HomeMy WebLinkAboutLL 10 of 2006 Repair of Stormwater Facilities.doc
TOWN OF ITHACA
LOCAL LAW NO. 10 OF THE YEAR 2006
A LOCAL LAW ADDING CHAPTER 228 OF THE TOWN OF ITHACA
CODE, TITLED “STORMWATER MANAGEMENT,” REGARDING REPAIR
OF STORMWATER MANAGEMENT FACILITIES AND RECOVERY OF
TOWN CHARGES
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. The Town of Ithaca Code is amended by adding Chapter 228, titled
“Stormwater Management,” as follows:
“CHAPTER 228
STORMWATER MANAGEMENT
§ 228-1. Repair of stormwater management facilities and recovery of
Town charges.
A. This chapter is adopted pursuant to the laws of the State of New York, including
§ 130, Subdivision 15 of the Town Law, § 10, Subdivision 2 of the Municipal
Home Rule Law, and § 10, Subdivision 1(ii)a(9-a) of the Municipal Home Rule
Law, in order to protect and promote the health, safety and welfare of the
community. Among other purposes, this chapter is intended to prevent increases
in the magnitude and frequency of stormwater runoff so as to prevent an increase
in flood flows and in the hazards and costs associated with flooding; control
erosion and sedimentation so as to prevent sediment deposition in streams and
other receiving water bodies; and facilitate the removal of pollutants in
stormwater runoff.
B. Privately-owned stormwater management facilities shall be maintained in good
working condition and kept in good repair. If the Town notifies a property owner
of maintenance deficiencies, the owner shall cause needed repairs to be made
within the number of days set forth in the Town’s notice.
C. If the owner fails to complete the repairs to the satisfaction of the Town’s Director
of Engineering within the period set forth in the Town’s notice, the Town may
enter the property to make the repairs or cause them to be made. The Town’s
entry onto such private property shall be pursuant to an agreement between the
Town and property owner. If no agreement exists or can be obtained in a timely
manner, the Town may enter such property to remove an imminent danger to life,
property or safety of the public caused by the inadequate operation or repair of the
stormwater management facilities.
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D. The Town shall present the property owner with a bill for all costs and expenses
incurred by the Town in connection with the repairs. If the owner shall fail to pay
such costs and expenses within 10 days after the demand for same, or within 30
days of the final decision on any administrative or judicial contest the owner may
pursue, then such unpaid costs, expenses and interest at the per annum rate of 9%
incurred from the date of repair shall constitute a lien upon the land on which the
stormwater management facilities are located. A legal action or proceeding may
be brought to collect such costs, expenses, interest, and recoverable attorney’s
fees, or to foreclose such lien. As an alternative to the maintenance of any such
action, the Town may file a certificate with the Tompkins County Department of
Assessment stating the costs and expenses incurred and interest accruing as
aforesaid, together with a statement identifying the property and owner. The
Tompkins County Department of Assessment shall in the preparation of the next
assessment roll assess such unpaid costs, expenses and interest upon such
property. Such amount shall be included as a special ad valorem levy
(administered as a move tax) against such property, shall constitute a lien, and
shall be collected and enforced in the same manner, by the same proceedings, at
the same time, and under the same penalties as are provided by law for collection
and enforcement of real property taxes in the Town of Ithaca. The assessment of
such costs, expenses and interest shall be effective even if the property would
otherwise be exempt from real estate taxation.”
Section 2. In the event that any portion of this law is declared invalid by a court of
competent jurisdiction, the validity of the remaining portions shall not be affected by such
declaration of invalidity.
Section 3. This local law shall take effect immediately upon filing with the Secretary
of State of the State of New York.
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