HomeMy WebLinkAboutLL 2002 #1 Removal of Unsafe Buildings .Loca•I Law ruing • ALBANY
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162 UASXtNG'r AVENUE, At.RANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
•
Text of law should be given as amended. Do not include matter being eliminated an do not
use italics or underlining to indicate new matter. D
• C o •
Towu •.
• . •
of DAN BY ••
Local Law No. of the year 2002,
A local law TO AMEND LOCAL LAW NO. 4 OF 2000 TO ESTABLISH A PROCEDURE
FOR RECOVERY OF COSTS FOR THE REPAIR OR ' REMOVAL OF UNSAFE
BUILDINGS AND COLLAPSED STRUCTURES.
•
B it enacted by the Town-Bea el
•
of the •
Town •
of .DANBY as follows:
•
• TOWN OF DANBY
LOCAL LAW NO. 1 OF 2002
•
•
A LOCAL LAW TO AMEND LOCAL LAW NO. 4 OF 2000 TO ESTABLISH A
PROCEDURE FOR RECOVERY OF COSTS FOR THE REPAIR OR REMOVAL OF
UNSAFE BUILDINGS AND COLLAPSED STRUCTURES
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. Town of Danby Local Law No. 4 of 2000, entitled: A LOCAL LAW PROVIDING
FOR THE REPAIR OR REMOVAL OF UNSAFE BUILDINGS AND COLLAPSED
STRUCTURES is hereby amended by'adding a new Section 10A to read as follows:
"Section 10A: PROCEDURE FOR RECOVERY OF COSTS.
1. ACCOUNTING OF EXPENSES
The Code Enforcement Officer shall prepare an itemized account of all expenses incurred b.y
the Town in the repair or demolition of any building or structure completed pursuant to this local law. •
Following completion df the repair or demolition the Code Enforcement Officer will file with
the Town Clerk a report describing the real.property upon which the work was performed, setting
forth the names and addresses of all persons notified pursuant to Section 7 and the names and
. addresses of any additional persons to be notified pursuant to Subsection 2 of this section, providing
a description of the notices served pursuant to Sections 6, 7, and 8 of this Law, and an itemization
of all expenses incurred by the Town for the work in the repair or demolition of the building. "
(If additional space Is needed, attach pages the same size as this sheet, and number each.)
• (I)
nnc.71r1 rn,.., 7/9n)
2 Amendment to Local Law#4 of 2000
Procedure for Recovery of Costs
2. NOTICE OF HEARING
Upon receipt of the report, the Clerk shall present the report to the Town Board. The Town
Board will fix a time, date, and place for a hearing to be conducted on the adoption of the said report
and a determination of the method of Assessment of the expenses to be used as described in Section
10 of this local law.
The Clerk shall give notice of the hearing including the date, time and location of the same
by following acts; all of which shall be completed at least ten days prior to the hearing:
a. Posting notice of the hearing upon the property involved,
b. Publishing notice once in a newspaper of general circulation in Tompkins
County,
c. Mailing notice of the hearing to the interested parties identified in the report
by certified mail, postage prepaid.
3. OBJECTIONS
Any person interested or affected by the proposed change may file written protests or
objections with the Town Clerk at any time prior to the time set for the hearing. Each objection must
set forth a description of the objector's interest in the property and the grounds for objection. The
objection should include any documentary evidence and facts upon which the objections are based.
The Town Clerk shall present such objections to the Town Board at the time set for the
hearing and no other objections will be considered.
4. HEARING OF OBJECTIONS
At the hearing,the Town Board shall hear and pass upon the report of the Code Enforcement
Officer together with any objections.
The Town Board may make such revisions, corrections or modifications in the report or to
the charge as it may deem just. The decision of the Board on the report, the charge and or the
objections shall be final and conclusive.
5. MANNER OF ASSESSMENT
Following its decision on the report and objections and if there is an assessment to be made
the Board will decide on one or more of the methods of assessment described in Section 10 of this
law.
a. If the Board orders that the charge shall be a personal obligation of the property
owner, it shall direct the attorney for this Town to collect the same on behalf of the
Town by use of all appropriate remedies.
b. If the Town Board orders that such charge shall be assessed against the property, it
shall confirm the assessment and cause the same to be recorded on the assessment roll
and thereafter said assessment shall constitute a special assessment against and a lien
upon the property.
3 Amendment to Local Law#4 of 2000
Procedure for Recovery of Costs
6. FILING REPORT WITH COUNTY DIVISION OF ASSESSMENT
A copy of the assessment shall be filed with the County Assessor's Office and the Town
Attorney will pursue all steps required by the New York Real Property Tax Law necessary to
administer the assessment as a special ad valorem levy against the land on which the structure or
building are located.
7. CONTEST
The validity of any assessment made under the provisions of this Law shall not be contested
by any action or proceeding unless the same is commenced within thirty (30) days after the
assessment is placed upon the assessment roll.
8. COLLECTION OF THE ASSESSMENT
The amount of the assessment shall be collected at the same time and in the same manner as
ordinary property taxes are collected and shall be subject to the same penalties and procedure and sale
in case of delinquency as provided for ordinary property taxes."
Section 2. In the event that any portion of this law is declared invalid by a court of competent
jurisdiction, the remaining portions shall not be affected by such declaration of invalidity.
Section 3. EFFECTIVE DATE
This local law shall take effect 5 days after its adoption or the date it is filed in the Office of the
Secretary of State of the State of New York, whichever is later.
11-1.02
•
(Complete the certification In the paragraph that applies to the filing of this local law and
. strilcc out that which Is not applicable.)
•
•
1. (Final adoption by Local legislative body uuly.) • • • . .•
I hereby certify that the local law annexed hereto, dcsignatnd as local law No.. 1 of 2,002
of the ( '(Zpi*¢j(Town)( g) of DANBY
Town Board an 0 was duly passed b}' the 11Tame of Legislative Body) July R 24Q2, in accordance with the applicable provisions uf law.
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•
•
•
2. (Passage b ocal Iegislative bad with approval, no disapp oval or sepassage after'' sapproval
by the . nr.tivc Chief Exceut e Officer'.) 0
•
I hereb certify that the local . :w annexed hereto, desi aced as local law No. o
of th, (County)(City)(Tow rillage) of ° 9 •
• was duly pas -d by the
on 19 , and was (approv-.r1)(nnt disapproved re
r•rne or . cps attve body --' )( p .Cd after•
disapproval) by the
(deceive ChierExecutive••Ols'er' and was deeme duly adopted on 19
in accordance ••th the applicable provis'•ns of law.
•
•
3. (Fl- al adoption by referent m.)
' I h-,eb- certify-tha he to l law a axed hereto :esigl ated as to 1 law•No..
_ of -tilt (County)(C' y)(To., )(Villn ,.) of of 19
was my passed b ' the
Body in )( ppr ed)(repassed tier
me of Le¢Islati e ]3od 19_, and as (approv not disa
• sapproval) •y the on 19
Jett! C a• &x•auti a •lficcr Su l local IaW W
submitte to the people •y reason o a (mandatory)(pe issive) rcfe endum, and rcc ived the aft' mative
vote of : majority of le quatifie electors voting tit con at the
10 (general)(special)( nnual) elect; n held on
in accordance with the appli able provisions of law. . • •
4. (Subje to permissive referendum an. final adopt(. because no va ': petition was I cd reques ng
rcfe dum,)
I heresy certify that elocal law a• nexed hereto designated as lo• I law No. 01' 19
of tl • (County)(Ci ; (Town)(Villa:e) of
was . ly passed b the
t' me of eglelauv lo•y •n — 19 , and as (approved) o; disappro ed)(repasse after
isapproval) the 0 on • '
Electty- Chief Executive • (leer' 9_ SUCI local law w s subject to
permissiv referendum a . no valid pct'tion requestin_ uch referendu was tiled as •1. • 19
in accor. nee•with the : •plicable pro • sions of Law. 0 —
•
•
• 'Elective Chief Executive Officer 'lies/„ ur includes the chief executive officer of h county elected on a
county-tilde basis or, If there be-none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the power to approve or veto local
laws or ordinances. ,
•
•
(2) ..
•
•
.. ., • (Cl`ty local Ia5 concerning Chart r revision proposed b petition,) •
T helrehy cert: that the local , • annexed hereto, •• ignated as local Iaw of •_______ Z.of the Cit of having b n submitted to refe ndum puts t to
the pr isions of sectio 6)(37) of the ?Au ' ipal 1-iome Rule Law nd haviub received e affirmati rote
• of ajority of the , alified electors of . ch city voting thereo t the (speciai)(gene ) election 1 don
• , became operative.
•
•
•
6. (County ioc law cout..cr,d , xduptiun of Char r.)
I hereby cer fy that the Io•-.1 law annexed he o, designated as 1-cal law No. of ,
of the Co ty of , State of New 'ork, having be, submitted
the elect s at the Gen, al Election of N•, ember 19�, pure-ant to subdivis'•ns 5 and 7
section 3 of the•Mu•tcipal Home Ru , Law, and having ceived the affir •ative vote of a ajority of e
aualir d electors n the cities of sai• county as a unit a• d of a majority • the qualified cctots of tl towns
of sa'd county co,sides ed as a uni• voting at said gen al election, beca• e operative:
.
(I any other authorized form •f final adoption has bcet'foilewed, please provide an apprbpritate certification.)
. I further corti£y that X have compared the preceding local law with the original on file in this office.and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph ` , above.•• - t.." j 71 .
.44,// / z
1 Otetk y igtelecore bod, icy, 1' wn or tiilrage l;lerk
— or o ices designated b '-cii legilaetive body
(Sea?) Date: /()� J00'2_-
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of Iocality.)
STATE OF NEW von
COUNTY OF • •
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had of taken fur the enactment of the local law annexed hereto.
Signature
Tale
County
City of •
Town
Village .
Date: • •
. ;
• (3)
TOWN OF DANBY
TOWN BOARD PUBLIC HEARING
JUNE 10, 2002
PROPOSED LOCAL LAW
Amendment to Local Law
No. 4 of 2000
PRESENT:
Supervisor Fredric Dietrich
Councilpersons: Joel Gagnon, Naomi Strichartz,Norbert Nolte, Gladys Varona-Lacey
Others Present:
Richard Stumbar - Town Attorney
Carol Sczepanski - Town Clerk
Susan Beeners - Code Enforcement Officer
Susan Howe - Highway Department Secretary
Members of the Public:
Ames Brown, Bob Roe, Eileen Wright, Willard T. Daetsch, Toshov Storrs, Esther Dotson, Josh
Benjamin and others.
Public Hearing Declared Open:
Supervisor Dietrich declared the public hearing open at 7:03 p.m. and the clerk read the following
"Notice of Publication": "PLEASE TAKE NOTICE,that the following public hearing will be held
by the Town Board of the Town of Danby on Monday, June 10, 2002 at 1830 Danby Road, Ithaca,
New York at 7:00 p.m. to consider a proposed local law entitled: "A LOCAL LAW TO AMEND
LOCAL LAW NO. 4 OF 2000 TO ESTABLISH A PROCEDURE FOR RECOVERY OF COSTS
FOR THE REPAIR OR REMOVAL OF UNSAFE BUILDINGS AND COLLAPSED
STRUCTURES" by adding a new Section 10A: Procedure for recovery of costs. A copy of the
proposed local law may be viewed at the Town Clerk's Office during regular hours.
All persons will be heard either in person or in writing.
A regular meeting of the Board will follow the public hearing.
By Order of the Town Board
Carol W. Sczepanski, Town Clerk
Dated: May 24, 2002
Published: May 28, 2002"
Communications Received:
Affidavit of Publication
Affidavit of Posting
Tompkins County Planning Review
Supervisor addressed the public and explained that this proposed local law is for the procedure for
2 Public Hearing Minutes
Proposed Local Law
June 10,2002
recovery of costs related to the removal of unsafe buildings and collapsed structures.
Comments and Questions from the Public and Board:
Robert Roe-asked if this process was put out to bid and when these costs are incurred, what is the
process by which you incur them.
Supervisor Dietrich said it is just a process of recouping monies that have already been spent for the
demolition and removal of unsafe buildings. The costs for demolition would go out to bid.
Attorney Stumbar - reported that the point of hearing in the amendment to Local Law No. 4 of
2000 is a way to protect Board from having to deal with submissions they were not ready to deal
with. When you get to this process you are going to be talking about is the legitimacy of the expense.
In the normal hearing you are asking for public input based on the legitimacy of specific expenses
that were incurred by the Town(or on behalf of the Town)to remedy this problem. A public hearing
is a due process requirement.
There is some confusion on the ad valorem and how Local Law No. 4 of 2000 was set up initially.
It probably should be addressed in Section 10. He explained that the amendment is set up so that the
expense to be recovered is by assessment not a special ad valorem levy. An assessment is generally
an improvement to the property and gets charged to the property. He would like to get an opinion
from the Tompkins County Assessment Director on the ad valorem levy as apposed to a special
assessment. The tax if it remains unpaid will eventually become a lean.
Attorney Stumbar said that this is a process because of the concern that the Town should set up a
process whereby the person who is going to be levied has an opportunity to be heard to object to the
amount that is going to be levied on his property.
The hearing today is for amending the local law by adding an extra provision which says how we
calculate the amount is due. If you're not going to change the procedure for placing the assessment
as a levy on the tax bill and collecting it through taxes it will remain the same. It also sets up a
mechanism for setting up a hearing for determining under what procedure the Town may use for
recovering costs.
The Attorney will consult with Tompkins County Assessment Director before there be any change
in the language about the ad velorem tax levy.
Councilperson Gagnon said that we need to clarify what the nature of the assessment is as it really
is not an ad velorem levy.
3 Public Hearing Minutes
Proposed Local Law
June 10, 2002
The Board will make a decision on the Proposed Local Law in July 2002.
Public Hearing Declared Closed:
Supervisor Dietrich declared the public hearing closed at 7:50 p.m.
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per IJK SrAtE DEPARTMENT OF STATE
•coca, aw t-fling 162 WASXINGTOH AVENUE; ALRAIY, WY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not •
use italics or underlining to indicate new matter. .
Agic of DANBY • •
Tox u •
•
Local Law No. • 1 of the year 2002_
A local law TO AMEND LOCAL LAW NO. 4 OF 2000 TO ESTABLISH A PROCEDURE
FOR RECOVERY OF COSTS FOR THE REPAIR OR" REMOVAL OF UNSAFE
• BUILDINGS AND COLLAPSED STRUCTURES. •
B it enacted by the Town-Beard of the
Town
of .DANBY as foIlotiYS:
•
•
•
•
•
• TOWN OF DANBY
• LOCAL LAW NO. 1 OF 2002
A LOCAL LAW TO AMEND LOCAL LAW NO. 4 OF 2000 TO ESTABLISH A
PROCEDURE FOR RECOVERY OF COSTS FOR THE REPAIR OR REMOVAL OF
UNSAFE BUILDINGS AND COLLAPSED STRUCTURES
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. Town of Danby Local Law No. 4 of 2000, entitled: A LOCAL LAW PROVIDING
FOR THE REPAIR OR REMOVAL OF UNSAFE BUILDINGS AND COLLAPSED
STRUCTURES is hereby amended by'adding a new Section 10A to read as follows:
"Section 10A: PROCEDURE FOR RECOVERY OF COSTS.
•
1. ACCOUNTING OF EXPENSES
•
The Code Enforcement Officer shall prepare an itemized account of all expenses incurred b.y
the Town in the repair or demolition of any building or structure completed pursuant to this local law.
Following completion bf the repair or demolition the Code Enforcement Officer will file with
the Town Clerk a report describing the real.property upon which the work was performed, setting
forth the names and addresses of all persons notified pursuant to Section 7 and the names and
. addresses of any additional persons'to be notified pursuant to Subsection 2 of this section, providing
a description of the notices served pursuant to Sections 6, 7, and 8 of this Law, and an itemization
of all expenses incurred by the Town for the work in the repair or demolition of the building. •
(If additional space Is needed, attach pages the same size as this sheet, and number each.)
(I) •
nnc.7M (n,.., 7ron) - .
2 Amendment to Local Law#4 of 2000
Procedure for Recovery of Costs
2. NOTICE OF HEARING
Upon receipt of the report, the Clerk shall present the report to the Town Board. The Town
Board will fix a time,date, and place for a hearing to be conducted on the adoption of the said report
and a determination of the method of Assessment of the expenses to be used as described in Section
10 of this local law.
The Clerk shall give notice of the hearing including the date, time and location of the same
by following acts; all of which shall be completed at least ten days prior to the hearing:
a. Posting notice of the hearing upon the property involved,
b. Publishing notice once in a newspaper of general circulation in Tompkins
County,
c. Mailing notice of the hearing to the interested parties identified in the report
by certified mail, postage prepaid.
•
3. OBJECTIONS
Any person interested or affected by the proposed change may file written protests or
objections with the Town Clerk at any time prior to the time set for the hearing. Each objection must
set forth a description of the objector's interest in the property and the grounds for objection. The
objection should include any documentary evidence and facts upon which the objections are based.
The Town Clerk shall present such objections to the Town Board at the time set for the
hearing and no other objections will be considered.
4. HEARING OF OBJECTIONS
At the hearing,the Town Board shall hear and pass upon the report of the Code Enforcement
Officer together with any objections.
The Town Board may make such revisions, corrections or modifications in the report or to
the charge as it may deem just. The decision of the Board on the report, the charge and or the
objections shall be final and conclusive.
5. MANNER OF ASSESSMENT
Following its decision on the report and objections and if there is an assessment to be made
the Board will decide on one or more of the methods of assessment described in Section 10 of this
law.
a. If the Board orders that the charge shall be a personal obligation of the property
owner, it shall direct the attorney for this Town to collect the same on behalf of the
Town by use of all appropriate remedies.
b. If the Town Board orders that such charge shall be assessed against the property, it
shall confirm the assessment and cause the same to be recorded on the assessment roll
and thereafter said assessment shall constitute a special assessment against and a lien
upon the property.
3 Amendment to Local Law#4 of 2000
Procedure for Recovery of Costs
6. FILING REPORT WITH COUNTY DIVISION OF ASSESSMENT
A copy of the assessment shall be filed with the County Assessor's Office and the Town
Attorney will pursue all steps required by the New York Real Property Tax Law necessary to
administer the assessment as a special ad valorem levy against the land on which the structure or
building are located.
7. CONTEST
The validity of any assessment made under the provisions of this Law shall not be contested
by any action or proceeding unless the same is commenced within thirty (30) days after the
assessment is placed upon the assessment roll.
8. COLLECTION OF THE ASSESSMENT
The amount of the assessment shall be collected at the same time and in the same manner as
ordinary property taxes are collected and shall be subject to the same penalties and procedure and sale
in case of delinquency as provided for ordinary property taxes."
Section 2. In the event that any portion of this law is declared invalid by a court of competent
jurisdiction, the remaining portions shall not be affected by such declaration of invalidity.
Section 3. EFFECTIVE DATE
This local law shall take effect 5 days after its adoption or the date it is filed in the Office of the
Secretary of State of the State of New York, whichever is later.
11-1.02
r ,
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that rIiicEt 1s not tt},pIitttbje,)
•
1. (Final adoption by local lcgislntiye body uuly.) • . . . . . •
I hereby certify that the local law annexed hereto, dcsignatrd ss local law No.' 1 of 2002
of the (C ' ' )(Town)( ¢) of DANIBY
Town Board on was duly passed b
July R 21 , in accordance with the applicable ) the
'('liame of Legislative Body) provisions of law
•
•
2. (Passage b ocal Iegislative bod with approval, no dlsapp .val or repassage afterc sapproyal
by the . r.r.tive Chief i —cut' a Officer`.). .
I hereb certify that the local ' .w annexed hereto, desi! ated as local law No.
of th, (County)(City)(Tow tillage) of 0 9
was duly pas -• by the
on 19_, and was (approv .d)(not disapproved)(rep.aced after
r arne of ego arse body --'
disapprdvaI) by the and was deem duly adopted on
(.teeny. Chief Exeeutivi'QTAer' j�__.
in accordance %'•th the applicable provisions of law. • •
•
3. (Fi a1 adoption by referen. m.)
' I hereb; certify tha he lo .l law a exed hereto iesigrtated as to 1 law'No.
_ of •th. (County)(C' y)(To�• )(Ville:,,) of of 19
�n was my passed b , the
me of Le¢i.lat' e Body• 19 , an as (approv )(not disappr ed)(repassed fter
• sapproval) .y the on 19_
-lee,l C .• iix•euti a •1Gecr Su 1 local laW W
. submitte to the people •y reason o a (mandatory)(pe issive) rcfe ndun , and rcc ived the aff' mative
vote of majority of.,e quatifie electors voting th con at the (general)(speciai)( nnual) elccti n held on
.19 , in accordance with the appli able provisions of law. . '
•
4. (Subje to permissive referendum an. final adopt!. because no va ': petition was f' ed reques ng
I hereby certify that e.local law a•hexed hereto designated as lo• I law No. of 19
of ti - (County)(Ci ; (Town)(Viiln_e) of
was • ly passed b thc
'n 19 , and •as (uupruved) o; disappro ed)(rcpassc after
'ame of eglflativ o•y _
isapproval) • the -
on 9 Suc1 local law w s subject to
Electty. Chic!Executive lacer' —
permissiv referendum a . no valid pct'tion requestin• ucl, referendu • was filed as .t 19
in accor•ance•with the . eplicable pro sions of Jaw. —
•
•
•
•
'Elective Chief Executive Office,' u,euil or includes the chief executive officer of h county elected on a
county-w(de basis or, If there be-none, the chairman of the county legislative body, the mayor of a city j
or village, or thc supervisor of a town ,there such officer Is vested tivitll the power to approve or veto local
laws or ordinances.
•
•
(2)
•
• City local law concerning Chart r revision proposed b petition.) •
T httre.by certj that the local • • annexed hereto, •• ignated a; local law of
of the Cit of having b n submitted to refe ndum puts t to
the pr ,sions of scene 6)(37) of the Mu ipel Howie Rule Law nd haviub received e aCfirntati vote
• of ajority of the - alified electors of . ch city voting thereon• t the (speciai)(gene ) election 1 don
• , became Operat' •e.
•
6. (County Ioc law coui:erui • adoption of Char r.)
I hereby car fy that the Io-.1 law annexed he o, designated as 1-.cal law No. . . of
of the Co ty of • , State of New ork, having be- submitted
the elect s at the Gen, al Election of N•, ember 19 , pure ant to subdivis•.ns 5 and 7
section 3 of the lMu•icipat Home Ru Law, and having ccived the affir • .tive vote of a ajority of e
oualif. d electors n the cities of sni• county as a unit a• d of a majority • the qualified cctots of tl towns
of sa'd county co•sider ed as a uni• voting at said gen al election, beca• e operative:
(I any other authorized form •f final adoption has been'followed,'please provide an appropritate certification.)
•
•
•
I further certify that X have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph r , above.
A./ •
Qletk u,• vuney le alactve boa c jown -
gi y, l or Village Clerk
or officer designated b c legileetive Lady
•
(Seal) Date: /�� JOcI2_-
l
(Certification to be executed by County Attorney, Corporation Counsel, Torn Attorney, Village Attorney or
other authorized Attorney of Iocality.)
STATE OF NEW YORE
COUNTY OF
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had of taken fur the enactment of the local law annexed hereto.
•
•
Signature —
• Title
County
City
•
Town of
•
Village
•
Date: •
•
(3)
•
Co py
•
STATE OF NEW YORK
DEPARTMENT OF STATE
4 I STATE STREET
ALBANY, NY 1 2231-0001
GEORGE E. PATAKI RANDY A. DANIELS
GOVERNOR SECRETARY OF STATE
July 24 , 2002
Carol W Sczepanski
Town of Danby
1830 Danby Road
ITHACA, NY 14850
RE : Town of Danby, Local Law 1, 2002 , filed 07/17/2002
The above referenced material was received and filed by this office as
. indicated. Additional local law filing forms will be forwarded upon
request .
Sincerely,
Laa,
Linda Lasch
Principal Clerk
State Records & Law Bureau
(518) 474-2755
401 :1 iti+
•
•
co
1111k?
J�L 29 2002
rr
WWW.DOS.STATE.NY,US • E-MAIL: I NFOD,DOS.STATE.NY.US
REC IC L ED R&RER
4
STATE OF NEW YORK
DEPARTMENT OF STATE
4 I STATE STREET
ALBANY, NY 1 223 I -000
GEORGE E. PATAKI RANDY A. DANIELS
GOVERNOR SECRETARY OF STATE
July 24 , 2002
Carol W Sczepanski
Town of Danby
1830 Danby Road
ITHACA, NY 14850
RE : Town of Danby, Local Law 1, 2002 , filed 07/17/2002
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request .
Sincerely,
Lre/Oft* Lt34C \-•
Linda Lasch
Principal Clerk
State Records & Law Bureau
(518) 474-2755
11 it+
jUL 29 2002
IS'•
yTJ 710,
WWW.DOS.STATE.NY.US • E-MAIL: INFO @DOS.STATE.NY.US
RECTS1.ED PAPER
I ' ,
BIXLER STUMBAR, LLP
ATTORNEYS AND COUNSELORS AT LAW
207 EAST COURT STREET
ITHACA, NEW YORK 14850
ELIZABETH J. BIXLER TELEPHONE 607-273-6300 FAX 607-273-2156
L. RICHARD STUMBAR'
SERVICE OF PAPERS BY FAX NOT ACCEPTED
'ALSO ADMITTED IN PENNSYLVANIA
SARAH R. DEAN, PARALEGAL
E-MAIL:EBIXLER @juno.com
RTTUMBAR®Juno.com
July 15, 2002
Carol W. Sczepanski
Town Clerk
Town of Danby
1830 Danby Road
Ithaca,New York 14850
Re: Danby Local Law No. 1 of 2002
Dear Carol,
Enclosed please find a certified original of Local Law No. 1 for 2002.
Very truly yours,
L. Richard Stumbar
LRS:bjt
Enclosures
- -I'
r11116 t r(Enr OF STArE
162 NAS1{lNGTOH.AVEUUE; AteANY, MY 12231
(Use this torus to file a local law with the Secretary of Stoic.)
Text of lnw should be given as amended. Do not include matter being eliminated and do not
use italic; or underlining to indicate new matter.
•
f DANBY
TU ru o
Local Law No 1 or the year 20(}2_ •
•
A local law TO AMEND LOCAL LAW NO. 4 OF 2000 TO ESTABLISH A PROCEDURE
FOR RECOVERY OF COSTS FOR THE REPAIR OR ' REMOVAL OF UNSAFE
BUILDINGS AND COLLAPSED STRUCTURES. •
B it enacted by the Tewn-Beard of the
.DANBY
Town of as follows:
•
•
• TOWN OF DANBY
LOCAL LAW NO. 1 OF 2002
•
A LOCAL LAW TO AMEND LOCAL LAW NO. 4 OF 2000 TO ESTABLISH A
PROCEDURE FOR RECOVERY OF COSTS FOR THE REPAIR OR REMOVAL OF
UNSAFE BUILDINGS AND COLLAPSED STRUCTURES
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. Town of Danby Local Law No. 4 of 2000, entitled: A LOCAL LAW PROVIDING
FOR THE REPAIR OR REMOVAL OF UNSAFE B.UILDINGS AND COLLAPSED
STRUCTURES is hereby amended by adding a new Section 10A to read as follows:
"Section 10A: PROCEDURE FOR RECOVERY OF COSTS.
•
1. ACCOUNTING OF EXPENSES • •
The Code Enforcement Officer shall prepare an itemized account of all expenses incurred b.y
the Town in the repair or demolition of any building or structure completed pursuant to this local law.
Following completion df the repair or demolition the Code Enforcement Officer will file with
the Town Clerk a report describing the real.property upon which the work was performed, setting
forth the names and addresses of all persons notified pursuant to Section 7 and the names and
. addresses of any additional persons to be notified pursuant to Subsection 2 of this section, providing •
a description of the notices served pursuant to Sections 6, 7, and 8 of this Law, and an itemization
of all expenses incurred by the Town for the work in the repair or demolition of the building.
(If ndditioaal space Is needed, attach pages the same size as this sheet, and number each.) ;
(l) •
nnc•-tn rpm.. 7i9111 •
2 Amendment to Local Law#4 of 2000
Procedure for Recovery of Costs
2. NOTICE OF HEARING
Upon receipt of the report, the Clerk shall present the report to the Town Board. The Town
Board will fix a time, date, and place for a hearing to be conducted on the adoption of the said report
and a determination of the method of Assessment of the expenses to be used as described in Section
10 of this local law.
The Clerk shall give notice of the hearing including the date, time and location of the same
by following acts; all of which shall be completed at least ten days prior to the hearing:
a. Posting notice of the hearing upon the property involved,
b. Publishing notice once in a newspaper of general circulation in Tompkins
County,
c. Mailing notice of the hearing to the interested parties identified in the report
by certified mail, postage prepaid.
3. OBJECTIONS
Any person interested or affected by the proposed change may file written protests or
objections with the Town Clerk at any time prior to the time set for the hearing. Each objection must
set forth a description of the objector's interest in the property and the grounds for objection. The
objection should include any documentary evidence and facts upon which the objections are based.
The Town Clerk shall present such objections to the Town Board at the time set for the
hearing and no other objections will be considered.
4. HEARING OF OBJECTIONS
At the hearing,the Town Board shall hear and pass upon the report of the Code Enforcement
Officer together with any objections.
The Town Board may make such revisions, corrections or modifications in the report or to
the charge as it may deem just. The decision of the Board on the report, the charge and or the
objections shall be final and conclusive.
5. MANNER OF ASSESSMENT
Following its decision on the report and objections and if there is an assessment to be made
the Board will decide on one or more of the methods of assessment described in Section 10 of this
law.
a. If the Board orders that the charge shall be a personal obligation of the property
owner, it shall direct the attorney for this Town to collect the same on behalf of the
Town by use of all appropriate remedies.
b. If the Town Board orders that such charge shall be assessed against the property, it
shall confirm the assessment and cause the same to be recorded on the assessment roll
and thereafter said assessment shall constitute a special assessment against and a lien
upon the property.
•
3 Amendment to Local Law#4 of 2000
Procedure for Recovery of Costs
6. FILING REPORT WITH COUNTY DIVISION OF ASSESSMENT
A copy of the assessment shall be filed with the County Assessor's Office and the Town
Attorney will pursue all steps required by the New York Real Property Tax Law necessary to
administer the assessment as a special ad valorem levy against the land on which the structure or
building are located.
7. CONTEST
The validity of any assessment made under the provisions of this Law shall not be contested
by any action or proceeding unless the same is commenced within thirty (30) days after the
assessment is placed upon the assessment roll.
8. COLLECTION OF THE ASSESSMENT
The amount of the assessment shall be collected at the same time and in the same manner as
ordinary property taxes are collected and shall be subject to the same penalties and procedure and sale
in case of delinquency as provided for ordinary property taxes."
Section 2. In the event that any portion of this law is declared invalid by a court of competent
jurisdiction,the remaining portions shall not be affected by such declaration of invalidity.
Section 3. EFFECTIVE DATE
This local law shall take effect 5 days after its adoption or the date it is filed in the Office of the
Secretary of State of the State of New York, whichever is later.
11-1.02
pplies' (Complete the certification In the paragraph that a
• to the filing of this local law and
strike out that which Is not applicable.)
•
•
•
1. (Final adoption by local legislative bud), (July,) • •
I hereby certify that the local law annexed hereto, dcsignatrd as local law No:
Was of the (Gawee ( g)(Town)( g) o f u f 2002 Town Board duly passed by t c
lame of Leg-illative Boa Bo%�y) On Icily R 21102, in accordance with the applicable AP provisiUna (Jr law,
•
2. (Passage b ocal Iegislative bad with approval, no (Ifs;pp .val or repassage afte••• sapproval
by the . r.nttve Chief Emocut c Officer•.) p
I hereb certify that the local . w annexed hereto, desi. ated as Iocal law No. •
of th,. (Cot nty)(City)(Tow village) of o 9
was duly pas by cite
On 19 , and was (approv .d nit disa
I'erne or eau acive lyouy — )( pproved)(rep.esed after
disapproval) by the and was deeme duly adopted on
taieetive Chief Exeeutivi'O1i"er'j 19
in accordance ' 'th the applicable provis'•ns of law. ,
•
•
•
3. (Fi al adoption by referent m.)
' I h-,eb- certify that he lo 31 law a► exed hereto :esigi ated as lo 1 law'No..
of •th, (County)(C' y)(To�: )(Villa ) of _ of 19
• was my passed b Z the
in 19 , an as (approv )(not disa
me of Le¢ielsti Body ppr ed)(repassed tier •
• sapproval) .y the on • l9
aleetiv Ck,• k:x•euti . *Ulcer
Su 1 local law W
submitte to the people •y reason o a mandator •
vote of : ( y)(pe issive) rcfe, endurt, and rec ived the aft' mative
majority of le qualifiu electors voting th con at the (general)(special)( nnual) elect! n held on
•19 , in accordance with the applicable provisions of law. . • -
•
4. (Subje to permissive referendum an. final adopt!. because no ya ': petition was f' ed reques lig
rcfe dum,) •
I herc••y certify that ,e'local law a• nexcd hereto dczignatcd as Io• I law Nu. of 19
of ti - (County)(Ci ; (Town)(Villa.e) of
was . ly passed b the
'n 19 , and as (uupruved) o: disappro ed)(repasse• alter
t me of LeZftfativ ody —"
•
!sapproval) . the on
Electiv- Chief Executive ricer' 9 Suel Iocai law w s subject to
permissiv referendum ar• no valid pct'tion requestin_ uclt rcferendu • was filed as .t' • 19
in accor.ance•with the . .piicable pro sions of law. —
•
•
'Elective Chief Executive Officcr u,esIn ur includes the chief executive officer of h county elected on a
•
county-wide basis or, If there be-none, the chairman of the county legislative body, the mayor of a city
or village, or the superyrsor of a tor,-,1 ,vliere aucli officer Is vested with the power to approve or veto local
laws or ordinances.
•
.Y•
(2) .
• (Cfty;locnt law concerning Chart r revision proposed b petition,) • •
'1• harchy cert: that the local • • annexed hereto, • ignored as local In w •
of the oC 7r % aofeo 6)(37hajority of the - alified electors of . ch city voting thereon, t the (speciai)(gene ) election 1 don
• , became °perm'-e.
•
6, (County loc law coui:erui adoption of Char r.)
•
I hereby cer fy that the Io-.1 law annexed he o, designated Hs 1•.cal law No, . . of ,
of the Co ty of , State of New ork, having•be: submitted
the elect s at the Gen: al Election of N•, ember 19 , pure ant to subdivis%ns 5 and 7
section 3 of the'Mu•icipat Home Ru - Law, and having ccived the affir •ative vote of a ajority of c
aualif. d electors n the cities of sal- county as a unit a- d of a majority • the qualified ectots of tl towns
of sa'd county co•sides ed as a uni- voting at said gen al election, beca• e operative:
(I any other authorized form $f final adoption has been'foltdwed, please provide an apprbpritate certification.)
•
•
•
. 1 further certify that X havc compared the preceding local law with the original on file in this Office'and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph I , above.
_ �- dle�k (41-41 t1acSYe GOd -gt cy,Town or Vida;e Clerk
or o icer designmtad b '-cf legilaative Cody
_(Seal. Date: /d
•
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, 'Village Attorney or
other authorized Attorney of Iocality.)
STATE OF NEW YOp •
COUNTY OF 1-6W'
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken fur the enactment of the local law annexed hereto.
Stgrta re •
Tat.
•
County
City
ow of DA-.. 10.--)
_.
•
Village
Date: i t r I a�—
(3)
f , 14.16.4(9/95)—Text 12
PROJECT I.D. NUMBER 617.20 SEAR
Appendix C
' State Environmental Duality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPLICANT/SPONSOR 2. PROJECT NAME Idt)C_ I
1awh 0.- D6 r,-b t,1 Tow h 6o0-rk Amelia me vi-1- 0-P ns6L P3)d1/4_1 -
3. PROJECT LOCATION:
Municipality V1 County T l S
4. PRECISE LOCATION(Street address and road Intersections,prominent landmarks, etc.,or provide map)
CTb VON)w it,r_)
•
5. IS PROPOSED ACTION: �/
❑New ❑Expansion ,L��Modiflcatlon/alteration
6. DESCRIBE PROJECT BRIEFLY:
A IM e In c51v>n e A.. . o c Lo crv( L-4 vj N o , I+ o-P 2 UM), A Lo c . 1 L 1n.) Fro vt dl 0'
fcr-r 2 ""t04jY +N rz.ew1eNai o- Iii NS6A., $tllld►i1 Ghd Co11GpeL
5--YL1()-U Y e/,11 f1 4+A A 171 t y in a. -P)°Ce d IA✓2, (fie CO- �� o e -3--1-
7. AMOUNT OF LAND AFFECTED: S45--0 el f� G&V Q/, // \\
Initially acres - Ultimately acres C �Nwi12
8. W .PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAUD USE RESTRICTIONS?
Yes ❑No If No, describe briefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
Residential QSJ Industrial tp(Commeretai 'Agriculture L)Si Park/Forest/Opan space Other
Describe: / / ` W1(,/eV elle S
10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL
STATE OR LOCAL
❑Yes No M yes, list agency(s) and permIt/approvals
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
❑Yes ❑No If yes, list agency name and permlUapproval lin •
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
❑Yes ❑No N .!Z
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor name: OW yt OT �1:, v1-6]/ Towy\ i. i
I Date: g` 1 �� o
2 C- D 1`— ' rch•-,, 1 s v �Zl f-e-,, t if arc
Signature: 'klieg .AL
1 -
If the action is In the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
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1
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• / :..�
.
PART II—ENVIRONMENTAL ASSESSMENT (To be completed by Agency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRA, PART 617.4? If yes,coordinate the review process and use the FULL EAF.
t' • ❑Yes ZNo
8. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration
may be superseded by another involved agency.
❑Yes ZNo
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal,
potential for erosion,drainage or flooding problems? Explain briefly:
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural reso rtes; •' c•r .. br neighborhood character?Explain briefly:
1
1
C3. Vegetation w fauna, fish, shellfish or wildlife species, sign 140 abttats, or threatened or endangered species? Explain briefly:
C4. A community's existing plans oal s :Wally adopted,or a change in use or Intensity of use of land or other natural resources?Explain briefly. •
CS. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly.
C6. Long term,short term,cumulative, or other effects not identified in C1.C5? Explain briefly.
C7. Other impacts(Including changes in use of either quantity or type of energy)? Explain briefly.
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA?
❑Yes 0 N
E. IS THERE,OR IS THERE LIKELY TO 8E. CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
❑Yes ❑No If Yes, explain briefly
PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant.
Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d)
irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that
explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If
question 0 of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action
on the environmental characteristics of the CEA. (
❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY
occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration.
❑ Check this box if ybu have determined, based on the information and analysis above and any supporting
documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts
AND provide on attachments as necessary, the reasons supporting this determination:
—rain) ek oT 1)4 Y, 1 Tovv>^ P>- 04.-r_
ame of Lead Agency
�c �' e T�v1 �>n�o-ez,rV t 4 15I- y
Prim I ype ame • Responsible()incur in Lead Agency I Title Responsible Officer
li ► I r
*' lure •es'.onii•le Orlrcer in Lead Agency : " I Signature of Preparer Ili different from responsible otrlcerl ii Dale
9
I v
PART II ATTACHMENT—ENVIRONMENTAL ASSESSMENT-AMENDMENT OF UNSAFE
BUILDINGS LOCAL LAW (refer to questions on form)
A. No. This is an Unlisted Action.
B. The Town Board is Lead Agency. Tompkins County Dept. of Planning is an interested agency
related to review of the action under General Municipal Law 239-1 and—m.
CI. No significant impacts to these features are expected, as the proposed local law amendment involves
no direct physical alterations. It only sets forth the process for recovering costs for the repair of removal
of unsafe buildings and collapsed structures. With respect to Local Law No. 4 of 2000, which is being
amended by this local law, subsequent actions which might be taken to repair, demolish, or remove
unsafe buildings and collapsed structures would be subject to further SEQR classification and review as
may be required.
C2. As in Cl,the proposed local law amendment involves no direct physical changes. Subsequent
actions taken to remedy unsafe conditions under Local Law No. 4 of 2000 are likely to improve
neighborhood character and general environmental conditions.
C3. As in CI above. It is likely that further SEQR classification and review, as required, and knowledge
of site-specific conditions, would mitigate any potential adverse impacts to such species and habitats.
C4. The proposed local law amendment is consistent with objectives of the Town Zoning Ordinance, and
the New York State Uniform Fire Prevention and Building Code. As in Cl above, no physical changes
would occur as a direct result of the local law amendment.
C5. No significant adverse impacts related to this local law amendment are expected, as beneficial
impacts are the intent of the amendment and of Local Law No. 4 of 2000.
C6. No significant adverse impacts are expected for reasons described above.
C7. Subsequent actions taken as a result of Local Law No. 4 of 2000 and its amendment would most
likely incur energy use related to remediation of unsafe conditions, but such energy use would be
temporary and modest in impact.
D No Critical Environmental Areas exist in the Town, and the proposed local law is not site specific.
E. No controversy related to potential adverse impacts is known or expected at this time.
PART III—DETERMINATION OF SIGNIFICANCE
A negative determination of environmental significance is recommended. The proposed local law
amendment, and the local law it is amending, in of themselves involve no physical alteration. If
subsequent actions were taken to repair, demolish, or remove unsafe buildings and collapsed structures,
these would be subject to further SEQR classification and review on an individual basis, with beneficial
environmental impacts expected to community health, safety, and general welfare.
Town of Danby Town Board, Lead Agency 7 G ./EV '
Ric Dietrich, Town Supervisor Susan C. Beeners, Reviewer, May 13, 2002
/Tompkins County
i s 44* * 1
DEPARTMENVOl PLANNING
121 East"cc'iurt Street)
Ithaca, rvyx ork 14850
Edward C.Marx,AICP i' Telephone(607) 274-5560
Commissioner of Planning xt s Fax (607) 274-5578
May 20, 2002
Ms. Susan Beeners, Code Enforcement Officer
Town of Danby
1830 Danby Road
Ithaca,NY 14850-9419
Re: Review Pursuant to §239 -1 , -m, and -n of the New York State General Municipal Law
Action: Proposed Local Law to Amend Local Law No. 4 of 2000 to Establish a Procedure for
Recovery of Costs for the Repair or Removal of Unsafe Buildings and Collapsed Structures
Dear Ms.Beeners:
This letter acknowledges your referral of the proposal identified above for review and comment by the
Tompkins County Planning Department pursuant to §239 -1 , -m, and-n of the New York State General
Municipal Law. The Department has reviewed the proposal, as submitted, and has determined that it has no
negative inter-community or county-wide impacts.
Please inform us of your decision so that we can make it a part of the record.
Sincerely,
0 L.,/
Edward C. Marx, AICP
Commissioner of Planning
c
\iv
TOWN OF DANBY
LEGAL NOTICE
PLEASE TAKE NOTICE, that the Town Board of the Town of Danby at a regular meeting held
on the 8th day of July, 2002 at 1830 Danby Road, Ithaca New York adopted the following Local
Law.
A LOCAL LAW TO AMEND LOCAL LAW NO. 4 OF 2000 TO ESTABLISH A
PROCEDURE FOR RECOVERY OF COSTS FOR THE REPAIR OR REMOVAL OF
UNSAFE BUILDINGS AND COLLAPSED STRUCTURES
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. Town of Danby Local Law No. 4 of 2000, entitled: A LOCAL LAW PROVIDING
FOR THE REPAIR OR REMOVAL OF UNSAFE BUILDINGS AND COLLAPSED
STRUCTURES is hereby amended by adding a new Section 10A to read as follows:
"Section 10A: PROCEDURE FOR RECOVERY OF COSTS.
1. ACCOUNTING OF EXPENSES
The Code Enforcement Officer shall prepare an itemized account of all expenses incurred by
the Town in the repair or demolition of any building or structure completed pursuant to this local law.
Following completion of the repair or demolition the Code Enforcement Officer will file with
the Town Clerk a report describing the real property upon which the work was performed, setting
forth the names and addresses of all persons notified pursuant to Section 7 and the names and
addresses of any additional persons to be notified pursuant to Subsection 2 of this section, providing
a description of the notices served pursuant to Sections 6, 7, and 8 of this Law, and an itemization
of all expenses incurred by the Town for the work in the repair or demolition of the building.
2. NOTICE OF HEARING
Upon receipt of the report, the Clerk shall present the report to the Town Board. The Town
Board will fix a time, date, and place for a hearing to be conducted on the adoption of the said report
and a determination of the method of Assessment of the expenses to be used as described in Section
10 of this local law.
The Clerk shall give notice of the hearing including the date, time and location of the same
by following acts; all of which shall be completed at least ten days prior to the hearing:
a. Posting notice of the hearing upon the property involved,
b. Publishing notice once in a newspaper of general circulation in Tompkins
County,
c. Mailing notice of the hearing to the interested parties identified in the report
by certified mail, postage prepaid.
2 Amendment to Local Law#4 of 2000
Procedure for Recovery of Costs
3. OBJECTIONS
Any person interested or affected by the proposed change may file written protests or
objections with the Town Clerk at any time prior to the time set for the hearing. Each objection must
set forth a description of the objector's interest in the property and the grounds for objection. The
objection should include any documentary evidence and facts upon which the objections are based.
The Town Clerk shall present such objections to the Town Board at the time set for the
hearing and no other objections will be considered.
4. HEARING OF OBJECTIONS
At the hearing,the Town Board shall hear and pass upon the report of the Code Enforcement
Officer together with any objections.
The Town Board may make such revisions, corrections or modifications in the report or to
the charge as it may deem just. The decision of the Board on the report, the charge and or the
objections shall be final and conclusive.
5. MANNER OF ASSESSMENT
Following its decision on the report and objections and if there is an assessment to be made
the Board will decide on one or more of the methods of assessment described in Section 10 of this
law.
a. If the Board orders that the charge shall be a personal obligation of the property
owner, it shall direct the attorney for this Town to collect the same on behalf of the
Town by use of all appropriate remedies.
b. If the Town Board orders that such charge shall be assessed against the property, it
shall confirm the assessment and cause the same to be recorded on the assessment roll
and thereafter said assessment shall constitute a special assessment against and a lien
upon the property.
6. FILING REPORT WITH COUNTY DIVISION OF ASSESSMENT
A copy of the assessment shall be filed with the County Assessor's Office and the Town
Attorney will pursue all steps required by the New York Real Property Tax Law necessary to
administer the assessment as a special ad valorem levy against the land on which the structure or
building are located.
7. CONTEST
The validity of any assessment made under the provisions of this Law shall not be contested
by any action or proceeding unless the same is commenced within thirty (30) days after the
assessment is placed upon the assessment roll.
8. COLLECTION OF THE ASSESSMENT
The amount of the assessment shall be collected at the same time and in the same manner as
r 1.
3 Amendment to Local Law#4 of 2000
Procedure for Recovery of Costs
ordinary property taxes are collected and shall be subject to the same penalties and procedure and sale
in case of delinquency as provided for ordinary property taxes."
Section 2. In the event that any portion of this law is declared invalid by a court of competent
jurisdiction, the remaining portions shall not be affected by such declaration of invalidity.
Section 3. EFFECTIVE DATE
This local law shall take effect 5 days after its adoption or the date it is filed in the Office of the
Secretary of State of the State of New York, whichever is later.
Dated: July 17, 2002
Publish: July 19, 2002
Affidavit of publication requested.
TOMPKINS
COUNTY
N OF DANBY - TOMPKINS COUNTY
TOWN CLERK'S OFFICE
1830 Danby Road
Ithaca, New York 14850
PHONE (607)277-4788 FAX (607)277-0559
July 11 , 2002
Secretary of State of New York
Department of State
B ureau of State Records
41 State Street
Albany, New York 12231
Re: Town of Danby Local Law No 1 of the Year 2002
Dear Sirs and Ladies:
Enclosed for filing in your office is an original of the Town of Danby's
Local Law No. 1 of the Year 2002. The Local Law is entitled: "A LOCAL
LAW TO AMEND LOCAL LAW NO. 4 OF 2000 TO ESTABLISH A PROCEDURE
FOR RECOVERY OF COSTS FOR THE REPAIR OR REMOVAL OF UNSAFE
BUILDINGS AND COLLAPSED STRUCTURES".
Please forward the receipt for filing of this Local Law to:
Carol W. Sczepanski
Town Clerk, Town of Danby
1830 Danby Road
Ithaca, New York 14850
Thank you for your attention to this matter.
Very truly yours,
11(-L_ ZJ aw
Carol W. Sczepansk'
Town Clerk, Town of Danby
Enclosure One(1)
xc: Richard Stumbar
Attorney for the Town of Danby
4
TOMPKINS
COUNTY
T � N OF DAN BY - TOMPKINS COUNTY
TOWN CLERK'S OFFICE - -
1830 Danby Road
Ithaca, New York 14850
PHONE (607)277-4788 FAX (607)277-0559
July 11 , 2002
Attorney Richard Stumbar
Bixler and Stumbar Law Offices
207 East Court Street
Ithaca, NY 14850
Dear Rich:
Enclosed are the necessary documents you need for the filing of
the Town of Danby Local Law No. 1 of 2002.
I have enclosed:
1) Three (3) copies of the local law for you to sign;
2) Certified copy of the passing resolution;
3) Letter for NYS;
4) Envelope to send one copy to NYS Bureau of State Records.
I f you need further documentation please let me know.
Very truly yours,
Carol W. Sczepanski
Town Clerk, Town of Danby
Enclosures:
-3 copies of local law
cover letter for NYS
public hearing minutes
passing resolution
leeadrati
7Ze O
y 4
=d'
BIXLER STUMBAR, LLP
ATTORNEYS AND COUNSELORS AT LAW
207 EAST COURT STREET
ITHACA, NEW YORK 14850
ELIZABETH J. BIXLER TELEPHONE 607-273-6300 FAX 607-273-2156
L. RICHARD STUMBAR'
SERVICE OF PAPERS BY FAX NOT ACCEPTED
ALSO ADMITTED IN PENNSYLVANIA -
SARAH R. DEAN, PARALEGAL
E-MAIL:EBIXLER®juno.com
RSTUMBAROjuno.tom
May 2, 2002
Susan Beeners
Town of Danby
1830 Danby Road
Ithaca, New York 14850
Dear Sue:
We will need to amend Local Law No. 4, 2000, filed on June 14, 2000,to include a
procedure for an assessment of expenses. I assume that it was an inadvertent omission that it was
not included with the initial local law. I have attached a copy of the proposed addition. Please
give me any comments which you or the Board have regarding this procedure.
With respect to RPTL Section 553,my opinion is that upon a completion of the assessment,
the Town would transmit the tax assessment to the County Assessor's office and that they would
handle all procedural requirements thereafter.
Very truly yours,
/7/
L. Richard Stumbar
LRS/sd
Enclosure
AMENDMENT TO TOWN OF DANBY
LOCAL LAW 4,2000
Section 10A: PROCEDURE FOR RECOVERY OF COSTS.
1. ACCOUNTING OF EXPENSES
The Code Enforcement Officer shall prepare an itemized account of all expenses incurred
by the Town in the repair or demolition of any building or structure completed pursuant to this
local law.
Following completion of the repair or demolition the code Enforcement Officer will file
with the Town Clerk a report describing the real property upon which the work was performed,
setting forth the names and addresses of all persons notified pursuant to Section 7 and the names
and addresses of any additional persons to be notified pursuant to Subsection 2 of this section,
providing a description of the notices served pursuant to section 6, 7, and 8 of this Law, and an
itemization of all expenses incurred by the town for the work in the repair or demolition of the
building.
2. NOTICE OF HEARING
Upon receipt of the report,the Clerk shall present the report to the Town Board. The Town
Board will fix a time, date, and place for a hearing to be conducted on the adoption of the said
report and a determination of the method of Assessment of the expenses to be used as described in
section 10 of this local law.
The Clerk shall give notice of the hearing including the date, time and location of the same
by the following acts; all of which shall be completed at least ten days prior to the hearing:
a. Posting notice of the hearing upon the property involved,
b. Publishing notice once in a newspaper of general circulation in Tompkins
County,
c. Mailing notice of the hearing to the interested parties identified in the report
by certified mail,postage prepaid.
3. OBJECTIONS
Any person interested or affected by the proposed change may file written protests or
objections with The Town Clerk at any time prior to the time set for the hearing. Each objection
must set forth a description of the objector's interest in the property and the grounds for objection.
The objection should include any documentary evidence and facts upon which the objections are
based.
The Town Clerk shall present such objections to the Town Board at the time set for the
hearing and no other objections will be considered.
4. HEARING OF OBJECTIONS
At the hearing, the Town Board shall hear and pass upon the report of the Code
Enforcement Officer together with any objections.
The Town Board may make such revisions, corrections or modifications in the report or to
the charge as it may deem just. The decision of the Board on the report, the charge and or the
objections shall be final and conclusive.
5. MANNER OF ASSESSMENT
Following its decision on the report and objections and if there is an assessment to be made
the Board will decide on one or more of the methods of assessment described in section 10 of this
law.
a. If the Board orders that the charge shall be a personal obligation of the property
owner, it shall direct the attorney for this town to collect the same on behalf of this
Town by use of all appropriate remedies.
b. If the Town Board orders that such charge shall be assessed against the property, it
shall confirm the assessment and cause the some to be recorded on the assessment
role and thereafter said assessment shall constitute a special assessment against and
a lien upon the property.
6. FILING REPORT WITH COUNTY DIVISION OF ASSESSMENT
A copy of the assessment shall be filed with the County Assessor's Office and the Town
Attorney will pursue all steps required by the New York Real Property Tax Law necessary to
administer the assessment as a special ad valorem levy against the land on which the structure or
building are located.
7. CONTEST
The validity of any assessment made under the provisions of this Law shall not be
contested by any action or preceding unless the same is commenced within 30 days after the
assessment is placed upon the assessment roll.
8. COLLECTION OF THE ASSESSMENT
The amount of the assessment shall be collected at the same time and in the same manner
as ordinary property taxes are collected and shall be subject to the same penalties and procedure
and sale in case of delinquency as provided for ordinary property taxes.
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TOWN OF DANBY
TOWN BOARD PUBLIC HEARING
JUNE 10, 2002
PROPOSED LOCAL LAW.
Amendment to Local Law
No. 4 of 2000
PRESENT:
Supervisor Fredric Dietrich
Councilpersons: Joel Gagnon,Naomi Strichartz,Norbert Nolte, Gladys Varona-Lacey
Others Present:
Richard Stumbar- Town Attorney
Carol Sczepanski - Town Clerk
Susan Beeners - Code Enforcement Officer
Susan Howe - Highway Department Secretary
Members of the Public:
Ames Brown, Bob Roe, Eileen Wright, Willard T. Daetsch, Toshov Storrs, Esther Dotson, Josh
Benjamin and others.
Public Hearing Declared Open:
Supervisor Dietrich declared the public hearing open at 7:03 p.m. and the clerk read the following
"Notice of Publication": "PLEASE TAKE NOTICE,that the following public hearing will be held
by the Town Board of the Town of Danby on Monday, June 10, 2002 at 1830 Danby Road, Ithaca,
New York at 7:00 p.m. to consider a proposed local law entitled: "A LOCAL LAW TO AMEND
LOCAL LAW NO. 4 OF 2000 TO ESTABLISH A PROCEDURE FOR RECOVERY OF COSTS
FOR THE REPAIR OR REMOVAL OF UNSAFE BUILDINGS AND COLLAPSED
STRUCTURES" by adding a new Section 10A: Procedure for recovery of costs. A copy of the
proposed local law may be viewed at the Town Clerk's Office during regular hours.
All persons will be heard either in person or in writing.
A regular meeting of the Board will follow the public hearing. By Order of the Town Board
Carol W. Sczepanski, Town Clerk
Dated: May 24, 2002
Published: May 28, 2002"
Communications Received:
Affidavit of Publication
Affidavit of Posting
Tompkins County Planning Review
Supervisor addressed the public and explained that this proposed local law is for the procedure for
recovery of costs related to the removal of unsafe buildings and collapsed structures.
2 Public Hearing Minutes
Proposed Local Law
June 10,2002
Comments and Questions from the Public and Board:
Robert Roe- asked if this process was put out to bid and when these costs are incurred, what is the
process by which you incur them.
Supervisor Dietrich said it is a process of recouping monies that have already been spent for the
demolition and removal of unsafe buildings. The costs for demolition of unsafe buildings would go
out to bid.
Attorney Stumbar - reported that the point of hearing in the amendment to Local Law No. 4 of
2000 is a way to protect Board from having to deal with submissions they were not ready to deal
with. When you get to this process you are going to be talking about the legitimacy of the expense.
In the normal hearing you are asking for public input based on the legitimacy of specific expenses
that were incurred by the Town(or on behalf of the Town)to remedy this problem. A public hearing
is a due process requirement.
There is some confusion on the ad valorem and how Local Law No. 4 of 2000 was set up initially.
It probably should be addressed in Section 10. He explained that the amendment is set up so that the
expense to be recovered is by assessment not a special ad valorem levy. An assessment is generally
an improvement to the property and gets charged to the property. He would like to get an opinion
from the Tompkins County Assessment Director on the ad valorem levy as apposed to a special
assessment. The tax if it remains unpaid will eventually become a lean. This is a process because of
the concern that the Town should set up a process whereby the person who is going to be levied has
an opportunity to be heard and to object to the amount that is going to be levied on his property.
The hearing today is for amending the local law by adding an extra provision which says how we
calculate the amount that is due the Town. If you're not going to change the procedure for placing
the assessment as a levy on the tax bill and collecting it through taxes it will remain the same. It also
sets up a mechanism for setting up a hearing for determining under what procedure the Town may
use for recovering costs.
The Attorney will consult with Tompkins County Assessment Director before there is any change in
the language about the ad velorem tax levy.
Public Hearing Declared Closed:
Supervisor Dietrich declared the public hearing closed at 7:50 p.m.
(LA/3
phm-111.02 Carol W. Sczepal, '/, Town Clerk
TOWN OF DANBY - PROPOSED AMENDMENT TO LOCAL LAW NO. 4, 2000
A LOCAL LAW TO AMEND LOCAL LAW NO. 4 OF 2000 TO ESTABLISH A
PROCEDURE FOR RECOVERY OF COSTS FOR THE REPAIR OR REMOVAL OF
UNSAFE BUILDINGS AND COLLAPSED STRUCTURES
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. Town of Danby Local Law No. 4 of 2000, entitled: A LOCAL LAW PROVIDING
FOR THE REPAIR OR REMOVAL OF UNSAFE BUILDINGS AND COLLAPSED
STRUCTURES is hereby amended by adding a new Section 10A to read as follows:
Section 10A: PROCEDURE FOR RECOVERY OF COSTS.
1. ACCOUNTING OF EXPENSES
The Code Enforcement Officer shall prepare an itemized account of all expenses incurred by
the Town in the repair or demolition of any building or structure completed pursuant to this local law.
Following completion of the repair or demolition the Code Enforcement Officer will file with
the Town Clerk a report describing the real property upon which the work was performed, setting
forth the names and addresses of all persons notified pursuant to Section 7 and the names and
addresses of any additional persons to be notified pursuant to Subsection 2 of this section,providing
a description of the notices served pursuant to Sections 6, 7, and 8 of this Law, and an itemization
of all expenses incurred by the Town for the work in the repair or demolition of the building.
2. NOTICE OF HEARING
Upon receipt of the report, the Clerk shall present the report to the Town Board. The Town
Board will fix a time, date, and place for a hearing to be conducted on the adoption of the said report
and a determination of the method of Assessment of the expenses to be used as described in Section
10 of this local law.
The Clerk shall give notice of the hearing including the date, time and location of the same
by following acts; all of which shall be completed at least ten days prior to the hearing:
a. Posting notice of the hearing upon the property involved,
b. Publishing notice once in a newspaper of general circulation in Tompkins
County,
c. Mailing notice of the hearing to the interested parties identified in the report
by certified mail, postage prepaid.
3. OBJECTIONS
Any person interested or affected by the proposed change may file written protests or
objections with the Town Clerk at any time prior to the time set for the hearing. Each objection must
set forth a description of the objector's interest in the property and the grounds for objection. The
objection should include any documentary evidence and facts upon which the objections are based.
2 Amendment to Local Law#4 of 2000
Procedure for Recovery of Costs
The Town Clerk shall present such objections to the Town board at the time set for the
hearing and no other objections will be considered.
4. HEARING OF OBJECTIONS
At the hearing, the Town Board shall hear and pass upon the report of the Code Enforcement
Officer together with any objections.
The Town Board may make such revisions, corrections or modifications in the report or to
the charge as it may deem just. The decision of the Board on the report, the charge and or the
objections shall be final and conclusive.
5. MANNER OF ASSESSMENT
Following its decision on the report and objections and if there is an assessment to be made
the Board will decide on one or more of the methods of assessment described in Section 10 of this
law.
a. If the Board orders that the charge shall be a personal obligation of the property
owner, it shall direct the attorney for this Town to collect the same on behalf of the
Town by use of all appropriate remedies.
b. If the Town Board orders that such charge shall be assessed against the property, it
shall confirm the assessment and cause the same to be recorded on the assessment roll
and thereafter said assessment shall constitute a special assessment against and a lien
upon the property.
6. FILING REPORT WITH COUNTY DIVISION OF ASSESSMENT
A copy of the assessment shall be filed with the County Assessor's Office and the Town
Attorney will pursue all steps required by the New York Real Property Tax Law necessary to
administer the assessment as a special ad valorem levy against the land on which the structure or
building are located.
7. CONTEST
The validity of apy assessment made under the provisions of this Law shall not be contested
by any action or efir=rtistNnless the same is commenced within thirty(30)days after the assessment
is placed upon the assessment roll.
8. COLLECTION OF THE ASSESSMENT
The amount of the assessment shall be collected at the same time and in the same manner as
ordinary property taxes are collected and shall be subject to the same penalties and procedure and sale
in case of delinquency as provided for ordinary property taxes.i
Section 2. In the event that any portion of this law is declared invalid by a court of competent
jurisdiction, the remaining portions shall not be affected by such declaration of invalidity.
3 Amendment to Local Law#4 of 2000
Procedure for Recovery of Costs
Section 3. EFFECTIVE DATE
This local law shall take effect 5 days after its adoption or the date it is filed in the Office of the
Secretary of State of the State of New York, whichever is later.
Plla-114.000
TOMPKINS
°COUNTY
�zt s
AtArViN
N OF DANBY - TOMPKINS COUNTY
4in, 1830 DANBY ROAD (607)277 4788
` 4 ITHACA, NEW YORK 14850-9419 Fax: (607)277-0559
CODE ENFORCEMENT OFFICE Phone (607) 277-0799 Fax 277-0559
May 14, 2002
Edward C. Marx
Commissioner of Planning
Tompkins County Dept. of Planning
121 E. Court St.
Ithaca, NY 14850
Re: General Municipal Law 239 Review
Action: Proposed "Local Law to Amend Local Law No. 4 of 2000 to Establish a
Procedure for Recovery of Costs for the Repair or Removal of Unsafe Buildings and
Collapsed Structures"
Dear Mr. Marx:
Enclosed for your review is the above proposed local law, along with Local Law No. 4 of 2000
which would be amended. Also enclosed is the draft SEQR review for this amendment. This is
an Unlisted Action, for which the Town of Danby Town Board is Lead Agency.
The Town Board will be holding a public hearing to consider the local law amendment on
Monday, June 10, 2002.
Thank you for your assistance.
Very truly yours,
!jam
Susan C. Beeners
Code Enforcement Officer