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HomeMy WebLinkAboutMiscellaneous Local Laws (Please Use this Form for Filing your Local Law with the Secretary of State)
4111. Text of law should he given as amended. Do not include matter being
eliminated and do not use italics or underlining to Indicate new matter.
-er rmty
Ctty of aa.n.b.y
. Town
-Village
Local Law No. 3 of the year 19 _9..9......
Alocallnw providing for f:he administration? and enforcement of the
n.....ua.t
Uniform Fire Prevention and Building Code.
Town Board
Be it enacted by the of the
tn.,..d1..1.1.11..twit
--County
4ity- of Danby
Town as follows:
—Village
SECTION I . Designation of Building Official .
There is hereby designated in the Town of Danby a
®, public official to be known as the Building Official , who shall
be appointed by the Supervisor with the approval of the Town Board
at a compensation to be fixed by the Town Board.
SECTION 2. Acting Buiding Official .
In the absence of the Building Official , or in
the case of his inability to.:-act for any reason, the Supervisor
shall have the power, with the consent: of the Town Board, to
designate a person to act: on behalf of the building Official and
to exercise`'all the powers..conferred upon him by this Local Law.
SECTION 3. Appointment of Building Inspectors.
The Supervisor with the approval of the Town
Board may appoint one building inspector or more, as the need
may appear, to act under the supervision and direction of the
Building Official and to exercise any portion of the powers
and duties of the Building Official as directed by him. The
compensation of such building inspectors shall he fixed by the
Town Board.
'(lf additional space is needed, please attach sheets of the same sire as this and number each)'
Page 1
SECTION 4. Conflicts of Interest.
•
The Building Official, any building inspector, or
any officer or employee of the Building Official or any Building
® Inspector, shall not engage in any activity inconsistent with his
duties within the Town of Danby. In the event that the Building
Official or any building inspector is directly or indirectly
engaged in the construction of, the furnishing of labor, materials,
supplies, or appliances for, the supervision of, the alteration,
demolition, or maintenance of, or the preparation of plans or
specifications for, any building within the Town of Danby, that
building shall be inspected by a disinterested, qualified inspector
appointed by the Supervisor with the consent of the Town Board.
SECTION 5. Duties and Powers of Building Official .
(a) Except as otherwise specifically provided
by law, ordinance, rule, or regulation, or except as herein
otherwise provided, the Building Official shall administer and
enforce all of the provisions of law, ordinances, rules, and
regulations applicable to the plans, specifications, or permits
for the construction, alteration, and repair of buildings and
structures, and the installation and use of materials and
equipment therein, and the location, use, and occupancy thereof.
(b) He shall promulgate rules and regulations
® subject to the approval of the Town Board to secure the intent
and purposes of this Local Law and a proper enforcement of the
law;, ordinances, rules, and regulations governing building plans,
specifications, construction, alteration, or repairs.
(c) He shall receive application, approve plans
and specifications, and issue permits for the erection and
alteration of buildings or structures or parts thereof and shall
inspect or arrange for the inspection of the premises for which
such applications have, been received, plans approved, or such
permits have been issued for the purpose of insuring compliance
with laws, ordinances, rules, and regulations governing building
construction or alterations.
(d) lie shall issue in writing all appropriate
notices or orders to remove illegal or unsafe conditions, to
require the necessary safeguards during construction and to insure
compliance during the entire course of construction with the
requirements of such laws, ordinances, rules, and regulations,
and such notices or orders may beserved upon the property
owner or his agent personally, or by sending by certified mail
a copy of such order to the owner or his agent at the address
set forth in the application for permission for construction
or alteration eration of such buildin g, and by posting the same upon
a conspicuous portion of the premises to which the notice applies.
He shall make all inspections which are necessary or proper
for the carrying out: of his duties, except: that he may accept
written reports of inspection from building inspectors appointed
pursuant to Section 3 above or from generally recognized and .�
authoritative service and inspection bureaus or agencies, r,.
provided the same are certified by a responsible official
•
thereof.
(e) Whenever the same amy be appropriate to
®' determine compliance with the provisions of applicable laws,
ordinances, rules, and regulations covering building construction
or alteration, he may, in his discretion, accept: and rely upon
written reports of tests in the field by experienced, professional
persons, or by accredited and authoritative testing laboratories
or service and inspection bureaus or agencies.
(f) He shall issue a certi(ibete of occupancy
where appropriate for a building constructed or altered in accordance
with the provisions of the Uniform Fire Prevention and Building
Code which such certificate shall certify that the building
conforms to the requirements of the Uniform Fire Prevention
and Building Code.
SECTION 6. Records and Reports
(a) The Building Official shall keep permanent:
duplicate official records of all transactions and activities
conducted by him including all applications received, plans
approved, permits and certificates issued, fees charged and
collected, inspection reports, all rules and regulations
promulgated by him with the consent of the Town Board, and
® notices and orders issued. One such set of records shall be
kept in the Town Clerk 's office as public records open to
public inspection during normal business hours.
(b) The Building Official shall , monthly,
submit to the Town Baord a written report and summary of all
business conducted by him including approvals, permits and
certificates issued, fees collected, orders and notices promulgated,
inspections and tests made, and a summary of litigation pending
or concluded.
SECTION 7. Remedies and Penalties.
(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
vio.iation of any provision of law or ordinance, as well as any
regulation or rule promulgated by the Building Official in
accordance with applicable laws, or to fail in any manner ton comply
with a notice, directive, or oder of the Building Official , or to
construct, alter, uon or ocoupy any building or structure or part:
thereof in a manner not permitted by an approved building permit
or certificate of occupancy.
(b) In addition to::the remedies prescribed
by Executive Law 3g?, any person who shall bail to comply with
a written order of the Building Official within the time fixed
for compliance therewith, and any owrier, builder, architect,
contractor, subcontractor, construction superintendent, or their
• agents, or any person taking part: or assisting in the construction
or use of any building who shall knowingly violate any of the appli-
® cable provisions of law, or any lawful order, notice, directive,
permit, or certificate of the Building Official made thereunder,
shall be punishable by a fine of not more thah $500 or imprisonment
for a period not exceeding 15 days, or both. Each day that any
violation continues to exist beyond the date fixed in the order
of the Building Official to remedy such violation shall be doomed
a separate offense.
SECTION B. Variance and Roview.
A request for a variance from the Uniform Fire
Prevention and Building Code and an appeal to review a determina-
tion of or failure to render a determination by the Building
Official shall be processed with the appropriate board of
review as provided in 19 NYCRR 440.
SECTION 9. Abatement_of_Violation.
Appropriate action and proceedings may be taken
at law or in equity to prevent unlawful construction or to
restrain, correct, or abate a violation or to prevent illegal
occupancy of a building, structure, or promises or to prevent
® illegal acts, conduct, or business in or about ny premises and
these remedies shall be in addition to penalties otherwise
prescrived by law.
SECTION 10. Bulding Permits.
(a) No person, firm, or corporation shall
commence the erection, construction, enlargement, alteration,
improvement, conversion, or change in the nature of the ocoupancy
of any building or structure, or cause the same to be done, with-
out first obtaining a separate building permit from the Building
Official for each such building or structure, except that no
building permit shall bo required for the performance of ordinary
repairs which do not involve material alteration of structural
features of the building or structure, and further that no building
permit shall be roquired,dor the construction of small non-
commercial structures not intended for human habitation.
(b) Application for abbulbdthng permit shall be
made to Lhe Building Official on forms provided by him and shall
contain the following information:
(1 ) A description of land on which the
® n proposed work is to be done.
(2) A statement of the use or occupancy of
all parts of the land and the proposed
building or structure;
(3) The valuation of the proposed work;
(4) The full name and address of the owner and
of the applicant, and the names and addresses
• of their responsible officers if either
of them are corporations, and the name
and addresses of the owner 's authorized
agent, if any;
Aft
(5) A brief description of the nature of the
proposed work;
(6) A statement that the applicant consents to
permit: the Building Official , any building
inspector, and any other pereoniaudhorizod
or designated under this Local Law to enter
u upon the premises without a search warrant
in the manner prescribed in Section 15, and
a statement that the work shall be performed
in compliance with the Uniform Code and any
other applicable state and local laws,
ordinances, and regulations.
(7) Such other information as may reasonably
be required by the Building Official to
establish compliance of the proposed wthrk
with the requirements of the applicable
building laws,eordinances, rules, and
regulations.
(c) The application shall be signed by the owner
or his authorized agent.
(d) The application shall bemmede by the owner
® or by the agent, architect, engineer, or builder employedibn
comnect:ion with the proposed work. Where such application is made
by a person other than the owner, it shall be accompanied by an
affidavit of the owner that the proposed work is authorized by
the owner and the applicant is authorized to make such application;
and the affidavit: shall contain a statement that the owner
authorizes the applicant to consent to permit: the Building Official ,
any building inspector, and any other person authorized or
designated under this Local Law to enter upon the premises without
a search warrant in the manner prescribed in Section 15.
(e) Each application for a building permit shall
be accompanied by duplicate copies of plans and specifications,
including a plot plan, drawn to scale, showing the location and
size of all proposed new construction and all existing structures
on the site, the nature and character of t:he=work to be per-
formed and the materials to be incorporated, distance from lot
lines, the relationship of structures on adjoining property,
widths and grades of adjoining streets, walks, and alleys, and
where required by the Building Official , details of structural ,
mechanical , and electrical work, including computations, stress
diagrams, and other essential technical data, plans and spetifi-
® cations shall hear the signature of the person responsible for
the design and drawings and where required by Sections 7202 or
7302, as amended, of Articles 145 or 147 of the Education Law of
the State of New York, the seal of allicensed architect or a
licensed professional engineer; the Building Official may waive
the requirements for filing plans and specifications for minor
alterations and issue a building permit so stating.
411 (f) Amendments, if any, to the application
or Co the plans and specifications accompanying the same shall
be filed with the Building Official and approval received from
the Building Official prior to the commencement of such change
of work.
SECTION 11 . Fees.
(a) The Town Baord shall by resolution from
time Co time set a fee schedule for building permits, certificate
of occupance, and 6or any other duties that the Building Official
might be called upon to perform under this Local Law.
(b) In the event that an application for a
building permit is not approved, the applicant shall be entitled
to a refund of 50% of the fee paid, provided no work has been
commenced. If work has been started and the application is not
approved, the fees paid shall not be refunded.
SECTION 12. Issuance of Building Permit or Disapproval
of Application.
(a) The Building Official shall examine or
cause to be examined all applications for permits and the plans,
wl
specifications, and documents filed therewith. tie shall approve
or disapprove the application within one week from the date of
submission of the -application.
(b) Upon approval of the . pplication and upon
receipt of the fees therefor, the Building Official shall issue
a building permit to the applicant upon the form proscribed by
the Building Official and shall affix his signature or cause
his signature to be affixed thereto.
(c) Upon approval of the application, both
sets of plans and specifications shall be endorsed with the
word "approved. " One set of such approved plans and specifi-
cations shall be retained in the files of the Building Official
and the other set shall be returned to the applicant togbther
with the building permit and shall be kept by the applicant
at the building site oponsbotinbpekti,on by the Building Official
or his authorized representative at all reasonabt6 times
(d) If the application togbther with plans,
specifications, and other documents filed therewith describe
proposed work which does not conform to all of the requirements
® of the applicable building regulations, the Building Official
shall disapprove the same and shall return the plans and specifi-
cations to the applicant. Upon the request of the applicant,
the Building Official shall cause such refusal, togbther with
the reasons therefor, to be transmitted to the applicant: in
writing.
SECTION 13. Performance of Work Under Building Permit. /7
(a) A building permit shall be effective to /
authorize the commencing of work for a period of six months
after the date of its issuance. For good cause the Building
Official may allow a maximum of two extensions for periods
not exceeding one year each. All work shall conform to the
approved application, plans, and specifications and shall be
in accordance with Applicable building laws, ordinances, rules,
and regulations.
(b) Building permits shall be prominently
displayed on the job site at all times during the progress
of the work so as to be readily seen from adjacent thoroughfares.
SECTION 14. Revocation of Building Permit.
The Building Official may revoke a building
permit theretofore issued in the following instances:
• (a) Where he finds that;' there has been any
false statement or misrepresentation as to a material fact
in the application, plans, or specificationsnon which the building
permit: was based;
(b) Where he finds that the building permit
was issued in error and should not have been issued in accord-
ance with the applicable law;
(c) Where he finds that the work performed
under the permit is not being prosecuted in accordance with
the provisions of the application, plans, or specificabions
on •
(d) Where the person to whom a building permit
has been issued fails or refuses to comply with a sbop order
issued by the Building Official .
SECTION 15. Stop Orders.
Whenever the Building Official has reasonabbe
grounds to believe that work on any building or structure is
being prosecuted inbviolation of the provisions of the appli-
cable building laws, ordinances, rules, or regulations, or
not in conformity with the provisions of an application, plans,
or specifications on the basis of which a building permit was
issued, or in an unsafe and dangerous manner, he shall notify
the owner of the property, or the owner 's agent, to suspend
all work, and any such persons shall forthwith stop such work
and suspend all building activities until the stop order has
been rescinded. Such order and notice shall be writing, shall
state the conditions under which the work may be resumed and
may he served upon.ia person to whom it is directed either by
delivering it personally to him or by posting the same upon
a conspicuous portion of the building whore the work is being
performed and sending a copy of the same to him be certified
mail at the address sot forth in the application for permission
for the construction of such building.
SECTION 16. Right—of Entry.
The Building Official and building inspectors,
upon the showing of proper credentials and in the discharge of
their duties, shall be permitted to enter upon any building,
structure, or premises without interference, during reasonable
hours.
SECTION 17. Building Inseections.
(a) The progeess of work for which a permit
has been issued shall be inspected at such times and intervals
as may be necessary and appropriate to determine whether the
work is being performed in compliance with the Uniform Code and
applicable regulations. Such inspection shall be carried out
prior to enclosing or covering of the particular portion or
phase of building construction, including but not limited to:
excavation; foundation, structural elements; energy conservation;
measures required by the Uniform Code; electrical systems;
plumbing; heating, ventii4tion, and air conditioning systems;
fire protection and detection systems; and exit features.
411 (b) It shall be the duty and responsibility
of the owner or his authorized agent to inform the Building
Official that the work is ready for oach phase of inspection.
SECTION 18. Fire Prevention and Safety Inspection.
(a) All dwelling units in' a building consisting
of more than two such units, all trailers, and one or two
dwelling unit buildings that are regularly leased to tenants,
shall be inspected for the purpose of determining compliance
with safety requirements of the Uniform Code at least once
in every 12 months. Inspection of the common areas of such
buildings such as halls, foyers, staircases, etc , shall be
so inspected at least once in every 6 months.
(b) Fire safety inspections of areas of public
assembly as defined in 9 NYCRR 606 shall be bonducted at least
once in every twelve months.
(c) An inspection of a building of dwelling
unit shall be performed at any other time upon (1 ) request of
Lhe owner or his authorized agent, (2) receipt of a written
statement specifying the ground upon which the subscriber
believes that a violation of the Uniform Code exists, or
(3) other reasonable and reliable information that such viola-
tion exists.
SECTION 19. Permits for Solid Fuel Burning !!eating Ap liance.
A permit for installation of a solid fuel
V i C)
burning heating appliance,, chimney, or flue in any dwelling /
1 unit shall be ohtained as provided in Section 10 of this Local
, . Law. If the Building Official, after inspection, determines
Chat the installation is in compliance wit:h ' hhe Uniform Code,
III he shall issue a certificate of compliance cnta form to be
pr(' 'cribed by resolution of the Town Board. A violation of
this section and of subdivision 5 of':s378 of the Executive
Law shall be punishable as provided in such subdivision 5.
SECTION 20. Certificates of Occupancy.
(a) No building hereafter erected shall be
used or occupied in whole or in part until a certificate of
occupancy shall have been issued by the Building Official .
(h) No building hereafter enlarged, extended,
or altered, or upon which work has been performed .which required
the issuance of a building permit, shall he occupied or used
for more than 30 days after the completion of the alteration
or work unless a• certificate of occupancy shall have been issued
by the Building Official .
(c) No change shall he made in the nature
of the occupancy of an existing building unless a certificate
of occupancy authorizing such change shall have been issued
by the Building Official ; occupancy classifications for purposes
of this paragraph are those found in 9 NYCRR 701.
(d) The owner or his agent shall make
, application for a certificate of occupancy. Accompanying
®- this application and before the issuance of a certificate of
occupancy, there shallbe filed with the Building Official an
affidavit of the registered architect or licensed professional
engineer who filed the original plans, or of the registered
architect or licensed professional engineer who supervised
the construction of the work, or of the superintendent of
construction who supervised the work and who, by reason of
his experience, is qualified to superintend the work for
which the certificate of occupancy is sought. If the owner
is also the builder, then he shall sign the affidavit . This
affidavit shall state that the deponent has examined the
approved plans of the structure for which a certificate of
occupancy is sought:, that the structure has been erected in
accordance with approved plans, and as erected complies with
the Unfarm Code or a varied by a change order which has been
legally authorized. Such change orders and qualifying conditions
imposed therewith, if any, shall he specified in the affidavit.
SECTION 21 . Inspection Prior to Issuance of Certificate
of Occupancy.
IIIBefore issuing a certificate of occupancy,
the Building Official shall examine or cause to be examined
all buildings, structures, and sites for which an application
has been filed for a building permit, to, construct:, enlarge,
IC
alter, repair, or change the use or nature of occupancy,
and he may conduct such inspections as he deems appropriate
from time to time during and upon completion of the work
for which a building permit has boon issued. Thorn shall be
maintained a duplicate record of all such examinations and
inspections together with a record of dindings of violations
of the law.
SECTION 22. Issuance of Certificate of Occupancy.
(a) When, after final inspection, it is
found that the prpoosed work has been completed in accordance
with the applicable building laws, ordinances, rules, and regula-
tions, and also in accordance with the applicatdon, plans,
and specifications filed in connection with the issuance of the
building permit, the Building Official shall issue a certificate
of occupancy upon the form provided by him. It is found that
the prpoosed work has not been properlyitcompleted, the Building
Official shall not issue a certificate of. occupancy and shall
order the work completed in conformity with the building permit
and in conformity with the applicable building regulations.
(b) A certificate of occupancy shall be
issued, where appropriate, within 30 days after written
application therefor is made.
(c) The certificate of occupancy shall certify
that the work has been completed, and that the proposed use
and occupancy is in conformity with the provisions of the applicable .
building laws, ordinances, rule, and regulations, and shall
specify the use or uses and the extent thereof to which the
building or structure or its several parts may be put.
SECTION 23. Temporary Certificate of Occupancy.
Upon request, the Building Official 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 such
portion or portions as have been completed may be occupied safely
without endangering life or the public health or welfare.
A temporary certificate of occupancy shall remain effective for
a period not exceeding three months from its date of issuance.
For good cause the Building Official may allow a maximum of
two extensions for periods not exceeding three months each.
SECTION 24, Effective Date.
This Local Law shall take effect immediately
upon filing in the office of the Secretary of State.
A LOCAL LAW REGULATING THE MAINTENANCE OF
REAL PROPERTY IN THE TOWN OF DANBY
PREAMBLE. This Local Law provides for the removal of
junk, as defined below, which is visible from other properties
or from the public roadways. While the primary, but not
exclusive, enforcement of this Law is contemplated to be at
the Zoning Officer' s own instigation, the Zoning Officer may
also make a determination of whether or not this Law has been
violated after receiving a complaint from a neighbor or other
person who is directly or indirectly affected by the condition
of a property. It is expected that people will maintain their
properties in a responsible manner and that property owners
will respond sensitively and responsibly to the concerns of
their neighbors .
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF DANBY AS
FOLLOWS:
Section 1 . PURPOSE. The purpose of this Law is to
protect the health, safety, and welfare of the residents of
the Town of Danby, to protect the value of real property, and
to promote and perpetuate the attractive appearance of
neighborhoods in the community by providing for the removal of
junk in accordance with the provisions below.
Section 2 . PROHIBITED ACTS.
(a) It shall be a violation of this Law for any owner
or other occupant or person charged with the maintenance of
real property in the Town of Danby to deposit, abandon,
maintain, keep, or allow to accumulate on his property,
outside of any building, any junk or material that, if thrown
or deposited as herein prohibited, tends to create a danger to
the public health, safety, and welfare, or creates degradation
through unsightliness or noisomeness .
(b) Classes of materials subject to regulation and
examples thereof are as follows : -
I . Equipment or machinery intended for outdoor
use, such as automobiles, trucks, farm
implements, lawnmowers, campers, trailers,
boats, or other such devices, which are in a
state of disrepair or are otherwise
dilapidated, broken, abandoned, or not in
condition to be used for their original
purpose. In the case of vehicles or equipment
designed for use on the public roadways, the
phrase "dilapidated, broken, abandoned, or not
2
in condition to be used for their original
purpose" shall be defined as incapacity to meet
the requirements imposed by the State of New
York for legal use on such roadways .
II . Any equipment or appointments designed for
indoor use, such as stoves, refrigerators,
washing machines, furniture, etc. , or parts
thereof , when stored on any property for more
than thirty ( 30) days, at which time any such
item shall be presumed to be abandoned.
III . Nonbiodegradable rubbish or trash.
IV. Biodegradable trash, such as piles of brush,
leaves, weeds, etc. , when left in the front or
side yard of any property for more than thirty
(30 ) days . Compost piles that are discreetly
placed in a backyard are excluded from
regulation under this Law.
V. Construction or demolition debris if present
for more than one year.
The examples given above are not intended to be exhaustive and
do not limit the list of items that might be construed as
belonging to any of the above classes of materials . Further,
the list of classes and examples given above is not in
limitation of the prohibition in this section.
(c) Except to the extent that a health, safety, or fire
hazard is found to exist, or if the storage of such items
would constitute a nuisance, it shall not be a violation of
this Law to maintain on real property items of the kind and
nature set forth in subsection (b) above if such items are
stored inside a storage structure or if they are stored in
such a manner that they are not visible to neighboring
properties or from any public roadway, except that this Law
does not affect any further regulation now existing in the
Town Zoning Ordinance or any other local law or any further
regulation that is enacted after the effective date of this
Law of such storage of materials .
Duly licensed vehicle dismantlers, salvage pools,
car crushers, vehicle collectors, vehicle rebuilders, scrap
processors, scrap collectors, or repair shops (as those terms
are defined in Section 415-a of Article 16 of the Vehicle and
Traffic Law of the State of New York) in existence on the
effective date of this Law shall not be required to conform to
the requirements of nonvisibility from any public roadway, but
rather shall be required to screen, by means of non-
transparent fencing, shrubbery, or the like, their operations
3
at least from adjacent roadways,, ! In addition, such non-
transparent screening shall be required and shall be erected
between these operations and any adjoining property if the
owner of such adjoining property requests such screening.
,Such non-transparent screening shall be construed to be an
affirmative obligation under this Law, and the refusal to
erect the same when required shall be construed to be a cause
of a violation of this Law.
Section 3 . VIOLATIONS.
(a) Fines and imprisonment. A violation of this Law
shall be a 'violation as defined in Section 10 . 00 of the Penal
Law of the State of New York and shall be punishable by a fine
not to exceed Two Hundred and Fifty Dollars ($250 . 00 ) or a
sentence of imprisonment not to exceed fifteen ( 15) days in
jail, or both. Failure to eliminate the cause of a violation
within thirty (30 ) days of being found guilty of a violation
of this Law shall constitute a new and separate violation, as
shall each thirty (30 ) day period thereafter that the cause of
the violation is not eliminated. It is intended that fines
and/or imprisonment recur and increase in severity until the
cause of the violation is removed.
(b) In.iunctive Relief. Imposition of a fine or
imprisonment in accordance with subsection (a) above shall not
be construed to be the exclusive remedy available to the Town
under this Law'. The Town Board may authorize the commencement
of a proceeding in Supreme Court for injunctive relief if the
cause of a violation is not eliminated within thirty ( 30 ) days
of a finding that the condition of the property constitutes a
violation of this Law. Such proceeding may be pursued
concurrently with any enforcement proceeding under Section 4
below.
Section 4. ENFORCEMENT.
(a) Zoning Officer Procedure. The Zoning Officer of
the Town of Danby is hereby authorized to enforce the
provisions of this Law. The title "Zoning Officer" shall
include any assistant Zoning Officer that may be appointed by
the Town Board.
(i ) The Zoning Officer shall , on his normal
business about the Town, note and investigate any
visually or otherwise apparent violations of this Law.
In addition, he shall investigate any complaints
received. Upon determining that in his judgment this
Law has been violated, the Zoning Officer shall give the
owner of the real property or other person charged with
i
4
the maintenance of the property written notice setting
forth notice of the violation, including the nature of
the violation and notice of the provisions of this Law
that have been violated, and directing that the
violation be terminated or corrected within thirty (30 )
days of the date of such notice.
(ii ) Service of such notice shall be made (A) by
delivering the notice personally to the owner, lessee,
occupant, or other person charged with the maintenance
of the property, or (B) by delivering it to a person of
suitable age and discretion at the actual place of
business, dwelling place, or usual place of abode of the
person to be served, together with mailing a copy of the
notice to the person to be served at his last known
residence, or (C) by mailing such notice to the address
of the real property and to the address listed by the
owner for the receipt of tax bills ( if different from
the property address) if personal service of such notice
cannot be made after a reasonable attempt. An affidavit
of service shall be completed in each case specifying
the person served and the date, time, address or place
of service (unless such service was made by mail) , and
manner of service and the affidavit shall be signed by
the person making such service .
(iii) If the owner of the real property or other
person charged with the maintenance of the property
fails to terminate or correct the violation in the time
provided, the Zoning Officer shall file a written
complaint, signed by the complaining party if other than
the Zoning Officer, with a Town Justice specifying the
conditions, acts , or omissions constituting a violation,
and the name and address of the real property owner,
lessee, occupant, or other person charged with the
maintenance of the property. The Zoning Officer shall
also file the affidavit of service showing compliance
with subsection (a) (i ) and (ii) above. Upon receipt of
such a complaint, the Town Justice shall issue an
appearance ticket directing the person specified in the
notice of violation to appear in person in court; if
such person does not appear, the Town Justice may issue
a warrant for the arrest of said person based upon any
complaint or information previously filed.
(b) Appeal of Finding of No Violation by Zoning
Officer. Any person who has filed a complaint with the Zoning
Officer may appeal to the Town Board at one of its regular
meetings a case where the Zoning Officer has issued a finding
that no violation of this Law has been found or refuses to act
on that person' s complaint. Supporting proof of the existence
of the violation cited (e. g. , photographs, affidavits from
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other neighbors, etc. ) may be provided by the person appealing
to the Town Board. The Town Board shall make any reasonable
investigation that is deemed necessary and shall arrive at a
decision either to instruct the Zoning Officer to process the
complaint in accordance with subsection (a) above or to
dismiss the complaint.
Section 5 . EFFECTIVE DATE. This Local Law supersedes
the Town of Danby Junk Car Law. This Law shall not be
enforced until 60 days after its passage by the Town Board;
this 60-day period prior to enforcement is intended to give
property owners an opportunity to terminate and correct any
violations of this Law that might exist on their property.
After the 60-day compliance period, this Law shall apply to
preexisting conditions and violations as well as to new
violations.
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STATE OF NEW YORK
DEPARTMENT OF AUDIT AND CONTROL
ALBANY
ARTHUR LEVITT March 13, 1978
STATE COMPTROLLER IN REPLYING REFER TO
Town Clerk
Town of Danby
R.D. #4
Ithaca, N.Y. 1 +858
Dear Sir:
I hereby acknowledge receipt as of August 8, 1977
of certified copy of Local Law No . 2 and 3
of 1977 for the Town of Danby
which copy is being filed in this office .
Very tr y yours ,
(--- S-\:=2)
a_..„5
Kendall :.. Pi
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Associate Attorney
KRP : s
cc : Secretary of State
TOWN OF ITHACA
Ithaca, New York
ORDINANCE REGULATING UNSAFE BUILDINGS
AND COLLAPSED STRUCTURES
Adopted July 7, 1960 -- Effective August 7, 1960.
Any Buildings or Structures within the Town of Ithaca which
are now or should hereafter become dangerous or unsafe to the
public or shall have collapsed or be in danger of collapsing,
such building shall be either removed, and the ground in the area
of such building filled and leveled to the natural grade, or
repaired to meet the standards of the New York State Building
Construction Code.
The following shall be provided:
a. An inspection and report by the Town Building Inspector.
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b. Notice to be served on the owner or some one of the
owner ' s executors, legal representatives , agents, lessees or any
other person having a vested or contingent interest in the
property, either personally or by registered mail addressed to
the last known address , if any, of the owner or some one of the
owner' s executors, legal representatives, agents, lessees or
other person having a vested or contingent interest in same, as
shown by the records of the receiver of taxes and/or in the office!
of the county clerk or county register, containing a description
of the premises , a statement of the particulars in which the
building or structure is unsafe or dangerous and an order
requiring same to be made safe and secure or removed; and if such
service be made by registered mail , for a copy of such notice to
be posted on the premises.
c. After notice has been served as provided under b. above,
work on removal or repair of the building or structure in ques-
tion shall be begun within sixty days and such work shall there-
after proceed to completion within a reasonable period of time.
d. In event of neglect or refusal of person served with
notice to comply with same, a survey of premises shall be made by
an inspector and architect to be named by the Town Board and a
practical builder , engineer or architect appointed by person
notified as above and in event of refusal or neglect of person so
notified to appoint such surveyor the two surveyors named shall
make the survey and report . The notice shall state that in the
event the building or other structure shall be reported unsafe or
dangerous under such survey, that an application will be made at
a special term of the supreme court in the judicial district in
which the property is located for an order determining the buil-
; ding or other structure to be a public nuisance and directing
that it shall be repaired and secured or taken down and removed.
e. A signed copy of the report shall be posted on the
premises upon completion of the report of survey on the building.
Such notice shall state the compensation of the surveyors .
f . All costs and expenses incurred by the town in connection
with the proceedings to remove or secure , including the cost of
actually removing said building or structure, shall be assessed
against the land on which said buildings or structures are located.;
11S 1S E A L
ALA 11/30/70
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LOCAL LAW TO REGULATE OPERATION OF
SNOWMOBILES
A LOCAL LAW to regulate the operation of snowmobiles on public •
highways and places of the Town of Lansing
Be it enacted by the Town of Lansing as follows:
Section 1. Legislative Intent. The purpose of this local law is to
protect the public health, welfare and safety by regulating the operation •
• of snowmobiles on public highways and places of the Town of Lansing
in a manner which will be compatible with the use of such highways and
places for vehicular and pedestrian travel and other uses, and which will
promote the safe and proper use of snowmobiles for recreation and commerce
and minimize detrimental effects of such use on the environment.
Section 2. Definitions. For the purpose of this local law, the following
words, phrases and terms shall have the following meaning:
(1) "Person" includes an individual, partnership, corporation,
municipal corporation, the state and its agencies and subdivisions, and
any body of persons, whether incorporated or not.
(2) "Municipal Corporation" includes a county, city, town, village,
school district, fire district and a special or improvement district of a
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county or town.
(3) "Snowmobile" means a self-propelled vehicle designed for
travel on snow or ice steered by skiis Or runners, and supported in part
by skiis, belts or cleats.
(4+) "Owner" means a person other than a lien holder, having
the property in or title to a snowmobile.
(5) "Operate" means to ride in or on, other than as a' passenger,
• use or control the operation of a snowmobile in any manner, whether or not
said snowmobile is under way. •
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(6) "Operator" means every person who operates or is in
actual physical control of a snowmobile.
(7) "Public Way" means any public highway, road, street, ,
avenue, alley, place or driveway.
(8) "Roadway" means that portion of a highway improved,
designed, or ordinarily used for vehicular travel.
(9) "Street or Highway" means the entire width between boundary
lines of any way or place when any part thereof is open to the use of the
public, as a matter of right, for the purpose of vehicular traffic.
(10) "Shoulder" means that portion of a public right of
way used to support the improved portion of the road and for emergency
travel and parking only, which lies outside the paved or improved portion
of the road. .
(11) "Special Event" means an organized race, exhibition or
demonstration of limited duration which is conducted according to a
prearranged schedule and in which general public interest is manifested.
(12) Whenever the word "Town" is used herein it shall mean
the Town of Lansing
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Section 3. Operation on Streets or Highways:
1 ''' '. ' ''. ... . (1) Operation of snowmobiles on highways and ublic ways within
P Y the ,
Town shall be subject to the applicable provisions of Article 8 of the . •
Conservation Law and the Rules and Regulations of the Office of Parks
and Recreation, and where applicable the further rules, conditions and . - • '
• • restrictions established by this Local Law. ,
(2) Unplowed Town Roads. The following town roads and highways -
are hereby identified as customarily unplowed roads within the meaning
. of Conservation Law Section 8-303, 2c(4): . • :
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Brown Hill Road
All other unnamed and abandoned town roads.
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(3) Town Roads designated for snowmobile operation.
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In addition to the operation of snowmobiles on the highways
and in the manner permitted by clauses (a) and (b) and paragraphs (1),
(2), (4) and (5) of clause (c) of Conservation Law Section 8-0303,
snowmobiles may be operated, subject to the further rules, restrictions
and conditions set forth in Section 5 hereof, on other town roads within --
the Town as follows:
(a) On the Shoulders of Certain Uncongested Town Highways.
The following streets, roads or highways are hereby designated as uncongested
for the purpose of operation of snowmobiles on the shoulders thereof, as
authorized by Section 8-0303,2c(3) of the Conservation, Law:
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Algerine Road
Armstrong Road (Triphammer Terrace)
Benson Road
Chicahominy Road
Cuddeback Road
Davis Road
Holden Road
Lakeview Road
Lansing Station Road
Lockerby Hill Road
Ludlow Road
North Lansing (Storms Road) '
North Lansing School Road
Salmon Creek Road
Scofield Road (Lansing-Groton Town Line Rd. )
Snushall Road .
Sperry Lane I
Storms Road I
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(b) On the Roadways and Inside Banks of Certain Town Roads.
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In addition to travel on the outside banks or slopes [permitted by Section
8-0303, 2c(5)] and on the shoulders [permitted by clause (a) of this
subdivision] , a snowmobile may be operated erate p don the inside bank or roadway
: - of the following town highways or portions thereof described herein, it
being hereby determined that by reason of normally prevailing snow conditions
and conditions of terrain, the slopes or areas outside the guard-rails or
- the back side of snow embankments of such highways or portions thereof are : . ,
non-existent or impassible:
Algerine Road
Armstrong Road (Triphammer Terrace)
Benson Road
Chicahominy Road
Cuddeback Road
Davis Road
Holden Road
• Lakeview Road -
Lansing Station Road
Lockerby Hill Road
Ludlow Road
North Lansing (Storms Road)
North Lansing School Road
Salmon Creek Road
Scofield Road (Lansing-Groton Town Line Rd.)
SnusbAll Road
Sperry Lane
Storms Road I
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(4) County Roads. The Town hereby authorizes, subject to the approval
of the Board of Representatives of the County of Tompkins, the operation of _
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snowmobiles on the shoulders, inside banks and roadways of the following
county roads, or portions thereof within the town, it being hereby determined
that by reason of normally prevailing snow conditions and conditions of
terrain, the slopes or areas outside the guard-rails or the backside of snow
embankments of such highways or portions thereof are non-existant or impassible.
Fenner Road
Lansingville Road
• Ludlowville Road (From 34B to 34B)
Milliken Station Road
Myers Road (from Lake to Salmon Creek Rd. )
North Lansing School Rd.(from VanOstrand to
Town Line)
VanOstrand Road
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(5) Emergency Travel. In addition to the emergency travel permitted
upon declaration of a general snow emergency by the Supervisor as provided .
by Conservation Law Section 8-0303, 2c(1), a snowmobile may be operated on
highways within the town otherwise closed to snowmobile travel, when the
specific travel for a specific purpose is authorized by a state or local
police officer, fire chief, supervisor or town highway superintendent.
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(6) Identifying Road Markers. The roads or highways opened for ; '
• snowmobile travel as provided in paragraphs (a) and (b) of subdivision (3)
and by subdivision (4) shall be identified by appropriate road markers, •
(7) Order of Use of Portions of Road. Operation of snowmobiles on •
' ..roads within the town where by statute or this local law permitted, shall be
on the following portions thereof in order of freedom from vehicular congestion
as herein stated, and operation on the portion thereof in the more congested -
or unsafe category is permitted only when travel on the lesser congested •
, area is impassable:
Unplowed roads [Statute §8-0303 2c (4)] on any -
portion thereof;
Outside slopes, areas outside of guard-rails and
back side of snow embankments [Statute §8-0303 2c
(5)];
Shoulders [Statute §8-0303 2c (3) and local law
• §3 (a)] ,
Inside banks or roadways proper [Statute §8-0303 4
and local law Section 3 (3) (b) and (4)];
On left side of road (limited to daytime) against •
vehicular traffic, for limited areas only when the
right side is impassable, and only when visibility
permits a clear view of vehicular traffic. '
Section 4. Parks and Other Public Places other than Highways,
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(1) Subject to the restrictions and conditions in Section 5 of this
local law and the rules and regulations' of the Office of Parks and.Recreation,
snowmobiles may be operated only on or along designated and marked trails
of the following public parks and places of the town,
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(2) Except as provided in subdivision (1) of this section, operation
of snowmobiles on any other public parks and places of the town is hereby
expressly prohibited.
Section 5. Conditions and Restrictions. Whenever the operation of a snow
mobile is permitted on the shoulder, roadway or inside bank of any street
or highway or portion thereof within the town as provided in Section 3,
subdivisions (3) and (4) of this local law, or on parks or public lands of
the town as provided in Section 4. of this local law, the following rules,
conditions and restrictions are hereby 'imposed to all such snowmobile •
operations:
(1). Direction of travel. No person shall operate a snowmobile within
the roadway of a public road within the town between sunrise and. sunset
except on the right side of such roadway and in the same direction as the
highway traffic. Operation on other public places shall be only in the
direction, if any, marked by appropriate route direction signs.
(2) Financial Security. It shall be unlawful for any person to operate _
a snowmobile on any highway or on public lands within the town unless the
owner or operator of such snowmobile is, insured against public liability.
and carries with him proof of financial responsibility, such as a certificate
of liability insurance of the type, coverage and of the minimum amount as
defined and required of owners and operators of motor vehicles by the
Vehicle and Traffic Law of the State of New York. Such proof shall be dis-
played by the owner or operator of any snowmobile upon request to any law
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enforcement officer or to any person who has suffered or claims to have
suffered either personal injury or damage to property as a result of the •
operation of such snowmobile by any such owner or operator.
(3) Obedience to Vehicular Traffic Controls. Each person operating a
snowmobile on any highway within the town shall observe strictly all
vehicular traffic signs and signals and all other rules and regulations .
applicable to vehicular traffic, and shall obey the orders and directions :
of any State of local police or other law enforcement officer authorized .
to direct of regulate traffic.
(4) Sidewalks. It shall be unlawful to operate a snowmobile upon a
public sidewalk or walkway in the town.
(5) Unnecessary Noise. It shall be unlawful for any person to operate
a snowmobile, except at Special Events sanctioned and approved by the Office
of Parks and Recreation, in any manner which (a) creates loud, excessive or _
unusual noise, (b) is equipped with a muffler from which the baffle plates,
screens or other original internal parts have been removed or altered, (c)
is equipped with an exhaust system which has been modified in a manner
which will increase or amplify the noise emitted by the motor of such snow- '
mobile above that emitted by the exhaust system originally installed on the
snowmobile, or (d) is equipped with no muffler.
Section 6. Liability of Town; Notice. No civil action shall be maintained
against the town for damages or injuries to person or property sustained in •
consequence of any street, highway, public way, roadway, shoulder, outside •
slope, inside bank or any other area, whether the same be paved or unpaved
or plowed or unplowed, or on public lands other than roads, where operation
of a snowmobile is permitted pursuant to this local law,'?eing out of repair,
obstructed, unsafe or dangerous unless it appears that prior written notice
of the defective, unsafe or dangerous condition was actuajly given to the
town or its hereinafter specified officer or employee and there was a failure
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;i . or neglect within a reasonable time after the giving of such notice to
repair or remove the defect or danger complained of, or the place otherwise
made reasonably safe. The written notice aforesaid shall be given to the
Town Clerk who shall make and keep an indexed record in a separate book of
all such written notices which have been so received, which record shall
state the date of receipt of the notice, the nature and location of the
• condition or defect stated to exist, and the name and address of the person
from whom the notice was received.
Section 7. Violations. Failure to comply with any of the provisions of
this local law shall be deemed a violation and the violator shall be liable
to a fine of not less than Five Dollars ($5.00) nor more than One Hundred
Dollars ($100.00).
Section 8. Validity. If any section, sub-section, paragraph, clause,
sentence of phrase of this Local Law is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall
• be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portion hereof.
Section 9, Effective Date. This Local Law shall be effective upon adoption.
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