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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