HomeMy WebLinkAboutTB Minutes 1977-09-19 Me 1/. / O N 13&4
tember 190 1977 '
: Larry Fabbroni (copies , Town Board ) � '7 Z ND �
s Zoning Enforcement
Dear Larry;
After my part in our discussion of the methods being employed for zoning
enforcement , (9/12/77 ) it occured to me that it might be helpful to our
zoning officers to suggest some additional methods of detecting zoning
violations . I understand that such violations are discovered presently by
exterior observation, by the reporting of violations by public , and by interior
inspection , upon permission of the owner.
I would like to suggest that , in addition, the Town consider the following
steps : That there be inclosed , in the tax notices , a clear statement of the
tesidential occupancy regulations in relation to the assessment of water and
er benefit charges and to compliance with the zoning ordinance and a sur-
vey form requesting confirmation of our records as to occupancy of a particular
dwelling Also included should be a clear summary of those circumstances in
which a building permit is required and the procedure for . obtaining a permit.
Similar material should be developed for commercial establishments , including
sign ordinance materials .
I believe there are many unknowing violations in the Town of Ithaca that such
a mailing might bring to light and/or avoid in the future. Will you schedule
a discussion of this proposal on the agenda of October 1A, 1977 ?
Sincerely,
rley Raffensperger
dO �z
TOWN OF ITHACA
ASSESSMENT EXEMPTION
This law shall be known as : " REFUNDS . SEWER AND WATER
BENEFIT ASSESSMENTS IN CERTAIN CASES . "
Section 1 . Findings and Purpose . A method of raising
funds for the payment of Town water and sewer improvements includes
the levying of sewer and water benefit assessments according to
the number of dwelling units in a structure . An apartment in a
one - family home is deemed to be a separate dwelling unit . However ,
there are a number of dwelling structures in the Town in which the
main portion of the dwelling and an apartment or other separate
dwelling unit therein are occupied by members of the same family .
It is the intention of this law to make an equitable adjustment
in the assessment of . such benefit charges where such dwelling unit
is occupied by members of the same family as herein defined .
Section 2 . When ( i ) a structure which is used exclusively
for residential purposes °as a one or two - family dwelling contains
an apartment or other separate dwelling unit which is deemed a
separate unit for the purposes of levying special benefit assess -
ments for Town water and sewer improvements , and ( ii ) such apartment
or separate unit is occupied by one or more persons related to the
occupants of the main part of - the dwelling structure as parent ,
brother , sister , child , grandchild , uncle aunt , cousin . of the
first degree or the spouse of such persons , and ( iii ) no rent income
or other payment is received from the occupants of the apartment
or separate dwelling unit for the use thereof , and ( iv ) the dwelling:
structure is owned by one or more of the occupants of the main part
of such structure , then any such special benefit assessment levied
for such apartment or other special assessment as a separate unit
shall be refunded in accordance with the following provisions :
A . At any time after he has paid the Town and County
tax bill issued in January of each year , but prior to March 1 of
such year , the owner of such dwelling may apply for refund of the
amount of the special benefit assessment levied because of a
separate unit or apartment in such dwelling .
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B . Such application , duly executed and sworn to by the
owner shall contain a statement that , as of January 1 of that year
and as of the date of such application , the dwelling and dwelling
unit were and are occupied as hereinabove stated and shall contain
such other statements as are deemed necessary by the Town to deter -
mine eligibility of the applicant for such refund .
C . The Town Clerk shall deliver such application to the
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Town Supervisor ( or other person designated for such purpose ) to -
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gether with any report he may wish to make , for submission to the R
Town Board .
D . If the Town Board shall approve such application , it
shall direct the Town Clerk to refund the amount , with no interest , !�!
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equivalent to the special benefit assessment attributed to such
apartment or separate unit . No such refund shall be delivered to
the owner unless he signs a receipt which may include a statement
that there has been no change in status of the use of , or the income
derived from , the apartment or separate dwelling unit , which would
make him ineligible to receive the refund .
E . Any application for such refund by an eligible owner
must be made. annually and any such eligibility must be established
annually .
F . If , after such refund is received , ( i ) such apartment
is occupied by someone other than a person related to the owner as
described in Section 2 ( ii ) , above , or ( ii ) rent income or other
payment is received by the owner from the occupant of the apartment
for the use thereof , such owner is required , within 30 days there -
after , to notify the Town Clerk , in writing , of the change in status
of the apartment and shall promptly pay to the Town Clerk the
special benefit assessment previously refunded to him .
G . If the owner fails to pay to the Town , within 30 days
after written notice by the Town Clerk , the amount of the refund
he previously received , such amount , together with a penalty of
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ten percent ( 10 % ) of the amount due , and interest at eight and
a half ( 8 - 1 / 2 % ) percent per annum shall be added , as a separate
item to the Town tax . bill of such owner levied thereafter ( the
January Town and County Tax bill ) , and collected as part of such
tax bill .
H . Any person who makes a false statement under any pro -
visions of this law or fails to notify the Town of any change as
required by this subdivision , shall be subject to criminal prose -
cution for perjury pursuant to the provisions of the Penal Law of
the State of New York , and shall be guilty of a violation .
I . Any person , duly authorized by the Town , upon identi -
fication of himself and a delcaration of his purpose , shall have
the right , on five days ' notice , to examine the owner and his
records , and to enter upon and inspect the premises , and to inquire
into the use and rental status of the apartment . The refusal of
the owner or his duly authorized representative , or of any occupant ,
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to permit any inspection or examination in accordance with the above ,
shall be deemed to be a violation .
J . Each application shall be kept in , a separate .file ,
together with a record of the disposition of such request .
R . The penalty for each violation of this law shall be
a fine in an amount not to exceed $ 50 . 00 .
L . This law shall take effect immediately .
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270 Yennsylv ;. nis ilve .
Ithaca , 1 . Y . 14 ,950
November 10 , 1977
Menbers of the Town Board
Town of Ithaca
Ithaca , New York 1495f
Dear Board :1: enmbers ,
Tile Town has proposed the allocation of 117 , 000 to be used
to provide police patrol specifically wit !" in the town ' s borders . This
sum would provide salary , uniforms and equipment , a vehicle , radar , and
training for the person hired . I £ the Officer were to work through
the qb eriff ' s Department he would be a .full time Deputy assigned
specifically to the Town but would still v: ould have County wide
responsibilities . Sheriff Howard estimates that as mach as fifty
per cent of the Deputy ' s time would be devoted to County calls
thereby reducing the Deputy ' s effectiveness to the needs of the Town .
j The Deputy would be working a forty hour week and these recrulated
hours may not provide the coverage the town . desires . The vehicle
would be purchased through Town funds but would be a twenty four
Incur line vehicle for the County ,
I believe that another alternative be considered : Since ,
n: s I understand it , , the Town seems to be primarily interested in
increased traffic control , it might be more efficient if the Town _
were to hire a number of . part time personnel whose schedules could
be arrFan 'F* ed to best cover the Town ' s patrol needs . If the Town were
to hire off - duty Officers they would eliminate tPe need for tra. in � ng .
and have experienced patrol Officers at all times . Since the Town
.vould be pure - asing a patrol vehicle for the Sheriff. ' s ' Department if
the Officer were . to work out of that Office perhaps it would be more
advantageous if the vehicle purchased was a compact car ( example -
Chevy Nova ) as opposed to the full sized Plymouths now in use by the
S } eriff . If the vehicle purchased were to be used only by Town personnel
it could conceivably last ttvo to three times longer than the usual
year to two years that a patrol vehicle lasts . for ; the Sheriff ' s
Department .
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Perhaps members of the 2') nprd cont .. ct officials of the Villa Me
of ' rump r. sburS re � ar :'. ina- this matter as thot Villa. e has now instituted
its otvn " olice force ^ nr3 it has past experience vith the type of coverage
chi r^ rr `. gtr. d Yj .}r � i-. Pri. ff Prlvtard th :? t i� •°_ inr' t' .? Vi n !? c2 i1P. t� Uty specifically
. c.
c ssir nod to 3 r eSlr n t ° !1 ? re Ft but alvjvays to the County .
T hose this inform ;ition is helpful to U- e i3ogrd in det - rminincr
:j: hat type of cover. a. :Te :i ^ h ^ st for the Town .
Sincerely , , �-
Anthony Schultz
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ADDITION TO WATER AND SEWER FORMULA
Where separate sprinkler service connections are made
to the Town water system , the benefit charge will be as follows :
One unit for every 10 . sprinkler heads installed , plus
one unit each for each Siamese connection and each standpipe out -
let .
In the event such requests - are made for connection' to
the transmission system within the Town of Ithaca , consideration
will be given by the Town to such request only after formal approval
by the commission .
The foregoing charge is waived where domestic service is
Iprovided to the same building . .
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