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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 phm 1 - 5 -22 . 00 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 phm2 - 5 -22 . 00 i l; . t ii, It i 1 1 `t1 ' 'I t 1111i 1 , 1 I ' 1 1 : f I! . iI N y{ 11 ill 1, _ _ . „� I�. . . 1 . ] . d; I = �1 ,bt I ..� � IP 4u�i ]f Mx ,. .- 1 qq 1 �..w� 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 4 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 spm- 5 - 22 . 00