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HomeMy WebLinkAboutMiscellaneous Local Laws (Please Use this Form for Filing your Local Law with the Secretary of State) 4111. Text of law should he given as amended. Do not include matter being eliminated and do not use italics or underlining to Indicate new matter. -er rmty Ctty of aa.n.b.y . Town -Village Local Law No. 3 of the year 19 _9..9...... Alocallnw providing for f:he administration? and enforcement of the n.....ua.t Uniform Fire Prevention and Building Code. Town Board Be it enacted by the of the tn.,..d1..1.1.11..twit --County 4ity- of Danby Town as follows: —Village SECTION I . Designation of Building Official . There is hereby designated in the Town of Danby a ®, public official to be known as the Building Official , who shall be appointed by the Supervisor with the approval of the Town Board at a compensation to be fixed by the Town Board. SECTION 2. Acting Buiding Official . In the absence of the Building Official , or in the case of his inability to.:-act for any reason, the Supervisor shall have the power, with the consent: of the Town Board, to designate a person to act: on behalf of the building Official and to exercise`'all the powers..conferred upon him by this Local Law. SECTION 3. Appointment of Building Inspectors. The Supervisor with the approval of the Town Board may appoint one building inspector or more, as the need may appear, to act under the supervision and direction of the Building Official and to exercise any portion of the powers and duties of the Building Official as directed by him. The compensation of such building inspectors shall he fixed by the Town Board. '(lf additional space is needed, please attach sheets of the same sire as this and number each)' Page 1 SECTION 4. Conflicts of Interest. • The Building Official, any building inspector, or any officer or employee of the Building Official or any Building ® Inspector, shall not engage in any activity inconsistent with his duties within the Town of Danby. In the event that the Building Official or any building inspector is directly or indirectly engaged in the construction of, the furnishing of labor, materials, supplies, or appliances for, the supervision of, the alteration, demolition, or maintenance of, or the preparation of plans or specifications for, any building within the Town of Danby, that building shall be inspected by a disinterested, qualified inspector appointed by the Supervisor with the consent of the Town Board. SECTION 5. Duties and Powers of Building Official . (a) Except as otherwise specifically provided by law, ordinance, rule, or regulation, or except as herein otherwise provided, the Building Official shall administer and enforce all of the provisions of law, ordinances, rules, and regulations applicable to the plans, specifications, or permits for the construction, alteration, and repair of buildings and structures, and the installation and use of materials and equipment therein, and the location, use, and occupancy thereof. (b) He shall promulgate rules and regulations ® subject to the approval of the Town Board to secure the intent and purposes of this Local Law and a proper enforcement of the law;, ordinances, rules, and regulations governing building plans, specifications, construction, alteration, or repairs. (c) He shall receive application, approve plans and specifications, and issue permits for the erection and alteration of buildings or structures or parts thereof and shall inspect or arrange for the inspection of the premises for which such applications have, been received, plans approved, or such permits have been issued for the purpose of insuring compliance with laws, ordinances, rules, and regulations governing building construction or alterations. (d) lie shall issue in writing all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to insure compliance during the entire course of construction with the requirements of such laws, ordinances, rules, and regulations, and such notices or orders may beserved upon the property owner or his agent personally, or by sending by certified mail a copy of such order to the owner or his agent at the address set forth in the application for permission for construction or alteration eration of such buildin g, and by posting the same upon a conspicuous portion of the premises to which the notice applies. He shall make all inspections which are necessary or proper for the carrying out: of his duties, except: that he may accept written reports of inspection from building inspectors appointed pursuant to Section 3 above or from generally recognized and .� authoritative service and inspection bureaus or agencies, r,. provided the same are certified by a responsible official • thereof. (e) Whenever the same amy be appropriate to ®' determine compliance with the provisions of applicable laws, ordinances, rules, and regulations covering building construction or alteration, he may, in his discretion, accept: and rely upon written reports of tests in the field by experienced, professional persons, or by accredited and authoritative testing laboratories or service and inspection bureaus or agencies. (f) He shall issue a certi(ibete of occupancy where appropriate for a building constructed or altered in accordance with the provisions of the Uniform Fire Prevention and Building Code which such certificate shall certify that the building conforms to the requirements of the Uniform Fire Prevention and Building Code. SECTION 6. Records and Reports (a) The Building Official shall keep permanent: duplicate official records of all transactions and activities conducted by him including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all rules and regulations promulgated by him with the consent of the Town Board, and ® notices and orders issued. One such set of records shall be kept in the Town Clerk 's office as public records open to public inspection during normal business hours. (b) The Building Official shall , monthly, submit to the Town Baord a written report and summary of all business conducted by him including approvals, permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made, and a summary of litigation pending or concluded. SECTION 7. Remedies and Penalties. (a) It shall be unlawful for any person, firm, or corporation to construct, alter, repair, move, equip, use, or occupy any building or structure or portion thereof in vio.iation of any provision of law or ordinance, as well as any regulation or rule promulgated by the Building Official in accordance with applicable laws, or to fail in any manner ton comply with a notice, directive, or oder of the Building Official , or to construct, alter, uon or ocoupy any building or structure or part: thereof in a manner not permitted by an approved building permit or certificate of occupancy. (b) In addition to::the remedies prescribed by Executive Law 3g?, any person who shall bail to comply with a written order of the Building Official within the time fixed for compliance therewith, and any owrier, builder, architect, contractor, subcontractor, construction superintendent, or their • agents, or any person taking part: or assisting in the construction or use of any building who shall knowingly violate any of the appli- ® cable provisions of law, or any lawful order, notice, directive, permit, or certificate of the Building Official made thereunder, shall be punishable by a fine of not more thah $500 or imprisonment for a period not exceeding 15 days, or both. Each day that any violation continues to exist beyond the date fixed in the order of the Building Official to remedy such violation shall be doomed a separate offense. SECTION B. Variance and Roview. A request for a variance from the Uniform Fire Prevention and Building Code and an appeal to review a determina- tion of or failure to render a determination by the Building Official shall be processed with the appropriate board of review as provided in 19 NYCRR 440. SECTION 9. Abatement_of_Violation. Appropriate action and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct, or abate a violation or to prevent illegal occupancy of a building, structure, or promises or to prevent ® illegal acts, conduct, or business in or about ny premises and these remedies shall be in addition to penalties otherwise prescrived by law. SECTION 10. Bulding Permits. (a) No person, firm, or corporation shall commence the erection, construction, enlargement, alteration, improvement, conversion, or change in the nature of the ocoupancy of any building or structure, or cause the same to be done, with- out first obtaining a separate building permit from the Building Official for each such building or structure, except that no building permit shall bo required for the performance of ordinary repairs which do not involve material alteration of structural features of the building or structure, and further that no building permit shall be roquired,dor the construction of small non- commercial structures not intended for human habitation. (b) Application for abbulbdthng permit shall be made to Lhe Building Official on forms provided by him and shall contain the following information: (1 ) A description of land on which the ® n proposed work is to be done. (2) A statement of the use or occupancy of all parts of the land and the proposed building or structure; (3) The valuation of the proposed work; (4) The full name and address of the owner and of the applicant, and the names and addresses • of their responsible officers if either of them are corporations, and the name and addresses of the owner 's authorized agent, if any; Aft (5) A brief description of the nature of the proposed work; (6) A statement that the applicant consents to permit: the Building Official , any building inspector, and any other pereoniaudhorizod or designated under this Local Law to enter u upon the premises without a search warrant in the manner prescribed in Section 15, and a statement that the work shall be performed in compliance with the Uniform Code and any other applicable state and local laws, ordinances, and regulations. (7) Such other information as may reasonably be required by the Building Official to establish compliance of the proposed wthrk with the requirements of the applicable building laws,eordinances, rules, and regulations. (c) The application shall be signed by the owner or his authorized agent. (d) The application shall bemmede by the owner ® or by the agent, architect, engineer, or builder employedibn comnect:ion with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner that the proposed work is authorized by the owner and the applicant is authorized to make such application; and the affidavit: shall contain a statement that the owner authorizes the applicant to consent to permit: the Building Official , any building inspector, and any other person authorized or designated under this Local Law to enter upon the premises without a search warrant in the manner prescribed in Section 15. (e) Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of t:he=work to be per- formed and the materials to be incorporated, distance from lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks, and alleys, and where required by the Building Official , details of structural , mechanical , and electrical work, including computations, stress diagrams, and other essential technical data, plans and spetifi- ® cations shall hear the signature of the person responsible for the design and drawings and where required by Sections 7202 or 7302, as amended, of Articles 145 or 147 of the Education Law of the State of New York, the seal of allicensed architect or a licensed professional engineer; the Building Official may waive the requirements for filing plans and specifications for minor alterations and issue a building permit so stating. 411 (f) Amendments, if any, to the application or Co the plans and specifications accompanying the same shall be filed with the Building Official and approval received from the Building Official prior to the commencement of such change of work. SECTION 11 . Fees. (a) The Town Baord shall by resolution from time Co time set a fee schedule for building permits, certificate of occupance, and 6or any other duties that the Building Official might be called upon to perform under this Local Law. (b) In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid, provided no work has been commenced. If work has been started and the application is not approved, the fees paid shall not be refunded. SECTION 12. Issuance of Building Permit or Disapproval of Application. (a) The Building Official shall examine or cause to be examined all applications for permits and the plans, wl specifications, and documents filed therewith. tie shall approve or disapprove the application within one week from the date of submission of the -application. (b) Upon approval of the . pplication and upon receipt of the fees therefor, the Building Official shall issue a building permit to the applicant upon the form proscribed by the Building Official and shall affix his signature or cause his signature to be affixed thereto. (c) Upon approval of the application, both sets of plans and specifications shall be endorsed with the word "approved. " One set of such approved plans and specifi- cations shall be retained in the files of the Building Official and the other set shall be returned to the applicant togbther with the building permit and shall be kept by the applicant at the building site oponsbotinbpekti,on by the Building Official or his authorized representative at all reasonabt6 times (d) If the application togbther with plans, specifications, and other documents filed therewith describe proposed work which does not conform to all of the requirements ® of the applicable building regulations, the Building Official shall disapprove the same and shall return the plans and specifi- cations to the applicant. Upon the request of the applicant, the Building Official shall cause such refusal, togbther with the reasons therefor, to be transmitted to the applicant: in writing. SECTION 13. Performance of Work Under Building Permit. /7 (a) A building permit shall be effective to / authorize the commencing of work for a period of six months after the date of its issuance. For good cause the Building Official may allow a maximum of two extensions for periods not exceeding one year each. All work shall conform to the approved application, plans, and specifications and shall be in accordance with Applicable building laws, ordinances, rules, and regulations. (b) Building permits shall be prominently displayed on the job site at all times during the progress of the work so as to be readily seen from adjacent thoroughfares. SECTION 14. Revocation of Building Permit. The Building Official may revoke a building permit theretofore issued in the following instances: • (a) Where he finds that;' there has been any false statement or misrepresentation as to a material fact in the application, plans, or specificationsnon which the building permit: was based; (b) Where he finds that the building permit was issued in error and should not have been issued in accord- ance with the applicable law; (c) Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans, or specificabions on • (d) Where the person to whom a building permit has been issued fails or refuses to comply with a sbop order issued by the Building Official . SECTION 15. Stop Orders. Whenever the Building Official has reasonabbe grounds to believe that work on any building or structure is being prosecuted inbviolation of the provisions of the appli- cable building laws, ordinances, rules, or regulations, or not in conformity with the provisions of an application, plans, or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property, or the owner 's agent, to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be writing, shall state the conditions under which the work may be resumed and may he served upon.ia person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building whore the work is being performed and sending a copy of the same to him be certified mail at the address sot forth in the application for permission for the construction of such building. SECTION 16. Right—of Entry. The Building Official and building inspectors, upon the showing of proper credentials and in the discharge of their duties, shall be permitted to enter upon any building, structure, or premises without interference, during reasonable hours. SECTION 17. Building Inseections. (a) The progeess of work for which a permit has been issued shall be inspected at such times and intervals as may be necessary and appropriate to determine whether the work is being performed in compliance with the Uniform Code and applicable regulations. Such inspection shall be carried out prior to enclosing or covering of the particular portion or phase of building construction, including but not limited to: excavation; foundation, structural elements; energy conservation; measures required by the Uniform Code; electrical systems; plumbing; heating, ventii4tion, and air conditioning systems; fire protection and detection systems; and exit features. 411 (b) It shall be the duty and responsibility of the owner or his authorized agent to inform the Building Official that the work is ready for oach phase of inspection. SECTION 18. Fire Prevention and Safety Inspection. (a) All dwelling units in' a building consisting of more than two such units, all trailers, and one or two dwelling unit buildings that are regularly leased to tenants, shall be inspected for the purpose of determining compliance with safety requirements of the Uniform Code at least once in every 12 months. Inspection of the common areas of such buildings such as halls, foyers, staircases, etc , shall be so inspected at least once in every 6 months. (b) Fire safety inspections of areas of public assembly as defined in 9 NYCRR 606 shall be bonducted at least once in every twelve months. (c) An inspection of a building of dwelling unit shall be performed at any other time upon (1 ) request of Lhe owner or his authorized agent, (2) receipt of a written statement specifying the ground upon which the subscriber believes that a violation of the Uniform Code exists, or (3) other reasonable and reliable information that such viola- tion exists. SECTION 19. Permits for Solid Fuel Burning !!eating Ap liance. A permit for installation of a solid fuel V i C) burning heating appliance,, chimney, or flue in any dwelling / 1 unit shall be ohtained as provided in Section 10 of this Local , . Law. If the Building Official, after inspection, determines Chat the installation is in compliance wit:h ' hhe Uniform Code, III he shall issue a certificate of compliance cnta form to be pr(' 'cribed by resolution of the Town Board. A violation of this section and of subdivision 5 of':s378 of the Executive Law shall be punishable as provided in such subdivision 5. SECTION 20. Certificates of Occupancy. (a) No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Official . (h) No building hereafter enlarged, extended, or altered, or upon which work has been performed .which required the issuance of a building permit, shall he occupied or used for more than 30 days after the completion of the alteration or work unless a• certificate of occupancy shall have been issued by the Building Official . (c) No change shall he made in the nature of the occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Official ; occupancy classifications for purposes of this paragraph are those found in 9 NYCRR 701. (d) The owner or his agent shall make , application for a certificate of occupancy. Accompanying ®- this application and before the issuance of a certificate of occupancy, there shallbe filed with the Building Official an affidavit of the registered architect or licensed professional engineer who filed the original plans, or of the registered architect or licensed professional engineer who supervised the construction of the work, or of the superintendent of construction who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy is sought. If the owner is also the builder, then he shall sign the affidavit . This affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought:, that the structure has been erected in accordance with approved plans, and as erected complies with the Unfarm Code or a varied by a change order which has been legally authorized. Such change orders and qualifying conditions imposed therewith, if any, shall he specified in the affidavit. SECTION 21 . Inspection Prior to Issuance of Certificate of Occupancy. IIIBefore issuing a certificate of occupancy, the Building Official shall examine or cause to be examined all buildings, structures, and sites for which an application has been filed for a building permit, to, construct:, enlarge, IC alter, repair, or change the use or nature of occupancy, and he may conduct such inspections as he deems appropriate from time to time during and upon completion of the work for which a building permit has boon issued. Thorn shall be maintained a duplicate record of all such examinations and inspections together with a record of dindings of violations of the law. SECTION 22. Issuance of Certificate of Occupancy. (a) When, after final inspection, it is found that the prpoosed work has been completed in accordance with the applicable building laws, ordinances, rules, and regula- tions, and also in accordance with the applicatdon, plans, and specifications filed in connection with the issuance of the building permit, the Building Official shall issue a certificate of occupancy upon the form provided by him. It is found that the prpoosed work has not been properlyitcompleted, the Building Official shall not issue a certificate of. occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations. (b) A certificate of occupancy shall be issued, where appropriate, within 30 days after written application therefor is made. (c) The certificate of occupancy shall certify that the work has been completed, and that the proposed use and occupancy is in conformity with the provisions of the applicable . building laws, ordinances, rule, and regulations, and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put. SECTION 23. Temporary Certificate of Occupancy. Upon request, the Building Official may issue a temporary certificate of occupancy for a building or structure, or part thereof, before the entire work covered by the building permit shall have been completed, provided such portion or portions as have been completed may be occupied safely without endangering life or the public health or welfare. A temporary certificate of occupancy shall remain effective for a period not exceeding three months from its date of issuance. For good cause the Building Official may allow a maximum of two extensions for periods not exceeding three months each. SECTION 24, Effective Date. This Local Law shall take effect immediately upon filing in the office of the Secretary of State. A LOCAL LAW REGULATING THE MAINTENANCE OF REAL PROPERTY IN THE TOWN OF DANBY PREAMBLE. This Local Law provides for the removal of junk, as defined below, which is visible from other properties or from the public roadways. While the primary, but not exclusive, enforcement of this Law is contemplated to be at the Zoning Officer' s own instigation, the Zoning Officer may also make a determination of whether or not this Law has been violated after receiving a complaint from a neighbor or other person who is directly or indirectly affected by the condition of a property. It is expected that people will maintain their properties in a responsible manner and that property owners will respond sensitively and responsibly to the concerns of their neighbors . BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF DANBY AS FOLLOWS: Section 1 . PURPOSE. The purpose of this Law is to protect the health, safety, and welfare of the residents of the Town of Danby, to protect the value of real property, and to promote and perpetuate the attractive appearance of neighborhoods in the community by providing for the removal of junk in accordance with the provisions below. Section 2 . PROHIBITED ACTS. (a) It shall be a violation of this Law for any owner or other occupant or person charged with the maintenance of real property in the Town of Danby to deposit, abandon, maintain, keep, or allow to accumulate on his property, outside of any building, any junk or material that, if thrown or deposited as herein prohibited, tends to create a danger to the public health, safety, and welfare, or creates degradation through unsightliness or noisomeness . (b) Classes of materials subject to regulation and examples thereof are as follows : - I . Equipment or machinery intended for outdoor use, such as automobiles, trucks, farm implements, lawnmowers, campers, trailers, boats, or other such devices, which are in a state of disrepair or are otherwise dilapidated, broken, abandoned, or not in condition to be used for their original purpose. In the case of vehicles or equipment designed for use on the public roadways, the phrase "dilapidated, broken, abandoned, or not 2 in condition to be used for their original purpose" shall be defined as incapacity to meet the requirements imposed by the State of New York for legal use on such roadways . II . Any equipment or appointments designed for indoor use, such as stoves, refrigerators, washing machines, furniture, etc. , or parts thereof , when stored on any property for more than thirty ( 30) days, at which time any such item shall be presumed to be abandoned. III . Nonbiodegradable rubbish or trash. IV. Biodegradable trash, such as piles of brush, leaves, weeds, etc. , when left in the front or side yard of any property for more than thirty (30 ) days . Compost piles that are discreetly placed in a backyard are excluded from regulation under this Law. V. Construction or demolition debris if present for more than one year. The examples given above are not intended to be exhaustive and do not limit the list of items that might be construed as belonging to any of the above classes of materials . Further, the list of classes and examples given above is not in limitation of the prohibition in this section. (c) Except to the extent that a health, safety, or fire hazard is found to exist, or if the storage of such items would constitute a nuisance, it shall not be a violation of this Law to maintain on real property items of the kind and nature set forth in subsection (b) above if such items are stored inside a storage structure or if they are stored in such a manner that they are not visible to neighboring properties or from any public roadway, except that this Law does not affect any further regulation now existing in the Town Zoning Ordinance or any other local law or any further regulation that is enacted after the effective date of this Law of such storage of materials . Duly licensed vehicle dismantlers, salvage pools, car crushers, vehicle collectors, vehicle rebuilders, scrap processors, scrap collectors, or repair shops (as those terms are defined in Section 415-a of Article 16 of the Vehicle and Traffic Law of the State of New York) in existence on the effective date of this Law shall not be required to conform to the requirements of nonvisibility from any public roadway, but rather shall be required to screen, by means of non- transparent fencing, shrubbery, or the like, their operations 3 at least from adjacent roadways,, ! In addition, such non- transparent screening shall be required and shall be erected between these operations and any adjoining property if the owner of such adjoining property requests such screening. ,Such non-transparent screening shall be construed to be an affirmative obligation under this Law, and the refusal to erect the same when required shall be construed to be a cause of a violation of this Law. Section 3 . VIOLATIONS. (a) Fines and imprisonment. A violation of this Law shall be a 'violation as defined in Section 10 . 00 of the Penal Law of the State of New York and shall be punishable by a fine not to exceed Two Hundred and Fifty Dollars ($250 . 00 ) or a sentence of imprisonment not to exceed fifteen ( 15) days in jail, or both. Failure to eliminate the cause of a violation within thirty (30 ) days of being found guilty of a violation of this Law shall constitute a new and separate violation, as shall each thirty (30 ) day period thereafter that the cause of the violation is not eliminated. It is intended that fines and/or imprisonment recur and increase in severity until the cause of the violation is removed. (b) In.iunctive Relief. Imposition of a fine or imprisonment in accordance with subsection (a) above shall not be construed to be the exclusive remedy available to the Town under this Law'. The Town Board may authorize the commencement of a proceeding in Supreme Court for injunctive relief if the cause of a violation is not eliminated within thirty ( 30 ) days of a finding that the condition of the property constitutes a violation of this Law. Such proceeding may be pursued concurrently with any enforcement proceeding under Section 4 below. Section 4. ENFORCEMENT. (a) Zoning Officer Procedure. The Zoning Officer of the Town of Danby is hereby authorized to enforce the provisions of this Law. The title "Zoning Officer" shall include any assistant Zoning Officer that may be appointed by the Town Board. (i ) The Zoning Officer shall , on his normal business about the Town, note and investigate any visually or otherwise apparent violations of this Law. In addition, he shall investigate any complaints received. Upon determining that in his judgment this Law has been violated, the Zoning Officer shall give the owner of the real property or other person charged with i 4 the maintenance of the property written notice setting forth notice of the violation, including the nature of the violation and notice of the provisions of this Law that have been violated, and directing that the violation be terminated or corrected within thirty (30 ) days of the date of such notice. (ii ) Service of such notice shall be made (A) by delivering the notice personally to the owner, lessee, occupant, or other person charged with the maintenance of the property, or (B) by delivering it to a person of suitable age and discretion at the actual place of business, dwelling place, or usual place of abode of the person to be served, together with mailing a copy of the notice to the person to be served at his last known residence, or (C) by mailing such notice to the address of the real property and to the address listed by the owner for the receipt of tax bills ( if different from the property address) if personal service of such notice cannot be made after a reasonable attempt. An affidavit of service shall be completed in each case specifying the person served and the date, time, address or place of service (unless such service was made by mail) , and manner of service and the affidavit shall be signed by the person making such service . (iii) If the owner of the real property or other person charged with the maintenance of the property fails to terminate or correct the violation in the time provided, the Zoning Officer shall file a written complaint, signed by the complaining party if other than the Zoning Officer, with a Town Justice specifying the conditions, acts , or omissions constituting a violation, and the name and address of the real property owner, lessee, occupant, or other person charged with the maintenance of the property. The Zoning Officer shall also file the affidavit of service showing compliance with subsection (a) (i ) and (ii) above. Upon receipt of such a complaint, the Town Justice shall issue an appearance ticket directing the person specified in the notice of violation to appear in person in court; if such person does not appear, the Town Justice may issue a warrant for the arrest of said person based upon any complaint or information previously filed. (b) Appeal of Finding of No Violation by Zoning Officer. Any person who has filed a complaint with the Zoning Officer may appeal to the Town Board at one of its regular meetings a case where the Zoning Officer has issued a finding that no violation of this Law has been found or refuses to act on that person' s complaint. Supporting proof of the existence of the violation cited (e. g. , photographs, affidavits from 5 other neighbors, etc. ) may be provided by the person appealing to the Town Board. The Town Board shall make any reasonable investigation that is deemed necessary and shall arrive at a decision either to instruct the Zoning Officer to process the complaint in accordance with subsection (a) above or to dismiss the complaint. Section 5 . EFFECTIVE DATE. This Local Law supersedes the Town of Danby Junk Car Law. This Law shall not be enforced until 60 days after its passage by the Town Board; this 60-day period prior to enforcement is intended to give property owners an opportunity to terminate and correct any violations of this Law that might exist on their property. After the 60-day compliance period, this Law shall apply to preexisting conditions and violations as well as to new violations. it y 1 K.pa=t STATE OF NEW YORK DEPARTMENT OF AUDIT AND CONTROL ALBANY ARTHUR LEVITT March 13, 1978 STATE COMPTROLLER IN REPLYING REFER TO Town Clerk Town of Danby R.D. #4 Ithaca, N.Y. 1 +858 Dear Sir: I hereby acknowledge receipt as of August 8, 1977 of certified copy of Local Law No . 2 and 3 of 1977 for the Town of Danby which copy is being filed in this office . Very tr y yours , (--- S-\:=2) a_..„5 Kendall :.. Pi „0 Associate Attorney KRP : s cc : Secretary of State TOWN OF ITHACA Ithaca, New York ORDINANCE REGULATING UNSAFE BUILDINGS AND COLLAPSED STRUCTURES Adopted July 7, 1960 -- Effective August 7, 1960. Any Buildings or Structures within the Town of Ithaca which are now or should hereafter become dangerous or unsafe to the public or shall have collapsed or be in danger of collapsing, such building shall be either removed, and the ground in the area of such building filled and leveled to the natural grade, or repaired to meet the standards of the New York State Building Construction Code. The following shall be provided: a. An inspection and report by the Town Building Inspector. ; I b. 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 the property, 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 description 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. c. After notice has been served as provided under b. above, work on removal or repair of the building or structure in ques- tion shall be begun within sixty days and such work shall there- after proceed to completion within a reasonable period of time. d. In event of neglect or refusal of person served with notice to comply with same, a survey of premises shall be made by an inspector and architect to be named by the Town Board and a practical builder , engineer or architect appointed by person notified as above and in event of refusal or neglect of person so notified to appoint such surveyor the two surveyors named shall make the survey and report . The notice shall state that in the event the building or other structure shall be reported unsafe or dangerous under such survey, that an application will be made at a special term of the supreme court in the judicial district in which the property is located for an order determining the buil- ; ding or other structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed. e. A signed copy of the report shall be posted on the premises upon completion of the report of survey on the building. Such notice shall state the compensation of the surveyors . f . All costs and expenses incurred by the town in connection with the proceedings to remove or secure , including the cost of actually removing said building or structure, shall be assessed against the land on which said buildings or structures are located.; 11S 1S E A L ALA 11/30/70 • LOCAL LAW TO REGULATE OPERATION OF SNOWMOBILES A LOCAL LAW to regulate the operation of snowmobiles on public • highways and places of the Town of Lansing Be it enacted by the Town of Lansing as follows: Section 1. Legislative Intent. The purpose of this local law is to protect the public health, welfare and safety by regulating the operation • • of snowmobiles on public highways and places of the Town of Lansing in a manner which will be compatible with the use of such highways and places for vehicular and pedestrian travel and other uses, and which will promote the safe and proper use of snowmobiles for recreation and commerce and minimize detrimental effects of such use on the environment. Section 2. Definitions. For the purpose of this local law, the following words, phrases and terms shall have the following meaning: (1) "Person" includes an individual, partnership, corporation, municipal corporation, the state and its agencies and subdivisions, and any body of persons, whether incorporated or not. (2) "Municipal Corporation" includes a county, city, town, village, school district, fire district and a special or improvement district of a • county or town. (3) "Snowmobile" means a self-propelled vehicle designed for travel on snow or ice steered by skiis Or runners, and supported in part by skiis, belts or cleats. (4+) "Owner" means a person other than a lien holder, having the property in or title to a snowmobile. (5) "Operate" means to ride in or on, other than as a' passenger, • use or control the operation of a snowmobile in any manner, whether or not said snowmobile is under way. • 2. (6) "Operator" means every person who operates or is in actual physical control of a snowmobile. (7) "Public Way" means any public highway, road, street, , avenue, alley, place or driveway. (8) "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel. (9) "Street or Highway" means the entire width between boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right, for the purpose of vehicular traffic. (10) "Shoulder" means that portion of a public right of way used to support the improved portion of the road and for emergency travel and parking only, which lies outside the paved or improved portion of the road. . (11) "Special Event" means an organized race, exhibition or demonstration of limited duration which is conducted according to a prearranged schedule and in which general public interest is manifested. (12) Whenever the word "Town" is used herein it shall mean the Town of Lansing • j • I , 3. Section 3. Operation on Streets or Highways: 1 ''' '. ' ''. ... . (1) Operation of snowmobiles on highways and ublic ways within P Y the , Town shall be subject to the applicable provisions of Article 8 of the . • Conservation Law and the Rules and Regulations of the Office of Parks and Recreation, and where applicable the further rules, conditions and . - • ' • • restrictions established by this Local Law. , (2) Unplowed Town Roads. The following town roads and highways - are hereby identified as customarily unplowed roads within the meaning . of Conservation Law Section 8-303, 2c(4): . • : . ' ' Brown Hill Road All other unnamed and abandoned town roads. • i i I.• I' . Ii !I . • d it . • is . I I �� . I • { 1:: I Ii I . f I • • 4. • (3) Town Roads designated for snowmobile operation. • In addition to the operation of snowmobiles on the highways and in the manner permitted by clauses (a) and (b) and paragraphs (1), (2), (4) and (5) of clause (c) of Conservation Law Section 8-0303, snowmobiles may be operated, subject to the further rules, restrictions and conditions set forth in Section 5 hereof, on other town roads within -- the Town as follows: (a) On the Shoulders of Certain Uncongested Town Highways. The following streets, roads or highways are hereby designated as uncongested for the purpose of operation of snowmobiles on the shoulders thereof, as authorized by Section 8-0303,2c(3) of the Conservation, Law: r ' Algerine Road Armstrong Road (Triphammer Terrace) Benson Road Chicahominy Road Cuddeback Road Davis Road Holden Road Lakeview Road Lansing Station Road Lockerby Hill Road Ludlow Road North Lansing (Storms Road) ' North Lansing School Road Salmon Creek Road Scofield Road (Lansing-Groton Town Line Rd. ) Snushall Road . Sperry Lane I Storms Road I • • " II • (b) On the Roadways and Inside Banks of Certain Town Roads. •i . In addition to travel on the outside banks or slopes [permitted by Section 8-0303, 2c(5)] and on the shoulders [permitted by clause (a) of this subdivision] , a snowmobile may be operated erate p don the inside bank or roadway : - of the following town highways or portions thereof described herein, it being hereby determined that by reason of normally prevailing snow conditions and conditions of terrain, the slopes or areas outside the guard-rails or - the back side of snow embankments of such highways or portions thereof are : . , non-existent or impassible: Algerine Road Armstrong Road (Triphammer Terrace) Benson Road Chicahominy Road Cuddeback Road Davis Road Holden Road • Lakeview Road - Lansing Station Road Lockerby Hill Road Ludlow Road North Lansing (Storms Road) North Lansing School Road Salmon Creek Road Scofield Road (Lansing-Groton Town Line Rd.) SnusbAll Road Sperry Lane Storms Road I • • • • • • • • • • • 6. (4) County Roads. The Town hereby authorizes, subject to the approval of the Board of Representatives of the County of Tompkins, the operation of _ • • snowmobiles on the shoulders, inside banks and roadways of the following county roads, or portions thereof within the town, it being hereby determined that by reason of normally prevailing snow conditions and conditions of terrain, the slopes or areas outside the guard-rails or the backside of snow embankments of such highways or portions thereof are non-existant or impassible. Fenner Road Lansingville Road • Ludlowville Road (From 34B to 34B) Milliken Station Road Myers Road (from Lake to Salmon Creek Rd. ) North Lansing School Rd.(from VanOstrand to Town Line) VanOstrand Road • • • 7. (5) Emergency Travel. In addition to the emergency travel permitted upon declaration of a general snow emergency by the Supervisor as provided . by Conservation Law Section 8-0303, 2c(1), a snowmobile may be operated on highways within the town otherwise closed to snowmobile travel, when the specific travel for a specific purpose is authorized by a state or local police officer, fire chief, supervisor or town highway superintendent. • (6) Identifying Road Markers. The roads or highways opened for ; ' • snowmobile travel as provided in paragraphs (a) and (b) of subdivision (3) and by subdivision (4) shall be identified by appropriate road markers, • (7) Order of Use of Portions of Road. Operation of snowmobiles on • ' ..roads within the town where by statute or this local law permitted, shall be on the following portions thereof in order of freedom from vehicular congestion as herein stated, and operation on the portion thereof in the more congested - or unsafe category is permitted only when travel on the lesser congested • , area is impassable: Unplowed roads [Statute §8-0303 2c (4)] on any - portion thereof; Outside slopes, areas outside of guard-rails and back side of snow embankments [Statute §8-0303 2c (5)]; Shoulders [Statute §8-0303 2c (3) and local law • §3 (a)] , Inside banks or roadways proper [Statute §8-0303 4 and local law Section 3 (3) (b) and (4)]; On left side of road (limited to daytime) against • vehicular traffic, for limited areas only when the right side is impassable, and only when visibility permits a clear view of vehicular traffic. ' Section 4. Parks and Other Public Places other than Highways, • (1) Subject to the restrictions and conditions in Section 5 of this local law and the rules and regulations' of the Office of Parks and.Recreation, snowmobiles may be operated only on or along designated and marked trails of the following public parks and places of the town, • • II 8. • • • N s f / l O US N P R , r • • (2) Except as provided in subdivision (1) of this section, operation of snowmobiles on any other public parks and places of the town is hereby expressly prohibited. Section 5. Conditions and Restrictions. Whenever the operation of a snow mobile is permitted on the shoulder, roadway or inside bank of any street or highway or portion thereof within the town as provided in Section 3, subdivisions (3) and (4) of this local law, or on parks or public lands of the town as provided in Section 4. of this local law, the following rules, conditions and restrictions are hereby 'imposed to all such snowmobile • operations: (1). Direction of travel. No person shall operate a snowmobile within the roadway of a public road within the town between sunrise and. sunset except on the right side of such roadway and in the same direction as the highway traffic. Operation on other public places shall be only in the direction, if any, marked by appropriate route direction signs. (2) Financial Security. It shall be unlawful for any person to operate _ a snowmobile on any highway or on public lands within the town unless the owner or operator of such snowmobile is, insured against public liability. and carries with him proof of financial responsibility, such as a certificate of liability insurance of the type, coverage and of the minimum amount as defined and required of owners and operators of motor vehicles by the Vehicle and Traffic Law of the State of New York. Such proof shall be dis- played by the owner or operator of any snowmobile upon request to any law 9• enforcement officer or to any person who has suffered or claims to have suffered either personal injury or damage to property as a result of the • operation of such snowmobile by any such owner or operator. (3) Obedience to Vehicular Traffic Controls. Each person operating a snowmobile on any highway within the town shall observe strictly all vehicular traffic signs and signals and all other rules and regulations . applicable to vehicular traffic, and shall obey the orders and directions : of any State of local police or other law enforcement officer authorized . to direct of regulate traffic. (4) Sidewalks. It shall be unlawful to operate a snowmobile upon a public sidewalk or walkway in the town. (5) Unnecessary Noise. It shall be unlawful for any person to operate a snowmobile, except at Special Events sanctioned and approved by the Office of Parks and Recreation, in any manner which (a) creates loud, excessive or _ unusual noise, (b) is equipped with a muffler from which the baffle plates, screens or other original internal parts have been removed or altered, (c) is equipped with an exhaust system which has been modified in a manner which will increase or amplify the noise emitted by the motor of such snow- ' mobile above that emitted by the exhaust system originally installed on the snowmobile, or (d) is equipped with no muffler. Section 6. Liability of Town; Notice. No civil action shall be maintained against the town for damages or injuries to person or property sustained in • consequence of any street, highway, public way, roadway, shoulder, outside • slope, inside bank or any other area, whether the same be paved or unpaved or plowed or unplowed, or on public lands other than roads, where operation of a snowmobile is permitted pursuant to this local law,'?eing out of repair, obstructed, unsafe or dangerous unless it appears that prior written notice of the defective, unsafe or dangerous condition was actuajly given to the town or its hereinafter specified officer or employee and there was a failure f !1 1 10. ;i . or neglect within a reasonable time after the giving of such notice to repair or remove the defect or danger complained of, or the place otherwise made reasonably safe. The written notice aforesaid shall be given to the Town Clerk who shall make and keep an indexed record in a separate book of all such written notices which have been so received, which record shall state the date of receipt of the notice, the nature and location of the • condition or defect stated to exist, and the name and address of the person from whom the notice was received. Section 7. Violations. Failure to comply with any of the provisions of this local law shall be deemed a violation and the violator shall be liable to a fine of not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00). Section 8. Validity. If any section, sub-section, paragraph, clause, sentence of phrase of this Local Law is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall • be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. Section 9, Effective Date. This Local Law shall be effective upon adoption. • • • • • kl • •