historic Signs. Historic signs in any zoning district shall be exempt from the requirements to conform, and from other requirements of this chapter, provided that an approved historic sign permit is obtained in accordance with the following: A. Procedure. (1) Requests for retention of signs which are felt to be historic may be made to the Department of Planning, Building and Development[ ] by the owner of the property on which such sign is located, by the owner's agent or by any other party with the owner's consent and shall be made in writing. Each such request shall be accompanied by a statement outlining the reason for the request, including written or pictorial information documenting the sign's history, original and current purpose, colors and other relevant details which may be helpful in evaluating the request. (2) Upon receipt of a completed request form and supporting documentation, the Director of Planning and Development or designee[ ] shall refer the applicant to the Landmarks Commission for a determination as to whether the sign is historic. Upon receipt of a determination from the Landmarks Commission, the Director of Planning and Development[Building Gemmissione ] or designee shall determine whether the sign is related directly to uses currently existing on the premises and, if so, shall proceed as if it were a regular sign permit application, subject to the following: (a) Signs determined by the Landmarks Commission to be historic shall be permitted in addition to conforming signage currently existing on the premises but shall be counted in computing the amount of signage permitted on the premises in the event that additional signs are applied for. Nonconforming, nonhistoric signage on the premises shall be treated as provided in § 272 -14 and shall not preclude approval of historic signs. (b) Consistent with considerations of safety, such signs shall be permitted to retain their original size, shape, location, method of attachment, illumination, projection from building surface and other characteristics. Modifications thereto 041 GPA Committee May 15, 2013 for any purpose shall respect the character and appearance of the original sign, and the reasons for such modification shall be clearly explained in the application. (c) If such sign would be in any respect nonconforming to the provisions of this chapter, it shall be referred to the Board of Zoning Appeals for approval. (3) Historic signs which are clearly unrelated to existing uses of the premises and which conform in all other respects to the requirements of this chapter may be approved without referral to the Board of Zoning Appeals and shall not be counted against the signage permitted on the premises so long as they remain functionally unrelated to existing uses thereon. Historic signs forming an integral part of the original design or ornament of a building shall not be required to be removed, conformed or obliterated in order to comply with the terms of this chapter but shall be reviewed as provided by this section. B. Signs on landmark sites. Signs on sites designated as local landmarks shall be referred to the Landmarks Commission for a determination and a certificate of appropriateness before approval action by the Director of Planning and Development or designee[B uildiRg GGRgR;iccinno or Board of Zoning Appeals. Signs on sites designated as having state or national historic significance but not locally designated shall be referred to the Landmarks Commission for determination as to whether they are historic and shall be governed by applicable regulations. C. Maintenance, repair, alteration and restoration. (1) Approved historic signs shall be maintained in accordance with the provisions of this chapter and other applicable regulations. Approval of an historic sign permit shall bear with it the responsibility of the owner of the sign to maintain and rehabilitate the sign to a state as close to the original condition and appearance as feasible, including the restoration of exposed neon -type illuminating systems to operation. Replacement of original visible components with substitutes to retain the original appearance shall be permitted, provided that such replacements accurately reproduce the size, shape, color and finish of the original. (2) Alterations or repairs to historic signs shall be accomplished using materials which match original materials as closely as possible and which, in any case, are compatible with the original. Historic signs which are severely damaged or deteriorated or which are for other good reason impractical to rehabilitate or repair in their existing condition, including signs remaining basically intact in their original location which have been partly obscured by over - painting or weathering or which have been covered by subsequent building remodeling, may be reproduced in a format as closely matching the original as possible and may be relocated or erected in a position near the original location, consistent with the other provisions of this chapter and with consideration of aesthetics. Alterations, reproductions or relocations of historic signs shall be referred to the Landmarks Commission for approval or a certificate of appropriateness. (3) In the event that a historic sign is not rehabilitated or maintained in accordance with the terms of this subsection within one year of the issuance of a historic sign ![11 GPA Committee May 15, 2013 permit, the Director of Planning and Development or designee[Building I P1mmISSIO e ] shall be authorized to require its maintenance, repair or removal as provided in §§ 272 -14 and 272 -15." §272 -17. Duty and Authority of Planning and Development Board. The text of Section 272 -17 is hereby amended as follows: " §272 -17. Duty and Authority of Planning and Development Board. The Planning and Development Board shall advise the Director of Planning and Development[B ,ilding Gemmissionor] with reference to desirable and effective use of signs for the purpose of enhancing and maintaining the natural beauty and cultural and aesthetic standards of the community. The Planning and Development Board may advertise, prepare, print and distribute pamphlets and other media which, in its judgment, will further these purposes." §272 -18. Variances, Review and Appeal. The text of the first sentence of Section 272 -18 is hereby amended as follows: " §272 -18. Variances, Review and Appeal. Any person aggrieved by any decision of the Director of Planning and Development or designee[ ] relative to the provisions of this chapter may appeal such decision to the Board of Zoning Appeals, as provided in Chapter 325, Zoning, of this Code, and shall comply with all procedural requirements prescribed by said Board of Zoning Appeals, including payment of a fee of $100 to defray the cost of the required legal notice and written notice to all property owners within 200 feet of the boundaries of the proposed sign location." ... Section 13. Chapter 276 of the City of Ithaca Municipal Code entitled "Site Plan Review" is hereby amended to read as follows: §276 -6. Site plan review (SPR) procedures. The text of Section 276 -6(A), (C)(6), (D), is hereby amended as follows: "A. Process Initiation. (1) The Director of Planning and Development[ ] or his /her designee shall determine whether SPR is required when an application for a building permit, a demolition permit, or a fill permit is filed. Such determinations may be appealed to the Planning and Development Board within 30 days of the written notification that SPR is required. (2) For projects which do not require a building permit, as described in 276- 3A(2), the Director may request of the Superintendent of Public Works that a project be subject to SPR. If the Superintendent and Director concur, then the project shall be subject to SPR. If they do not agree, the Director may request that Common Council decide if SPR shall apply. The Director shall, in accordance with 276 -5C, determine if the project requires review by the Board." C. "(6) Communication of decision. The Director of Planning and Development[Building Gemmissienor] and the applicant shall be notified, in writing, of a site plan review decision no later than 10 working days after the date of decision. When a site plan is approved, a stamped 41 GPA Committee May 15, 2013 copy of the approved site plan, including any conditions of approval, shall accompany the notification to the Director of Planning and Development[B uildinn Cemmicciener] „ "(D) Changes to approved site plan. Proposed changes (whether before or after construction) to approved site plans must be submitted to the Department of Planning, Building and Development[ ] for review to determine whether the effect of the proposed changes warrants reconsideration of the project's approval status. The Director of Planning and Development[GeMMicoiener in rend iltatinn with the liirertnr] or designee shall make one of the following determinations: (1) That the proposed changes do not affect the approval status of the site plan. (2) That the changes are significant and shall require a reopening of the review. (3) That the proposed changes are likely to have such an extensive or significant effect on the project that a new SPR application is required." §276 -7. Project review criteria. The text of Section 276- 7(B)(5) is hereby amended as follows: "(5) Notwithstanding any provision of this chapter or any other City ordinance or regulation to the contrary, an approved site plan may not be modified without express written approval of the Planning and Development Board except as approved by the Director of Planning and Development or designee[B ,ildinn (`nmmicoiener u pen Bens Ration with the DirenterI as specified herein above." §276 -9. Performance guaranty. The text of Section 276 -9 is hereby amended as follows: " §276 -9. Performance guaranty. No certificate of occupancy or certificate of completion shall be issued until all improvements required by site plan approval are installed, and including any conditions placed on such approval are fulfilled, or until a sufficient guaranty, in the form of a performance bond, letter of credit or other security, is in place. The Director of Planning and Development[Building Gemmiccinner] or his /her designee shall be responsible for the overall inspection of site improvements." §276 -12. Appeals. The text of Section 276 -12(A) is hereby amended as follows: "(A) The determination (by the Director of Planning and Development[ing GemmissionerI or his /her designee) of whether a development proposal is subject to SPR may be appealed to the Board within 30 days of the written notification that SPR is required." Section 14. Chapter 290 of the City of Ithaca Municipal Code entitled "Subdivision of Land" is hereby amended to read as follows: Article 1 — General Provisions §290 -3. Approval and compliance required for sale of property. The text of Section 290 -3(A) is hereby amended to read as follows: 42 GPA Committee May 15, 2013 "(A) Whenever any lot line is proposed to be adjusted between adjacent landowners and before any sale of property for such lot line adjustment, the owner or the owner's agent shall apply, in writing, to the Department of Planning, Building and Development[B iildinn cnmmiccinnnrl for approval of the lot line adjustment. See Article II." JJ §290 -5. Authorization of Building Commissioner and Director of Planning and Development. The text of the title of Section 290 -5 is hereby amended as follows: ° §290 -5. Authorization of[ Building Ge... ccinnor anti] Planning and Development Board and Director of Planning and Development or Designee." The text of Section 290 -5(B) is hereby amended to read as follows: "(B) The Director of Planning and Development[B iildiRg ('nmmiccinnn I r or his /her designee shall have the authority to implement the provisions of this chapter pertaining to lot line adjustments." Article II — Lot Line Adjustments. §290 -6. Lot Line Adjustment Procedures. The text of Section 290 -6 is hereby amended as follows: " §290 -6. Lot Line Adjustment Procedures. A. Applications for lot line adjustments shall be made in writing to the Department of Planning, Building and Development[B iilding Commissionnrj and shall consist of the following documentation: J (1) Map. A survey map prepared by a licensed engineer or surveyor which indicates the existing lot lines as well as the proposed adjusted lot line on a scale no smaller than one inch equaling 100 feet. (2) Copies of the deeds to the properties in their current configuration, and a proposed deed for the parcel to be conveyed as a result of the lot line adjustment. A metes and bounds description of the properties in their present configuration and the proposed new configuration. (3) Fee. The lot line adjustment application fee in accordance with § 290 -15. B. The Director of Planning and Development[B iildiRg COMMiccinnnr] or desiqnee shall review the application to ensure that the lot line adjustment will not result in violation of any City codes. C. The Director of Planning and Development[B iildinn Gnmmissuenn frl or designee shall have 30 days from the date he receives the application to approve or deny an application for a lot line adjustment. If the application is approved, the Director of Planning and Development[B ,ildinn Gemmissinnorl ( or designee shall issue a certificate of lot line adjustment, which shall be filed in the Tompkins County Clerk concurrently with the deed effecting the lot line adjustment." E91 GPA Committee May 15, 2013 Article III — Plat Approval Procedure §290 -7. General procedure. The text of Section 290 -7(A) is hereby amended as follows: "(A) Subdivision plat. The subdivider shall file a subdivision plat with the Planning and Development Board. If the Planning and Development Board determines that the application is for a lot line adjustment, the Board shall refer the application to the Department of Planning, Building and Development[ ] to be dealt with in accordance with Article 11, and shall inform the owner or the owner's agent of the Board's action." Section 15. Chapter 295 of the City of Ithaca Municipal Code entitled "Swimming Pools" is hereby amended to read as follows: §295 -7. Construction and equipment requirements. The text of Section 295 -7(E) is hereby amended as follows: "(E) Referral to Director of Planning and Development[Buildinn r-^mmicci„ nor]. The Director of Planning and Development[B w1 ding Gernmissionor] or his /her designee shall pass upon the safety and adequacy of the design, materials, construction and equipment of all swimming pools. In doing so, he /she may be guided by the minimum standards for residential pools of the National Swimming Pool Institute." Section 16. Chapter 325 of the City of Ithaca Municipal Code entitled "Zoning" is hereby amended to read as follows: Article 1 — General Provisions §325 -3. Definitions and word usage The text of the definition of "Approved" in Section 325 -3(B) is hereby amended as follows: "APPROVED Approved by the Director of Planning and Development or his /her designee[Building Gernmission, r] under the regulations of this chapter or approved by an authority designated by law or this chapter." The text of the definition of "Fast- Tracking" in Section 325 -3(B) is hereby amended as follows: "FAST- TRACKING That type of construction which divides the design stage into component parts, each story or stage of the building or structure requiring approval by the Director of Planning and Development or designee [Building Gornmissione ] previous to construction: Each story or stage of the building or structure can be built before the design for any subsequent story need to be completed or approved. Fast - tracking does not exempt the owner from any other provisions of this chapter or any other City ordinance. The initial application for fast - tracking shall include the submission of architectural preliminary drawings of the conceptual plan and design, including at least ground plan dimensions and building height, which shall not be altered at any later stage except by express consent of the Director of Planning and Development or designee [ ]." Article III — Special Conditions and Special Permits §325 -9. Standards for special conditions and special permits The text of Section 325 -9(B) is hereby amended as follows: !El ! GPA Committee May 15, 2013 "(B) Special conditions. The Director of Planning and Development or designee[BuildiRg Gemmissienor] shall approve the following uses only when the special conditions specified in this subsection have been met: (1) Development in R -3 Districts which abut R -1 Districts. The development of any permitted use in the R -3a or R -3b Zoning Districts, except a one - family dwelling or a two - family dwelling, shall be subject to the following special conditions if the land on which the development occurs directly abuts land in either the R -1 a or R -1 b Zoning District. (a) Minimum lot size (area in square feet): The required area in square feet needed to satisfy the minimum lot size requirement shall be 150% of the requirement shown on the District Regulations Chart for the R -3a or R -3b District. (b) Maximum building height: The maximum building height requirement shall be the same as the requirement on the abutting R -1 a of R -1 b District. (c) Maximum percent of lot coverage by buildings: The maximum percent of lot coverage by buildings shall be 75% of the requirement shown on the District Regulations Chart for the R -3a or R -3b District. (d) Yard dimensions, side or rear yards: The minimum required side or rear yard requirement shall be 150% of the requirement shown on the District Regulations Chart for the R -3a or R -3b District if the side or rear yard abuts land in the R -1 a or R -1 b District." The text of Section 325- 9(C)(4)(e)[3] is hereby amended to read as follows: "[3] Applications shall be submitted in writing to the Department of Planning, Building and Development[Buildinn (`r.mmiccinnorl and shall include: [a] The name, address and phone number(s) of the contact person. [b] A description of the refuse disposal procedure to be followed and of the intended use of organic materials, chemical fertilizers, herbicides and pesticides. [c] A site plan showing the proposed locations of all features of the site, including access point(s) and any of the required parking spaces that may be located on adjacent property." The text of Section 325- 9(C)(4)(e)[9] is hereby amended to read as follows: "[9] Special permits for neighborhood and community gardens shall be reviewed by the Director of Planning and Development or designee[Buildinn (`nmmiccinnor] at least annually for compliance with this section and with any conditions established by the Board. If, following such review or investigation of any complaint, the Director of Planning and Development or designee[Buolding GernrnO66iene ] determines that a substantial violation exists, notice of such violation shall be mailed to the contact person designated in accordance with Subsection C(4)(e)[21 above, requiring that such violation be corrected within 15 days. If satisfactory correction is not made, the permit may be revoked by the Director of Planning and 5161 GPA Committee May 15, 2013 Development or designee[B gilding Gemmissienor]. Appeals to such revocation shall be made to the Board as provided in § 325 -41 of this chapter." The text of Section 325- 9(C)(4)(g)[1 ][a] is hereby amended as follows: "[a] Each such use before it commences must obtain a certificate of occupancy from the Director of Planning and Development or designee[B iildino Gommissionor] " The text of Section 325- 9(C)(4)(h)[4] is hereby amended as follows: "[4] Renewals. The renewal of temporary home occupation special permits for additional three - year periods shall be granted by the Director of Planning and Development or designee[ ] following inspection of the premises by the [rig }Department of Planning, Building and Development, submission of a renewal application form issued by the [ d+R}Department of Planning, Building and Development and an affidavit stating that the conditions as originally set forth to the Board of Zoning Appeals have not changed in any way. It is the responsibility of permit holders to renew their temporary special permits. The Director of Planning and Development or designee[g Commiccionor] shall determine that the premises still meet the standards of the New York State Uniform Fire Prevention and Building Code and that the original qualifying conditions still exist. The Director of Planning and Development or designee[R„il,�inn C'ommiss enor] is authorized to charge a fee of $30 for each renewal inspection conducted." The text of Section 325- 9(C)(4)(h)[6] is hereby amended as follows: "[6] Periodic Review. The Department of Planning, Building and Development [Building Commissioner and the Department of Planning and Development ]shall review the effects of this section at least every five years to determine the long -term effect on the residential character of the neighborhoods." §325 -10. Accessory Apartments. The text of Section 325 -10(C) is hereby amended as follows: "(C) Renewals. Renewal permits for additional three -year periods shall be granted by the Director of Planning and Development or designee[ ] following inspection of the premises by the Department of Planning, Building and Development[Building Departmonfl submission of a renewal application form issued by the Department of Planning, Building and Development [R„il,dinn n partmontland an affidavit stating that the conditions as originally set forth to the Board of Zoning Appeals have not changed in any way. The Director of Planning and Development or designee[BuildiRg Gernmissione ] shall determine that the premises still meet the standards of the New York State Uniform Fire Prevention and Building Code and that the original qualifying conditions still exist." The text of Section 325- 10(D)(8) is amended as follows: "(8) Deed restriction. Within 30 days of an accessory apartment permit, the owner(s) must record at the Tompkins County Clerk's office a declaration of covenants on the subject property, with cross - referencing to the original deed, and provide proof of such recording and cross - referencing to the Department of Planning, Building and Development[BuildiRg G e rnmissionor]' who may then issue a building permit. The declaration shall state that the right to use the property as a two - family dwelling ceases if the property is not occupied by the owner Cool GPA Committee May 15, 2013 of this real property for his or her legal full -time residence as required by § 325 -10D of the City of Ithaca Municipal Code. The declaration shall go on to state that the special permit granted by the Board of Zoning Appeals expires unless renewed every three years as required by § 325 - 10C of the City of Ithaca Municipal Code. The Director of Planning and Development or designee[B iilding Gemmissiene shall note the existence of an accessory apartment on the record of the property." The text of Section 325 -10(F) is hereby amended as follows: "(F) Revocation. The Director of Planning and Development or designee[g ] shall revoke any special permit issued hereunder should the applicant or the applicant's tenant violate any provision of this chapter or any condition imposed upon the issuance of the special permit." The text of Section 325 -10(G) is hereby amended as follows: "(G) Periodic review. The [Building Ge icci - - and ether staff of the] Department of Planning, Building and Economic Development shall review the effects of this section at least every five years to determine the long -term effect on the residential character of the neighborhoods." Article V — Supplementary Regulations §325 -15. Use regulations. The text of Section 325- 15(A)(1) hereby amended as follows: "(1) No person shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto, which shall make such premises subject to erosion or flooding or which shall leave such premises without topsoil adequate for the establishment of vegetation typical to the area. Removal of topsoil in excess of the foregoing requirement shall be subject to approval and issuance of a permit therefor by the Director of Planning and Development or designee [rig commission, r] " The text of Section 325 -15(F) is hereby amended as follows: "(F) Gasoline service stations. The Director of Planning and Development or designee[ ] shall refer all applications for permits to construct or alter gasoline service stations to the Fire Chief, the Chief of Police and the City Traffic Engineer for analysis of fire, traffic and other possible hazards. The Director of Planning and Development or designee [Building G - . - - M - - !] shall review their comments on the proposed new or altered facility and may require modification of the site plan to lessen potential fire, traffic and other hazards." §325 -20. Off - Street Parking. The text of Section 325- 20(D)(1)(a) is hereby amended as follows: "(a) Site plans and building permit. In all zoning districts, no parking area or driveway may be constructed, added to, altered, or resurfaced (except for routine repairs in kind or other minor alterations of an existing parking area, other than resurfacing, that do not change the parking area or driveway's size, capacity, configuration, or drainage characteristics) until a building 5 tl GPA Committee May 15, 2013 permit therefor has been issued by the Director of Planning and Development or designee[B iillding Gemmissienor]. All such building permits shall be in accordance with this chapter's requirements. Prior to obtaining a building permit, the applicant must submit two dimensioned plans, drawn to scale, one indicating the existing conditions, and one that indicates the proposed conditions, including the locations of all of the green areas, parking areas, associated maneuvering areas and driveways, any required screening, direction of ground slope, and drainage provisions, and includes a calculation in square feet of the area of paving and the area of the yard in which paving already exists or is proposed to be constructed." The text of Section 325- 20(D)(3)(g) is hereby amended as follows: "(g) Shared parking. In a case where two or more establishments on the same lot, or on lots meeting the distance requirements found in § 325- 20D(4)(d) of this section, have substantially different operating times, the Director of Planning and Development or designee[0 Gemmissienor] (or, in the case of a project subject to site development plan review, the Planning and Development Board) may approve the joint use of parking spaces, provided that the Director of Planning and Development or designee[BuildiRg ('r.mmiccinnor] or the Board or their designee finds that the intent of the requirements of § 325 -20 is fulfilled by reason of variation in the probable time of maximum use by patrons and employees among such establishments." The text of Section 325- 20(D)(4)(a) is hereby amended as follows: "(a) The lot or parcel containing the off -site parking area must be connected to and accessible by vehicular traffic from a public street. Off -site parking cannot also be counted toward compliance with the parking requirement for any other use except for those uses for which the Director of Planning and Development or designee[Buildinn r-^mmicci„ nor] has determined that shared parking is appropriate, as provided for in § 325- 20D(3)(g)." The text of Section 325- 20(D)(4)(e) is hereby amended as follows: "(e) All land which is used to provide off -site parking must be restricted to that use only, for as long as the building is occupied by the use which requires off - street parking or until substitute parking, approved by the Director of Planning and Development or designee[ Building (��mmicci� nor]' is provided. Evidence of such off -site parking shall be provided in the form of a recorded covenant, long -term lease or comparable document that is approved by the Director of Planning and Development or designee[B uilyding Gernmissienor] >> The text of Section 325- 20(J)(7) is hereby amended as follows: "(7) Parking spaces on the main campus shall be identified on the map, "Main Campus Parking Inventory, Cornell University Planning Office, March 2006." The map shall provide the names of prominent buildings and roads for the sake of geographical reference, and shall provide inventory control numbers for parking areas along with the number of parking spaces in each of the control areas. The Main Campus Parking Inventory map shall be updated every five years following its original date in 2006 and shall be submitted to the Department of Planning, Building and Economic Devellopment[Building Gammissione ] by April 15 of the year that an update is required." The text of Section 325- 20(J)(8) is hereby amended as follows: 5 E:3 GPA Committee May 15, 2013 "(8) The parking areas identified on the Main Campus Parking Inventory map shall also be listed on a parking inventory spreadsheet, which shall give the inventory control number and the number of spaces in each control area and shall also provide the total number of parking spaces on the main campus. The spreadsheet shall be updated every year and shall be submitted to the Department of Planning, Building and Economic Development[BuildiRg Gernmissionor] by April 15 of each year. Accompanying the spreadsheet shall be a summary of the parking changes that occurred in the preceding year." The text of Section 325- 20(J)(10) is hereby amended as follows: "(10) Every year by no later than April 15, Cornell University shall submit to the Department of Planning, Building and Economic Development[R, iii iinn remmissiener] a parking report that shall include: (a) The annual parking inventory spreadsheet and summary; (b) A count of full -time undergraduate and graduate students, full -time employees and the full -time equivalents of each who are enrolled or working at Cornell; (c) A count of full -time undergraduate and graduate students, full -time employees and the full -time equivalents of each who are enrolled or working at Cornell and who are enrolled in the TDM Program." The text of Section 325- 20(J)(11) is hereby amended as follows "(11) Whenever 25 or more parking spaces on the main campus have been permanently deleted after the last report to the Department of Planning, Building and Economic Development[ ], Cornell shall provide the Department of Planning, Building and Economic Development[Building Gernmissienor] with a report stating where the spaces were removed as well as provide a statement indicating the total number of parking spaces remaining on the main campus." The text of Section 325- 20(J)(12) is hereby amended as follows: "(12) Upon receipt of this parking report, the Director of Planning and Development or designee[B mi dinn Gernmissienor] shall make a determination of compliance with regard to the requirements of this Subsection I, and shall submit the University's report and her /his determination to the City of Ithaca Planning and Development Board for discussion and comment. Copies of the report and the [B iil.doRg Corn miooinneF's ] determination of the Director of Planning and Development or designee shall also be provided to the Director of Planning, Town of Ithaca, and the Zoning Officer, Village of Cayuga Heights, for their information." §325 -24. Special performance standards in Industrial District; penalties for offenses. The text of Section 325 -24(J) is hereby amended as follows: "(J) Enforcement. The Director of Zoning Administration[B iil.dinn GernrniccieRe ] shall be responsible for alerting the appropriate agency or department of a need for performance measurement when he /she becomes aware of a possible infraction of the special performance standards. Enforcement of this section shall be under the jurisdiction of the Director of Zoning Administration[ ] and shall comply with Article VII of this chapter." &0] GPA Committee May 15, 2013 The text of Section 325 -24(L) is hereby amended as follows: "(L) Civil proceedings. In addition to other remedies, the Director of Planning and Development or designee[Building GOMMOSGOORe ] may institute appropriate action or proceedings to prevent any unlawful conduct or emissions prohibited by this section or to compel compliance with the provisions of this section." §325 -27. Temporary Moratorium. The text of Section 325- 27(C)(3)(a) is amended as follows: "(a) During the effective period of the moratorium, the Department of Planning, Building and Economic Development[B gilding G0mmicciGn °r] shall cease to issue permits for the following, within the affected area: [1 ] Construction of any new structure; [2] Alterations or additions to existing structures that would increase the legal residential occupancy thereof; [3] Exterior modification of any structures, where such modification would require site plan review, except as allowed pursuant to Subsection C(2)(c) above; or [4] Demolition of any structures, except as allowed pursuant to Subsection C(2)(e) above." §325 -29. Landmarks. The text of Section 325 -29 is hereby amended as follows: " §325 -29. Landmarks. Officially designated landmarks or landmark districts of the City shall be governed by the provisions of Chapter 228, Landmarks Preservation, of this Code with respect to changes in appearance. The Director of Planning and Development[ ] or designee shall be responsible for informing applicants of building, grading, excavation or demolition permits affecting any landmark structure, monument, site or district of the existence of such provisions. The Director of Planning and Development or designee[BuildiRg GemmissiGn °r] shall further refer such application, together with all necessary drawings and written material necessary for a full description of the work proposed, to the City Landmarks Preservation Commission for review and report prior to issuing any such permit. Upon receipt from the Commission of a certificate of appropriateness concerning the proposed work, the Director of Planning and Development[ ] or his /her designee may issue such permit and may require any changes to the proposed work which the Commission recommends." Article VA Telecommunications Facilities and Services §325 -29.7. Land use and PWSF classifications. The text of Section 325- 29.7(C) is hereby amended as follows: "(C) All PWSF's require final approval pursuant to Chapter 276, Site Plan Review, and issuance of a building permit and certificate of building compliance from the Director of Planning and Developmen [Building Gammissione ] or [his/her assign° °'designee." 61111 GPA Committee May 15, 2013 §325 -29.8. Standards. The text of Section 325- 29.8(D)(2) is hereby amended as follows: "(2) Roof mounts on buildings shall have railings, if necessary, to protect workers. Notices shall be posted, as directed by the Director of Planning and Development or designee[Gity BuildiRg ] to warn of radio frequency radiation." §325- 29.17. Registry, monitoring, inspection, abandonment and obsolescence. The text of Section 325- 29.17(B) is hereby amended as follows: "B. Inspection. (1) The owner or operator of PWSF shall provide for and conduct an inspection of mounts at least once every five years. A report shall be provided to the [Gity of Ithanal Department of Planning, Building and Economic Development[iild + rn Gemmissionor] verifying compliance with previous approvals and the City Code. (2) The owner or operator of PWSF shall provide for and conduct an inspection of radio frequency radiation at least once every two years by a licensed radio frequency engineer. Three copies of a report shall be provided to the Department of Planning, Building and Economic Development [te the City of Ithaca Building i`ommissionor ho shall fonerarld a Gepy fo the Dirorfor of Planning and Deyelonmon +l verifying that ,echo the radio frequency radiation is in compliance with FCC Guidelines." Article VI Nonconforming Uses, Buildings and Lots §325 -30. Conditions of lawful continuation. The text of Section 325 -30(B) is hereby amended as follows: "B. It shall be the responsibility of the Director of Planning and Development or designee[B iilding Commissionor] to determine on a case -by -case basis which buildings or lands have uses which will become legal nonconforming uses under the new regulations. In making these determinations, the Director of Planning and Development or designee[B mi ding Commissionor] shall rely on the property records in his /her office, based on the most recent information available for each building or land. In cases where the actual property use differs from the use of record, it shall be the property owner's responsibility to file a claim with supporting documentation to the Department of Planning, Building and Economic Development[ ] within 90 days after the effective date of the amendment changing the regulations. Director of Planning and Development or designee[Bu+ld+R Gommissionor] shall then review these claims and, at his /her sole discretion, determine whether the claim is valid. Such determinations shall be made within nine months of the effective date of the amendment changing the regulations. The Director of Planning and Development or designee[B w1ding Gemmissionor] may require such additional information or testimony as deemed necessary in making such determination and may also deny a claim on the basis of inadequate information supplied by the claimant. Any property owner aggrieved from a decision by the Director of Planning and Development or designee[B iilding Gemmissienor] may appeal to the Board of Appeals for relief. Any property owner who fails to file a claim within the ninety -day filing period may also file with the Board of Zoning Appeals following the provisions of § 325 -41 of this chapter." 51 GPA Committee May 15, 2013 Article VII Administration and Enforcement §325 -37. Enforcement officer; assistance; appeals. The text of Section 325- 37(A), (B), (C) is hereby amended as follows: "A. This chapter shall be administered and enforced by the Director of Planning and Development or designee[ ] and /or his or her deputies and assistants. The Director of Planning and Development or designeerg i1Jinn r_nmmiccinnor] may call upon the City Prosecutor or other legal assistance where necessary to enjoin or prosecute violations of this chapter. No building permit or certificate of occupancy shall be issued by the Director of Planning and Development or designee[Buildinn r-^mmicci„ nor] except where all provisions of this chapter shall have been met and complied with or under specific written order of the Board of Appeals. B.Any person ordered to comply with the provisions of this chapter, ordered to cease and desist any use prohibited by this chapter or who is otherwise in disagreement with the judgment of the Director of Planning and Development and /or designee [ or her deputies and assistantsl with respect to the administration or enforcement of this chapter may appeal to the Board of Zoning Appeals, provided that a written statement setting forth the reasons for such appeal be filed with the Secretary of the Board. Such appeal shall be commenced pursuant to the provisions set forth in § 325 -40 relating to procedures before the Board. In the case of an order to comply or to cease and desist, the Director of Planning and Development and /or designee[Buildinn Commissioner and /oF his er her deputies anal assistantsl shall notify such person of this right to appeal and of the time limitations for commencing an appeal. C.Approvals. It shall be the duty of the Director of Planning and Development or designee[B uil.dinn ] to review any zoning compliance approvals requested for any property within the City by any property owner or his /her agent. When the Director of Planning and Development or designee[Buildinn Gemmissienor] has determined that a zoning compliance approval can be issued for a property, a fee for this approval shall be charged at a rate of $50 per hour involved in the issuance of the approval, with a minimum fee of $25, except that the fee for any zoning compliance approval for owner - occupied one- or two - family dwellings is $25. The zoning compliance fee does not apply to the issuance of a certificate of compliance or a certificate of occupancy where other fees are assessed by the Municipal Code." The text of Section 325 -37(E) is hereby amended as follows: "E. Appeal of bill. The exclusive administrative remedy for a property owner wishing to appeal the amount of the bill which has been established pursuant to Subsection C is to file a notice of appeal with the Department of Planning, Building and Economic Development[Bu+lding Gemmissinnor] within seven days of the mailing date to the property owner of the bill for the service. When a notice of appeal is filed, the Director of Planning and Development or designee[ ], using the regulations of the Board of Zoning Appeals, except that any of the public notice requirements shall not apply, shall schedule the matter at the next possible regular meeting of the Board of Zoning Appeals. The property owner then has the responsibility to perfect the appeal to the Board of Zoning Appeals, by submitting six copies of the appeal and detailing the reasons why the property owner believes the fee is not justified. The property owner bears the burden of establishing that the accounting submitted by the Director of Planning and Development or designee[ ] is inaccurate. The Board of Zoning Appeals shall have the authority to approve or reject such appeal in whole or in part." 61% GPA Committee May 15, 2013 §325 -38. Building Permits. The text of Section 325 -38 is hereby amended as follows: " §325 -38. Building Permits. No building or structure shall be erected, added to or structurally altered until a building permit therefor has been issued by the Director of Planning and Development[g (`nmmiccinnor] or designee. All applications for such permits shall be in accordance with the requirements of all applicable regulations. The Director of Planning and Development or designee[B iilldinn Gnmmiccinnnr] shall not issue a building permit hereunder until he /she has determined that all of the provisions of this chapter and any other applicable laws or regulations have been complied with. (See also Chapter 146, Building Construction.) No temporary, conditional or verbal building permits shall be issued to allow grading, construction or other work requiring such a permit. Fast - tracking will be permitted upon application to and approval of the Department of Planning, Building and Economic Development[Buildinn Gnmmicoinnor] §325 -39. Certificates of occupancy. The text of Section 325 -39 is hereby amended as follows: "A. Required. No land shall be occupied or used and no building hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the Director of Planning and Development or designee[B uilydinn Gemmissinnnr] stating that the building or proposed use thereof complies with the provisions of this and other applicable chapters of this Code governing the use and occupancy of land and buildings. B. Nonconforming uses. No nonconforming use shall be renewed, changed or extended without a certificate of occupancy. C. Issuance. All certificates of occupancy shall be applied for coincident with the application for a building permit. Said certificate shall be issued only after the completion of the building or the alteration thereto shall have been approved as complying with the provisions of this and other applicable chapters of this Code. D. Records. The Department of Planning, Building and Economic Developmen [Building Gernmissionor] shall maintain a record of all certificates, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected. E. Temporary certificates. Upon request, the Director of Planning and Development or designee [1aL11.1 inn r_- .- - . - -r]may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the building permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life or the public welfare." §325 -40. Board of Appeals; variances. The text of Section 325- 40(B)(2)(d)[4] is hereby amended as follows: "[4] Appeals of [^nmmiccinnor c] interpretation of Director of Zoning Administration or the Designee of the Director of Planning and Development: $150." 6191 GPA Committee May 15, 2013 Article VIII Courthouse Special Use Zone §325 -44. Review of construction , demolition and alteration. The text of Section 325 -44(B) is hereby amended as follows: "B. Demolition, exterior alteration or enlargement of structures or parking areas or construction of new buildings or parking areas in C -SU Zones shall be subject to design review as provided in Chapter 160. In performing such review and recommending any modifications to proposed exterior work, the Planning and Development Board shall pay particular attention to the visual effect of such work on the character of the area and adjacent residential zones. In no case shall the Planning and Development Board take final action on a proposal for demolition within any part of the C -SU Zone which is not within a locally designated landmark district before receiving the recommendation of the Landmarks Preservation Commission on such proposal. Approval of proposed demolitions, alterations or new construction within the C -SU Zone by the Planning and Development Board or the Landmarks Preservation Commission, as applicable, shall be a prerequisite of approval of such proposals by the Director of Planning and Development or designee[Buildinn Gernmissionor] and the Board of Zoning Appeals, as appropriate." Article IX Amendments §325 -45. Amendment procedure outlined. The text of Section 325- 45(C)(3)(b)[2][b] is hereby amended as follows: "[b] Concept memo. The Planning Committee directs the Planning and Development staff to draft a memorandum explaining the concept of the proposed zoning change. The memorandum is referred to the Planning and Development Board, the Conservation Advisory Council, the City Attorney, [the BuildiRg City Engineer, the Director of Planning and Development, and other relevant boards, commissions, or City departments, for review and comment." The text of Section 325- 45(C)(3)(b)[2][d] is hereby amended as follows: "[d] Amendment first draft. The Planning Committee directs the Planning and Development staff in conjunction with the City Attorney to draft the proposed change. Environmental review is initiated. If possible, the Planning Committee Chairperson reviews the draft. The draft, edited by the Chairperson, is circulated to the Attorney, the Department of Planning, Building and Economic Development[QLdtdinn (' the Engineering Department, the Conservation Advisory Council, the Planning and Development Board and other relevant boards, commissions or City departments." Article X Penalties §325 -47. Civil Proceedings The text of Section 325 -47 is hereby amended as follows: " §325 -47. Civil Proceedings In addition to other remedies, the Director of Planning and Development or designee[B uil.dinn ] may institute any appropriate action or proceedings to prevent any unlawful erection, construction, reconstruction, alteration, conduct, business or use prohibited by this chapter or to compel compliance with the provisions of this chapter." Section 17. Severability. If any clause, sentence, paragraph, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the 6E GPA Committee May 15, 2013 clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 18. Effective Date. This Ordinance shall take effect on January 1, 2014 in accordance with law and upon publication of notice as provided in the Ithaca City Charter, provided, however, that this Ordinance shall not take effect unless and until A Local Law to Assign the Building Commissioner's Powers and Duties to the Director of Planning and Development, the Director of Zoning Administration, and the Director of Code Enforcement has been approved at referendum in November 2013. Carried Unanimously Common Council Training and Development Common Council Rules of Procedure — work session Chair Mohlenhoff led a work session to revise Section I of the Common Council Rules of Procedures. The following amendments were considered: (underlined = new text / strikethrough = deleted text) Common Council Rules of Procedure — Revised November 7, 2012 Meetings i. Organization Meeting The Common Council shall meet on the first day of January after the election at the regular place of meeting of the Common Council for the previous year, and thereafter it shall meet at such place as it may choose, within or without the territorial limits of the city but in reasonable proximity thereto, and at times hereinafter provided. ii. Regular Meetings The Common Council shall hold regular meetings at least once each month, on the first Wednesday of the month in Common Council Chambers, Third Floor, City Hall, 108 E. Green Street, unless otherwise specified by Council. iii. Special Meetings The Mayor or any six Council members may call a special meeting of the Common Council by 24 hours' notice, in writing, served personally.e by electronic mail to all of the official Common Council e -mail addresses, by U.S. mail upon the other members of the Common Council or by leaving said notice at either their respective usual places of business during business hours or their respective places of abode at other times. In the absence of the Mayor, any three Council members, may call special meetings by 24 hours' notice in the same fashion. iv. Voting 1) In the proceedings of the Common Council, each member present shall have a vote except the Mayor, who shall only have a vote when the votes of the ether full body of members are tied, and except as hereinafter provided. 2) A majority of the members of the Common Council shall be a quorum for the transaction of business. If a member abstains from voting, it shall be considered as if that said member did not vote. However, a member may only abstain from voting if that member determines that she er he Has a conflict of interest exists regarding the motion being voted upon. Nul GPA Committee May 15, 2013 3) " R„ajerty vete. A vote of six () or more Council members is required to pass any motion or resolution, except as is hereinafter provided. A dote of six (6) or mere Gei indl members shall nenstit ite a majority Mete 4) No tax or assessment shall be ordered except by a concurring vote of a majority of all members of the Common Council in office, including the Mayor, who shall be entitled to vote thereon as a member of the Council, and no tax levied, assessment bill ordered, resolution or ordinance shall take effect until the same shall receive the approval of the Mayor. 5) The Common Council may override any mayoral veto by a 2/3 vote of the alderpersens full body. V. Collection and Distribution of Materials 1) The City Clerk shall prepare and distribute an agenda to the members of Common Council for each meeting of Common Council at least four days before each meeting 2) Staff designated by the appropriate body shall distribute to the members of Common Council an agenda of the Board of Public Works, Planning and Development Board, Ithaca Landmarks Preservation Commission and Board of Zoning Appeals at least four days before each meeting of said boards. This language will be amended to reflect agenda distribution for all boards & committees 3) AgeRdas fnr eanh meeting of each Standing Committee of Gemmen GOURGil will be distributed to the members Of GOMMOR GOURGH by the department responsible for preparing agendas and minutes for said St ding Committee Agendas shall 'Fnslrude all ac PPE)Fting de CUm 2Ris i finless a member of Gei ipeil iRdieates that they fie pet Wish to regeiye the deG invents for a partiG filar gommitteo 4) Each Chair of a Common Council committee shall present agenda items pertaining to that committee in the appropriate final format to the City Clerk no later than 4:00 p.m. on the Thursday Wednesday preceding any meeting of the Common Council and give some indication of whether the item is for report or action. Any member of Common Council or the Mayor may present agenda items in the same fashion and by the same deadline to be considered at the following regular meeting of Common Council. 5) The City Clerk shall transfer in memo or email form all referrals or action resolutions from Common Council to the Chair(s) of the involved Council committee(s), lay boards, agencies, and departments. * This language will be considered at a later date. 6) All matters to be brought before Common Council should include sufficient supporting information for Council members to fully understand the resolution to be voted upon. vi. Attendance Emergencies notwithstanding, Council members shall inform the MaVor and Council or committee chair at least three days ahead of time if they are not able to attend a Common Council or Standing Committee meeting. vii. Length of Meetings Any meeting of either a Standing Committee or Common Council shall end after four hours unless an extension is authorized by a majority vote of said body. 6101 GPA Committee May 15, 2013 Common Council /Senior Staff Retreat Re -cap Chair Mohlenhoff reported that she and Alderperson Proulx are working on a "Why are we doing this ?" document that will explain to Boards and Committees why the City is exploring different structures. She noted that this work should be complete by the July GPA Committee meeting. Some of the ideas expressed were: • Create a structure so that volunteer boards & committees can develop relationships with Common Council that will allow them to effectively bring new ideas /issues /legislation to Council.R • Create a government that is more responsive to the community. Issues can be forwarded to committees to research best practices, draft legislation, etc.0 • Create "idea incubators ".0 • Identify what it takes for a committee to be effective (staff, member qualifications, etc.) 0 • Enable departments to weigh -in on whether they have the resources to support committeesM • The effectiveness of the quasi - judicial boards should be a model to pursue (defined charge, staff support, member qualifications)M • Committees should be needs -based with defined deliverables0 • Combine and improve committees that have overlapping responsibilitiesm • It is important to tie committee themes to address strategic goalsm • Committees should be considered a good use of time for volunteers, staff and Council members and should only meet as needed.M • Focus group interviews should be conducted with departments that staff multiple committees such as the City Clerk's Office and the Planning Department. Alderperson Murtagh agreed to make this an item for the next Planning and Economic Development Committee agenda.0 Adjournment: On a motion the meeting adjourned at 7:30 p.m. Julie Conley Holcomb, CIVIC City Clerk 61TA Deborah Mohlenhoff Chair