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HomeMy WebLinkAboutLL 2002 #1 Removal of Unsafe Buildings .Loca•I Law ruing • ALBANY VP t 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. • • • • 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. (, 1a/ /I! phm-111.02 l W. Sczep.v 4, Town Clerk i= . • -, . 6oa rdi 6 - /d - a 3 31),L1-11-I 'l 0 / kilIN )vde /3 tJ , K) iiez/D ,D gism_y 6 a eck_ / 47o 00 ld, 5._tra -14"_LAP-11 iq-2 to vt, .1,eLer-56k. ( 3 J - j i ■ I i I ■ ■ 1 1 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 • 1 • • / :..� . 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. dat6 q6 ? ',/g. ,e,/ 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