HomeMy WebLinkAbout2007-02-13 - TB TOWN OF ULYSSES
REGULAR TOWN BOARD METING
FEBRUARY 13 , 2007
Present : . Supervisor Douglas Austic ; Town Council Roxanne Marino , Don Ellis , Rod
Ferrentino and Lucia Tyler; Town Clerk Marsha L . Georgia; Deputy Supervisor Richard
Coogan; Town Highway Superintendent James Meeker.
Others Present : Alex Rachun Code Enforcement Officer; Sue Poelvoorde Chair of the
Comprehensive Plan Committee ; Bill Chaisson Free Press Reporter; Jim Dennis
Representative Tompkins County Legislature and Juraj Gavurnik .
Supervisor Austic called the meeting to order at 7 : 30 PM and led those assembled in the
pledge of Allegiance to the Flag of the United States of America.
APPROVAL OF MINUTES 1 /9/07 RTB & STB 1 /22/07
After discussion about the minutes and minor changes and corrections made by Ms .
Marino and Ms . Tyler Mr. Austic moved, seconded by Mr. Ferrentino the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
minutes of the Regular Town Board Meeting of January 9, 2007 and the Special
Town Board Meeting of January 22 , 2007 as corrected .
APPROVAL OF CLAIMS
Mr. Ellis moved, seconded by Mr. Ferrentino the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
previous examined voucher # ' s 21 through 72 in the amount of $45 , 926 . 23
Mr. Austic aye
Mr. Ferrentino aye
Ms . Tyler aye
Mr. Ellis aye
Ms . Marino aye
Adopted .
REPORTS OF REPRESENTATIVES
Tompkins County Board of Representative Jim Dennis reported that the County has
planned a community budget forum . The one for Ulysses, Enfield, Newfield and Danby
will be held March 101", 2007 at 910 am until 12 : 30 PM (Saturday) at the Enfield
Elementary School . Mr. Dennis said the program format is a presentation, then an
opportunity for questions followed by small group discussions . This is an education
adventure where the County is hoping to explain how the County spends the money for
the local share and mandated programs .
Mr. Dennis reported that there has been a second meeting of the County Health
Department Building Committee that will pick a site for a location of a new Health
Department and the design will be done in 2007 .
Mr. Dennis said the County Legislature gives a distinguished youth award every month.
This months recipient of the award is Ben Dodge ; a young man who volunteers at the
Trumansburg Fire Department.
Mr. Dennis asked the Board to consider making some determination on the exemption for
veterans .
Regular Towii Board Meeting 2
02/ 13/2007
Mr. Ellis asked regarding the building site location for the Health Department if it would
be a good idea for the Board to write a letter of support for the site nearest to Ulysses, if
the Board was so inclined.
Mr. Dennis said that would be great and send it to the County Health Department
Building Committee which Frank Proto is the Chair.
The Board added the Veterans Exemption to the agenda under other.
Trumansburg Fire Department — Ms . Tyler read the Fire Report into the record as
follows :
• 7 fire and rescue calls for Ulysses — 18 total
• 23 ambulance calls Ulysses — 47 total
• 597 hours in training
• 187 . 3 service hours — total 784 . 3
Ms . Tyler said that she has been requested by the Fire Department and the Village Fire
Commissioner, Rose Hilbert to ask the Town Board to consider an additional amount of
money to cover payroll cost that the Fire Department may occur by hiring a couple of
EMT's at a hirer rate of pay than was put into the Fire Budget .
Mr. Austic stated that the Town has a contract that has been signed and the taxes have
been raised . It is not a good time to come and ask for additional monies .
Ms . Tyler also ; said that the Fire Department needs some legal work done which was not
budgeted for and this is to bring them into compliance with the new New York State
regulations and also some older laws that they are not in compliance with. This would
give the Fire Department a secure legal basis and reduce their liability so they are asking
the Town to contribute for the unexpected costs .
Ms . Tyler moved that the Town of Ulysses cover the payroll debt and legal fees of the
Trumansburg Fire Department proportionate to the Town ' s use .
Ms . Marino seconded the motion for discussion. Ms . Marino asked when the Village
would need this .
Ms . Tyler said that they want the Town to commit to it because their budget year is
different.
Mr. Austic says that does not make any difference because the contract with the Fire
Department and the Town is for one year from January 1St to December 31st. The Town
raised tax money to pay that contract and there is no way to get more money to pay the
extra cost.
Mr. Ferrentino agrees with Mr. Austic and why all of a sudden are they coming forward
and asking for these funds, they should have it in their contingency fund .
Mr. Ferrentino asked if this came from the Village or the Fire Chief
Ms . Tyler said that this came from both . Ms . Tyler asked Chief Fulton if he wanted her
to present at tonight ' s meeting and he said yes . So Ms . Tyler said it did not come from
just the Village .
Mr. Austic asked if it came from the Village at all .
Ms . Tyler said she spoke with Chief Fulton and the Village Fire Commissioner, Rose
Hilbert about this .
Ms . Tyler feels that it is reasonable for the Town to make some contribution.
Regular Town Board Meeting 3
02/ 13/2007
Mr. Ellis said he feels the way it is presented is sort of bad and there should be a
contingency in their budget for these sorts of things .
Ms . Marino moved to table this resolution, pending more detailed information from the
Village, seconded by Mr. Austic .
Mr. Austic aye
Mr. Ferrentino aye
Ms . Tyler aye
Mr. Ellis aye
Ms . Marino aye
Adopted.
PLANNING BOARD REPORT — Mr. Rachun reported that the Planning Board is
reviewing two Site Plans . The Ithaca Mill Work building has been sold to a wholesale
distributor and some minor items need to be reviewed along with a Site Plan for where
Sleeping Bear Futons was, that is now a Montessori DayCare Center.
COMPREHENSIVE PLAN — Ms . Poelvoorde reported that the committee has been
working mostly over the past four months on getting the questions formatted and getting
the information that the committee is looking for on the survey covering housing,
transportation, environment and all of the topics that were covered in the comprehensive
plan. For the most part the survey has been finalized except for some wording on the
agriculture section. For this section they are checking with Monica Roth to make sure
they are getting the questions worded so that people understand what it is they are asking
for. In March the Cornell Survey Center will format the survey in a form to be printed,
and hopefully we will get it mailed out. At the Committee ' s February 27th meeting they
will be talking about the scope of services that they would like to have a consultant do .
Also gather current stats on the Town population, housing and all that. Ms . Poelvoorde
sees reaching out to the Towns neighbors, Towns of Hector and Covert . Ms . Poelvoorde
also read in the newspaper that the Town of Ithaca will be re-visiting their
Comprehensive Plan so Ulysses will want to talk with them . Ms . Poelvoorde will
provide a copy of the revised survey to the Board .
BLACK DIAMOND TRAIL — Ms . Poelvoorde reported that the Parks had a meeting
with Tompkins County Planning, the Department of Public Works, Superintendent of the
County Highway Department and Ithaca Tompkins County Transportation Council and
that meeting was to clear up when the County offered up help to the State Park to get the
corridor open and usable. At this present time that has been put on hold because the
agency wants to finish the Master Plan and the Environmental Impact Statement process
for the Black Diamond Trail so the State Park will keep the County informed and may
have them come back to talk about this help late fall or early winter next year.
Ms . Poelvoorde said that Ulysses is a small Town with a small crew and there may be
other ways to help out such as storing lime stone dust or the use of a truck. Ms .
Poelvoorde will advise when the project gets closer.
PUBLIC PRIVILEDGE OF THE FLOOR — No one in attendance wished to speak.
TOWN REPORTS
Highway Superintendent James Meeker reported the following :
• General maintenance on trucks, spreaders and plow trucks .
• New radiator for the 1996 Ford One-Ton truck
• New rear brakes & rotors for the F550
• Busy month plowing and salting, lots of wind causing drifts and very old
• No fuel problems
F
i 1
Regular TowniBoard Meeting 4
02/ 13/2007
Code Enforcement Office Alex Rachun reports there were no building permits issued
last month and he is spending his time doing fire inspections and inspections of multi
units . .
Town Clerk Marsha L. Georgia report that a total of $ 802 of which $ 597 was turned
over to the Supervisor along with her monthly report and no fees taken in for Plumbing
Permits . Total collected in 2007 taxes to date is $3 , 116 , 152 . The 1st installments were
turned over to Tompkins County Budget and Finance on Monday and around 238
residents took advantage of the installment option. $9 , 382 for the service charge on the ,
installments was paid to the County and also $2 , 100,000 on the warrant. Only $ 378 , 000
left to collect for 2007 .
Board Members and Committees
Ms. Tyler moved, seconded by Mr. Ellis the following :
BE IT (RESOLVED by the Town Board to remove 9C from tonight ' s agenda
because there is no new information on that .
Mr. Austic said it was not the point that there is no new information and asked what new
information would she like .
Ms . Tyler said the Board wants information from Eric Pond.
Mr. Austic said the information they are waiting for from Eric Pond does not have any
thing to do with Water District #5 .
Mr. Austic cabled the vote .
Mr. Austic nay
Mr. Ellis aye 1
Ms . Tyler aye 9'
Ms . Marino aye
Mr. Ferrentino nay
Adopted .
Ms . Marino reported that she had attended the Ulysses Youth committee meeting on
February 6th and reported the status of the Recreation Partnership Board. Ms . Marino also
reported a Planning Retreat on February 28th will be held to set the goals for the next few
months of the ' evaluation of the partnership programming and cost structure . Ms . Marino
said that at the Ulysses Youth Commission meeting she raised the resolution that the
Town Board passed in September to form a committee to gather information on youth
recreation and enrichment program options and needs in Ulysses to help form a decision
on whether the Town and Village would continue to participate in the Recreation
Partnership past this year. The Youth Commission was supportive of such a process and
felt it would be a good place to share all of the information with the community and get
feed back from the parents of children of all ages with regards to what kind of recreation
programs they like and what their satisfaction is with the existing offerings .
Ms . Marino said that the County Youth staff will assist by providing background
information and by holding community forums .
Ms . Marino said that the Youth Commission passed a resolution in support of forming a
working group of people ; tentatively seven to nine people with at least four from the
Youth Commission, and looking to include the Town and Village Board representatives
as well as parents of different age children in the Town and including at least one or two
representatives or parents who live in the Ithaca City School District. We are working
now on finding interested individuals to move this forward.
Supervisor Austic asked if everyone had their operating statement and the information
on the fund balances . Mr. Austic also announced that the Annual Financial Audit is
z
4
i
•
Regular Town Board Meeting 5
02/ 13/2007
complete and he will be sending it to the State next week. It is available for review and is
on file in the Clerks ' office .
Mr . Austic said the Board also has his recommendations to set up a couple of reserves
with the fund balances and use some of the money to fund those.
The Board discussed the different fund balances after the closing of the 2006 budget.
Mr. Austic stated that the Board should keep it in their minds for the next budget that
• since the Town of Ulysses took all of the sales tax for 2007 the County rate for the Town
of Ulysses went up by $ . 90 therefore this fall the Town should be able to be responsible
enough to use the fund balance, to use the sales tax to get the Town of Ulysses tax down
by $ . 90 .
Deputy Supervisor Richard Coogan reported that he had gotten together with Ms .
Marino and discussed making up folders with information trying to both organize and
reduce the amount of paper Board members are receiving. The folders would hold
information on things like the Health Department reports that get sent on the water
districts, the Shared Service Grant, building reports, water testing reports etc . (Ms .
Marino said she would like to put this idea on the agenda for the next meeting) .
Mr. Coogan said that the Stormwater Committee is getting ready to start the annual report
and this year it will be difficult and this will be the last annual report before the Town
becomes fully responsible for the regulations of Stoiinwater so they are looking for a lot
of movement towards becoming fully regulated.
Mr. Coogan received a note from Kate Hacket to see if there would be any interest in the
County Planning holding a joint informational meeting with the Town and Village where
there would be a presentation on the aquifer study being done by USGF and the County.
The last thing Mr. Coogan reported that he has been elected Chair of the Tompkins
county Planning Advisory Board.
Mr. Ellis would like Mr. Coogan to look into several things for the Board relative to
Water District #5 :
• Investigate the impact of the proposed district on development
• What is the financial shape in relationship to persons that live in the
Village, live in the extended Village water, and everybody else who has a
financial impact — set up a model
Ms . Marino said she would be interested in having an informational meeting with the
Village about the aquifer.
Ms . Marino asked about the transportation study.
Mr. Coogan said that it will move forward and will report on when more information is
available .
OLD BUSINESS
Action on Stormwater Law
Mr. Austic moved, seconded by Mr. Ferrentino the following :
Whereas : NYSDEC has designated sections of The Town of Ulysses to be classified as
a Municipal Separate Stormwater Sewer Systems (MS4) area, and has also established
that such MS4 municipalities are required to enact a Local Law governing Stormwater
management and erosion control practices within the municipality, and
Regular Town Board Meeting 6
02/ 13 /2007
Whereas : Thei Town of Ulysses Town Board duly appointed a committee to review and
make recommendations for such a law, and that the committee recommended that the
Model Stormwater Law provided by NYSDEC fits the needs of the town at this time, and
Whereas : The Model Law was presented to the public at a duly advertised public hearing
at the Ulysses Town Hall on January 9th at 7 : PM and there were no opposing comments
about the Model Law at that public hearing as noted in the minutes of the hearing,
Now Therefore it be Resolved that : The Ulysses Town Board enacts Local Law # 01 of
2007 to incorporate the requirements for MS4 communities to s establish requirements
governing Stormwater management and erosion and sediment control procedures for the
community.
•
Ms . Marino has questions and feels the Board never discussed the wording of the Law ,
and she had some questions she would like to raise before voting on the law .
Mr. Austic aye
Mr. Ferrentino aye
Mr. Ellis nay
Ms . Marino nay
Ms . Tyler nay
Defeated. Ms. Marino said she would bring her questions to March 13 , 2007 Town
Board meeting, for discussion and vote on the law .
Approval of SMSI Grant Initial Funding
Mr. Austic moved, seconded by Mr. Ferrentino the following :
SMSI GRANT AUTHROIZATION
Whereas the Town of Ulysses has accepted the grant award of $45 , 540 . 00 as
per award letter of December 29, 2006 to work cooperatively with the Towns of
Carol me and Newfield to investigate the possibility of establishing a shared
Stormwater Enforcement Officer to potentially decrease the cost of the expense to
each town, and
Whereas the mode of funding claims for the SMSI grant has been changed for
the 2907 year by not awarding any up-front money to pay expenses until
reimbursement claims are received, and
Whereas there is a need to have money available to pay expenses as they
incurred and before reimbursements are received by the administrator town, the
Town of Ulysses .
Now Therefore it be Resolved that the Town of Ulysses make available as
needed up to $ 10, 000 to be used to pay accrued expenses of the SMSI grant
process . Be it further resolved that when the expense reimbursements are
received that the Town of Ulysses up-front money will be paid back to the Town .
Mr. Austic aye
Mr. Ferrentino aye
Ms . Tyler aye
Mr. Ellis aye
Ms . Marino aye
Adopted.
A new line in the B Fund (8025) to cover this will be established. The Board decided to
use unallocated fund balance in the B fund as a revenue to balance the addition until . The
up-front money is paid back.
Regular Town Board Meeting 7
02/ 13/2007
Association of Towns Resolutions
The Resolutions were previously read by the Board .
Ms . Tyler moved, seconded by Mr. Austic the following :
Be It Resolved by the Town Board of the Town of Ulysses to except all the
resolutions presented by the Association of Towns and Mr. Coogan the Towns
representative at the Associations Annual meeting will forward the vote .
Mr. Austic aye
Mr. Ferrentino aye
Ms . Tyler aye
Mr. Ellis aye
Ms . Marino aye
Adopted .
Rules and Procedures
Mr. Ellis moved, seconded my Ms . Tyler the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the
last edited version of the Rules and Procedures email to the Board from Ms .
Marino on February 13th, 2007 .
Mr. Austic said that he has a couple of things that he does not agree with in the
document; one is the seating arrangement that he objected to earlier at the other meetings
and two that a majority of the Board can determine if someone is out of order and be
disruptive. Mr. Austic feels that should be a supermajority.
Ms . Marino said that in Roberts Rules it is a majority.
Mr. Ellis feels that is reasonable .
The vote to adopt the Rules and Procedure document has to be a supermajority.
Mr. Ellis wanted to talk about Mr. Austic ' s other point about the seating and, asked Mr.
Austic if he thinks the seating works .
Mr. Austic said yes — if the three Board members that are concerned would sit on the
same side they could see each other.
Ms. Tyler said it does not work for discussion because Board members can not make eye
contact and read the body language .
Mr. Austic called the vote .
Mr. Austic nay
Mr. Ellis aye
Ms . Marino aye
Ms . Tyler aye
Mr. Ferrentino nay
Defeated .
Veterans Exemption
Mr. Austic moved, seconded by Mr. Ferrentino the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses adopt the
Veterans Alternative Exemption proposed by the County for the year 2008 .
Regular Town Board Meeting 8
02/ 13/2007
Mr. Austic aye
Mr. Ferrentino aye
Ms . Tyler abstained
Mr. Ellis abstained
Ms . Marino aye
Adopted .
Ms . Marino moved, seconded by Ms . Tyler the following :
BE IT 'RESOLVED that the Town Board of the Town of Ulysses operated under
Roberts Rules of Order procedures until we can get other ones passed .
Mr. Austic aye
Mr. Ferrentino nay
Ms . Tyler aye
Mr. Ellis aye
Ms . Marino aye
Adopted .
NEW BUSINiESS
Action on Local Law #2 of 2007
This Law will now become Local Law # 1 because the previous Local Law did not pass .
Mr. Austic moved, seconded by Mr. Ferrentino the following :
Whereas : The New York State Department of State requires that every
municipality in the state who enforces the NYS Uniform Code enact a local law
governing the implementation and enforcement of the I\YS Uniform Code, and
Whereas : NYDOS has provided municipalities with a model local law providing
for such enforcement, and
Whereas : The Attorney for the Town has reviewed the model law and has made
suggestions which were incorporated into the state ' s model to suite the needs of
the Town of Ulysses , and
Whereas : A public hearing on the model law was duly advertised and held at the
Ulysses Town Hall on February 13 at 7 : 15 PM, and hearing no substantial
objections to the modified NYS model local law,
Now Therefore it be Resolved That : The Town of Ulysses Town Board does
herby 'enact Local Law # 1 of 2007 to provide for the enforcement of the NYS
Uniform Fire Prevention and Building code as hereby presented with specific
modifications for the Town of Ulysses .
A LOCAL LAW PROVIDING FOR THE
ADMINISTRATION AND ENFORCEMENT OF THE
NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING
CODE
Local Law # 1 of 2007 .
Be it enacted Iby the Town Board of the Town of Ulysses, in the County of Tompkins, as
follows :
Regular Town Board Meeting 9
02/ 13/2007
SECTION 1 . PURPOSE AND INTENT
This local law provides for the administration and enforcement of the New York
State Uniform Fire Prevention and Building Code (the Uniform Code) and the State
Energy Conservation Construction Code (the Energy Code) in this Town. This local law
is adopted pursuant to section 10 of the Municipal Home Rule Law . Except as otherwise
provided in the Uniform Code, other state law, or other section of this local law, all
buildings, structures, and premises , regardless of use or occupancy, are subject to the
provisions this local law . In addition, this local law supersedes and revokes all of the
provisions of Local Law # 2 of 1985 .
SECTION 2 . DEFINITIONS
In this local law :
"Building Permit" shall mean a permit issued pursuant to section 4 of this local law . The
term "Building Permit" shall also include a Building Permit which is renewed, amended
or extended pursuant to any provision of this local law .
` Certificate of Occupancy" shall mean a certificate issued pursuant to subdivision (b) of
section 7 of this local law . Such a Certificate shall be issued by the Code Enforcement
Officer and generally shall be issued to certify that all work completed on a new building
has been completed as per the plans submitted and is compliant with all of the
requirements of the Uniform Code and any other applicable rules and regulations , or is
suitable for compliance for the occupancy for which the certificate is issued .
"Certificate of Compliance" shall mean a certificate issued pursuant to subdivision (b) of
section 7 of this local law . The Certificate of Compliance shall be issued by the Code
Enforcement officer generally for the purpose of certifying that all work completed on
existing buildings and new buildings and structures not containing habitable space is as
per the plans submitted and is in compliance with the requirements of the Uniform Code
and all other applicable rules and regulations .
"Code Enforcement Officer" shall mean the Code Enforcement Officer appointed
pursuant to subdivision (b) of section 3 of this local law .
"Code Enforcement Personnel" shall include the Code Enforcement Officer and all
Inspectors .
"Compliance Order" shall mean an order issued by the Code Enforcement Officer
pursuant to subdivision (a) of section 15 of this local law .
"Energy Code" shall mean the State Energy Conservation Construction Code, as
currently in effect and as hereafter amended from time to time .
"Inspector" shall mean an inspector appointed pursuant to subdivision (d) of section 4 of
this local law .
"Operating Permit" shall mean a permit issued pursuant to section 10 of this local law .
The term "Operating Permit" shall also include an Operating Permit which is renewed,
amended or extended pursuant to any provision of this local law .
"Permit Holder" shall mean the Person to whom a Building Permit has been issued.
"Person" shall include an individual , corporation, limited liability company, partnership ,
limited partnership , business trust, estate, trust, association , or any other legal or
commercial entity of any kind or description .
"Stop Work Order" shall mean an order issued pursuant to section 6 of this local law .
Regular Town ,Board Meeting 10
02/ 13/2007
"Temporary Certificate" shall mean a certificate issued pursuant to subdivision (d) of
section 7 of this local law .
"Town" shall mean the Town of Ulysses .
"Uniform Code" shall mean the New York State Uniform Fire Prevention and Building
Code, as currently in effect and as hereafter amended from time to time .
SECTION 3 . ,CODE ENFORCEMENT OFFICER AND INSPECTORS
(a) The office of Code Enforcement Officer is hereby created . The Code
Enforcement 0 fficer shall administer and enforce all the provisions of the Uniform Code,
the Energy Code and this local law . The Code Enforcement Officer shall have the
following powers and duties :
( 1 ) to receive, review, and approve or disapprove applications for Building
Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates
and Operating Permits , and the plans, specifications and construction documents
submitted with such applications ;
(2) upon approval of such applications, to issue Building Permits,
Certificates of Occupancy, Certificates of Compliance, Temporary Certificates and
Operating Permits, and to include in Building Permits , Certificates of Occupancy,
Certificates of Compliance, Temporary Certificates and Operating Permits such terms
and conditions as the Code Enforcement Officer may determine to be appropriate;
(3 ) to conduct construction inspections, inspections to be made prior to the
issuance of Certificates of Occupancy, Certificates of Compliance, Temporary
Certificates and Operating Permits, fire safety and property maintenance inspections,
inspections incidental to the investigation of complaints, and all other inspections
required or permitted under any provision of this local law ;
(4) to issue Stop Work Orders ;
(5) to review and investigate complaints ;
(6) to issue orders pursuant to subdivision (a) of section 15 (Violations) of
this local law ;
(7) to maintain records ;
(8) to collect fees as set by the town Board of this Town ;
(9) to pursue administrative enforcement actions and proceedings ;
( 10) in consultation with this Town 's attorney, to pursue such legal
actions and proceedings as may be necessary to enforce the Uniform
Code, the Energy Code and this local law, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code or this local
law ; and
( 11 ) to exercise all other powers and fulfill all other duties conferred upon
the Code Enforcement Officer by this local law .
(b) The Code Enforcement Officer shall be appointed by the Town Board . The
Code Enforcement Officer shall possess background experience related to
building construction and/or fire prevention and shall, within the time prescribed
by law, obtain such basic training, in-service training, advanced in- service
training and other training as the State of New York shall require for code
enforcement personnel, and the Code Enforcement Officer shall obtain
Regular Town Board Meeting 11
02/ 13/2007
certification from the State Fire Administrator pursuant to the Executive Law and
the regulations promulgated there under.
(c) In the event that the Code Enforcement Officer is unable to serve as such for
any reason, an individual shall be appointed by the Town Board to serve as
Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall ,
during the term of his or her appointment, exercise all powers and fulfill all duties
conferred upon the Code Enforcement Officer by this local law .
(d) One or more Inspectors may be appointed the Code Enforcement Officer to
act under the supervision and direction of the Code Enforcement Officer and to
assist the Code Enforcement Officer in the exercise of the powers and fulfillment
of the duties conferred upon the Code Enforcement Officer by this local law . Each
Inspector shall, within the time prescribed by law , obtain such basic training, in-
service training, advanced in- service training and other training as the State of
New York shall require for code enforcement personnel, and each Inspector shall
obtain certification from the State Fire Administrator pursuant to the Executive
Law and the regulations promulgated there under.
(e) The compensation for the Code Enforcement Officer and Inspectors shall be
fixed from time to time by the Town Board of this Town.
SECTION 4. BUILDING PERMITS .
(a) Building Permits Required . Except as otherwise provided in subdivision (b) of
this section, a Building Permit shall be required for any work which must conform
to the Uniform Code and/or the Energy Code, including, but not limited to, the
construction, enlargement, alteration, improvement, removal, relocation or
demolition of any building or structure or any portion thereof, and the installation
of a solid fuel burning heating appliance, chimney or flue in any dwelling unit . No
Person shall commence any work for which a Building Permit is required without
first having obtained a Building Permit from the Code Enforcement Officer.
(b) Exemptions . No Building Permit shall be required for work in any of the
following categories :
( 1 ) construction or installation of one story detached structures associated
with one- or two-family dwellings or multiple single- family dwellings
(townhouses) which are used for tool and storage sheds , playhouses or similar
uses, provided the gross floor area does not exceed 144 square feet ( 13 . 88 square
meters) ;
(2) installation of swings and other playground equipment associated with
a one- or two - family dwelling or multiple single-family dwellings (townhouses) ;
(3 ) installation of swimming pools associated with a one- or two-family
dwelling or multiple single-family dwellings (townhouses) where such pools are
designed for a water depth of less than 24 inches and are installed entirely above
ground ;
(4) installation of fences which are not part of an enclosure surrounding a
swimming pool ;
(5 ) construction of retaining walls unless such walls support a surcharge or
impound Class I, II or IIIA liquids ;
(6) construction of temporary motion picture, television and theater stage
sets and scenery;
(7) installation of window awnings supported by an exterior wall of a one-
or two-family dwelling or multiple single-family dwellings (townhouses) ;
Regular Town Board Meeting 12
02/ 13/2007
(8) installation of partitions or movable cases less than 5 '-9 " in height ;
(9) painting, wallpapering, tiling, carpeting, or other similar finish work;
1( 10) installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances ;
1 ( 11 ) replacement of any equipment provided the replacement does not
alter the equipment ' s listing or render it inconsistent with the equipment ' s original
specifications ; or
( 12) repairs, provided that such repairs do not involve (i) the removal or
cutting away of a load-bearing wall, partition, or portion thereof, or of any
structural beam or load bearing component; (ii) the removal or change of any
required means of egress, or the rearrangement of parts of a structure in a manner
which affects egress ; (iii) the enlargement, alteration, replacement or relocation of
any building. system; or (iv) the removal from service of all or part of a fire
protection system for any period of time.
(c) Exemption not deemed authorization to perform non-compliant work. The
exemption from the requirement to obtain a building permit for work in any
category set forth in subdivision (b) of this section shall not be deemed an
authorization for work to be performed in violation of the Uniform Code or the
Energy Code.
(d) Applications for Building Permits . Applications for a Building Permit shall be
made in writing on a form provided by or otherwise acceptable to the Code
Enforcement Officer. The application shall be signed by the owner of the property
where !the work is to be performed or an authorized agent of the owner. The
application shall include such information as the Code Enforcement Officer
deems; to permit a determination by the Code Enforcement Officer that
the intended work complies with all applicable requirements of the Uniform Code
and the Energy Code. The application shall include or be accompanied by the
following information and documentation :
( 1 ) a description of the proposed work;
(2) the tax map number and the street address of the premises where the
work is to be performed;
(3 ) the occupancy classification of any affected building or structure ;
(4) where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(5 ) at least 2 sets of construction documents (drawings and/or
specifications) which (i) define the scope of the proposed work; (ii) are prepared
by a New York State registered architect or licensed professional engineer where
so required by the Education Law ; (iii) indicate with sufficient clarity and detail
the nature and extent of the work proposed ; (iv) substantiate that the proposed
work will comply with the Uniform Code and the Energy Code ; and (v) where
applicable, include a site plan that shows any existing and proposed buildings and
structures on the site, the location of any existing or proposed well or septic
system, the location of the intended work, and the distances between the buildings
and structures and the lot lines .
(e) Construction documents . Construction documents will not be accepted as part
of an application for a Building Permit unless they satisfy the requirements set
forth in paragraph (5 ) of subdivision (d) of this section . Construction documents
which are accepted as part of the application for a Building Permit shall be
Regular Town Board Meeting 13
02/ 13/2007
marked as accepted by the Code Enforcement Officer in writing or by stamp . One
set of the accepted construction documents shall be retained by the Code
Enforcement Officer, and one set of the accepted construction documents shall be
returned to the applicant to be kept at the work site so as to be available for use by
the Code Enforcement Personnel . However, the return of a set of accepted
construction documents to the applicant shall not be construed as authorization to
commence work, nor as an indication that a Building Permit will be issued. Work
shall not be commenced until and unless a Building Permit is issued .
(0 Issuance of Building Permits . An application for a Building Permit shall be
examined to ascertain whether the proposed work is in compliance with the
applicable requirements of the Uniform Code and Energy Code . The Code
Enforcement Officer shall issue a Building Perniit if the proposed work is in
compliance with the applicable requirements of the Uniform Code and Energy
Code .
(g) Building Permits to be displayed. Building permits shall be visibly displayed
at the work site and shall remain visible until the authorized work has been
completed .
(h) Work to be in accordance with construction documents . All work shall be
performed in accordance with the construction documents which were submitted
with and accepted as part of the application for the Building Permit. The Building
Permit shall contain such a directive . The Permit Holder shall immediately notify
the Code Enforcement Officer of any change occurring during the course of the
work . The Building Permit shall contain such a directive . If the Code
Enforcement Officer determines that such change warrants a new or amended
Building Permit, such change shall not be made until and unless a new or
amended Building Permit reflecting such change is issued .
(i) Time limits . Building Permits shall become invalid unless the authorized work
is commenced within 6 months following the date of issuance . Building Permits
shall expire 12 months after the date of issuance . A Building Permit which has
become invalid or which has expired pursuant to this subdivision may be renewed
upon application by the Permit Holder, payment of the applicable fee, and
approval of the application by the Code Enforcement Officer.
(j ) Revocation or suspension of Building Permits . If the Code Enforcement
Officer determines that a Building Permit was issued in error because of incorrect,
inaccurate or incomplete information , or that the work for which a Building
Permit was issued violates the Uniform Code or the Energy Code, the Code
Enforcement Officer shall revoke the Building Permit or suspend the Building
Permit until such time as the Permit Holder demonstrates that ( 1 ) all work then
completed is in compliance with all applicable provisions of the Uniform Code
and the Energy Code and (2) all work then proposed to be performed shall be in
compliance with all applicable provisions of the Uniform Code and the Energy
Code .
(k) Fee. The fee specified in or determined in accordance with the provisions set
forth in section 16 (Fees) of this local law must be paid at the time of submission
of an application for a Building Permit, for an amended Building Permit, or for
renewal of a Building Permit .
SECTION 5. CONSTRUCTION INSPECTIONS .
(a) Work to remain accessible and exposed . Work shall remain accessible and
exposed until inspected and accepted by the Code Enforcement Officer or by an
Inspector authorized by the Code Enforcement Officer. The Permit Holder shall
notify the Code Enforcement Officer when any element of work described in
subdivision (b) of this section is ready for inspection.
Regular Town Board Meeting 14
02/ 13/2007
(b) Elements of work to be inspected . The following elements of the construction
process shall be inspected made, where applicable :
( 1 ) work site prior to the issuance of a Building Permit ;
(2) footing and foundation;
(3 ) preparation for concrete slab ;
(4) framing ;
(5 ) building systems, including underground and rough-in;
(6) fire resistant construction;
(7) fire resistant penetrations ;
(8) solid fuel burning heating appliances, chimneys, flues or gas vents ;
(9) Energy Code compliance ; and
( 10) a final inspection after all work authorized by the Building Permit has
been completed .
(c) Inspection results . After inspection, the work or a portion thereof shall be
noted as satisfactory as completed, or the Permit Holder shall be notified as to
where the work fails to comply with the Uniform Code or Energy Code . Work not
in compliance with any applicable provision of the Uniform Code or Energy Code
shall remain exposed until such work shall have been brought into compliance
with all applicable provisions of the Uniform Code and the Energy Code, re-
inspected, and found satisfactory as completed .
(d) Fee . The fee specified in or determined in accordance with the provisions set
forth in section 16 (Fees) of this local law must be paid prior to or at the time of
each inspection performed pursuant to this section .
SECTION 6 . STOP WORK ORDERS .
(a) Authority to issue . The Code Enforcement Officer is authorized to issue Stop
Work Orders pursuant to this section. The Code Enforcement Officer shall issue a
Stop Work Order to halt :
( 1 ) any work that is determined by the Code Enforcement Officer to be
contrary to any applicable provision of the Uniform Code or Energy Code,
without regard to whether such work is or is not work for which a Building Permit
is required, and without regard to whether a Building Permit has or has not been
issued for such work, or
(2) any work that is being conducted in a dangerous or unsafe manner in
the opinion of the Code Enforcement Officer, without regard to whether such
work is or is not work for which a Building Permit is required, and without regard
to whether a Building Permit has or has not been issued for such work, or
(3 ) any work for which a Building Permit is required which is being
performed without the required Building Permit, or under a Building Permit that
has become invalid, has expired, or has been suspended or revoked .
(b) Content of Stop Work Orders . Stop Work Orders shall ( 1 ) be in writing, (2) be
dated and signed by the Code Enforcement Officer, (3 ) state the reason or reasons
for issuance, and (4) if applicable, state the conditions which must be satisfied
before work will be permitted to resume.
Regular Town Board Meeting 15
02/ 13/2007
(c) Service of Stop Work Orders . The Code Enforcement Officer shall cause the
Stop Work Order, or a copy thereof, to be served on the owner of the affected
property (and, if the owner is not the Permit Holder, on the Permit Holder)
personally or by certified mail . The Code Enforcement Officer shall be permitted,
but not required, to cause the Stop Work Order, or a copy thereof, to be served on
any builder, architect, tenant, contractor, subcontractor, construction
superintendent, or their agents, or any other Person taking part or assisting in
work affected by the Stop Work Order, personally or by certified mail ; provided,
however, that failure to serve any Person mentioned in this sentence shall not
affect the efficacy of the Stop Work Order.
(d) Effect of Stop Work Order. Upon the issuance of a Stop Work Order, the
owner of the affected property, the Permit Holder and any other Person
performing, taking part in or assisting in the work shall immediately cease all
work which is the subject of the Stop Work Order.
(e) Remedy not exclusive . The issuance of a Stop Work Order shall not be the
exclusive remedy available to address any event described in subdivision (a) of
this section, and the authority to issue a Stop Work Order shall be in addition to ,
and not in substitution for or limitation of, the right and authority to pursue any
other remedy or impose any other penalty under section 15 (Violations) of this
local law or under any other applicable local law or State law . Any such other
remedy or penalty may be pursued at any time, whether prior to, at the time of or
after the issuance of a Stop Work Order.
SECTION 7. CERTIFICATES OF OCCUPANCY / CERTIFICATES OF
COMPLIANCE
(a) Certificates of Occupancy required. A Certificate of Occupancy shall be
required for any work which is the subject of a Building Permit and for all
structures, buildings, or portions thereof, which are converted from one use or
occupancy classification or sub-classification to another. Permission to use or
occupy a building or structure, or portion thereof, for which a Building Permit
was previously issued shall be granted only by issuance of a Certificate of
Occupancy.
(b) Issuance of Certificates of Occupancy or Certificates of Compliance. The
Code Enforcement Officer shall issue a Certificate of Occupancy or a Certificate
of Compliance if the work which was the subject of the Building Permit was
completed in accordance with all applicable provisions of the Uniform Code and
Energy Code and, if applicable, that the structure, building or portion thereof that
was converted from one use or occupancy classification or sub-classification to
another complies with all applicable provisions of the Uniform Code and Energy
Code . The Code Enforcement Officer or an Inspector authorized by the Code
Enforcement Officer shall inspect the building, structure or work prior to the
issuance of a Certificate of Occupancy or Certificate of Compliance . In addition,
where applicable, the following documents, prepared in accordance with the
provisions of the Uniform Code by such person or persons as may be designated
by or otherwise acceptable to the Code Enforcement Officer, at the expense of the
applicant for the Certificate of Occupancy or Certificate of Compliance shall be
provided to the Code Enforcement Officer prior to the issuance of the Certificate. :
( 1 ) a written statement of structural observations and/or a final report of
special inspections, and
(2) flood hazard certifications .
(c) Contents of Certificates of Occupancy or Certificates of Compliance . A
Certificate of Occupancy or Certificate of compliance shall contain the following
information :
Regular Town Board Meeting 16
02/ 13/2007
0 ) the Building Permit number, if any;
,(2) the date of issuance of the Building Permit, if any;
(3 ) the name, address and tax map number of the property;
(4) if the Certificate of Occupancy or Certificate of Compliance is not
applicable to an entire structure, a description of that portion of the structure for
which t:he Certificate is issued ;
(5 ) the use and occupancy classification of the structure ;
(6) the type of construction of the structure ;
(7) the assembly occupant load of the structure, if any;
(8) if an automatic sprinkler system is provided, a notation as to whether
the sprinkler system is required;
(9) any special conditions imposed in connection with the issuance of the
Building Permit; and
( 10) the signature of the Code Enforcement Officer issuing the Certificate
of Occupancy or Certificate of Compliance and the date of issuance .
(d) Temporary Certificate . The Code Enforcement Officer shall be permitted to
issue a Temporary Certificate allowing the temporary occupancy of a building or
structure, or a portion thereof, prior to completion of the work which is the subject
of a Building Permit. However, in no event shall the Code Enforcement Officer
issue a Temporary Certificate unless the Code Enforcement Officer determines
( 1 ) that the building or structure, or the portion thereof covered by the Temporary
Certificate, may be occupied safely, (2) that any fire- and smoke-detecting or fire
protection equipment which has been installed is operational, and (3 ) that all
required means of egress from the building or structure have been provided . The
Code Enforcement Officer may include in a Temporary Certificate such terms and
conditions as he or she deems necessary or appropriate to ensure safety or to
further the purposes and intent of the Uniform Code. A Temporary Certificate
shall be effective for a period of time, not to exceed 6 months, which shall be
determined by the Code Enforcement Officer and specified in the Temporary
Certificate. During the specified period of effectiveness of the Temporary
Certificate, the Permit Holder shall undertake to bring the building or structure
into full compliance with all applicable provisions of the Uniform Code and the
Energy Code .
(e) Revocation or suspension of certificates . If the Code Enforcement Officer
determines that a Certificate of Occupancy, Certificate of Compliance or a
Temporary Certificate was issued in error because of incorrect, inaccurate or
incomplete information, and if the relevant deficiencies are not corrected to the
satisfaction of' the Code Enforcement Officer within such period of time as shall
be specified by the Code Enforcement Officer, the Code Enforcement Officer
shall revoke or suspend such certificate .
(0 Fee . The fee specified in or determined in accordance with the provisions set
forth in section 16 (Fees) of this local law must be paid at the time of submission
of an !application for a Certificate of Occupancy, Certificate of Compliance or for
Temporary Certificate .
SECTION 8 . NOTIFICATION REGARDING FIRE OR EXPLOSION .
The chief of any fire department providing fire fighting services for a property
within this Town shall promptly notify the Code Enforcement Officer of any fire
Regular Town Board Meeting 17
02/ 13/2007
or explosion involving any structural damage, fuel burning appliance, chimney or
gas vent.
SECTION 9. UNSAFE BUILDING AND STRUCTURES
Unsafe structures and equipment in this Town shall be identified and addressed in
accordance with the following procedures :
(a) The reason for the unsafe determination of the building, structure or
equipment shall be made and documented by the Code Enforcement Officer.
(b) The owner of the building, structure or equipment deemed to be unsafe shall
be notified within 48 hours of the determination by Certified mail as to the
specifics of the unsafe determination and notified that the building, structure
or equipment shall not be used until the non-compliant issues are remedied
and re-inspected by the Code Enforcement Personnel making the original
determination.
(c) Failure to remedy the unsafe condition may result in legal actions to enforce
the intent of this law .
SECTION 10. OPERATING PERMITS .
(a) Operation Permits required. Operating Permits shall be required for
conducting the activities or using the categories of buildings listed below :
( 1 ) manufacturing, storing or handling hazardous materials in quantities
exceeding those listed in Tables 2703 . 1 . 1 ( 1 ) , 2703 . 1 . 1 (2) , 2703 . 1 . 1 (3 ) or
2703 . 1 . 1 (4) in the publication entitled "Fire Code of New York State" and
incorporated by reference in 19NYCRR section 1225 . 1 ;
(2) hazardous processes and activities , including but not limited to ,
commercial and industrial operations which produce combustible dust as a
byproduct, fruit and crop ripening, and waste handling;
(3 ) use of pyrotechnic devices in assembly occupancies ;
(4) buildings containing one or more areas of public assembly with an
occupant load of 100 persons or more; and
(5 ) buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted by the
Town Board of this Town .
Any person who proposes to undertake any activity or to operate any type of building
listed in this subdivision (a) shall be required to obtain an Operating Permit prior to
commencing such activity or operation.
(b) Applications for Operating Permits . An application for an Operating Permit
shall be in writing on a form provided by or otherwise acceptable to the Code
Enforcement Officer. Such application shall include such information as the Code
Enforcement Officer deems sufficient to permit a determination by the Code
Enforcement Officer that quantities, materials , and activities conform to the
requirements of the Uniform Code . If the Code Enforcement Officer determines
that tests or reports are necessary to verify conformance, such tests or reports shall
be performed or provided by such person or persons as may be designated by or
otherwise acceptable to the Code Enforcement Officer, at the expense of the
applicant .
(c) Inspections . The Code Enforcement Officer or an Inspector authorized by the
Code Enforcement Officer shall inspect the subject premises prior to the issuance
of an Operating Permit .
Regular Town Board Meeting 18
02/ 13/2007
(d) Multiple Activities . In any circumstance in which more than one activity listed
in subdivision (a) of this section is to be conducted at a location, the Code
Enforcement Officer may require a separate Operating Permit for each such
activity, or the Code Enforcement Officer may, in his or her discretion, issue a
single operating Permit to apply to all such activities .
•
(e) Duration of Operating Permits . Operating permits shall be issued for such
period of time, not to exceed one year in the case of any Operating Permit issued
for an area of public assembly and not to exceed three years in any other case, as
shall be determined by the Code Enforcement Officer to be consistent with local
conditions . The effective period of each Operating Permit shall be specified in the
Operating Permit. An Operating Permit may be reissued or renewed upon
application to the Code Enforcement Officer, payment of the applicable fee, and
approval of such application by the Code Enforcement Officer.
(f) Revocation or suspension of Operating Permits . If the Code Enforcement
Officer determines that any activity or building for which an Operating Permit
was issued does not comply with any applicable provision of the Uniform Code,
such Operating Permit shall be revoked or suspended .
(g) Fee . The fee specified in or determined in accordance with the provisions set
forth in section 16 (Fees) of this local law must be paid at the time submission of
an application for an Operating Permit, for an amended Operating Permit, or for
reissue or renewal of an Operating Permit.
SECTION 111 . FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS
(a) Inspections required. Fire safety and property maintenance inspections of
buildings and structures shall be performed by the Code Enforcement Officer or
an Inspector designated by the Code Enforcement Officer at the following
intervals :
( 1 ) Fire safety and property maintenance inspections of buildings or
structures which contain an area of public assembly shall be performed at least
once every twelve ( 12) months .
(2) Fire safety and property maintenance inspections of buildings or
structures being occupied as dormitories shall be performed at least once every
twelve ( 12) months .
(3 ) Fire safety and property maintenance inspections of all multiple
dwellings not included in paragraphs ( 1 ) or (2) of this subdivision, and all non-
residential buildings, structures, uses and occupancies not included in paragraphs
( 1 ) or (2) of this subdivision, shall be performed at least once every 36 months .
(b) Inspections permitted. In addition to the inspections required by subdivision
(a) of this section, a fire safety and property maintenance inspection of any
building, structure, use, or occupancy, or of any dwelling unit, may also be
performed by the Code Enforcement Officer or an Inspector designated by the
Code Enforcement Officer at any time upon :
( 1 ) the request of the owner of the property to be inspected or an
authorized agent of such owner;
(2) receipt by the Code Enforcement Officer of a written statement
alleging that conditions or activities failing to comply with the Uniform Code or
Energy Code exist; or
(3 ) receipt by the Code Enforcement Officer of any other information,
reasonably believed by the Code Enforcement Officer to be reliable, giving rise to
Regular Town Board Meeting 19
02/ 13/2007
reasonable cause to believe that conditions or activities failing to comply with the
Uniform Code or Energy Code exist;
provided, however, that nothing in this subdivision shall be construed as
permitting- an inspection under any circumstances under which a court order or
warrant permitting such inspection is required, unless such court order or warrant
shall have been obtained.
(c) OFPC Inspections . Nothing in this section or in any other provision of this
local law shall supersede, limit or impair the powers, duties and responsibilities of
the New York State Office of Fire Prevention and Control ("OFPC") and the New
York State Fire Administrator under Executive Law section 156-e and Education
Law section 807-b . Notwithstanding any other provision of this section to the
contrary:
( 1 ) the Code Enforcement Officer shall not perform fire safety and
property maintenance inspections of a building or structure which contains an
area of public assembly if OFPC performs fire safety and property maintenance
inspections of such building or structure at least once every twelve ( 12) months;
(2) the Code Enforcement Officer shall not perform fire safety and
property maintenance inspections of a building or structure occupied as a
dormitory if OFPC performs fire safety and property maintenance inspections of
such building or structure at least once every twelve ( 12) months;
(3 ) the Code Enforcement Officer shall not perform fire safety and
property maintenance inspections of a multiple dwelling not included in
paragraphs ( 1 ) or (2) of subdivision (a) of this section if OFPC performs fire
safety and property maintenance inspections of such multiple dwelling at intervals
not exceeding the interval specified in paragraph (3 ) of subdivision (a) of this
section; and
(4) the Code Enforcement Officer shall not perform fire safety and
property maintenance inspections of a non-residential building, structure, use or
occupancy not included in paragraphs ( 1 ) or (2) of subdivision (a) of this section
if OFPC performs fire safety and property maintenance inspections of such non-
residential building, structure, use or occupancy at intervals not exceeding the
interval specified in paragraph (3 ) of subdivision (a) of this section. ]
(d) Fee. The fee specified in or determined in accordance with the provisions set
forth in section 16 (Fees) of this local law must be paid prior to or at the time each
inspection performed pursuant to this section . This subdivision shall not apply to
inspections performed by OFPC .
SECTION 12 . COMPLAINTS
The Code Enforcement Officer shall review and investigate complaints which
allege or assert the existence of conditions or activities that fail to comply with the
Uniform Code, the Energy Code, this local law, or any other local law, ordinance
or regulation adopted for administration and enforcement of the Uniform Code or
the Energy Code. The process for responding to a complaint shall include such of
the following steps as the Code Enforcement Officer may deem to be appropriate :
(a) performing an inspection of the conditions and/or activities alleged to be in
violation, and documenting the results of such inspection ;
(b) if a violation is found to exist, providing the owner of the affected property
and any other Person who may be responsible for the violation with notice of the
violation and opportunity to abate, correct or cure the violation, or otherwise
proceeding in the manner described in section 15 (Violations) of this local law ;
Regular Town Board Meeting 20
02/ 13 /2007
(c) if appropriate, issuing a Stop Work Order;
(d) if a violation which was found to exist is abated or corrected, performing an
inspection to ensure that the violation has been abated or corrected, preparing a
final written report reflecting such abatement or correction, and filing such report
with the complaint .
SECTION 13 : RECORD KEEPING.
(a) The Code Enforcement Officer shall keep permanent official records of all
transactions and activities conducted by all Code Enforcement Personnel,
including records of:
( 1 ) all applications received, reviewed and approved or denied;
(2) all plans , specifications and construction documents approved;
(3 ) all Building Permits, Certificates of Occupancy, Certificates of
Compliance, Temporary Certificates, Stop Work Orders, and Operating Permits
issued;
(4) all inspections and tests performed;
(5 ) all statements and reports issued;
(6) all complaints received;
(7) all investigations conducted ;
(8) all other features and activities specified in or contemplated by
sections 4 through 12 , inclusive, of this local law, including; and
(9) all fees charged and collected.
(b) All such records shall be public records open f or public inspection ection during
normal business hours . All plans and records pertaining to buildings or structures,
or appurtenances thereto shall be retained for at least the minimum time period so
required by State law and regulation.
SECTION 14. PROGRAM REVIEW AND REPORTING
(a) The Code Enforcement Officer shall annually submit to the Town Board of
this Town a written report and summary of all business conducted by the Code
Enforcement Officer and the Inspectors, including a report and summary of all
transactions and activities described in section 13 (Record Keeping) of this local
law and a report and summary of all appeals or litigation pending or concluded.
(b) The Code Enforcement Officer shall annually submit to the Secretary of State,
on behalf of this Town, on a form prescribed by the Secretary of State, a report of
the activities of this Town relative to administration and enforcement of the
Uniform Code .
n (c) The Code Enforcement Officer shall, upon request of the New York State
Department of State, provide to the New York State Department of State, from
the records and related materials this Town is required to maintain, excerpts,
summaries , tabulations, statistics and other information and accounts of the
4 activities of this Town in connection with administration and enforcement of the
Uniform Code .
SECTION ; 15 : VIOLATIONS
;gl
'3.
f +
}
Regular Town Board Meeting 21
02/ 13 /2007
(a) Compliance Orders . The Code Enforcement Officer is authorized to order in
writing the remedying of any condition or activity found to exist in , on or about
any building, structure, or premises in violation of the Uniform Code, the Energy
Code, or this local law. Upon finding that any such condition or activity exists ,
the Code Enforcement Officer shall issue a Compliance Order. The Compliance
Order shall ( 1 ) be in writing; (2) be dated and signed by the Code Enforcement
Officer; (3 ) specify the condition or activity that violates the Uniform Code, the
Energy Code, or this local law ; (4) specify the provision or provisions of the
Uniform Code, the Energy Code, or this local law which is/are violated by the
' specified condition or activity; (5 ) specify the period of time which the Code
Enforcement Officer deems to be reasonably necessary for achieving compliance ;
(6) direct that compliance be achieved within the specified period of time; and (7)
state that an action or proceeding to compel compliance may be instituted if
compliance is not achieved within the specified period of time . The Code
Enforcement Officer shall cause the Compliance Order, or a copy thereof, to be
served on the owner of the affected property personally or by Certified Mail . The
Code Enforcement Officer shall be permitted , but not required, to cause the
Compliance Order, or a copy thereof, to be served on any builder, architect,
tenant, contractor, subcontractor, construction superintendent, or their agents, or
any other Person taking part or assisting in work being performed at the affected
property personally or by Certified Mail ; provided, however, that failure to serve
any Person mentioned in this sentence shall not affect the efficacy of the
Compliance Order.
(b) Appearance Tickets . The Code Enforcement Officer and each Inspector are
authorized to issue appearance tickets for any violation of the Uniform Code .
(c) Civil Penalties . In addition to those penalties proscribed by State law, any
Person who violates any provision of the Uniform Code, the Energy Code or this
local law, or any term or condition of any Building Permit, Certificate of
Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order,
Operating Permit or other notice or order issued by the Code Enforcement Officer
pursuant to any provision of this local law, shall be liable to a civil penalty of not
more than $200 for each day or part thereof during which such violation
continues . The civil penalties provided by this subdivision shall be recoverable in
an action instituted in the name of this Town .
(d) Injunctive Relief An action or proceeding may be instituted in the name of
this Town, in a court of competent jurisdiction, to prevent, restrain, enjoin,
correct, or abate any violation of or to enforce, any provision of the Uniform
Code, the Energy Code, this local law, or any term or condition of any Building
Permit, Certificate of Occupancy, Certificate of Compliance, Temporary
Certificate, Stop Work Order, Operating Permit, Compliance Order, or other
notice or order issued by the Code Enforcement Officer pursuant to any provision
of this local law . In particular, but not by way of limitation, where the
construction or use of a building or structure is in violation of any provision of the
Uniform Code, the Energy Code, this local law, or any Stop Work Order,
Compliance Order or other order obtained under the Uniform Code, the Energy
Code or this local law, an action or proceeding may be commenced in the name of
this Town, in the Supreme Court or in any other court having the requisite
jurisdiction, to obtain an order directing the removal of the building or structure or
an abatement of the condition in violation of such provisions . No action or
proceeding described in this subdivision shall be commenced without the
appropriate authorization from the Town Supervisor of this Town.
(e) Remedies Not Exclusive . No remedy or penalty specified in this section shall
be the exclusive remedy or remedy available to address any violation described in
this section, and each remedy or penalty specified in this section shall be in
addition to, and not in substitution for or limitation of, the other remedies or
penalties specified in this section, in section 6 (Stop Work Orders) of this local
law, in any other section of this local law, or in any other applicable law . Any
remedy or penalty specified in this section may be pursued at any time, whether
Regular Town Board Meeting 22
02/ 13/2007
prior to, simultaneously with, or after the pursuit of any other remedy or penalty
specified in this section, in section 6 (Stop Work Orders) of this local law, in any
other section of this local law, or in any other applicable law. In particular, but not
by wayiof limitation, each remedy and penalty specified in this section shall be in
addition to , and not in substitution for or limitation of, the penalties specified in
subdivision (2) of section 382of the Executive Law, and any remedy or penalty
specified in this section may be pursued at any time, whether prior to,
simultaneously with, or after the pursuit of any penalty specified in subdivision
(2) of section 382 of the Executive Law.
SECTION 16 : FEES
A fee schedule shall be established by resolution of the Town Board of this Town.
Such fee schedule may thereafter be amended from time to time by like
resolution. The fees set forth in, or determined in accordance with, such fee
schedule or amended fee schedule shall be charged and collected for the
submission of applications, the issuance of Building Permits , amended Building
Permits, renewed Building Permits, Certificates of Occupancy, Certificates of
Compliance, Temporary Certificates, Operating Permits, fire safety and property
maintenance inspections, and other actions of the Code Enforcement Officer
described in or contemplated by this local law .
SECTION 17 INTERMUNICIPAL AGREEMENTS
The Town Board of this Town may, by resolution, authorize the Town Supervisor
of this 'Town to enter into an agreement, in the name of this Town, with other
governments to carry out the terms of this local law, provided that such agreement
does not violate any provision of the Uniform Code, the Energy Code, Part 1203
of Title 19 of the NYCRR, or any other applicable law .
SECTION 18: PARTIAL INVALIDITY
If any section of this local law shall be held unconstitutional, invalid, or
ineffective, in whole or in part, such determination shall not be deemed to affect,
impair, or invalidate the remainder of this local law .
SECTION 19 . EFFECTIVE DATE
This local law shall take effect immediately upon filing in the office of the New
York State Secretary of State in accordance with section 27 of the Municipal
Home Rule Law.
Mr. Austic aye
Mr. Ferrentino aye
Ms . Tyler aye
Mr. Ellis aye
Ms . Marino aye
Adopted.
y . Public Informational Meetings for IIRG
Mr. Austic stated that there has to be two public informational meetings before April for
the Housing Rehab Grant sponsored by Better Housing.
• 1st meeting February 26th at 6 PM
• 2nd meeting March 20th at 6 : 30 PM
We need to get information to use for advertising.
Emergency Radio Protection Law
E
#
{
I
Regular Town Board Meeting 23
02/ 13 /2007
Mr. Austic moved, seconded by Mr. Ferrentino the following :
LOCAL LAW #2 - 2007
EMERGENCY RADIO COMMUNICATIONS PROTECTION LAW
PURPOSE :
The purpose of this local law is to prevent interference with the countywide public safety
radio communications system which is used by emergency service providers in this
municipality and throughout Tompkins County.
FINDINGS :
1 . Any structure exceeding fifty feet in height above the ground is a potential cause
of interference, interruption or severe degradation of the countywide public safety
radio communications system ;
2 . The public safety communications system was constructed at considerable cost to
taxpayers ;
3 . This municipality has invested funds to provide emergency service workers with
training and communications equipment to enable these emergency service
providers to effectively use the communication system ;
4 . The countywide communications system is crucial to the provision of police, fire,
medical, ambulance and other public services for those who work, reside or own
property in this municipality;
5 . It is imperative that the emergency communications system be protected from
interference, interruption or degradation by the construction or modification of
any buildings or structures within the municipality.
REQUIREMENTS :
A. No person may construct or modify any structure, including but not limited to
any building, silo or windmill, exceeding fifty feet in height above the ground without
following the provisions of this local law ;
B . No persons shall construct or modify any structure unless they submit detailed
design plans for the structure to the municipality. In addition to any other permit or
application fees, a fee of $ 100 must be submitted to the municipality in order to cover the
County's cost of hiring a radio communications expert to determine whether the proposed
new construction is likely to interfere with the countywide radio communications system;
C . In the event of potential interference the applicant shall be notified . If the
applicant wish to proceed with the application they shall be required to pay any additional
costs for the radio communications expert to analyze the potential interference and to
propose appropriate remediation.
D . In the event that the retained radio communications expert determines that the
construction or modification may result in interference, interruption or degradation of the
countywide communication system any approval of the site plan application shall be
conditioned upon the applicant making any and all remedial measures that the expert
determines are needed in order to avoid the interference, interruption or degradation;
E . No permit shall be given and no construction, alteration or modification may I
take place to any such building or structure until the radio communications expert notifies
the municipality that the structure will not interfere with the county-wide radio
communication system .
ENFORCEMENT :
. . a, - - •-_.._-___.__
Regular Town Board Meeting 24
02/ 13/2007
A. The provisions of this local law may be enforced by the Municipality or the
County and shall include, but not be limited to , an injunction or specific performance .
Any person in violation of this local law shall be responsible for all costs and attorney' s
fees incurred by the municipality or the County in enforcing the provisions of this law .
B . The violation of this local law shall constitute an offense, and a person guilty
of such offense may be punished by a fine not exceeding $250 . 00 .
EFFECTIVE DATE :
This local law 'shall become effective upon filing with the Secretary of State .
Mr. Austic aye
Mr. Ferrentino aye
Ms . Tyler aye
Mr. Ellis aye
Ms . Marino aye
Adopted.
Reserve Fund Resolutions .
Tabled until the working session on February 26th
Planning Board Appointment
Mr. Ferrentino moved, seconded by Mr. Austic the following : •
BE ITS RESOLVED that the Town Board of the Town of Ulysses appoint David
Kerness to the Planning Board based on the recommendation from the Planning
Boardlto fill the unexpired term of Margo Chiuten .
Mr. Austic aye
Mr. Ferrentino aye
Ms . Tyler aye
Mr. Ellis aye
Ms . Marino nay
Adopted.
•Comprehensive Plan Committee Appointment
Ms . Marino moved, seconded by Mr. Austic the following :
BE IT RESOLVED that the Town Board of the town of Ulysses appoint Charles
Schlough to the Ulysses Comprehensive Plan Committee.
It was noted that Mr. Schlough lives in the Town of Covert, Seneca County.
It was suggested that someone may challenge the Comprehensive Plan because he is not a
resident. Ms; Marino noted that the Comprehensive Plan Committee is only an advisory
board and the Town Board adopts a Comprehensive Plan.
Mr. Austic nay
Mr. Ferrentino nay
.a
Ms . Tyler nay
Mr. Ellis nay
Ms . Marino aye
Defeated .
Regular Town Board Meeting 25
02/ 13/2007
Items for Agenda for the February 26th Working Session
• Stormwater Law
• Formalizing paper information
• Set meeting for work on Zoning Law
• Reserve Fund Resolutions
• Resolution on Personal Records
Hearing no further information Mr. Ferrentino moved, seconded by Mr. Austic for
adjournment.
Unanimously approved, meeting adjourned at 9 : 30 PM .
Respectfully submitted,
Marsha L. Georgia
Ulysses Town Clerk
MLG : mlg
TOWN OF ULYSSES
PUBLIC HEARING
FEBRUARY 13 , 2007
Present : Supervisor Douglas Austic ; Town Council Roxanne Marino, Don Ellis, Rod
Ferrentino and Lucia Tyler; Town Clerk Marsha L . Georgia; Deputy Supervisor Richard
Coogan.
Others Present : Bill Chaisson Free Press Reporter ; Jim Dennis Representative Tompkins
County Legislature and Juraj Gavurnik .
Supervisor Austic called the Public Hearing to order at 7 : 15 PM on proposed Local Law
Providing for the Administration and Enforcement of the New York State Uniform Fire
Prevention and Building Code .
Proof of Publication was provided .
No one in attendance wished to comment on the Local Law .
Mr. Ellis moved, seconded by Ms . Tyler to close the Public Hearing.
Mr. Austic aye
Mr. Ferrentino aye
Ms . Tyler aye
Mr. Ellis aye
Ms . Marino aye
Adopted.
Public Hearing was closed at 7 : 30 pm .
Respectfully submitted,
Marsha L . Georgia
Ulysses Town Clerk
MLG : mlg