HomeMy WebLinkAbout2000-05-22 TOWN OF DANBY
PUBLIC HEARING MINUTES
MAY 22 , 2000
PROPOSED LOCAL LAWS
Public Hearing No . 1 - Proposed Local Law No . 3 of 2000 "A Local Law Providing for a Partial
Tax Exemption for Real Property Owned by Disabled Persons With Limited Incomes"
Public Hearing No . 2 - Proposed Local Law No . 4 of 2000 "A Local Law providing for the
Repair or Removal of Unsafe Buildings and Collapsed Structures" .
PRESENT :
Supervisor Edward Inman
Councilpersons : Joel Gagnon, Norbert Nolte , Naomi Strichartz, Gladys Varona-Lacey
Others Present :
Carol W . Sczepanski - Town Clerk
Susan Beeners - Code Enforcement Officer
Members of the Public :
Walter Sczepanski
Public Hearing - Proposed Local Law No . 3 of 2000 - Declared Open :
Supervisor Edward Inman declared the public hearing for the proposed local law No . 3 of the
year 2000 entitled, "proposed local law entitled , "A LOCAL LAW PROVIDING FOR A
PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY DISABLED PERSONS
WITH LIMITED INCOMES" open at 7 : 01 p . m .
Public Comment
Walt Sczepanski - Approves of proposed local law for partial tax exemption for disabled persons .
Councilperson Gagnon reported that he is concerned that we are singling out some subset of the
population that needs relief He urged the Town Board to ask our legislators in Albany to look at
the bigger picture and take a different approach to tax relief.
Public Hearing Declared Closed :
Supervisor Inman declared the Public Hearing closed at 7 : 15 p . m .
41-414 )9 /644Atij
Carol W . Sczep : : i, Town Clerk
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1 Public Hearing Minutes
Proposed Local Law
No . 2 of May 22 , 2000
TOWN OF DANBY
PUBLIC HEARING MINUTES
MAY 22 , 2000
PUBLIC HEARING NO . 2
PROPOSED LOCAL LAW
Public Hearing No . 2 - Proposed Local Law No . 4 of 2000 "A Local Law providing for the Repair
or Removal of Unsafe Buildings and Collapsed Structures" .
PRESENT :
Supervisor Edward Inman
Councilpersons : Joel Gagnon, Norbert Nolte , Naomi Strichartz, Gladys Varona-Lacey
Others Present :
Carol W . Sczepanski - Town Clerk
Susan Beeners - Code Enforcement Officer
Members of the Public :
Walter Sczepanski
Public Hearing No . 2 - Proposed Local Law No . 4 of 2000 Declared Open
Supervisor Edward Inman declared the public hearing for Proposed Local Law No . 4 of the year
2000 entitled : "A LOCAL LAW PROVIDING FOR THE REPAIR OR REMOVAL OF UNSAFE
BUILDINGS AND COLLAPSED STRUCTURES " . open at 7 : 15 p . m .
Public Comments :
Walter Sczepanski - 54 East Miller Road - Are agriculture buildings exempt and who decides what
is deemed unsafe?
Carol Sczepanski - 54 East Miller Road - sees this proposed local law is unnecessary and may be an
expense that cannot be redeemed by the Town . There is already a provision that covers burned out
and unsafe buildings in the ordinance
Board Response :
Joel Gagnon said that run down buildings tend to attract vandalism and entice children to explore
them . There is already a provision in the Danby Zoning Ordinance that addresses burned out
buildings .
Supervisor Inman said that if there was a complaint it would be inspected . If the building was
deemed unsafe there would be a notice issued and sixty ( 60) days to begin to remedy the situation .
Susan Beeners said that there was discussion at the Planning Board that we should try to take
positive steps to try to help people through volunteer efforts at the community level and that are non-
legislative . She said that she has contacted the Danby Fire Department and it is possible that they
may be able to use unsafe structures for practice burns .
Supervisor Inman said that it appears that this local law needs some revisions .
Code Enforcement Officer Susan Beeners said that she would recommend amending the proposed
resolution to include a further resolved that directs the Grant/Search Writer to investigate possible
funding opportunities and other assistance for persons who find themselves in these situations .
2 Public Hearing Minutes
Proposed Local Law
No . 2 of May 22 , 2000
Public Hearing Declared Closed :
Supervisor Inman declared the public hearing closed at 7 : 52 p . m .
(dA Carol W . Sczepar� lc Town Clerk
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1 Town Board Minutes
Special Meeting
May 22 , 2000
TOWN OF DANBY
TOWN BOARD MINUTES
SPECIAL MEETING - MAY 22 , 2000
PRESENT :
Supervisor Edward Inman
Councilpersons : Joel Gagnon, Norbert Nolte , Naomi Strichartz, Gladys Varona-Lacey
Others Present :
Carol W . Sczepanski - Town Clerk
Susan Beeners - Code Enforcement Officer
Members of the Public :
Walter Sczepanski
Supervisor Edward Inman called the special meeting of the Town Board to order at 7 : 53 p . m .
RESOLUTION NO 54 OF 2000
RESOLUTION ADOPTING THE LOCAL LAW PROVIDING FOR A PARTIAL TAX
EXEMPTION FOR REAL PROPERTY OWNED BY DISABLED PERSONS WITH
LIMITED INCOMES
By Councilperson Strichartz : Seconded by Councilperson Gagnon
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Danby for a public
hearing to be held by said Town on May 22 , 2000 , to hear all interested parties on a proposed local
law entitled "A LOCAL LAW PROVIDING FOR A PARTIAL TAX EXEMPTION FOR REAL
PROPERTY OWNED BY DISABLED PERSONS WITH LIMITED INCOMES " ; and
WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal ; and
WHEREAS, said public hearing was duly held on said date and at the time specified in the notice
of hearing at the Town Hall of the Town of Danby and all parties in attendance were permitted an
opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof;
and
WHEREAS , pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 (State
Environmental Quality Review Act [" SEQR"] ) it was suggested that adoption of this local law was
a Type II Action as being a routine or continuing agency administration and management matter, not
including new programs or major reordering of priorities that may affect the environment, and
therefore no further environmental review is necessary ; and
WHEREAS, the Town Board finds it is in the best interests of the Town and its citizens to adopt
this local law;
NOW, THEREFORE , be it
RESOLVED , that the Town Board of the Town of Danby , determines that the adoption of such
local law is a Type II Action under the SEQR regulations , and therefore no further environmental
review is necessary ; and it is further
RESOLVED, that the Town Board of the Town of Danby hereby adopts said local law entitled "A
LOCAL LAW PROVIDING FOR A PARTIAL TAX EXEMPTION FOR REAL PROPERTY
OWNED BY DISABLED PERSONS WITH LIMITED INCOMES " , a copy of which is attached
hereto and made a part of this resolution; and it is further
RESOLVED , that the Town Clerk be and she hereby is directed to enter said local law in the
2 Town Board Minutes
Special Meeting
May 22 , 2000
minutes of this meeting and in the Local Law book of the Town of Danby, and to give due notice of
the adoption of said local law by filing a copy of said local law with the Secretary of State of the
State of New York .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried Unanimously
TOWN OF DANBY
LOCAL LAW NO . 3 OF THE YEAR 2000
A LOCAL LAW PROVIDING FOR A PARTIAL TAX EXEMPTION FOR REAL
PROPERTY OWNED BY DISABLED PERSONS WITH LIMITED INCOMES
Be it enacted by the Town Board of the Town of Danby as follows :
1 . This law is enacted pursuant to Section 459 - c of the Real Property Tax Law of the State
of New York as amended through Chapter 410 of the Laws of 1999 .
2 . Pursuant to the provisions of Section 459 - c of the Real property Tax Law of the State of
New York, real property located in the Town of Danby, owned by one or more persons with
disabilities as defined in Section 459 -c , or by a husband, wife , or both, or by siblings , at least one
of whom has such a disability, and whose income is limited by reason of such disability, shall be
partially exempt from taxation by said Town for the applicable taxes specified in said Section 459 -c
based upon the income of the owner or combined incomes of the owners . Such partial exemption
shall be to the extent set forth in the schedule following .
ANNUAL INCOME OF OWNER PERCENTAGE ASSESSED
OR COMBINED ANNUAL INCOME VALUATION EXEMPT
OF OWNERS FROM TAXATION
Up to and including $ 19 , 500 . 00 50%
More than $ 19 , 500 . 00
but less than $ 20 , 500 . 00 45 %
$20 , 500 . 00 or more but
less than $21 , 500 . 00 40%
$21 , 500 . 00 or more but
less than $22 , 500 . 00 35 %
$22 , 500 . 00 or more but
less than $23 ,400 . 00 30%
$23 ,400 . 00 or more but 25 %
less than $24 , 300 . 00
$24 , 300 . 00 or more but 20%
less than $25 ,200 . 00
$25 ,200 . 00 or more but 15 %
less than $26 , 100 . 00
3 Town Board Minutes
Special Meeting
May 22 , 2000
$ 26 , 100 . 00 or more but
less than $27 ,000 . 00 10%
$ 27 ,000 . 00 or more but
less than $ 27 , 900 . 00 5 %
The partial exemption provided by this law shall, however, be limited to such property and persons
as meet the conditions qualification, exclusions and limitations set forth in Section 459-c of the Real
Property Tax Law of the State of New York . This local law shall be administered in accordance with
said section of the Real Property Tax Law as now adopted and as it may be amended from time to
time , and the provisions of said section shall be applicable to the effectuation of the exemption
provided for in this local law. Without limiting the foregoing, the partial exemption authorized by
this local law shall be computed in accordance with the provisions of Section 459-c and shall not
apply to real property for which a partial exemption has been received pursuant to the provisions of
Section 467 of the Real Property Tax Law of the State of New York as applied to the Town of Danby
by the provisions of any previously enacted Town of Danby local law granting partial tax exemptions
for the elderly , as the same may be amended from time to time .
3 . Application for the exemption authorized by this local law must be made by the owner,
or all of the owners of the property , on forms prescribed by the State Board of Equalization and
Assessment of the State of New York (or any successor agency) to be furnished by the appropriate
assessing authority and which forms shall furnish the information and be executed in the manner
required or prescribed in such forms , and shall be filed in such assessor ' s office on or before the
appropriate taxable status date .
4 . Any conviction of having made any willful false statement of the application for such
exemption shall be punishable by a fine of not more than One Hundred Dollars ($ 100 . 00) and shall
disqualify the applicant or applicants from further exemption for a period of five (5 ) years .
5 . This local law shall become effective as set forth below and shall apply to assessment rolls
prepared on the basis of taxable status dates occurring on or after March 1 , 2001 .
6 . If any provision of this law is found invalid by any court of competent jurisdiction, such
invalidity shall not affect any other provisions of this local law which shall remain in full force and
effect .
7 . This local law shall take effect I immediately .
RESOLUTION NO . 55 OF 2000
RESOLUTION ADOPTING A LOCAL LAW PROVIDING FOR THE REPAIR OR
REMOVAL OF UNSAFE BUILDINGS AND COLLAPSED STRUCTURES
By Councilperson Gagnon : Seconded by Councilperson Strichartz
WHEREAS , a resolution was duly adopted by the Town Board of the Town of Danby for a public
hearing to be held by said Town on May 22 , 2000 , to hear all interested parties on a proposed local
law entitled " A LOCAL LAW PROVIDING FOR THE REPAIR OR REMOVAL OF
UNSAFE BUILDINGS AND COLLAPSED STRUCTURES " ; and
WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal ; and
WHEREAS , said public hearing was duly held on said date and at the time specified in the notice
of hearing at the Town Hall of the Town of Danby and all parties in attendance were permitted an
opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and
4 Town Board Minutes
Special Meeting
May 22 , 2000
WHEREAS , pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 (State
Environmental Quality Review Act [" SEQR"]) it was determined that adoption of this local law was
an unlisted action, that the Town of Danby Town Board was lead agency in considering the
• environmental significance of the proposed local law, and that the Town of Danby Planning Board
and the Tompkins County Planning Department were involved agencies ; and
WHEREAS, the Town Planning Board on May 17 , 2000 after consideration of the proposed local
law, transmitted its report to the Town Board ; and
WHEREAS , the Tompkins County Planning D9p1 and 239 m hag indicated by lepttepdat d proposed
6 ,
pursuant to General Municipal Law Sections
2000 , that the local law would have no deleterious impact on County or regional interests and that
the Town is free to act without prejudice ; and
WHEREAS , the Town Board has reviewed the Short Environmental Assessment Form and the
recommendation that a negative determination of environmental significance be made for this local
law ; and
WHEREAS, the Town Board finds it is in the best interests of the Town and its citizens to adopt
this local law ;
NOW THEREFORE, be it
RESOLVED, that the Town Board of the oT determines s the reasons set forth
the adoption of the by the
in the Short Environmental Assessment F m
law will not have any significant adverse impacts on the environment ; and it is further
RESOLVED , that the Town Board of the Town of Danby hereby BUILDINGS
AND LOCAL LAW PROVIDING FOR THE REPAIR OR REM OVAL OF UNSAFE
AND COLLAPSED STRUCTURES" , a copy of which is attached hereto and made a part of this
resolution ; and it is further
RESOLVED , that the Town Clerk be and she hereby is directed to enter said local law in the
minutes of this meeting and in the Local Law book of the Town of Danby, and to give due notice of
the adoption of said local law by publication of local
wi t the Sec abstract
retary of State of t e State of
the Ithaca Journal and by filing a copy of said local
New York; and it is further
RESOLVED , that the Town Board of the Town of Danby may also seek out various ways to assist
the community in achieving the purpose of this local law, including volunteer assistance , and it is
further
RESOLVED, that the Town Board of the Town of Danby requests the grant/search writers search
for possible grants related to such purpose .
TOWN OF DANBY
LOCAL LAW NO . / OF 2000
A LOCAL LAW PROVIDING FOR THE REPAIR OR REMOVAL OF UNSAFE
BUILDINGS AND COLLAPSED STRUCTURES
Be it enacted by the Town Board of the Town of Danby
Section 1 . Pub
Unsafe buildings pose a threat to life and property in the Town of Danby elements ,he Tovn") or Buildings
and structures may become unsafe by reason of damage by
}
fire , the
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5 Town Board Minutes
Special Meeting
May 22 , 2000
deterioration . Vacant buildings not properly secure or doorways and windows also serve as an
attractive nuisance for young children who may be injured therein, as well as a point of congregation
by vagrants and transients . A dilapidated building may also serve as a place of rodent infestation,
thereby creating a health menace to the community . It is the purpose of this Local Law to provide
for the safety, health protection and general welfare of persons and property to the Town by requiring
that such unsafe buildings be repaired or demolished and removed .
Section 2 . Name of Local Law .
This Local Law shall be known as "Unsafe Buildings Law" of the Town of Danby
Section 3 . Definitions .
( 1 ) `Building" means any building, structure or portion thereof used or formerly used for residential ,
agricultural, business or industrial purpose .
(2) "Code Enforcement Officer" means the Code Enforcement Officer of the Town or such other
person appointed by the Town Board to enforce the provisions of this Local Law .
(3 ) "Town" means the Town of Danby .
Section 4 . Investigation and Report .
When the Code Enforcement Officer, in his/her own opinion determines , or upon receipt of
information, that a building ( 1 ) has collapsed or is in such structural condition that it is reasonable
to anticipate it collapsing, to whole or in part, in the near future; (2 ) is, by reason of its physical
condition, otherwise dangerous or unsafe to the general public ; (3 ) is open at the doorways and
windows, making it accessible to and an object of attraction to minors under eighteen years of age ,
as well as to vagrants and other trespassers ; (4) is a place of rodent or other pest infestation ; or (5)
presents , by reason of its physical condition, any other danger to the health, safety, morals and
general welfare of the public ; he or she shall cause or make an inspection thereof and report in
writing to the Town Board of the Town his/her findings and recommendations in regard to its repair
or demolition and removal
Section 5 . Town Board Order.
The Town Board shall thereafter consider such report and by resolution determine , if in its opinion
the report so warrants, that such building is unsafe and dangerous and order its repair if the same can
be safely repaired or its demolition and removal, and further order that a notice be served upon the
persons and in the same manner provided herein .
Section 6 . Notice : Contents
The notice shall contain the following : ( 1 ) a description of the premises ; (2) a statement of the
particulars in which the building is unsafe or dangerous ; (3 ) an order outlining the manner in which
the building is to be made safe and secure, or demolished and removed ; (4) a statement that the
securing or removal of such building shall commence within 30 days of the service of the notice and
shall be completed within 60 days thereafter, unless, for good cause shown , such time shall be
extended ; (5 ) a date, time and place for a hearing before the Town Board in relation to such
dangerous or unsafe building, which hearing shall be scheduled not less than five business days from
the date of service of the notice, and (6) a statement that in the event of neglect or refusal to comply
with the order to secure or demolish and remove the building , the Town Board is authorized to
provide for its demolition and removal , to assess all expenses thereof against the land on which it
is located, and to institute a special proceeding to collect the costs of notification and demolition,
including legal expenses .
Section 7 . Service of Notice
•
The said notice shall be served ( 1 ) by personal service of a copy thereof upon the owner, executor,
administrator , agent, lessee , or any person having a vested or contingent interest in such unsafe
building as shown by the records of the Town Receiver of Taxes (or Tax Collector) and/or of the
County Clerk ; or if no such person can reasonably be found , by mailing such owner by registered
mail a copy of such notice directed to his/her last known address as shown by the one of the above
records ; and (2) by personal service of a copy of such notice upon any adult person residing in or
occupying said premises if such person can be reasonably found ; and (3 ) by securely affixing a copy
of such notice upon the unsafe building .
Section 8 . Filing Requirement
A copy of the notice served as provided herein shall be filed in the office of the County Clerk of
the County of Tompkins as set forth in Section 130 ( 16) of the Town Law, or any successor statute .
Section 9 . Refusal to Comply
In the event of the refusal or neglect of the person so notified to comply with said order of the Town
Board and after the hearing, if the Town Board does not alter its previous finding regarding the
unsafe building, the Town Board shall provide for the repair and securing or demolition and removal
of such building either by Town employees or by contract . Except in an emergency as provided in
section 11 hereof, any contract for demolition and removal of a building in excess of $20 , 000 shall
be awarded through competitive bidding .
Section 10 . Assessment of Expenses
All expenses incurred by the Town in connection with the proceedings to repair and secure or
demolish and remove the unsafe building including the cost of actually removing such building and
all reasonable and necessary legal expenses incidental thereto , including the attorneys fees incurred
in obtaining any order permitted hereunder and for prosecuting any proceeding referred to in this
Local Law (including the proceeding referred to below under General Municipal Law section 78 - b)
shall , at the option of the Town Board, either :
a. Be assessed against the land on which such building is located and shall be levied and
collected in the same manner as provided in the Town Law and Real Property Tax Law for the levy
and collection of a special ad valorem levy, or
b . Be collected by prosecution of a special proceeding against the owner of said unsafe or
dangerous building or structure pursuant to General Municipal Law section 78 -b , or
c . Be collected by any other means legally available to the Town .
Section 11 . Emergency Cases
Where it reasonably appears that there is present a clear and imminent danger to life , safety or
health of any person or property, unless an unsafe building is immediately repaired and secured or
demolished, the Town Board may by resolution authorize the Code Enforcement Officer to
immediately cause the repair or demolition of such unsafe building . The expenses of such repair or
demolition shall be a charge against the land on which it is located and shall be assessed, levied and
collected as provided in section 10 hereof.
Section 12 . Separability .
` Each separate provision of this Local Law shall be deemed independent of all other provisions
herein, and if any provisions shall be deemed invalid , all other provisions hereof shall remain valid
and enforceable .
I°l Section 13 . Supersession
This Local Law shall supersede all prior local laws, ordinances, rules and regulations relative to the
t.k
repair or removal of unsafe buildings and collapsed structures within the Town, and, to the extent
any prior law, ordinance , rule or regulation dealing with repair or removal of unsafe buildings and
collapsed structures (except the New York State Uniform Fire Prevention and Building Code or any
successor statute or Code) is inconsistent with the terms of this Local Law , the provisions of this
Local Law shall prevail .
Section 14 . Amendment of Zoning Ordinance . Section 515 of the Town of Danby Zoning
Ordinance is hereby amended to read as follows :
" Section 515 - EXCAVATIONS , ABANDONED CONSTRUCTION AND
DESTROYED BUILDINGS . The following rules , in addition to any other local
rules (including the requirement to obtain a fill permit set forth below and the Town ' s
Unsafe Building Law) , state laws or regulations or federal laws or regulations , shall
govern excavations in the Town :
1 . No excavations shall remain open or uncovered for more than one year after
work has ceased on a construction project or such excavation has been
abandoned . Any excavation or cellar hole remaining after the demolition or
destruction of a building from any cause shall be covered or filled by the
owner within one year.
2 . Fencing or other similar safety measures shall be provided around abandoned
excavations and other potentially hazardous conditions .
3 . If a property owner fails to comply with any of the provisions contained
herein, he or she shall be subject to the procedures and remedies available to
the Town set forth in Unsafe Buildings Law of the Town of Danby, as if the
violation of the provisions of this Section 515 were a violation of such Law .
4 . The above remedy is not intended to limit or restrict any other remedies or
recourse by the Town against the violators of this section . "
Section 15 . Effective Date .
This Local Law shall take effect upon its being duly filed in the office of the Secretary of State of
the State of New York as provided in section 27 of the Municipal Home Rule Law .
ADJOURNMENT :
On a motion the meting adjourned at 8 : 06 p . m .
dijig./5 -
agAtitY
Carol W . Scz 1ski , Town Clerk
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