HomeMy WebLinkAboutLL 2000 #4 Repair/Removal Unsafe Structures BARNEY, GROSSMAN, DUBOW & MARCUS
ATTORNEYS AT LAW
SENECA BUILDING WEST
JOHN C. BARNEY
r
PETER G.GROSSMAN SUITE 400
DAVID A. DUBOW 119 EAST SENECA STREET (607) 2 FACSIMILE
272-8806
RANDALL B. MARCUS ITHACA, NEW YORK 14850 (NOT FOR SERVICE OF PAPERS)
WILLIAM J.TROY III
JONATHAN A.ORKIN (607) 273-6841
June 27, 2000
Carol W. Sczepanski, Town. Clerk
Town of Danby
1830 Danby Road
Ithaca,New York 14850
Re: Local Laws 1, 2, 3 and 4 for 2000
Dear Carol:
Enclosed are receipts for Local Laws Nos. 1 through 4 for the year 2000 from the
Department of State.
With best regards.
Sincerely yours,
l�-
r,..
JCB:sls 3 4 1/4.
ir itr -
Enclosures
to411.
V
Q� J�
0
Ol 6
u‘,
{
,
s•y1„cl.) $t 1 S
Id i II
2 q j 9,�Er I I I Ili
STATE OF NEW YORK =_DLit u° O f ��
1 i I
DEPARTMENT OF STATE i i_L + �'+1
4 I STATE STREET ���'"-'���I
ALBANY, NY 12231-0001 �_T-' -°-°------ _
ALEXANDER F. TREADWELL
SECRETARY OF STATE
June 18, 2000
JOHN C. BARNEY
BARNEY, GROSSMAN DUBOW & MARCUS
119 E SENECA ST, STE 400
ITHACA, NY 14850
RE: Town of Danby, Local Law 4, 2000, filed 06/14/2000
The above referenced material was received and filed by this office as indicated. Additional local
law filing forms will be forwarded upon request.
Sincerely,
State Records & Law Bureau
(518) 474-2755
410011**
iIPI°4(9 c. \-
Ci A a'
� , -
IL-
f .
r,
WWW.DOS.STATE.NY.US • E-MAIL: INFO@ DOS.STATE.NY.US
RECYCLED PAPER
.L. oca.l Law Filing kEV YORK STATE DEPARTMENT Of STATE
16a WASHINGTQN AVENUE., ALRAxy ur 12211
(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 eliniinated and do not
use italic; or underlining to indicate new matter. _
- — .�.
•
T•o x u •
of DANBY
Local Law No. 1 4 •
or the year 2000
A local law PROVIDING FOR THE REPAIR OR REMOVAL OF UNSAFE BUILDINGS
•
AND COLLAPSECSInteiliThieTURES
Rc it enacted by tlio TOWN BOARL? • •
(Name of Legislative Body) of the
•
•
• of DANDY
Town as follows:
•
•
•
TOWN OF DANDY •
LOCAL LAW NO. 4 OF 2000
A LOCAL LAW PROVIDING FOR THE REPAIR OR.REMOVAL OF UNSAFE •
• BUILDINGS AND COLLAPSED STRUCTURES
Be it enacted by the Town Board of the Town of Danby
•
Section 1. Purpose
•
Unsafe buildings pose a threat to life and property in the Town of Danby (the "Town"). Buildings
and structures may become unsafe by reason of damage by fire, the elements,'age or general
deterioration. Vacant buildings not properly secure or doorways anll windows also serve as an
attractive nuisance for young children who may be injured therein, as well as a point of congregation
by vagrants and transients. A dilapidated building may also serve as a place of rodent infestation,
thereby creating a health menace to the community: It is the purpose of this Local Law to provide
for the safety, health protection and general welfare of persons and property to the Town by requiring
that such unsafe buildings be repaired or demolished and removed.
Section 2. Name of Local Law. • •
This Local Law shall be known as "Unsafe Buildings Law" of the Town of Danby
Sectibn'3. Definitions.
(1) "Building"means any building, structure or portion thereof used or formerly used for residential,
agricultural, business or industrial purpose.
•
(2) "Code Enforcement Officer" means the Code Enforcement Officer of the Town or such other
person appointed by the Town Board to enforce the provisions of this Local Law.
•
(lf nddltloaal space is needed, attach pages the space size as this sheet, and number each.)
(I)
nnc.71,1 fn,.., 70n) •
2 Local Law 144 of 2000
(3) "Town" means the Town of Danby.
Section 4, Investigation and Report.
When the Code Enforcement Officer, in his/her own opinion determines, or upon receipt of
information, that a building (1) has collapsed or is in such structural condition that it is reasonable
to anticipate it collapsing, to whole or in part, in the near future; (2) is, by reason of its physical
condition, otherwise dangerous or unsafe to the general public; (3) is open at the doorways and
windows, making it accessible to and an object of attraction to minors under eighteen years of age,
as well as to vagrants and other trespassers; (4) is a place of rodent or other pest infestation; or(5)
presents, by reason of its physical condition, any other danger to the health, safety, morals and
general welfare of the public; he or she shall cause or make an inspection thereof and report in
writing to the Town Board of the Town his/her findings and recommendations in regard to its repair
or demolition and removal
Section 5. Town Board Order.
The Town Board shall thereafter consider such report and by resolution determine, if in its opinion
the report so warrants,that such building is unsafe and dangerous and order its repair if the same can
be safely repaired or its demolition and removal, and further order that a notice be served upon the
persons and in the same manner provided herein.
Section 6. Notice: Contents
The notice shall contain the following: (1) a description of the premises; (2) a statement of the
particulars in which the building is unsafe or dangerous; (3) an order outlining the manner in which
the building is to be made safe and secure, or demolished and removed; (4) a statement that the
securing or removal of such building shall commence within 30 days of the service of the notice and
shall be completed within 60 days thereafter, unless, for good cause shown, such time shall be
extended; (5) a date, time and place for a hearing before the Town Board in relation to such
dangerous or unsafe building,which hearing shall be scheduled not less than five business days from
the date of service of the notice, and (6) a statement that in the event of neglect or refusal to comply
with the order to secure or demolish and remove the building, the Town Board is authorized to
provide for its demolition and removal, to assess all expenses thereof against the land on which it
is located, and to institute a special proceeding to collect the costs of notification and demolition,
including legal expenses.
Section 7. Service of Notice
The said notice shall be served(1) by personal service of a copy thereof upon the owner, executor,
administrator, agent, lessee, or any person having a vested or contingent interest in such unsafe
building as shown by the records of the Town Receiver of Taxes (or Tax Collector) and/or of the
County Clerk; or if no such person can reasonably be found, by mailing such owner by registered
3 Local Law#14 of 2000
mail a copy of such notice directed to his/her last known address as shown by the one of the above
records; and (2) by personal service of a copy of such notice upon any adult person residing in or
occupying said premises if such person can be reasonably found; and (3) by securely affixing a copy
of such notice upon the unsafe building.
Section 8. Filing Requirement
A copy of the notice served as provided herein shall be filed in the office of the County Clerk of
the County of Tompkins as set forth in Section 130 (16) of the Town Law, or any successor statute.
Section 9. Refusal to Comply
In the event of the refusal or neglect of the person so notified to comply with said order of the Town
Board and after the hearing, if the Town Board does not alter its previous finding regarding the
unsafe building, the Town Board shall provide for the repair and securing or demolition and removal
of such building either by Town employees or by contract. Except in an emergency as provided in
section 11 hereof, any contract for demolition and removal of a building in excess of$20,000 shall
be awarded through competitive bidding.
Section 10. Assessment of Expenses
All expenses incurred by the Town in connection with the proceedings to repair and secure or
demolish and remove the unsafe building including the cost of actually removing such building and
all reasonable and necessary legal expenses incidental thereto, including the attorneys fees incurred
in obtaining any order permitted hereunder and for prosecuting any proceeding referred to in this
Local Law(including the proceeding referred to below under General Municipal Law section 78-b)
shall, at the option of the Town Board, either:
a. Be assessed against the land on which such building is located and shall be levied and
collected in the same manner as provided in the Town Law and Real Property Tax Law for the levy
and collection of a special ad valorem levy, or
b. Be collected by prosecution of a special proceeding against the owner of said unsafe or
dangerous building or structure pursuant to General Municipal Law section 78-b, or
c. Be collected by any other means legally available to the Town.
Section 11. Emergency Cases
Where it reasonably appears that there is present a clear and imminent danger to life, safety or
health of any person or property, unless an unsafe building is immediately repaired and secured or
demolished, the Town Board may by resolution authorize the Code Enforcement Officer to
immediately cause the repair or demolition of such unsafe building. The expenses of such repair or
•
4 Local Law#a;of 2000
demolition shall be a charge against the land on which it is located and shall be assessed, levied and
collected as provided in section 10 hereof.
Section 12. Separability.
Each separate provision of this Local Law shall be deemed independent of all other provisions
herein, and if any provisions shall be deemed invalid, all other provisions hereof shall remain valid
and enforceable.
Section 13. Supersession
This Local Law shall supersede all prior local laws, ordinances, rules and regulations relative to the
repair or removal of unsafe buildings and collapsed structures within the Town, and, to the extent
any prior law, ordinance, rule or regulation dealing with repair or removal of unsafe buildings and
collapsed structures (except the New York State Uniform Fire Prevention and Building Code or any
successor statute or Code) is inconsistent with the terms of this Local Law, the provisions of this
Local Law shall prevail.
Section 14. Amendment of Zoning Ordinance. Section 515 of the Town of Danby Zoning
Ordinance is hereby amended to read as follows:
"Section 515 - EXCAVATIONS, ABANDONED CONSTRUCTION AND
DESTROYED BUILDINGS. The following rules, in addition to any other local
rules(including the requirement to obtain a fill permit set forth below and the Town's
Unsafe Building Law), state laws or regulations or federal laws or regulations, shall
govern excavations in the Town:
1. No excavations shall remain open or uncovered for more than one year after
work has ceased on a construction project or such excavation has been
abandoned. Any excavation or cellar hole remaining after the demolition or
destruction of a building from any cause shall be covered or filled by the
owner within one year.
2. Fencing or other similar safety measures shall be provided around abandoned
excavations and other potentially hazardous conditions.
3. If a property owner fails to comply with any of the provisions contained
herein, he or she shall be subject to the procedures and remedies available to
the Town set forth in Unsafe Buildings Law of the Town of Danby, as if the
violation of the provisions of this Section 515 were a violation of such Law.
4. The above remedy is not intended to limit or restrict any other remedies or
recourse by the Town against the violators of this section."
. r
5 Local Law#.4of 2000
Section 15. Effective Date.
This Local Law shall take effect upon its being duly filed in the office of the Secretary of State of
the State of New York as provided in section 27 of the Municipal Home Rule Law.
BARNEY, GROSSMAN, DUBOW & MARCUS
ATTORNEYS AT LAW
SENECA BUILDING WEST
JOHN C. BARNEY SUITE 400 FACSIMILE
PEER DAVID A. GROSSMAN 119 EAST SENECA STREET (607) 272-8806
RAND A. Duaow
RAN ALL B. MARCUS ITHACA, NEW YORK 14850 NOT FOR SERVICE OF PAPERS)
WILLIAM J. TROY III
JONATHAN A. ORKIN (607) 273-6841
April 26, 2000 4
1 . 1 S
,• �
F?tC�.1�S� �
Ms. Susan Beeners '
Code Enforcement Officer `-1 APR 2 8 2GuL .-•
Town of Danby
1830 Danby Road `3e-• d
Ithaca,New York 14850-9419
// `7_1r_ 6 ,
Ol
Re: Local Law on Unsafe Buildings
Dear Sue:
Pursuant to our telephone conversation enclosed is a revised version of the Local Law.
We corrected the erroneous reference in Section 8 to the County of Tioga, changing the reference
to the County of Tompkins.
Also enclosed to help you and the others review the proposed Local Law is a copy of
General Municipal Law Section 78-b which sets forth one of several possible procedures for
obtaining reimbursement for costs, as well as a copy of Section 130(16) of the Town Law which
is the section which authorizes the Town to pass the unsafe building ordinance or local law.
If after reviewing these materials you have any questions, please do not hesitate to give
me a call.
Very truly yours,
8 , '.
JCB:sls L
Enclosures
xc: Honorable Edward Inman
Carol Sczepanski, Town Clerk
401 4 ,
A LOCAL LAW PROVIDING FOR THE REPAIR OR REMOVAL 0 r • AFE 6,
BUILDINGS AND COLLAPSED STRUCTURES RE C E l°v E J
Be it enacted by the Town Board of the Town of Danby.
'—� APR 2 8 2000 r■3
Section 1. Purpose. czo
Unsafe buildings pose a threat to life and property in the Town of Danby (the"Town" . g ildlih_
and structures may become unsafe by reason of damage by fire, the elements, age or general
deterioration. Vacant buildings not properly secure at doorways and windows also serve as an
attractive nuisance for young children who may be injured therein,as well as a point of congregation
by vagrants and transients. A dilapidated building may also serve as a place of rodent infestation,
thereby creating a health menace to the community. It is the purpose of this Local Law to provide
for the safety,health protection and general welfare of persons and property in the Town by requiring
that such unsafe buildings be repaired or demolished and removed.
Section 2. Name of Local Law.
This Local Law shall be known as "Unsafe Buildings Law" of the Town of Danby.
Section 3. Definitions.
(1) "Building" means any building, structure or portion thereof used for residential, business or
industrial purpose.
(2) "Code Enforcement Officer"means the Code Enforcement Officer of the Town or such other
person appointed by the Town Board to enforce the provisions of this Local Law.
(3) "Town" means the Town of Danby.
Section 4. Investigation and Report.
When the Code Enforcement Officer, in his/her own opinion determines, or upon receipt of
information,that a building (1)has collapsed or is in such structural condition that it is reasonable
to anticipate it collapsing, in whole or in part, in the near future; (2) is, by reason of its physical
condition, otherwise dangerous or unsafe to the general public; (3) is open at the doorways and
windows,making it accessible to and an object of attraction to minors under eighteen years of age,
as well as to vagrants and other trespassers; (4) is a place of rodent or other pest infestation; or(5)
presents, by reason of its physical condition, any other danger to the health, safety, morals and
general welfare of the public; he or she shall cause or make an inspection thereof and report in
writing to the Town Board of the Town his/her findings and recommendations in regard to its repair
or demolition and removal.
1
Unsafe Building.11;Danby;wp8.0;Sandy;April 25,2000;6:46 PM
Section 5. Town Board Order.
The Town Board shall thereafter consider such report and by resolution determine,if in its opinion
the report so warrants,that such building is unsafe and dangerous and order its repair if the same can
be safely repaired or its demolition and removal, and further order that a notice be served upon the
persons and in the manner provided herein.
Section 6. Notice; Contents.
The notice shall contain the following: (1) a description of the premises; (2) a statement of the
particulars in which the building is unsafe or dangerous; (3)an order outlining the manner in which
the building is to be made safe and secure, or demolished and removed; (4) a statement that the
securing or removal of such building shall commence within 30 days of the service of the notice and
shall be completed within 60 days thereafter, unless, for good cause shown, such time shall be
extended; (5) a date, time and place for a hearing before the Town Board in relation to such
dangerous or unsafe building,which hearing shall be scheduled not less than five business days from
the date of service of the notice; and(6)a statement that in the event of neglect or refusal to comply
with the order to secure or demolish and remove the building, the Town Board is authorized to
provide for its demolition and removal, to assess all expenses thereof against the land on which it
is located, and to institute a special proceeding to collect the costs of notification and demolition,
including legal expenses.
Section 7. Service of Notice.
The said notice shall be served(1)by personal service of a copy thereof upon the owner,executor,
administrator, agent, lessee, or any person having a vested or contingent interest in such unsafe
building as shown by the records of the Town Receiver of Taxes (or Tax Collector) and/or of the
County Clerk; or if no such person can reasonably be found, by mailing such owner by registered
mail a copy of such notice directed to his/her last known address as shown by the one of the above
records; and (2) by personal service of a copy of such notice upon any adult person residing in or
occupying said premises if such person can be reasonably found;and(3)by securely affixing a copy
of such notice upon the unsafe building.
Section 8. Filing Requirement.
A copy of the notice served as provided herein shall be filed in the office of the County Clerk of
the County of Tompkins as set forth in Section 130 (16)of the Town Law, or any successor statute.
Section 9. Refusal to Comply.
In the event of the refusal or neglect of the person so notified to comply with said order of the
Town Board and after the hearing, if the Town Board does not alter its previous finding regarding
the unsafe building, the Town Board shall provide for the repair and securing or demolition and
removal of such building either by Town employees or by contract. Except in an emergency as
2
Unsafe Building.11;Danby;wp8.0;Sandy;4111 25,2000;6:46 PM
provided in section 11 hereof, any contract for demolition and removal of a building in excess of
$20,000 shall be awarded through competitive bidding.
Section 10. Assessment of Expenses.
All expenses incurred by the Town in connection with the proceedings to repair and secure or
demolish and remove the unsafe building,including the cost of actually removing such building,and
all reasonable and necessary legal expenses incidental thereto, including the attorneys fees incurred
in obtaining any order permitted hereunder and for prosecuting any proceeding referred to in this
Local Law(including the proceeding referred to below under General Municipal Law section 78-b)
shall, at the option of the Town Board, either:
a. Be assessed against the land on which such building is located and shall be levied and
collected in the same manner as provided in the Town Law and Real Property Tax Law for the levy
and collection of a special ad valorem levy, or
b. Be collected by prosecution of a special proceeding against the owner of said unsafe or
dangerous building or structure pursuant to General Municipal Law section 78-b, or
c. Be collected by any other means legally available to the Town.
Section 11. Emergency Cases.
Where it reasonably appears that there is present a clear and imminent danger to life, safety or
health of any person or property,unless an unsafe building is immediately repaired and secured or
demolished, the Town Board may by resolution authorize the Code Enforcement Officer to
immediately cause the repair or demolition of such unsafe building. The expenses of such repair or
demolition shall be a charge against the land on which it is located and shall be assessed,levied and
collected as provided in section 10 hereof.
Section 12. Separability.
Each separate provision of this Local Law shall be deemed independent of all other provisions
herein,and if any provisions shall be deemed invalid, all other provisions hereof shall remain valid
and enforceable.
Section 13. Supersession.
This Local Law shall supersede all prior local laws, ordinances, rules and regulations relative to
the repair or removal of unsafe buildings and collapsed structures within the Town and,to the extent
any prior law, ordinance,rule or regulation dealing with repair or removal of unsafe buildings and
collapsed structures(except the New York State Uniform Fire Prevention and Building Code or any
successor statute or Code) is inconsistent with the terms of this Local Law, the provisions of this
Local Law shall prevail.
3
Unsafe Building.!!;Danby;wp8.0;Sandy;April 25,2000;6.46 PM
Section 14. Amendment of Zoning Ordinance. Section 515 of the Town of Danby Zoning
Ordinance is hereby amended to read as follows:
"Section 515 - EXCAVATIONS, ABANDONED CONSTRUCTION AND
DESTROYED BUILDINGS. The following rules, in addition to any other local rules
(including the requirement to obtain a fill permit set forth below and the Town's Unsafe
Building Law), state laws or regulations or federal laws or regulations, shall govern
excavations in the Town:
1. No excavations shall remain open or uncovered for more than one year after
work has ceased on a construction project or such excavation has been
abandoned. Any excavation or cellar hole remaining after the demolition or
destruction of a building from any cause shall be covered or filled by the owner
within one year.
2. Fencing or other similar safety measures shall be provided around abandoned
excavations and other potentially hazardous conditions.
3. If a property owner fails to comply with any of the provisions contained herein,
he or she shall be subject to the procedures and remedies available to the Town
set forth in Unsafe Buildings Law of the Town of Danby, as if the violation of
the provisions of this Section 515 were a violation of such Law.
4. The above remedy is not intended to limit or restrict any other remedies or
recourse by the Town against the violators of this section."
Section 15. Effective Date.
This Local Law shall take effect upon its being duly filed in the office of the Secretary of State of
the State of New York as provided in section 27 of the Municipal Home Rule Law.
4
fl, --
1l p
gu !1,!,
ii.ii ART 5 GENERAL MUNICIPAL LAW § 79 1.
` HISTORY: yi
. Add, L 1977, ch 478, §2, amd, L 1979, ch 138, §3, eff July 28, 1979, L 1981, ch ?i�
it
• 896, §3, eff Oct 29, 1981, L 1981, ch 972, §3, eff Sept 29, 1981, L 1981, ch 1045, kr.I
§3, eff Oct 29, 1981. - .��
�fj
CROSS REFERENCES: '•;:i'
This section referred to in CLS Gen Oblig §3-112. 14
Restitution, CLS Family Ct Act §758-a. lqf.
Municipal corporation or district corporation, definitions of, CLS Gen Const §66. t
Conditions of probation and of conditional discharge, CLS Penal §65.10.
RESEARCH REFERENCES AND PRACTICE AIDS:
;11
Law Reviews: :
1978 Survey of New York Law: Family Law. 30 Syracuse L Rev, No. 1, p. 51'3, }t!
Winter, 1979.. • ii.
fil
CASE NOTES Vi.
The State Legislature, by enacting and/or amend- A town has no authority to enact a. juvenile
ing statutes such as General Obligations Law §3- curfew that holds parents responsible for their 1
112; Executive Law §171; Family Court Act children's violation of the curfew. A town does
• §§.755, 756, 757 and 758-a; General Municipal have authority to enact a juvenile curfew under its '
Law §78-a;Education Law §§1604(35), 1709(36), police power if the curfew is necessary for the
2503(18), 2554(16-b), 2590-g(15), and Penal Law protection or preservation of the public health, 12
§260.10(2), has preempted the field of legislation safety and welfare. However, such curfew must be
on the subject of parental responsibility for the reasonable in relation to the ends sought to be
acts of a minor and a municipality has no author- achieved and should be narrowly drawn to avoid
ity to legislate in this field. 1977 Op Atty Gen Dec infringing on the fundamental rights of juveniles.
27(Informal). 1980 Op Atty Gen Dec. 15(informal) •
•
§ 78-b. Demolition and removal of unsafe structures
The governing body of any city, town, or village may commence a special
proceeding in a court of competent jursidiction [jurisdiction]* to collect the
costs of demolition, including reasonable and necessary legal expenses
incidental to obtaining an order to demolish, from the owner of any building
or structure that may now be or shall hereafter become dangerous or unsafe
to the public. The provisions of article four of the civil practice. law and
rules shall govern any special proceeding commenced under this section.
HISTORY:
Add, L 1980, ch 115, § 1, eff May 13, 1980. •
RESEARCH REFERENCES AND PRACTICE AIDS:
11 NY Jur 2d, Buildings, Zoning, and Land §28.
•
§ 79. Free public libraries
Any municipal corporation may establish and maintain a free public library
Or museum in accordance with the library provisions of sections two
, hundred fifty-three to two hundred seventy-three, both inclusive, of the i
C:
, education law.
•Bracketed language inserted by Publisher.
367
E ,
i
k
•
6
30 )
ARTICLE 9
Ordinances and Licenses
CROSS REFERENCES:.
This article referred to in §§ 133, 137, 138, 200-a; High Law § 151.
•
§ 130. Town ordinances
The town board after a public hearing may enact, amend and repeal ordinances, rules
and regulations not inconsistent with law, for the following purposes in addition to
such other purposes as may be contemplated by the provisions of this chapter or other
laws. In order to accomplish the regulation and control of such purposes, the town
board may include in any such ordinance, rule or regulation provision for the issuance
and revocation of a permit or permits, for the.appointment of any town officers or
employees to enforce such ordinance, rule or regulation and/or the terms and condi-
tions of any permit issued thereunder, and for the collection of any reasonable uniform
fee in connection therewith. The town clerk shall give notice of such hearing by the
publication of a notice in at least one newspaper circulating in the town, specifying the
time when and the place where such hearing will be held, and in general terms •
describing the proposed ordinance. Such notice shall be published once at least ten
days prior to the day specified for such hearing.
[For sub 1, see parent volume]
16.Unsafe buildings and collapsed structures. Providing for the removal or repair of
buildings in business, industrial and residential sections that, from any cause, may
now be or shall hereafter become dangerous or unsafe to the public; providing as
follows:
a. For an inspection and report by an official duly appointed by the town board;
b. For a notice to be'served on the owner or some one of the owner's executors,
legal representatives, agents, lessees or any other person having a vested or
contingent interest in same, either personally or by registered mail, addressed to
the last known address, if any, of the owner or some one of the owner's
executors, legal representatives, agents, lessees or other person having a vested
or contingent interest in same, as shown by the records of the receiver of taxes
and/or in the office of the county clerk or county register, containing a descrip-
tion
of the premises, a statement of the particulars in which the building or
structure is unsafe or dangerous and an order requiring same to be made safe and
secure or removed; and if such service be made by'registered mail, for a copy of
such notice to be posted on the premises.
securing or removal of buildings c. For time within which person served with such notice may commence the
g ngs or structures;
d. For the filing of a copy of such notice in the office of the county clerk of the
county within which such building or.structure is located, which notice shall be
filed by such clerk in the same manner as a notice of pendency pursuant to
article sixty-five of the civil practice law and rules, and shall have the.same
effect as a notice of pendency as therein provided, except as otherwise hereinaf-
ter provided in this paragraph. A notice so filed shall be effective for a period of
one year from the date of filing, provided, however, that it may be vacated upon
the order of a judge or justice of a court of record or upon the consent of the
town attorney. The clerk of the county where such notice is filed shall mark such
notice and any record or docket thereof as cancelled of record upon the presenta-
tion and filing of such consent or of a certified copy of such order.
e. For a hearing before the town board, notice of which and the time and place
thereof to be specified in the notice to repair or demolish; served upon the owner
and such persons having an interest in the property or structure as is herein
prescribed.
f. For the removal of such building or structure by the town in the event such
owner fails or refuses to repair or remove the same within the time provided.
g. For the assessment of all costs and expense incurred by the town in connec-
tion, with the proceedings to remove or secure, including the cost of actually
removing said building or structure, against the land on which said buildings or
structures are located.
CBI LAW Fillrlg NEV YORK STATE OEPARrME!Ir OF STArE
` 'ti • 162 WASHINGTON AVENUE; ALBANY, NY•
(Use this form to file a local law with the Secretary of Statc.) I�zI
•
Text of law should be given as amended. Do not include matter bring eliminated and do not
use italics. or underlining to indicate new matter.
-ro�rrf�
of DANBY 0
Tuxu
Local Law No. • 4 • of the year 2000
•
A local law PROVIDING FOR THE REPAIR OR REMOVAL OF UNSAFE BUILDINGS •
AND COLLAPSEd'anti eTURES
Ile it enacted by tho TOWN BOA} E • . •
(Na of Leriilative Body) Of the
me
•
•
of DANBY
Town as follows:
•
•
TOWN OF DANBY
LOCAL LAW NO. 4 OF 2000
A LOCAL LAW PROVIDING FOR THE REPAIR OR.REMOVAL OF UNSAFE •
• BUILDINGS AND COLLAPSED STRUCTURES
Be it enacted by the Town Board of the Town of Danby
•
Section 1. Purpose
Unsafe buildings pose a threat to life and property in the Town of Danby (the "Town"). Buildings
and structures may become unsafe by reason of damage by fire, the elements, age or general
deterioration. Vacant buildings not properly secure or doorways anll windows also serve as an
attractive nuisance for young children who may be injured therein, as well as a point of congregation
by vagrants and transients. A dilapidated building may also serve as a place of rodent infestation,
thereby creating a health menace to the community: It is the purpose of this Local Law to provide
for the safety,health protection and general welfare of persons and property to the Town by requiring
that such unsafe buildings be repaired or demolished and removed.
Section 2. Name of Local Law. •
This Local Law shall be known as "Unsafe Buildings Law" of the Town of Danby
•
Sectibn'3. Definitions. . •
(1) "Building"means any building, structure or portion thereof used or formerly used for residential,
agricultural, business or industrial purpose.
•
(2) "Code Enforcement Officer" means the Code Enforcement Officer of the Town or such other
person appointed by the Town Board to enforce the provisions of this Local Law.
(If additional space Is needed, attach pages the same si:c as this sheet, and number each.)
(1)
nnc.1i1 (r,.... 7/9(n •
2 Local Law#4 of 2000
(3) "Town" means the Town of Danby.
Section 4. Investigation and Report.
When the Code Enforcement Officer, in his/her own opinion determines, or upon receipt of
information, that a building (1) has collapsed or is in such structural condition that it is reasonable
to anticipate it collapsing, to whole or in part, in the near future; (2) is, by reason of its physical
condition, otherwise dangerous or unsafe to the general public; (3) is open at the doorways and
windows, making it accessible to and an object of attraction to minors under eighteen years of age,
as well as to vagrants and other trespassers; (4) is a place of rodent or other pest infestation; or (5)
presents, by reason of its physical condition, any other danger to the health, safety, morals and
general welfare of the public; he or she shall cause or make an inspection thereof and report in
writing to the Town Board of the Town his/her findings and recommendations in regard to its repair
or demolition and removal
Section 5. Town Board Order.
The Town Board shall thereafter consider such report and by resolution determine, if in its opinion
the report so warrants, that such building is unsafe and dangerous and order its repair if the same can
be safely repaired or its demolition and removal, and further order that a notice be served upon the
persons and in the same manner provided herein.
Section 6. Notice: Contents
The notice shall contain the following: (1) a description of the premises; (2) a statement of the
particulars in which the building is unsafe or dangerous; (3) an order outlining the manner in which
the building is to be made safe and secure, or demolished and removed; (4) a statement that the
securing or removal of such building shall commence within 30 days of the service of the notice and
shall be completed within 60 days thereafter, unless, for good cause shown, such time shall be
extended; (5) a date, time and place for a hearing before the Town Board in relation to such
dangerous or unsafe building,which hearing shall be scheduled not less than five business days from
the date of service of the notice, and (6) a statement that in the event of neglect or refusal to comply
with the order to secure or demolish and remove the building, the Town Board is authorized to
provide for its demolition and removal, to assess all expenses thereof against the land on which it
is located, and to institute a special proceeding to collect the costs of notification and demolition,
including legal expenses.
Section 7. Service of Notice
The said notice shall be served(1) by personal service of a copy thereof upon the owner, executor,
administrator, agent, lessee, or any person having a vested or contingent interest in such unsafe
building as shown by the records of the Town Receiver of Taxes (or Tax Collector) and/or of the
County Clerk; or if no such person can reasonably be found, by mailing such owner by registered
3 Local Law#4 Tf 2000
mail a copy of such notice directed to his/her last known address as shown by the one of the above
records; and (2) by personal service of a copy of such notice upon any adult person residing in or
occupying said premises if such person can be reasonably found; and (3) by securely affixing a copy
of such notice upon the unsafe building.
Section 8. Filing Requirement
A copy of the notice served as provided herein shall be filed in the office of the County Clerk of
the County of Tompkins as set forth in Section 130 (16) of the Town Law, or any successor statute.
Section 9. Refusal to Comply
In the event of the refusal or neglect of the person so notified to comply with said order of the Town
Board and after the hearing, if the Town Board does not alter its previous finding regarding the
unsafe building, the Town Board shall provide for the repair and securing or demolition and removal
of such building either by Town employees or by contract. Except in an emergency as provided in
section 11 hereof, any contract for demolition and removal of a building in excess of$20,000 shall
be awarded through competitive bidding.
Section 10. Assessment of Expenses
All expenses incurred by the Town in connection with the proceedings to repair and secure or
demolish and remove the unsafe building including the cost of actually removing such building and
all reasonable and necessary legal expenses incidental thereto, including the attorneys fees incurred
in obtaining any order permitted hereunder and for prosecuting any proceeding referred to in this
Local Law(including the proceeding referred to below under General Municipal Law section 78-b)
shall, at the option of the Town Board, either:
a. Be assessed against the land on which such building is located and shall be levied and
collected in the same manner as provided in the Town Law and Real Property Tax Law for the levy
and collection of a special ad valorem levy, or
b. Be collected by prosecution of a special proceeding against the owner of said unsafe or
dangerous building or structure pursuant to General Municipal Law section 78-b, or
c. Be collected by any other means legally available to the Town.
Section 11. Emergency Cases
Where it reasonably appears that there is present a clear and imminent danger to life, safety or
health of any person or property, unless an unsafe building is immediately repaired and secured or
demolished, the Town Board may by resolution authorize the Code Enforcement Officer to
immediately cause the repair or demolition of such unsafe building. The expenses of such repair or
of
4 Local Law# of 2000
demolition shall be a charge against the land on which it is located and shall be assessed, levied and
collected as provided in section 10 hereof.
Section 12. Separability.
Each separate provision of this Local Law shall be deemed independent of all other provisions
herein, and if any provisions shall be deemed invalid, all other provisions hereof shall remain valid
and enforceable.
Section 13. Supersession
This Local Law shall supersede all prior local laws, ordinances, rules and regulations relative to the
repair or removal of unsafe buildings and collapsed structures within the Town, and, to the extent
any prior law, ordinance, rule or regulation dealing with repair or removal of unsafe buildings and
collapsed structures (except the New York State Uniform Fire Prevention and Building Code or any
successor statute or Code) is inconsistent with the terms of this Local Law, the provisions of this
Local Law shall prevail.
Section 14. Amendment of Zoning Ordinance. Section 515 of the Town of Danby Zoning
Ordinance is hereby amended to read as follows:
"Section 515 - EXCAVATIONS, ABANDONED CONSTRUCTION AND
DESTROYED BUILDINGS. The following rules, in addition to any other local
rules(including the requirement to obtain a fill permit set forth below and the Town's
Unsafe Building Law), state laws or regulations or federal laws or regulations, shall
govern excavations in the Town:
1. No excavations shall remain open or uncovered for more than one year after
work has ceased on a construction project or such excavation has been
abandoned. Any excavation or cellar hole remaining after the demolition or
destruction of a building from any cause shall be covered or filled by the
owner within one year.
2. Fencing or other similar safety measures shall be provided around abandoned
excavations and other potentially hazardous conditions.
3. If a property owner fails to comply with any of the provisions contained
herein, he or she shall be subject to the procedures and remedies available to
the Town set forth in Unsafe Buildings Law of the Town of Danby, as if the
violation of the provisions of this Section 515 were a violation of such Law.
4. The above remedy is not intended to limit or restrict any other remedies or
recourse by the Town against the violators of this section."
5 Local Law#.4of 2000
Section 15. Effective Date.
This Local Law shall take effect upon its being duly filed in the office of the Secretary of State of
the State of New York as provided in section 27 of the Municipal Home Rule Law.
c 0
TOMPKINS
COUNTY
Ts N OF DANBY - TOMPKINS COUNTY
1830 DANBY ROAD (607)277-4788
ITHACA, NEW YORK 14850-9419 Fax: (607)277-0559
May 26, 2000
State Records and Law Bureau
Department of State
162 Washington Avenue
Albany, New York 12231
Dear Sir:
Enclosed for filing kindly find original copies of Local Laws
No. 3 and 4 of the year 2000 for the Town of Danby entitled as
follows:
Local Law No. 3 : "A LOCAL LAW PROVIDING FOR A PARTIAL TAX
EXEMPTION FOR REAL PROPERTY OWNED BY DISABLED PERSONS WITH
LIMITED INCOMES, and
Local Law No. 4: "A LOCAL LAW PROVIDING FOR TIDE REPAIR OR REMOVAL
OF UNSAFE BUILDINGS AND COLLAPSED STRUCTURES.
Yours trul ,
ram-4-4-;
Carol W. Sczepanski
a an i
p
Town Clerk
Enc.
.Loca,l Law Filing 14EV YORK STATE DEPARTMENT OF STATE
" 162 ;ASUNCION AVENUE; ALBANY, 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 and do not
use italics or underlining to indicate new matter.
•
•
-fie - • •
= of DANBY
Toms •
Local Law No. • 4 •
or the year -.2000
A local laly PROVIDING FOR THE REPAIR OR REMOVAL OF UNSAFE BUILDINGS .
AND COLLAPSEFSInS' I MTURES
Re it enacted by tho TOWN BOAF Q •
or the
(Nama of Legialative Body)
Town of DANDY as follows:
•
•
TOWN OF DANBY
LOCAL LAW NO. 4 OF 2000
A LOCAL LAW PROVIDING FOR THE REPAIR OR.REMOVAL OF UNSAFE
• BUILDINGS AND COLLAPSED STRUCTURES
Be it enacted by the Town Board of the Town of Danby
Section 1. Purpose
Unsafe buildings pose a threat to life and property in the Town of Danby (the "Town"). Buildings
and structures may become unsafe by reason of damage by fire, the elements,.age or general
deterioration. Vacant buildings not properly secure,or doorways anal windows also serve as an
attractive nuisance for young children who may be injured therein, as well as a point of congregation
by vagrants and transients. A dilapidated building may also serve as a place of rodent infestation,
thereby creating a health menace to the community. It is the purpose of this Local Law to provide
for the safety,health protection and general welfare of persons and property to the Town by requiring
that such unsafe buildings be repaired or demolished and removed.
Section 2. Name of Local Law. • •
This Local Law shall be known as "Unsafe Buildings Law" of the Town of Danby
Sectibn'3. Definitions.
(1)"Building"means any building, structure or portion thereof used or formerly used for residential,
agricultural, business or industrial purpose.
•
(2) "Code Enforcement Officer" means the Code Enforcement Officer of the Town or such other
person appointed by the Town Board to enforce the provisions of this Local Law.
•
(If addltloaal space Is needed, attach pages the sane size as this sheet, and number each.)
(I)
7wrn •
2 Local Law#4 of 2000
(3) "Town" means the Town of Danby.
Section 4. Investigation and Report.
When the Code Enforcement Officer, in his/her own opinion determines, or upon receipt of
information, that a building (1) has collapsed or is in such structural condition that it is reasonable
to anticipate it collapsing, to whole or in part, in the near future; (2) is, by reason of its physical
condition, otherwise dangerous or unsafe to the general public; (3) is open at the doorways and
windows, making it accessible to and an object of attraction to minors under eighteen years of age,
as well as to vagrants and other trespassers; (4) is a place of rodent or other pest infestation; or(5)
presents, by reason of its physical condition, any other danger to the health, safety, morals and
general welfare of the public; he or she shall cause or make an inspection thereof and report in
writing to the Town Board of the Town his/her findings and recommendations in regard to its repair
or demolition and removal
Section 5. Town Board Order.
The Town Board shall thereafter consider such report and by resolution determine, if in its opinion
the report so warrants,that such building is unsafe and dangerous and order its repair if the same can
be safely repaired or its demolition and removal, and further order that a notice be served upon the
persons and in the same manner provided herein.
Section 6. Notice: Contents
The notice shall contain the following: (1) a description of the premises; (2) a statement of the
particulars in which the building is unsafe or dangerous; (3) an order outlining the manner in which
the building is to be made safe and secure, or demolished and removed; (4) a statement that the
securing or removal of such building shall commence within 30 days of the service of the notice and
shall be completed within 60 days thereafter, unless, for good cause shown, such time shall be
extended; (5) a date, time and place for a hearing before the Town Board in relation to such
dangerous or unsafe building,which hearing shall be scheduled not less than five business days from
the date of service of the notice, and (6) a statement that in the event of neglect or refusal to comply
with the order to secure or demolish and remove the building, the Town Board is authorized to
provide for its demolition and removal, to assess all expenses thereof against the land on which it
is located, and to institute a special proceeding to collect the costs of notification and demolition,
including legal expenses.
Section 7. Service of Notice
The said notice shall be served(1)by personal service of a copy thereof upon the owner, executor,
administrator, agent, lessee, or any person having a vested or contingent interest in such unsafe
building as shown by the records of the Town Receiver of Taxes (or Tax Collector) and/or of the
County Clerk; or if no such person can reasonably be found, by mailing such owner by registered
3 Local Law#4 Df 2000
mail a copy of such notice directed to his/her last known address as shown by the one of the above
records; and (2) by personal service of a copy of such notice upon any adult person residing in or
occupying said premises if such person can be reasonably found; and (3) by securely affixing a copy
of such notice upon the unsafe building.
Section 8. Filing Requirement
A copy of the notice served as provided herein shall be filed in the office of the County Clerk of
the County of Tompkins as set forth in Section 130 (16) of the Town Law, or any successor statute.
Section 9. Refusal to Comply
In the event of the refusal or neglect of the person so notified to comply with said order of the Town
Board and after the hearing, if the Town Board does not alter its previous finding regarding the
unsafe building,the Town Board shall provide for the repair and securing or demolition and removal
of such building either by Town employees or by contract. Except in an emergency as provided in
section 11 hereof, any contract for demolition and removal of a building in excess of$20,000 shall
be awarded through competitive bidding.
Section 10. Assessment of Expenses
All expenses incurred by the Town in connection with the proceedings to repair and secure or
demolish and remove the unsafe building including the cost of actually removing such building and
all reasonable and necessary legal expenses incidental thereto, including the attorneys fees incurred
in obtaining any order permitted hereunder and for prosecuting any proceeding referred to in this
Local Law(including the proceeding referred to below under General Municipal Law section 78-b)
shall, at the option of the Town Board, either:
a. Be assessed against the land on which such building is located and shall be levied and
collected in the same manner as provided in the Town Law and Real Property Tax Law for the levy
and collection of a special ad valorem levy, or
b. Be collected by prosecution of a special proceeding against the owner of said unsafe or
dangerous building or structure pursuant to General Municipal Law section 78-b, or
c. Be collected by any other means legally available to the Town.
Section 11. Emergency Cases
Where it reasonably appears that there is present a clear and imminent danger to life, safety or
health of any person or property, unless an unsafe building is immediately repaired and secured or
demolished, the Town Board may by resolution authorize the Code Enforcement Officer to
immediately cause the repair or demolition of such unsafe building. The expenses of such repair or
4 Local Law#'z of 2000
demolition shall be a charge against the land on which it is located and shall be assessed, levied and
collected as provided in section 10 hereof.
Section 12. Separability.
Each separate provision of this Local Law shall be deemed independent of all other provisions
herein, and if any provisions shall be deemed invalid, all other provisions hereof shall remain valid
and enforceable.
Section 13. Supersession
This Local Law shall supersede all prior local laws, ordinances, rules and regulations relative to the
repair or removal of unsafe buildings and collapsed structures within the Town, and, to the extent
any prior law, ordinance, rule or regulation dealing with repair or removal of unsafe buildings and
collapsed structures (except the New York State Uniform Fire Prevention and Building Code or any
successor statute or Code) is inconsistent with the terms of this Local Law, the provisions of this
Local Law shall prevail.
Section 14. Amendment of Zoning Ordinance. Section 515 of the Town of Danby Zoning
Ordinance is hereby amended to read as follows:
"Section 515 - EXCAVATIONS, ABANDONED CONSTRUCTION AND
DESTROYED BUILDINGS. The following rules, in addition to any other local
rules(including the requirement to obtain a fill permit set forth below and the Town's
Unsafe Building Law), state laws or regulations or federal laws or regulations, shall
govern excavations in the Town:
1. No excavations shall remain open or uncovered for more than one year after
work has ceased on a construction project or such excavation has been
abandoned. Any excavation or cellar hole remaining after the demolition or
destruction of a building from any cause shall be covered or filled by the
owner within one year.
2. Fencing or other similar safety measures shall be provided around abandoned
excavations and other potentially hazardous conditions.
3. If a property owner fails to comply with any of the provisions contained
herein, he or she shall be subject to the procedures and remedies available to
the Town set forth in Unsafe Buildings Law of the Town of Danby, as if the
violation of the provisions of this Section 515 were a violation of such Law.
4. The above remedy is not intended to limit or restrict any other remedies or
recourse by the Town against the violators of this section."
5 Local Law#.4of 2000
Section 15. Effective Date.
This Local Law shall take effect upon its being duly filed in the office of the Secretary of State of
the State of New York as provided in section 27 of the Municipal Home Rule Law.
(Complete the certification In the paragraph that applies to the filing of this local Jaw and
strilcc out that which 1s not applicable.)
•
•
1. (Final adoption by local legislative bully uuly.) • • . ••
I hereby certify that the local law annexed hereto, designated as local law No.• 4
of the (County)(City)(Town)(Village) of D A N B Y of ?:000
T OARD on MAY 22 'full, in accordance with the applicable duty passed b
((tame o eg.lative Body) proviSioltS Uf}law,
•
2. (Passage by local leg! alive body with approv , no disapproval or rep •ssnge after'disapproval
by the Flrr.tive Ch".f Emecutive Officers.)
I hereby certify th, the local law annexe- tereto, designated as - al law No.
of the (County) ity)(Town)(Village) . of 1 •
on N s duly passed y the
19 , + d was (approvPd)(not disa,proved)(rapas: d after
arne of c• mive body) --' —
disappr: -al) by the :rid was deemed dully adop •d on 19
ettty• to Exe<utivi��01 leer') _
in a ordance with the a •licable provisions of In .
•
•
3. (Final adoption by referendum.)
' I hereby certi that the local law . nexed hereto, d: tgnated as local 1. ''No.
of the (Coo' ty)(City)(Town)(Vil gc) of or 9_
was •my passed y the
on 19 , and wa approved)(not disapp•oved)(repas d after
t arse of azi.lative Body .
disapp oval) by the on ••,I tiv• Chi. iix•eutive • G<cr 19 �C11 local law as
. sub t itted to the peat e by reason of a mandatory)(permi! ive) referendur,
v• c of a majority •. the ) t, and eceived the irmative
qualified el tors voting there'n at the (general)(spe'-' I)(annual) election held on
.1 • , in accordan-- with the applic',.ie provisions of Ia\y. . .
•
•
4. (Subject t• permissive referendu :rid final adoption •ecause no valid pet on was filed equesting
rcfernd .)
I hereby crtify filar the local .w annexed hereto, ,osignatcd as local la Nu, o ' I9
of the ('ounty)(City)(ToGvn) illage) of was duly pass 4 1.))' t h e
on 19 , and was ruved)(ne: di pproved)(repa•scd after
Clime •f eglflativa ody fJ�
disapproval) by the on 19
r lective Chief Executive near' SUCH focal la was subject t0
pe missive referen urn and no valid pc tion requesting sue! referendum was f' ed as oC • 19
it accordance w' , the applicable pro tsions of law. • —'
•
•
•
'Elective •Chief Executive Officer uteahs ur includes the chief executive officer of h county elected on a
county-wide basis or, if there bc' none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a ton,, ,ritere such officer is vested • ]tit the power to approve or veto local
laws or ordinances. .
(2) • .
• . • (Cl`ty local law concerning Charter revision proposed by petition,)
I hereby certify that the local law annexed hereto, dcs•_nated a: local law No. of
of the City of having been s u .muted to refere dtim pursue to
the provisions of section (36 37) of the Municipr Home Rule Law, and I viub received ttti. affirmative .te
of a majority of the quali 'ed electors of such •ity voting thereon at the (speciai)(general) section held •
19 , came operative.
•
•
•
6. (County Ioc law coueernlitg . •uptlua of Charter.)
•
I hereby cer fy that the Iocal 1. ' annexed hereto, deli- • ated as local law N . of 19
of the Co ty of , State of cw York, having •een submitted to
the elec •rs at the General lection of November 19 pursuant to subdi isions 5 and 7 of
sectio 33 of the.Munici•al Home Rule Law, an. aving received the ,ffirmative vote of : majority of the
ouali'ied electors of t r.ities of said county a a unit and of a maj• sty of the quaiifie• electors of the towns
of id county consi• red as a unit voting at •aid general election ecame operative:
C f any other authorized form of final adoption has been•folldwed, please provide •n appropritate certification.)
•
. X further cortify 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,
•
aleck of the vuney iegta actre Go•y, ,'1'own or-Taint C.tcrk
or ouster designated b le al le ilaative Lod
Y 6 Y
•
(Seal) rate:- MAY 25, 2000
•
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, 'Village Attorney or
other authorized Attorney of Iocality.)
STATE OF NEW YOR::
COUNTY OF TOMPK I NS • •
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
prececdings have been had of taken fur the enactment of the local law annexed hereto.
9ignacure
•
To.1.
County
City
of
Town •
• Vilinr
Date: •
(3)
•
•
i
TOWN OF DANBY
NOTICE OF ADOPTION OF LOCAL LAW PROVIDING FOR THE REPAIR
OR REMOVAL OF UNSAFE BUILDINGS AND COLLAPSED STRUCTURES
AND AMENDING THE TOWN OF DANBY ZONING ORDINANCE PROVISIONS
RELATING TO EXCAVATIONS, ABANDONED CONSTRUCTION AND
DESTROYED BUILDINGS
NOTICE IS HEREBY GIVEN,that at a regular meeting held on the 22nd day of May, 2000, the
Town Board of the Town of Danby duly adopted a Local Law, an abstract of which follows:
ABSTRACT OF LOCAL LAW
Said Local Law:
(a) Made a number of findings including findings that deteriorated and vacant buildings
may create hazardous conditions that are a threat to the health and welfare of the community,
requiring such structures to be made secure or demolished;
(b) Defined certain terms including "Building";
(c ) Set forth the circumstances under which a building would be considered unsafe which
include buildings that have collapsed or are likely to collapse, buildings in a physical condition that
is dangerous, abandoned open buildings, and buildings that are rodent infested;
(d) Provided for procedures for investigating,reporting to the Town Board,and notifying
the property owner of the unsafe building and steps needed to make it safe;
(e) Provided for a hearing for the owner before the Town Board on the necessity for
action to render the building safe;
(f) Authorized the Town to take necessary corrective action if the owner failed to do so;
(g) Authorized the Town to assess the expenses of the proceedings and the costs of
correcting the unsafe condition against the land on which the building is located and authorized such
expenses and costs to be collected in the same manner as real property taxes on the land;
(h) Authorized the Town Board to authorize the Town Code Enforcement Officer to
immediately correct an unsafe condition in the case of a clear and imminent danger to life, safety or
health of any person or property and to assess the costs of such correction against the landowner as
if it were a real property tax;
(I) Amended the Town Zoning Ordinance by repealing the provisions dealing with
abandoned and destroyed buildings as the same are now covered by this Local Law, but leaving in
the Zoning Ordinance the provisions relating to abandoned excavations and cellar holes;
.
2 Abstract of Local Law
No. 4 of 2000
(j) Included certain other provisions regarding administration of the Local Law.
A complete copy of the Local Law is available for reading and inspection at the Town Clerk's
office, 1830 Danby Road, Ithaca,New York 14850, Tuesday through Thursday, between the hours
of 9:00 a.m. and 4:00 p.m. and Saturday 9:00 a.m. to Noon.
Carol W. Sczepanski
Town Clerk
Dated: May 34, 2000
Publish: June, 2000
Affidavit of Publication Requested
-1AY.26.2000 6:08PM BARNEY GROSSMAN DUBOW & MARCUS NO.236 P.2
•
o �
TOWN OF DANBY
NOTICE OF ADOPTION OF LOCAL LAW PROVIDING FOR THE REPAIR
OR REMOVAL OF UNSAFE BUILDINGS AND
pG ORDINANCE PROVISIONS
AND AMENDING THE TOWN OF DANBY
TO EXCAVATIONS, UB BUILDINGS
CONSTRUCTION AND
DESTROYED
NOTICE IS HEREBY GIVEN, that at a regular meeting held on the 22nd day of May,
2000, the Town Board of the Town of Danby duly adopted a Local Law, an abstract of which
follows:
ABSTRACT OF LOCAL LAW
Said Local Law:
(a) Made a number of findings including findings that deteriorated and vacant buildings may
create hazardous conditions that are a threat to the health and welfare of the community, requiring
such structures to be made secure or demolished;
(b)Defined certain terms including"Building";
(c) Set forth the circumstances under which a building would be considered unsafe which
include buildings that have collapsed or are likely to collapse, buildings in a physical condition that
is dangerous, abandoned open buildings, and buildings that are rodent infested ;
(d) Provided for procedures for investigating, reporting to the Town Board, and notifying
the property owner of the unsafe building and steps needed to make it safe;
(e)Provided for a hearing for the owner before the Town Board on the necessity for action
to render the building safe;
(f) Authorized the Town to take necessary corrective action if the owner failed to do so.
(g)Authorized the Town to assess the expenses ofthe proceedings and the costs of correcting
the unsafe condition against the land on which the building is located and authorized such expenses
and costs to be collected in the same manner as real property taxes on the land,
(h) Authorized the Town Board to authorize the Town Code Enforcement Officer to
immediately correct an unsafe condition in the case of a clear and imminent danger to life, safety or
health of any person or property and to assess the costs of such correction against the landowner as
if it were a real property tax;
(i) Amended the Town Zoning Ordinance by repealing the provisions dealing with abandoned
and destroyed buildings as the same are now covered by this Local Law, but leaving,in the Zoning
Ordinance the provisions relating to abandoned excavations and cellar holes.
-- .26.2000— 6 08P BARNEY GROSSMAN DUBOW & MARCUS NO.236 P.3
Unsafo auildtngs Abyrract,wp80,Sandy,Dolby,05/26/0 5:35PM
(j) Included certain other provisions regarding administration of the Local Law.
A complete copy of the Local Law is available for reading and inspection at the Town Clerk's
office, 1830 Danby Road, Ithaca,New York 14850, Monday through Friday, between the hours of
8:00 a.m. and 4:00 p.m.
Carol W. Sczepanski
Town Clerk
May 31, 2000
2
ti
TOWN OF DANBY
RESOLUTION NO. 55 OF 2000
RESOLUTION ADOPTING A LOCAL LAW PROVIDING FOR THE REPAIR OR
REMOVAL OF UNSAFE BUILDINGS AND COLLAPSED STRUCTURES
By Councilperson Gagnon: Seconded by Councilperson Strichartz
WHEREAS,a resolution was duly adopted by the Town Board of the Town of Danby for a public
hearing to be held by said Town on May 22, 2000, to hear al interested parties on a proposed local
law entitled "A LOCAL LAW PROVIDING FOR THE REPAIR OR REMOVAL OF
UNSAFE BUILDINGS AND COLLAPSED STRUCTURES"; and
WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and
WHEREAS, said public hearing was duly held on said date and at the time specified in the notice
of hearing at the Town Hall of the Town of Danby and all parties in attendance were permitted an
opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and
WHEREAS, pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 (State
Environmental Quality Review Act ["SEQR"]) it was determined that adoption of this local law was
an unlisted action, that the Town of Danby Town Board was lead agency in considering the
environmental significance of the proposed local law, and that the Town of Danby Planning Board
and the Tompkins County Planning Department were involved agencies; and
WHEREAS,the Town Planning Board on May 17, 2000 after consideration of the proposed local
law, transmitted its report to the Town Board; and
WHEREAS,the Tompkins County Planning Department, having reviewed the proposed local law
pursuant to General Municipal Law Sections 239-1 and 239-m has indicated by letter dated May 16,
2000, that the local law would have no deleterious impact on County or regional interests and that
the Town is free to act without prejudice; and
WHEREAS, the Town Board has reviewed the Short Environmental Assessment Form and the
recommendation that a negative determination of environmental significance be made for this local
law; and
WHEREAS, the Town Board finds it is in the best interests of the Town and its citizens to adopt
this local law;
NOW THEREFORE, be it
RESOLVED,that the Town Board of the Town of Danby, for the reasons set forth by the reviewer
in the Short Environmental Assessment Form, determines that the adoption of the referenced local
law will not have any significant adverse impacts on the environment; and it is further
RESOLVED,that the Town Board of the Town of Danby hereby adopts said local law entitled "A
2 Resolution No. 55 of 2000
Local Law No.4 of 2000
LOCAL LAW PROVIDING FOR THE REPAIR OR REMOVAL OF UNSAFE BUILDINGS
AND COLLAPSED STRUCTURES", a copy of which is attached hereto and made a part of this
resolution; and it is further
RESOLVED, that the Town Clerk be and she hereby is directed to enter said local law in the
minutes of this meeting and in the Local Law book of the Town of Danby, and to give due notice of
the adoption of said local law by publication of such local law or an abstract or summary thereof in
the Ithaca Journal and by filing a copy of said local law with the Secretary of State of the State of
New York; and it is further
RESOLVED,that the Town Board of the Town of Danby may also seek out various ways to assist
the community in achieving the purpose of this local law, including volunteer assistance, and it is
further
RESOLVED,that the Town Board of the Town of Danby requests the grant/search writers search
for possible grants related to such purpose.
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS:
TOWN OF DANBY )
I Carol W. Sczepanski, Town Clerk in the Town of Danby, a Municipal Corporation of the County of Tompkins,
State of New York, hereby certify that the forgoing resolution is a true and exact copy of a resolution duly adopted
by the Town Board of said Town of Danby at a Special meeting held on the 22nd day of May, 2000
IN WITNESS WHEREOF, I have hereunto set my hand and the Seal of the Town of Danby this 23rd day of
May, 2000.
de-8(1;34.5dj
Carol W. Sczep ,s i, Town Clerk
TOWN OF DANBY
LOCAL LAW NO. 4 OF 2000
A LOCAL LAW PROVIDING FOR THE REPAIR OR REMOVAL OF UNSAFE
BUILDINGS AND COLLAPSED STRUCTURES
Be it enacted by the Town Board of the Town of Danby
Section 1. Purpose
Unsafe buildings pose a threat to life and property in the Town of Danby(the "Town"). Buildings
and structures may become unsafe by reason of damage by fire, the elements, age or general
deterioration. Vacant buildings not properly secure or doorways and windows also serve as an
attractive nuisance for young children who may be injured therein, as well as a point of congregation
by vagrants and transients. A dilapidated building may also serve as a place of rodent infestation,
thereby creating a health menace to the community. It is the purpose of this Local Law to provide
for the safety,health protection and general welfare of persons and property to the Town by requiring
that such unsafe buildings be repaired or demolished and removed.
Section 2. Name of Local Law.
This Local Law shall be known as "Unsafe Buildings Law" of the Town of Danby
Section 3. Definitions.
(1)"Building"means any building, structure or portion thereof used or formerly used for residential,
agricultural, business or industrial purpose.
(2) "Code Enforcement Officer" means the Code Enforcement Officer of the Town or such other
person appointed by the Town Board to enforce the provisions of this Local Law.
(3) "Town" means the Town of Danby.
Section 4. Investigation and Report.
When the Code Enforcement Officer, in his/her own opinion determines, or upon receipt of
information, that a building (1) has collapsed or is in such structural condition that it is reasonable
to anticipate it collapsing, to whole or in part, in the near future; (2) is, by reason of its physical
condition, otherwise dangerous or unsafe to the general public; (3) is open at the doorways and
windows, making it accessible to and an object of attraction to minors under eighteen years of age,
as well as to vagrants and other trespassers; (4) is a place of rodent or other pest infestation; or (5)
presents, by reason of its physical condition, any other danger to the health, safety, morals and
general welfare of the public; he or she shall cause or make an inspection thereof and report in
writing to the Town Board of the Town his/her findings and recommendations in regard to its repair
or demolition and removal
2 Local Law#,/ of 2000
Section 5. Town Board Order.
The Town Board shall thereafter consider such report and by resolution determine, if in its opinion
the report so warrants,that such building is unsafe and dangerous and order its repair if the same can
be safely repaired or its demolition and removal, and further order that a notice be served upon the
persons and in the same manner provided herein.
Section 6. Notice: Contents
The notice shall contain the following: (1) a description of the premises; (2) a statement of the
particulars in which the building is unsafe or dangerous; (3) an order outlining the manner in which
the building is to be made safe and secure, or demolished and removed; (4) a statement that the
securing or removal of such building shall commence within 30 days of the service of the notice and
shall be completed within 60 days thereafter, unless, for good cause shown, such time shall be
extended; (5) a date, time and place for a hearing before the Town Board in relation to such
dangerous or unsafe building,which hearing shall be scheduled not less than five business days from
the date of service of the notice, and (6) a statement that in the event of neglect or refusal to comply
with the order to secure or demolish and remove the building, the Town Board is authorized to
provide for its demolition and removal, to assess all expenses thereof against the land on which it
is located, and to institute a special proceeding to collect the costs of notification and demolition,
including legal expenses.
Section 7. Service of Notice
The said notice shall be served (1)by personal service of a copy thereof upon the owner, executor,
administrator, agent, lessee, or any person having a vested or contingent interest in such unsafe
building as shown by the records of the Town Receiver of Taxes (or Tax Collector) and/or of the
County Clerk; or if no such person can reasonably be found, by mailing such owner by registered
mail a copy of such notice directed to his/her last known address as shown by the one of the above
records; and (2) by personal service of a copy of such notice upon any adult person residing in or
occupying said premises if such person can be reasonably found; and (3) by securely affixing a copy
of such notice upon the unsafe building.
Section 8. Filing Requirement
A copy of the notice served as provided herein shall be filed in the office of the County Clerk of
the County of Tompkins as set forth in Section 130 (16) of the Town Law, or any successor statute.
Section 9. Refusal to Comply
In the event of the refusal or neglect of the person so notified to comply with said order of the Town
Board and after the hearing, if the Town Board does not alter its previous finding regarding the
unsafe building,the Town Board shall provide for the repair and securing or demolition and removal
3 Local Law#fi of 2000
of such building either by Town employees or by contract. Except in an emergency as provided in
section 11 hereof, any contract for demolition and removal of a building in excess of$20,000 shall
be awarded through competitive bidding.
Section 10. Assessment of Expenses
All expenses incurred by the Town in connection with the proceedings to repair and secure or
demolish and remove the unsafe building including the cost of actually removing such building and
all reasonable and necessary legal expenses incidental thereto, including the attorneys fees incurred
in obtaining any order permitted hereunder and for prosecuting any proceeding referred to in this
Local Law(including the proceeding referred to below under General Municipal Law section 78-b)
shall, at the option of the Town Board, either:
a. Be assessed against the land on which such building is located and shall be levied and
collected in the same manner as provided in the Town Law and Real Property Tax Law for the levy
and collection of a special ad valorem levy, or
b. Be collected by prosecution of a special proceeding against the owner of said unsafe or
dangerous building or structure pursuant to General Municipal Law section 78-b, or
c. Be collected by any other means legally available to the Town.
Section 11. Emergency Cases
Where it reasonably appears that there is present a clear and imminent danger to life, safety or
health of any person or property, unless an unsafe building is immediately repaired and secured or
demolished, the Town Board may by resolution authorize the Code Enforcement Officer to
immediately cause the repair or demolition of such unsafe building. The expenses of such repair or
demolition shall be a charge against the land on which it is located and shall be assessed, levied and
collected as provided in section 10 hereof.
Section 12. Separability.
Each separate provision of this Local Law shall be deemed independent of all other provisions
herein, and if any provisions shall be deemed invalid, all other provisions hereof shall remain valid
and enforceable.
Section 13. Supersession
This Local Law shall supersede all prior local laws, ordinances,rules and regulations relative to the
repair or removal of unsafe buildings and collapsed structures within the Town, and, to the extent
any prior law, ordinance, rule or regulation dealing with repair or removal of unsafe buildings and
collapsed structures (except the New York State Uniform Fire Prevention and Building Code or any
4 Local Law# of 2000
successor statute or Code) is inconsistent with the terms of this Local Law, the provisions of this
Local Law shall prevail.
Section 14. Amendment of Zoning Ordinance. Section 515 of the Town of Danby Zoning
Ordinance is hereby amended to read as follows:
"Section 515 - EXCAVATIONS, ABANDONED CONSTRUCTION AND
DESTROYED BUILDINGS. The following rules, in addition to any other local
rules(including the requirement to obtain a fill permit set forth below and the Town's
Unsafe Building Law), state laws or regulations or federal laws or regulations, shall
govern excavations in the Town:
1. No excavations shall remain open or uncovered for more than one year after
work has ceased on a construction project or such excavation has been
abandoned. Any excavation or cellar hole remaining after the demolition or
destruction of a building from any cause shall be covered or filled by the
owner within one year.
2. Fencing or other similar safety measures shall be provided around abandoned
excavations and other potentially hazardous conditions.
3. If a property owner fails to comply with any of the provisions contained
herein, he or she shall be subject to the procedures and remedies available to
the Town set forth in Unsafe Buildings Law of the Town of Danby, as if the
violation of the provisions of this Section 515 were a violation of such Law.
4. The above remedy is not intended to limit or restrict any other remedies or
recourse by the Town against the violators of this section."
Section 15. Effective Date.
This Local Law shall take effect upon its being duly filed in the office of the Secretary of State of
the State of New York as provided in section 27 of the Municipal Home Rule Law.
• ' . . ..o ca) Law Fitting aEV YORK STATE OEPARTHE!Ir OF STgTE
162 41A5}fIN% AVENUES, A�BAHT, pY iT2Z31
(Use this form to file a local law with the Secretary of Slate.)
•
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.
?`-- • • •
•
Toxu •
of DANBY •
•
Local Law No. 4 •
of the year 2000 . . • • •
A local law PROVIDING FOR THE REPAIR OR REMOVAL OF UNSAFE BUILDINGS
AND COLLAPSEIS1II aleTURES
•
xte it enacted by the TOWN BOARE . •
•
of fire
G"•,�:., (Noma of Lerialative Body)
°°4J— '
of DANBY
Town as follows:•
TOWN OF DANBY -
LOCAL LAW NO. 4 OF 2000
A LOCAL LAW PROVIDING FOR THE REPAIR OR.REMOVAL OF UNSAFE
BUILDINGS AND COLLAPSED STRUCTURES
•
Be it enacted by the Town Board of the Town of Danby
Section 1. Purpose
•
Unsafe buildings pose a threat to life and property in the Town of Danby (the "Town"). Buildings
and structures may become unsafe by reason of damage by fire, the elements,.age or general
deterioration. Vacant buildings not properly secure or doorways anti windows also serve as an
attractive nuisance for young children who may be injured therein, as well as a point of congregation
by vagrants and transients. A dilapidated building may also serve as a place of rodent infestation,
thereby creating a health menace to the community: It is the purpose of this Local Law to provide
for the safety,health protection and general welfare of persons and property to the Town by requiring
that such unsafe buildings be repaired or demolished and removed.
Section 2. Name of Local Law. • •
•
This Local Law shall be known as "Unsafe Buildings Law" of the Town of Danby
•
Section'3. Definitions. '
(1)"Building"means any building, structure or portion thereof used or formerly used for residential,
agricultural, business or industrial purpose. .
(2) "Code Enforcement Officer" means the Code Enforcement Officer of the Town or such other
person appointed by the Town Board to enforce the provisions of this Local Law.
•
(If additional space Is needed, attach pages the 11sarce size as this sheet, and number each.)
(1/
nnc.111 fn.—, 7/9n) •
•
? Local Law#4 of 2000
(3) "Town" means the Town of Danby.
Section 4. Investigation and Report.
When the Code Enforcement Officer, in his/her own opinion determines, or upon receipt of
information, that a building (1) has collapsed or is in such structural condition that it is reasonable
to anticipate it collapsing, to whole or in part, in the near future; (2) is, by reason of its physical
condition, otherwise dangerous or unsafe to the general public; (3) is open at the doorways and
windows, making it accessible to and an object of attraction to minors under eighteen years of age,
as well as to vagrants and other trespassers; (4) is a place of rodent or other pest infestation; or(5)
presents, by reason of its physical condition, any other danger to the health, safety, morals and
general welfare of the public; he or she shall cause or make an inspection thereof and report in
writing to the Town Board of the Town his/her findings and recommendations in regard to its repair
or demolition and removal
Section 5. Town Board Order.
The Town Board shall thereafter consider such report and by resolution determine, if in its opinion
the report so warrants, that such building is unsafe and dangerous and order its repair if the same can
be safely repaired or its demolition and removal, and further order that a notice be served upon the
persons and in the same manner provided herein.
Section 6. Notice: Contents
The notice shall contain the following: (1) a description of the premises; (2) a statement of the
particulars in which the building is unsafe or dangerous; (3) an order outlining the manner in which
the building is to be made safe and secure, or demolished and removed; (4) a statement that the
securing or removal of such building shall commence within 30 days of the service of the notice and
shall be completed within 60 days thereafter, unless, for good cause shown, such time shall be
extended; (5) a date, time and place for a hearing before the Town Board in relation to such
dangerous or unsafe building,which hearing shall be scheduled not less than five business days from
the date of service of the notice, and (6) a statement that in the event of neglect or refusal to comply
with the order to secure or demolish and remove the building, the Town Board is authorized to
provide for its demolition and removal, to assess all expenses thereof against the land on which it
is located, and to institute a special proceeding to collect the costs of notification and demolition,
including legal expenses.
Section 7. Service of Notice
The said notice shall be served (1) by personal service of a copy thereof upon the owner, executor,
administrator, agent, lessee, or any person having a vested or contingent interest in such unsafe
building as shown by the records of the Town Receiver of Taxes (or Tax Collector) and/or of the
County Clerk; or if no such person can reasonably be found, by mailing such owner by registered
3 Local Law#q • f 2000
mail a copy of such notice directed to his/her last known address as shown by the one of the above
records; and (2) by personal service of a copy of such notice upon any adult person residing in or
occupying said premises if such person can be reasonably found; and (3) by securely affixing a copy
of such notice upon the unsafe building.
Section 8. Filing Requirement
A copy of the notice served as provided herein shall be filed in the office of the County Clerk of
the County of Tompkins as set forth in Section 130 (16) of the Town Law, or any successor statute.
Section 9. Refusal to Comply
In the event of the refusal or neglect of the person so notified to comply with said order of the Town
Board and after the hearing, if the Town Board does not alter its previous finding regarding the
unsafe building,the Town Board shall provide for the repair and securing or demolition and removal
of such building either by Town employees or by contract. Except in an emergency as provided in
section 11 hereof, any contract for demolition and removal of a building in excess of$20,000 shall
be awarded through competitive bidding.
Section 10. Assessment of Expenses
All expenses incurred by the Town in connection with the proceedings to repair and secure or
demolish and remove the unsafe building including the cost of actually removing such building and
all reasonable and necessary legal expenses incidental thereto, including the attorneys fees incurred
in obtaining any order permitted hereunder and for prosecuting any proceeding referred to in this
Local Law(including the proceeding referred to below under General Municipal Law section 78-b)
shall, at the option of the Town Board, either:
a. Be assessed against the land on which such building is located and shall be levied and
collected in the same manner as provided in the Town Law and Real Property Tax Law for the levy
and collection of a special ad valorem levy, or
b. Be collected by prosecution of a special proceeding against the owner of said unsafe or
dangerous building or structure pursuant to General Municipal Law section 78-b, or
c. Be collected by any other means legally available to the Town.
Section 11. Emergency Cases
Where it reasonably appears that there is present a clear and imminent danger to life, safety or
health of any person or property, unless an unsafe building is immediately repaired and secured or
demolished, the Town Board may by resolution authorize the Code Enforcement Officer to
immediately cause the repair or demolition of such unsafe building. The expenses of such repair or
•
4 Local Law#:ty of 2000
demolition shall be a charge against the land on which it is located and shall be assessed, levied and
collected as provided in section 10 hereof.
Section 12. Separability.
Each separate provision of this Local Law shall be deemed independent of all other provisions
herein, and if any provisions shall be deemed invalid, all other provisions hereof shall remain valid
and enforceable.
Section 13. Supersession
This Local Law shall supersede all prior local laws, ordinances, rules and regulations relative to the
repair or removal of unsafe buildings and collapsed structures within the Town, and, to the extent
any prior law, ordinance, rule or regulation dealing with repair or removal of unsafe buildings and
collapsed structures (except the New York State Uniform Fire Prevention and Building Code or any
successor statute or Code) is inconsistent with the terms of this Local Law, the provisions of this
Local Law shall prevail.
Section 14. Amendment of Zoning Ordinance. Section 515 of the Town of Danby Zoning
Ordinance is hereby amended to read as follows:
"Section 515 - EXCAVATIONS, ABANDONED CONSTRUCTION AND
DESTROYED BUILDINGS. The following rules, in addition to any other local
rules(including the requirement to obtain a fill permit set forth below and the Town's
Unsafe Building Law), state laws or regulations or federal laws or regulations, shall
govern excavations in the Town:
1. No excavations shall remain open or uncovered for more than one year after
work has ceased on a construction project or such excavation has been
abandoned. Any excavation or cellar hole remaining after the demolition or
destruction of a building from any cause shall be covered or filled by the
owner within one year.
2. Fencing or other similar safety measures shall be provided around abandoned
excavations and other potentially hazardous conditions.
3. If a property owner fails to comply with any of the provisions contained
herein, he or she shall be subject to the procedures and remedies available to
the Town set forth in Unsafe Buildings Law of the Town of Danby, as if the
violation of the provisions of this Section 515 were a violation of such Law.
4. The above remedy is not intended to limit or restrict any other remedies or
recourse by the Town against the violators of this section."
5 Local Law#.4of 2000
Section 15. Effective Date.
This Local Law shall take effect upon its being duly filed in the office of the Secretary of State of
the State of New York as provided in section 27 of the Municipal Home Rule Law.
•
(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 bully uuly,) • • -•
I hereby certify that the local law annexed hereto, dcsignatr.d as local law No.'
of the (County)(City)(Town)(Village) of DANBY
4 • uC 2000
rTa�Wo e OfARD o�Yl on MAY 22 2QQQ, in accordance with the applicable pro passed b} the
provisit)ct� of law.
•
•
•
•
2. (Passage by Iocal Iegl ativc body with approy , no disapproval or re, •ssage after disapproval • •
by the Flrctive C_h' .1 Executive Officer'.) .
•
I hereby certify th the local law annexe- icreto, designated as n al law No. •'
of the (County) ity)(Town)(Village) • of 1 •
on s duly passed y the
'brne of c• save body) -- 19_, + d was (approved)(npt disa•proved)(replc: d after
disappr: •ai) by the •
:nd was deemed duly adop d on 19
s ettty. to Executivi••Olocer') •
in a ordance with the a •Iicable provisions of In . .
•
•
3. (Final adoption by referendum.)
' I hereby certi that the local law . nexed hereto, d= ignited as local 1--'No.
of the (Cou ty)(City)(Town)(Vil gc) of of
• was •my passed y the
on 19_, and wa approved //not disc )( p
erne of e¢i•fative Yody) )\ pp•oved re as d after •
disapp oval) by the on 19_ •cat local law as
r! t(v• Ch,• e.x•eutiva • deer
. sub t itted to the pea. e by reason of a mandatory)(permi• ive) referendum, and eceived the irmative
v• c of a majority . the qualified el tors voting there•n at the (general)(sper.' l)(annual) election held on
.1 in accordan-:, with the applic ,.le provisions of lay. . .
•
4. (Subject t. permissive referendu. -fad final adoption •ecausc no valid pet on was filed equcsting
rcfcrnd ,)
I hereby crtify t=,ar t'^e.local .w annexed hereto, ,•csignatcd as local la Nu.
of the ('ounty)(City)(Town) Hinge) of 0 1��—
was duly pass 4 by the
Hanle •f Lei:hiltiva ody
on 19 , ar.d was uppruved)(no: di'. pproved)(repa•sed after
disn proval) by the on • 19 Such local la was subject to
lective Chief Executive free.,,)
—
pe missive reCeren urn and no valid pc tion requesting sucl referendum was C ed as of 19
it accordance w' , the applicable pro tsions of law. • -
'
•
•
•
•
•
•ElectIre Chlcf Executive Officer tales/„ ur includes the chief executive officer or A county elected on a
county-wide basis or, If there bc• none, the chairman of the county legislative body, the mayor or a city
or village, or the supervisor of a tow,, ,vitere auctt officer Is vested lvltit the power to approve or veto local
laws or ordinances. , •
(2) •
•
• • (Cirty Ioctl law'conccrntng Charter revision proposed by petition.) •
T h •rchy certify that the local law annexed hereto, des'_nated ac local law N .
of the City of Navin been s oC
g mitred to refere durn pursua t to
the provisions of section (36 37) of the Municipr 1-iornc Rule Law, and 1 viug received th• affirmative •te
• of a majority of the qualiCed electors of such -try voting thereon at the (_peciai)(gcneral) lection held •
19 , came operative.
•
6, (County Ioc law cuuuertlitig duptlun of Charter.)
I hereby cer fy that the Iocal 1 . annexed hereto, deli- • ated RS local Iaw N . . . of 19
of the Co y ty of , State of "cw 'York, having seen submitted to
the elec rs at the General lection of November 19 pursuant to subdi isions 5 and 7 of
sectio 33 of the 1`funici.ai Home Rule Law, an• aving received the affirmative vote of : majority of the
Qualified electors nF t nitifts of said county a a unit and of a maj• sty of the qualifies elcctois of the towns
of id county consi. red as a unit voting at .aid general election ecame operative;
( f any other authorized form of final adoption has been followed, please provide •n appropritate certification.) .
•
I further certify that I 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 cf such original local law, and was finally adopted
in the manner indicated in paragraph , above.
Clletk of uld uuney legt.larive tsoo y icy,Town orYiUate �lcr
or officer desi3netsd b lo le ilaative body
Y 6
(Sec!) Date:- MAY 25, 2000
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorised Attorney of Iocality.)
•
STATE OFNtWYORK
COUNTY OF TOM PK I NS •
•
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
prccccdings have been had or taker fur the enactment of the local law annexed hereto. •
(iA4,4 Sign urn
•
r O ' . • 4 o1..-r
zoie'rry Dan or D ,y
Town
•
Date: J n&. •1� al9e0
•
•
(3)
To' Car , Ed, John Barney
From: Sue Beeners, 5/18/00
Re: Planning Board May 17
Here are my notes on what the Planning Board voted unanimously as a report to the
Town Board on the Unsafe Bldgs. Local Law. Carol would be producing the official copy
of this report based on notes and the tape.
Report from the Planning Board to the Town Board with respect to Proposed Local Law
No. 3 - 2000:
The Planning Board recommends:
There is a need to consider the possible financial impacts of demolition, disposal,
reclaiming, or repair on the varied economic levels and lifestyles of Danby residents
and/or property owners.
There is a need for safeguards for people with limited income, minorities, the
elderly, and the sick.
3. Criteria should be developed and fully explicated for assessing the condition of
the properties, as well as should criteria for"good cause".
4. Any complaints should be documented and not anonymous.
and it is further recommended:
That the Town Board take positive steps to assist people and that the use of such
legislation be only as a last resort.
G l CLA.- r
:::„,,,,,„:„..„:.,.. „.,
::
c 0 py
~.TOMPKI NS..,,
:.,,,,,.:„, COUNTY
{
STS _ N OF DANBY - TOMPKINS COUNTY
y r 1830 DANBY ROAD
. (607)277-4788
ITHACA, NEW YORK 14850-9419 Fax: (607)277-0559
May 26, 2000
State Records and Law Bureau
Department of State
162 Washington Avenue
Albany, New York 12231
Dear Sir:
Enclosed for filing kindly find original copies of Local Laws
No. 3 and 4 of the year 2000 for the Town of Danby entitled as
follows:
Local Law No. 3 : "A LOCAL LAW PROVIDING FOR A PARTIAL TAX
EXEMPTION FOR REAL PROPERTY OWNED BY DISABLED PERSONS WITH
LIMITED INCOMES, and
Local Law No. 4: "A LOCAL LAW PROVIDING FOR TIE REPAIR OR REMOVAL
OF UNSAFE BUILDINGS AND COLLAPSED STRUCTURES.
Yours trul ,
e0,410. r4-4-4-;
Carol W. S zze n
c pa ski
Town Clerk
Enc.
fez
it 14.16-4(9/95)—Text 12
PROJECT I.D. NUMBER 617.20 SEQR
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPLICANT3 N 0 4 a vt-b -Vow n A , 2. PROJECT NAME
3. PROJECT LOCATION: (J�1
Municipality (q Y\ County
4. PRECISE LOCATION(Street address and road Intersections,prominent landmarks,etc.,or provide map)
CTOl.J N w, DI
5. IS PROPOSED ACTION: 6l Nl( ,
' New ❑Expansion Modification/alteration oT Z.c lit t vl q 0 rap yt 6. Q
£ _,
6. DESCRIBE PROJECT BRIEFLY: J
?co 1765 a LA L_ L A vJ I'JZo v t D) /2-51Fki
o - poN,i OvA L, 6T u t t/t I
Go w 5 •r CA-IA ✓1��
7. AMOUNT OF LAND AFFECTED:
Initially acres Ultimately acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
bSl Yes ❑No If No, describe briefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? �y �(
1ResidentIai l�lj Industrial ;commercial L24AgrIculturo LXi Park/Foresl/Opon space ❑Other
Describe: / \ /
10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL,
STATE OR LOCAL)?
❑Yes Ja1No tf yes,Ilst agency(s) and permit/approvals
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
❑Yes ❑No If yes,Ilst agency name and permit/approval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
❑Yes ❑No '0\) . A
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE 1
Applicant/sponsor name: `Town -D INFORMATION
A ��� �� P a -C- Dale: 5 `'l D
Signature: (/" r' C ,C0`{ 1,-, ►�JV
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 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF.
Cl Yes ❑No
B. 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 ❑No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, it legible)
Cl. 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 resources; ommunily or neighborhood character?Explain briefly:
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habita , o threatened or endangered species? Explain briefly:
/ s
C4. A community's existing plans or go 0 a s of 'daily adopt=Aila c ange in use or intensity of use of land or other natural resources?Explain briefly.
C5. 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 ❑No
E. IS THERE, OR IS THERE LIKELY TO BE, 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 D 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 you 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:
—row" 0 � � iN T�w u-� �jou.✓�
ante of Lead Agency •
E) vvA-.d T„ I MA)vt S U � I vI st7y
Print or Type Name of espo e Officer in Lead Agency Title of Responsible Officer
fro
Signature o4;le Officer in Lead Agency Signature of Preparer(li different from resp nsible officer)
Date
2
PART H ATTACHMENT-ENVIRONMENTAL ASSESSMENT-PROPOSED LOCAL
LAW PROVIDING FOR THE REPAIR OR REMOVAL OF UNSAFE BUILDINGS AND
COLLAPSED STRUCTURES
A. This is an Unlisted Action.
B. The action is receiving coordinated review with involved agencies being Town of Danby
Planning Board,and Tompkins County Dept. of Planning(General Municipal Law 239-m).
Cl.No significant adverse impacts to these features are expected,as the proposed local law
involves no direct physical alterations. If subsequent actions were taken as a result of this local
law to repair,demolish,or remove subject buildings,then such actions would be subject to
further SEQR classification and review as required.
C2. Subsequent actions taken as a result of this local law are likely to improve neighborhood
character and general environmental conditions.
C3. It is likely that further SEQR classification and review,as required,and knowledge of site-
specific conditions,would mitigate any potential adverse impact to such species and habitats.
C4. The proposed local law is consistent with objectives of the Town Zoning Ordinance,and the
New York State Uniform Fire Prevention and Building Code.
C5. No significant adverse impacts related to this local law are expected,as beneficial impacts
are the intent of this local law.
C6. No significant adverse impacts are expected for reasons described above.
C7. Subsequent actions taken as a result of this local law would most likely incur energy use
related to remediation of unsafe buildings and collapsed structures,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.
DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE
A negative determination of environmental significance is recommended. The proposed local
law in of itself would involve no physical alterations. If any actions taken to repair,demolish or
remove unsafe buildings and collapsed structures were subject to SEQR review,this would occur
on an individual basis,with beneficial environmental impacts expected to community health,
safety,and general welfare.
Town of Danby Town Board,Lead Agency
Susan C.Beeners,Reviewer .5-6 0E51 MD
To: Car , Ed, John Barney
From: Sue Beeners, 5/18/00
Re: Planning Board May 17
Here are my notes on what the Planning Board voted unanimously as a report to the
Town Board on the Unsafe Bldgs. Local Law. Carol would be producing the official copy
of this report based on notes and the tape.
Report from the Planning Board to the Town Board with respect to Proposed Local Law
No. 3 -2000:
The Planning Board recommends:
1. There is a need to consider the possible financial impacts of demolition, disposal,
reclaiming, or repair on the varied economic levels and lifestyles of Danby residents
and/or property owners.
2. There is a need for safeguards for people with limited income, minorities, the
elderly, and the sick.
3. Criteria should be developed and fully explicated for assessing the condition of
the properties, as well as should criteria for"good cause".
4. Any complaints should be documented and not anonymous.
and it is further recommended:
That the Town Board take positive steps to assist people and that the use of such
legislation be only as a last resort.
•
s co
Tomns unt
DEPARTMENTOF PLANNING
121!East OimrGStreet
IthacayNew York 14850
James W.Hanson,Jr. * ,� Telephone (607) 274-5560
Commissioner of Planning Fax (607) 274-5578
May 16, 2000
Ms. Susan Beeners
Code Enforcement Officer
Town of Danby
1830 Danby Road
Ithaca,NY 14850-9419
Re: Review Pursuant to §239—1, & -m of the New York State General Municipal Law
Action: Amendment to Zoning Ordinance to reference Local Law 3 providing 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 and-m of the New York State General
Municipal Law.
The proposal, as submitted, will have no significant deleterious impact on intercommunity, County, or
State interests. Therefore, no recommendation is indicated by the Tompkins County Planning
Department, and you are free to act without prejudice.
Please inform us of your decision so that we can make it a part of the record.
Sincerely,
es W. Hanson, Jr.
ommissioner of Planning
tRecycled paper