The URL can be used to link to this page

Home My WebLink About2022-12-15TB 12-15-22 Page 1 of 10 TOWN OF DRYDEN TOWN BOARD MEETING December 15, 2022 Zoom Hybrid Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl Loren Sparling, Cl Leonardo Vargas-Mendez (via Zoom) Elected Officials: Bambi L. Avery, Town Clerk Other Town Staff: Ray Burger, Planning Director Cassie Byrnes, Secretary to the Supervisor Supv Leifer called the meeting to order at 6:05 p.m. Board members and the audience recited the pledge of allegiance. TOWN CLERK RESOLUTION #192 (2022) – APPROVE MINUTES Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the minutes of November 3, November 10, and November 17, 2022. 2nd Cl Sparling Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Lamb Yes Supv Leifer Yes Board authorization is needed for postage to mail the 2023 real property tax bills. RESOLUTION #193 (2022) – AUTHORIZE POSTAGE FOR TAX BILLS Cl Lamb offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes postage for mailing the 2023 real property tax bills in an amount not to exceed $3,200.00. 2nd Supv Leifer Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Lamb Yes Supv Leifer Yes Supv Leifer has prepared an information document to be inserted with the tax bills. The board needs to approve the document. RESOLUTION #194 (2022) – AUTHORIZE TAX INSERT Supv Leifer offered the following resolution and asked for its adoption: TB 12-15-22 Page 2 of 10 RESOLVED, that this Town Board hereby approves the attached informational document for mailing with the 2023 real property tax bills. 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Lamb Yes Supv Leifer Yes PRESENTATION Ray Burger explained that Richard Wawak plans to develop 28 units at 1279 Dryden Road. This requires a special use permit because it is a multi-family housing in a mixed-use commercial zone. The project will be presented to the Planning Board next week an d they will pass on their recommendations. Richard Wawak presented his development plan for 1279 Dryden Road. He described other rental projects he owns in the town. He bought the old greenhouse at 1279 Dryden Road next to the Plantation and also the house at 1269 Dryden Road. This project will fit well in the neighborhood. He displayed a model of the project, noting the colors may change. The main part of the building has 16 studios with a loft (600 sq ft total). There will be 12 one-bedroom units. Storage for about 30 bicycles is provided. The footprint of the building is 14000 sq ft, with the parking area it will be 17,000 sq feet. A retention pond will be constructed at the front, near the road. There will be two driveways instead of the existing three driveways. He explained how the house up behind the project will be accessed. R Burger said there is a steep slope, so stormwater will be addressed with a full SWPPP. The preliminary 239 county review had some energy concerns. Mr Wawak explained where he will put solar on the roof of the project. They will not be visible from the road and will be exposed to the south. He has done some calculations and expects the project as constructed will be energy neutral. It is a total electric project, with radiant floor heat, and insulated with spray foam. The Planning Board will review the project next week and send their comments to this board. The board will declare agency for purposes of environmental quality review and a public hearing will be held before this board on January 19, 2022, at 6:05 p.m. RESOLUTION #195 (2022) – 1279 DRYDEN ROAD – INITIAL SEQR CLASSIFICATION, INTENT TO DECLARE LEAD AGENCY, SCHEDULING PUBLIC HEARING Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the Town of Dryden is considering an application for a Special Use Permit (SUP) by Richard Wawak to construct a 28 unit multi-family housing complex at 1279 Dryden Road, Tax parcels 52.-1-25.3 and 52.-1-26.2; and WHEREAS, this action requires review under the State Environmental Quality Review Act (“SEQRA”). NOW THEREFORE, the Town Board of the Town of Dryden hereby resolves as follows: 1. The Town Board hereby determines that the action is subject to SEQRA; and TB 12-15-22 Page 3 of 10 2. The Town Board hereby makes a preliminary classification of the action as an unlisted action pursuant to 6 NYCRR 617; and 3. The Town Board hereby determines that it intends to serve as Lead Agency with respect to the SEQRA review and, in that capacity, will determine if the proposed action will have a significant adverse impact on the environment; and 4. The Town Board hereby schedules a public hearing for January 19, 2023 at 6:05 pm. Access details for the public hearing shall be posted on the Town of Dryden website at www.dryden.ny.us twenty-four (24) hours prior to the date of the hearing. The purpose of the public hearing is for all persons wishing to comment in favor of or against the application to have an opportunity to provide their comments thereon. 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Lamb Yes Supv Leifer Yes DISCUSSION/ACTION ITEMS Supv Leifer explained that Dryden Fiber will be using Staxbill when they start billing customers and asked for authorization to sign a contract with them. RESOLUTION #196 (2022) – AUTHORIZE CONTRACT WITH STAXBILL Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Town Supervisor to execute a contract with Staxbill to provide billing services for Dryden Fiber. 2nd Cl Vargas-Mendez Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Lamb Yes Supv Leifer Yes HOUSING REHABILITATION PROGRAM It has been about 10 years since the town applied for and received CDBG funds for housing rehabilitation. Thoma Development Consultants did a survey of the housing stock in the Town of Dryden in 2019. 1227 homes were substandard, and of those about 450 were severely substandard. The Affordable and Workforce Housing Committee met with Rich Cunningham of Thoma Development Consultants. He recommended the town apply for a CDBG grant that could provide up to $500,000 in funding to work on homes in poor condition. Cl Vargas-Mendez presented a resolution passed by the committee urging the Town Board to accept the proposal from Thoma to prepare an application on behalf of the town for the CDBG funding. If we are successful, work can commence on homes in 2024. It is a good opportunity, and we have enough time to prepare a successful application. The town may be able to apply to the county program for funds to cover the fee. RESOLUTION #197 (2022) – AUTHORIZE CONTRACT WITH THOMA CONSULTANTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION TB 12-15-22 Page 4 of 10 Cl Vargas-Mendez offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby accepts the proposal dated December 7, 2022, from Thoma Development to prepare an application for a community development block grant in 2023 for housing rehabilitation at a cost not to exceed $7,500.00. 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Lamb Yes Supv Leifer Yes 1892 Slaterville Road An agreement was not reached with the owner of 1892 Slaterville Road and the board is moving forward with legal action. RESOLUTION #198 (2022) – DECLARING 1892 SLATERVILLE ROAD TO BE UNSAFE AND ORDERING ITS DEMOLITION AND REMOVAL Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the Town of Dryden Code Enforcement Office issued a Memorandum reporting that the structure located at 1892 Slaterville Road, Tax Map No. 71.-1-37.4, is unsafe and dangerous, pursuant to Chapter 118 of the Town Code; and WHEREAS, on August 18, 2022 at 6:10 p.m., the Town Board held a duly noticed public hearing to solicit public input on the issue of whether the structure at 1892 Slaterville Road can safely be repaired or whether it should order the property owner to repair or demolish and remove the structure; and WHEREAS, personal service on the owners of record was made as follows: on Jack Enslow on August 8, 2022 by personal service on Danielle Kline, partner of Jack Enslow, at 1872 Slaterville Road, Ithaca, NY 14850; and on Akela Enslow on August 9, 2022 by personal service on Jack Enslow, Jr., son of Akela Enslow, at 15 Harbor Circle, Ithaca, NY 14850; and WHEREAS, the hearing on August 18, 2022 was held over to and continued on September 15 and October 20, 2022, and closed at the October 20, 2022 meeting; and WHEREAS, a plan was presented by Jack Enslow for demolition and removal of the structure, by which Mr. Enslow would demolish and remove the structure over the course of more than two years; and WHEREAS, at the public hearing the Town offered an agreement to Mr. Enslow allowing him an extended period of time to remove and demolish the structure, on certain other terms and conditions; and WHEREAS, Mr. Enslow refused to accept the terms and conditions as proposed by the Town; and WHEREAS, the Town is unwilling to accept Mr. Enslow’s terms and conditions as proposed; NOW, THEREFORE, BE IT RESOLVED, pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act, it has been TB 12-15-22 Page 5 of 10 determined by the Town Board that this matter does not constitute an “action” as defined under the SEQRA regulations, and as such no further environmental review is necessary; and further RESOLVED that pursuant to Town Code § 118-15.F.(4), the Town Board of the Town of Dryden hereby determines that the structure at 1892 Slaterville Road is unsafe and dangerous to the public; and RESOLVED that the plan as presented and proposed by Mr. Enslow is rejected; and RESOLVED that the property owner is hereby directed to commence the demolition and removal of the structure at 1892 Slaterville Road within 30 days of this order, and to complete such demolition and removal within 60 days of this order; and RESOLVED that this Resolution shall take effect immediately. 2nd Cl Sparling Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #199 (2022) - AUTHORIZING THE ATTORNEYS FOR THE TOWN OF DRYDEN, COUGHLIN & GERHART, LLP, TO COMMENCE A CIVIL ACTION IN THE SUPREME COURT IN TOMPKINS COUNTY ON BEHALF OF THE TOWN OF DRYDEN AGAINST JACK ENSLOW AND AKELA ENSLOW Supv Leifer offered the following resolution and asked for its adoption: SECTION 1. The Town Board of the Town of Dryden (“Town”) hereby authorizes Coughlin & Gerhart, LLP, Attorneys for the Town, to commence a civil action in New York State Supreme Court in Tompkins County on behalf of the Town and to appear as the attorneys for the Town of Dryden, as Plaintiff, against Jack Enslow and Akela Enslow, as Defendants, as well as any other persons with a recorded interest in the property that is the subject of this resolution, pursuant to § 118-15F(6) of the Town Code, if the Defendants and other persons fail t o commence demolition and removal of the structure located at 1892 Slaterville Road, Tax Map No. 71.-1- 37.4, within 30 days of this order, and/or fail to complete the demolition and removal of such structure within 60 days of this order (or otherwise fail to comply with the plan for demolition and removal as approved by the Town). In said civil action, the Town, as the Plaintiff, shall, among other things, ask the Court: (a) to enjoin and restrain the Defendants from violating the provisions of the Local Law No. 1 of 2007 of the Town as amended by Local Law No. 4 of 2017 and Local Law No. 4 of 2021 (hereinafter the “Local Law”) and the provisions of the New York State Uniform Fire Prevention and Building Code (hereafter “Uniform Code”) which are being violated with respect to the premises at 1892 Slaterville Road, designated as Tax Map No. 71.-1-37.4 (“Subject Property”) reputedly owned by Jack Enslow and Akela Enslow, in the Town of Dryden, County of Tompkins, State of New York; and direct that said violations be terminated and abated; (b) to permanently enjoin the alleged violations of the Local Law and the Uniform Code; (c) to direct the Defendants to permanently cease and desist the alleged illegal use(s) of the subject premises; (d) to direct that the Defendants apply for and obtain all necessary permits required to demolish the unsafe/dangerous building at Subject Property and to remove said building as ordered by the Code Enforcement Officers of the Town; and (e) to direct that the Defendants takes all necessary steps to comply with the Local Law and the Uniform Code; and (f) to permanently prohibit all other persons from using the subject premises in violation of the Local Law and the Uniform Code; (g) to enjoin and restrain TB 12-15-22 Page 6 of 10 the Defendants from creating and maintaining a public nuisance; and (h) to grant the Plaintiff, Town, such other and further relief as to the Court may seem just and proper, together with the costs and disbursements of this action. SECTION 2. The Town Supervisor is authorized to contract for the services of a title search company to search for persons with a recorded interest in the Subject Property for purposes of ensuring that such persons can be served with notice of the proceedings contemplated by herein. SECTION 3. This Resolution shall take effect immediately. 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Lamb Yes Supv Leifer Yes Trail Easement Agreement Bob Beck reported that he recently obtained a rail trail easement agreement. The previous owner did not want to donate an easement, but the new owner is enthusiastic about the project and has signed the easement agreement. A public hearing to accept the easement was scheduled for January 19, 2023, at 6:15 p.m. Building Code Local Law Update R Burger explained that about a year ago the State redrafted and updated part 1203 of the state building code and put out a model law. Code Officer Shelley Knickerbocker has been working to incorporate that into Chapter 118 of the Dryden Cod e. It basically follows the model law, but has been tweaked in some instances to fit our needs. For instance, the town expanded the list of operating permits that can be issued by the town, and it contains a provision that the list can be further expanded by resolution of the Town Board. This may be a useful tool to address temporary contractor yards. Another new thing is that stamped building plans can be required for structures less than 1500 square feet, particularly if it is to be used as housing. Photo documentation may now be submitted for inspections. RESOLUTION #200 (2022) - INTRODUCING A PROPOSED LOCAL LAW Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, a Local Law entitled “A LOCAL LAW REPEALING AND REPLACING CHAPTER 118 OF THE TOWN CODE ENTITLED “BUILDING CODE ADMINISTRATION AND ENFORCEMENT” was introduced at this meeting, a copy of which is attached hereto, and WHEREAS, the Town Board desires to hold a public hearing with respect to the adoption of said Local Law. NOW, THEREFORE, BE IT RESOLVED that a public hearing will be held by the Town Board of the Town of Dryden with respect to the adoption of the aforesaid Local Law on January 19, 2023 at 6:30 p.m., or as soon thereafter as the matter may be heard, at Dryden Town Hall, 93 E. Main Street, Dryden, NY; and it is further RESOLVED, that the Town Clerk is hereby authorized and directed to cause public notice of said hearing to be given as provided by law TB 12-15-22 Page 7 of 10 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #201 (2022) - INITIAL SEQRA CLASSIFICATION AND INTENT TO DECLARE LEAD AGENCY STATUS Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the Town of Dryden is considering adopting a Local Law Repealing and Replacing Chapter 118 of the Town Code entitled “Building Code Administration and Enforcement”; and WHEREAS, adoption of said local law requires review under the State Environme ntal Quality Review Act (“SEQRA”). NOW THEREFORE, the Town Board of the Town of Dryden hereby resolves as follows: The Town Board hereby determines that the action is subject to SEQRA; and The Town Board hereby makes a preliminary classification of the action as a Type II action pursuant to 6 NYCRR 617.5(c)(26); and BE IT FURTHER RESOLVED that this Resolution shall take effect immediately. 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Lamb Yes Supv Leifer Yes Training Credits R Burger asked the board to approve training credits for Planning Board members and Zoning Board of Appeals members for 2022. RESOLUTION #202 (2022) – APPROVE TRAINING CREDITS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves continuing education credits at the rate of one credit per hour of participation for Planning Board and Zoning Board of Appeals members for the following trainings: Tompkins Co. Dept of Planning & Sustainability and NYSERDA partnered for trainings on: • 10-5-22 – 2 hours Overview of the Model Solar Law • 11-2-22 – 2 hours, Overview of the Model Battery Energy Storage System Law TB 12-15-22 Page 8 of 10 • 3-23-22 - 2 hours, Overview of Model Solar Energy Law 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Lamb Yes Supv Leifer Yes ADVISORY BOARD UPDATES Agriculture Advisory Meeting – The meeting was cancelled. Climate Smart Communities Task Force – The DPW building audit was conducted, but it was not to the satisfaction of the committee as there were no concrete recommendations on how to combat greenhouse gases, how to insulate or how to electrify. But the auditor did what NYSERDA asked them to do. It recommended that the committee express their disappointment and ask NYSERDA for their money ($3,400) back. An auditor from three hours away was sent here, when Taitem, in Ithaca, was the nearest. Conservation Board – There was a presentation by Katri Haantera, a senior behavioral scientist, who discussed how to successfully interact with farmers to elicit change through her work on the Our Owasco Project. She addressed the topic of what is driving and restraining farmers from the adoption of soil health best management practices. The Conservation Board passed a resolution in support of the Owasco Lake Management Council. Cl Sparling will forward that resolution to Town Board members. Town Board members may be concerned with the last part of the resolved clause that says “the Town of Dryden will take the pledge for lands within the watershed for which it maintains ownership and will work toward achieving the actions requested in the pledge within the town limits.” That might impact current DPW operations. The board may want someone from the Conservation Board to speak in support of the resolution prior to adopting it. Recreation and Youth Commission – TC3 has asked Marty Conger to join their advisory board. The Recreation Partnership renewal agreement has been signed by the Town Supervisor. DRYC has reviewed their needs assessment and determined that more playgrounds are needed in Dryden based on the Montgomery Park model. Possible locations would be Dryden Lake, Etna, and Freeville. There is the possibility of working with the Village of Freeville to update the Groton Avenue Park. They want the effort to be community driven and serve the surrounding communities. Planning Board – They have not met since the last Town Board meeting. Nothing new to report. Cl Lamb will talk with them about undertaking a zoning update next week. He will also talk with them about choosing two members of their board to join two Town Board members and R Burger on a committee to choose a consultant. Rail Trail Task Force – The Game Farm Road crossing permit application was approved by the county. Some of the county comments will be incorporated by our consultant into the final report, but there is nothing to prevent the work from commencing. We will coordinate with the Town of Ithaca and start working on some of the permit objectives. The town does not have to do a hawk system crossing and so will not have that expense. Cl Lamb expects that vehicle travel speeds will come down after this work is done. Cl Lamb reported that he serves on the EMS subcommittee of TCCOG and they have done a lot of work regarding diminishing rural ambulance service. He is happy to report that the county has budgeted for a rural ambulance service coordinator in 2023. The position has TB 12-15-22 Page 9 of 10 been posted, and he and other members of the task force will take part in selection of a candidate for the position. Affordable Housing - Last week the committee had a presentation by Rich Cunningham of Thoma Development Consultants. That was discussed earlier in this meeting and the board adopted a resolution to hire Thoma tonight. Safety & Preparedness – There has been an application received for a seat on the committee. RESOLUTION #203 (2022) – APPOINT S REEVES TO SAFETY & PREPAREDNESS COMMITTEE Cl Lamb offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Sylvia Reeves to serve on the Safety & Preparedness Committee. 2nd Supv Leifer Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Lamb Yes Supv Leifer Yes Broadband Committee – They are meeting tomorrow. Supv Leifer reported they had a good meeting with Senator Schumer’s office at the Knickerbocker Bed Frame Company and the Senator’s representatives were able to see the Knickerbocker operation, see the fiber networking working, and heard how it helps their business. Some of the employees are looking forward to hooking into our Dryden Fiber service. Supv Leifer talked with Mike Lane about putting a letter in to get some funding from the county. There was another application that looks like it won’t get funded. We have a minimum amount in our application that we may have to revise. Cl Lamb is frustrated with the process. It may get added and approved next month. This really has turned into a political process rather than a methodical scoring process. Another organization is also disputing a county ruling on their application. A letter from the town must be delivered to the county by Monday. The town has also asked for a congressional earmark for broadband funding from Senator Schumer’s office. Cl Lamb contacted them today and they don’t have a final list yet. Supv Leifer said he expects the BAN money should be available in January. That funding will allow us to make the matches for the other grants. They will be talking with Hunt about the Phase 3 contract in January. CITIZENS PRIVILEGE Christina Dravis expressed interest in filling Jim Skaley’s seat. She has lived in Dryden since 2018, served on the town’s Safety & Preparedness Committee and other community organizations. Supv Leifer announced the board’s organizational meeting will be held January 5 at 6:00 p.m. TB 12-15-22 Page 10 of 10 PLANNING DEPARTMENT R Burger said his department report is on the website. The Conservation subdivision proposed at 134 Virgil Road will get initial review at the Planning Board meeting next Thursday night. That will be on their agenda for a few months because it must go through sketch, preliminary plat, and final plat. Also at that meeting will be a presentation of the Design Connect Group’s report for the North Road corridor. R Burger will forward the final report on to the Town Board when he receives it. There being no further business, the meeting was adjourned at 7:23 p.m. Respectfully submitted, Bambi L. Avery Town Clerk Office of the Supervisor Jason Leifer 93 E Main Street 607/844-8888 Dryden, NY 13053 supervisor@dryden.ny.us Sign up for the Town of Dryden e-Newsletter! https://dryden.ny.us/ Town Clerk & Receiver of Taxes Bambi Avery Phone: (607) 844-8888 option 3 Fax: (607) 844-8008 Highway/DPW Department Rick Young, Highway Superintendent Phone: (607) 844-8888 option 5 Fax: (607) 844-5188 Recreation Department Marty Conger (607) 844-8888 option 4 Planning / Code Enforcement Ray Burger, Director (607) 844-8888 option 2 Justice Court Deborah Gallagher, Senior Clerk Phone: (607) 844-8888 option 1 Fax: (607) 240-5064 Dryden Fiber (607) 844-8888 #2 www.drydenfiber.com Supervisor’s Office Jason Leifer (607) 844-8888 option 6 supervisor@dryden.ny.us Cassie Byrnes, Secretary secretary@dryden.ny.us Bookkeeper/Human Resources Amanda Anderson (607) 844-8888 option 7 bookkeeper@dryden.ny.us County Legislators Mike Lane – District 14 (Town of Dryden, eastern portion) E-mail: mlane@tompkins-co.org Greg Mezey – District 13 - (Town of Dryden, western portion) E-mail: gmezey@tompkins-co.org Lee Shurtleff – District 9 (Town of Groton & portions of the Towns of Dryden & Lansing) E-mail: lshurtleff@tompkins-co.org Dog Control Jason Leonard, DCO (607) 342-8477 Page 1 of 29 TOWN OF DRYDEN LOCAL LAW NO. ___ FOR THE YEAR 2023 A LOCAL LAW REPEALING AND REPLACING CHAPTER 118 OF THE TOWN CODE ENTITLED “BUILDING CODE ADMINISTRATION AND ENFORCEMENT” Be it enacted by the Town Board of the Town of Dryden as follows: Section 1. Chapter 118 of the Town Code is hereby repealed and replaced as follows: § 118-1 Purpose and Intent. This chapter 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 the Town of Dryden (“Town”). This chapter is adopted pursuant to Section 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, the Energy Code, or other state law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this chapter. § 118-2 Definitions. In this chapter: ASSEMBLY AREA An area in any building, or in any portion of a building, that is primarily used or intended to be used for gathering fifty or more persons for uses including, but not limited to, amusement, athletic, entertainment, social, or other recreational functions; patriotic, political, civic, educational, or religious functions; food or drink consumption; awaiting transportation; or similar purposes. BUILDING PERMIT A building permit, construction permit, demolition permit, or other permit that authorizes the performance of work. The term “Building Permit” shall also include a Building Permit which is renewed, amended, or extended pursuant to any provision of this chapter. CERTIFICATE OF COMPLIANCE A document issued by the Town stating that work was done in compliance with approved construction documents and the Codes. CERTIFICATE OF OCCUPANCY A document issued by the Town certifying that the building or structure, or portion thereof, complies with the approved construction documents that have been submitted to, and approved by the Town, and indicating that the building or structure, or portion thereof, is in a condition suitable for occupancy. CODE ENFORCEMENT OFFICER The Code Enforcement Officer appointed pursuant to subdivision (b) of section 3 of this chapter. Page 2 of 29 CODE ENFORCEMENT PERSONNEL The Code Enforcement Officer and all Inspectors. CODES The Uniform Code and Energy Code. ENERGY CODE The New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy Law. The Energy Code includes 19 NYCRR Part 1240. In addition the NYStretch Energy Code 2020, published by the New York State Energy Research and Development Authority (hereafter referred to as “NYStretch”), shall be applicable to all new construction, substantial renovations, alterations and additions, as required by the 2020 ECCCNYS as amended by NYStretch. FCNYS The 2020 Fire Code of New York State as currently incorporated by reference in 19 NYCRR Part 1225. FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION An inspection performed to determine compliance with the applicable provisions of 19 NYCRR Part 1225 and the publications incorporated therein by reference and the applicable provisions of 19 NYCRR Part 1226 and the publications incorporated therein by reference. HAZARDOUS PRODUCTION MATERIALS A solid, liquid, or gas associated with semiconductor manufacturing that has a degree-of- hazard rating in health, flammability, or instability of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification of the Hazards of Materials for Emergency Response), and which is used directly in research, laboratory, or production processes which have, as their end product, materials that are not hazardous. INSPECTOR An inspector appointed pursuant to subdivision (d) of section 3 of this chapter. MOBILE FOOD PREPARATION VEHICLES Vehicles that contain cooking equipment that produces smoke or grease-laden vapors for the purpose of preparing and serving food to the public. Vehicles intended for private recreation shall not be considered mobile food preparation vehicles. OPERATING PERMIT A permit issued pursuant to section 10 of this chapter. The term “Operating Permit” shall also include an Operating Permit which is renewed, amended, or extended pursuant to any provision of this chapter. ORDER TO REMEDY An order issued by the Code Enforcement Officer pursuant to subdivision (a) of section 17 of this chapter. Page 3 of 29 PERMIT HOLDER The Person to whom a Building Permit has been issued. PERSON 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. PMCNYS The 2020 Property Maintenance Code of New York State as currently incorporated by reference in 19 NYCRR Part 1226. RCNYS The 2020 Residential Code of New York State as currently incorporated by reference in 19 NYCRR Part 1220. REPAIR The reconstruction, replacement, or renewal of any part of an existing building for the purpose of its maintenance or to correct damage. STOP WORK ORDER An order issued pursuant to section 6 of this chapter. SUGARHOUSE A building used, in whole or in part, for the collection, storage, or processing of maple sap into maple syrup and/or maple sugar. TEMPORARY CERTIFICATE OF OCCUPANCY A certificate issued pursuant to subdivision (d) of section 7 of this chapter. TOWN The Town of Dryden, exclusive of the Villages of Dryden and Freeville. UNIFORM CODE The New York State Uniform Fire Prevention and Building Code, Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant to Article 18 of the Executive Law. UNSAFE BUILDING OR STRUCTURE Any building or structure which is structurally unsound; unsanitary; not equipped with adequate ingress or egress; which constitutes a fire hazard; which has become unsafe by reason of damage by fire, the elements, age or general deterioration; which, in relation to an existing use, constitutes a hazard to public health, safety, or welfare by reason of inadequate maintenance, dilapidation, or abandonment; or which is otherwise dangerous to human life. § 118-3 Code Enforcement Officer and Inspectors. Page 4 of 29 (a) The Office of Code Enforcement Officer is hereby created. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code, and this chapter. 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 of Occupancy, 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 of Occupancy, and Operating Permits, and to include in terms and conditions as the Code Enforcement Officer may determine to be appropriate Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits; (3) to conduct construction inspections; inspections to be made prior to the issuance of Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, 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 chapter; (4) to issue Stop Work Orders; (5) to review and investigate complaints; (6) to issue orders pursuant to subdivision (a) of section 17 (Violations) of this chapter; (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 chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code, or this chapter; and (11) to exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this chapter. (b) The Code Enforcement Officer shall be appointed by the Town Board of the Town of Dryden. The Code Enforcement Officer shall possess background experience related to building construction 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 certification from the Department of State pursuant to the Executive Law and the regulations promulgated thereunder. Page 5 of 29 (c) In the event that the Code Enforcement Officer is unable to serve as such for any reason, another individual shall be appointed by the Town Board of the Town of Dryden to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of their appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this chapter. (d) One or more Inspectors may be appointed the Town Board of the Town of Dryden 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 chapter. 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 Department of State pursuant to the Executive Law and the regulations promulgated thereunder. (e) The compensation for the Code Enforcement Officer and Inspectors shall be fixed from time to time by the Town Board of this Town. (f) In addition to administering and enforcing the provisions of this local law, the Uniform Code and the Energy Code, the Code Enforcement Officer shall administer and enforce the Town of Dryden Zoning Ordinance, Land Subdivision Rules and Regulations, Mobile Home Ordinance, Mobile Home Park Ordinance and Local Law No. 1 of 1987 (a Local Law for Flood Damage Prevention). (g) The Code Enforcement Officer, Acting Code Enforcement Officer and Inspector(s) shall not engage in any activity inconsistent with their duties, or with the interests of the Town; nor shall they, during the term of their employment, be engaged directly or indirectly in any building business, in the furnishings of labor, materials, supplies or appliances for, or the supervision of, the construction, alteration, demolition, or maintenance of a building or the preparation of plans or specifications thereof within the Town of Dryden. This provision shall not prohibit any employee from engaging in any such activities in connection with the construction of a building or structure owned by them for their own personal use and occupancy, or for the use and occupancy of members of their immediate families, and not constructed for re-sale. § 118-4 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 Town. (b) Exemptions. No Building Permit shall be required for work in any of the following categories: Page 6 of 29 (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; (2) construction of temporary sets and scenery associated with motion picture, television, and theater uses; (3) installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses); (4) installation of partitions or movable cases less than 5'-9" in height; (5) painting, wallpapering, tiling, carpeting, or other similar finish work; (6) installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances; (7) 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 (8) repairs, provided that the work does not have an impact on fire and life safety, such as (i) any part of the structural system; (ii) the required means of egress; or (iii) the fire protection system or the removal from service of any part of the 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 sufficient 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 location, nature, extent, and scope of the proposed work; 2. the tax map number and the street address of any affected building or structure; 3. the occupancy classification of any affected building or structure; Page 7 of 29 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: a. describe the location, nature, extent, and scope of the proposed work; b. show that the proposed work will conform to the applicable provisions of the Codes; c. show the location, construction, size, and character of all portions of the means of egress; d. show a representation of the building thermal envelope; e. show structural information including but not limited to braced wall designs, the size, section, and relative locations of structural members, design loads, and other pertinent structural information; f. show the proposed structural, electrical, plumbing, mechanical, fire-protection, and other service systems of the building; g. include a written statement indicating compliance with the Energy Code; h. include a site plan, drawn to scale and drawn in accordance with an accurate boundary survey, showing the size and location of new construction and existing structures and appurtenances on the site, distances from lot lines, the established street grades and the proposed finished grades, and, as applicable, flood hazard areas, floodways, and design flood elevations; and i. evidence, including for residential structures less than 1500 square feet in size when reasonably required by the Code Enforcement Officer, that the documents were prepared by a licensed and registered architect in accordance with Article 147 of the New York State Education Law or a licensed and registered professional engineer in accordance with Article 145 of the New York State Education Law and practice guidelines, including but not limited to the design professional’s seal which clearly and legibly shows both the design professional’s name and license number and is signed by the design professional whose name appears on the seal in such a manner that neither the name nor the number is obscured in any way, the design professional’s registration expiration date, the design professional’s firm name (if not a sole practitioner), and, if the documents are submitted by a professional engineering firm and not a sole practitioner professional engineer, the firm’s Certificate of Authorization number. (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 marked as accepted by the Code Enforcement Officer in writing or by stamp, or in the case of electronic media, an electronic marking. 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. Page 8 of 29 (f) 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 Permit 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 six (6) months following the date of issuance. Building Permits shall expire twelve (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. Building Permits may only be renewed four (4) times, after which a new application (including the payment of any applicable fees) shall be required. (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 17 (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. § 118-5 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. Page 9 of 29 (b) Elements of work to be inspected. The following elements of the construction process shall be inspected, 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) structural, electrical, plumbing, mechanical, fire-protection, and other similar service systems of the building; (6) fire resistant construction; (7) fire resistant penetrations; (8) solid fuel burning heating appliances, chimneys, flues, or gas vents; (9) inspections required to demonstrate Energy Code compliance, including but not limited to insulation, fenestration, air leakage, system controls, mechanical equipment size, and, where required, minimum fan efficiencies, programmable thermostats, energy recovery, whole-house ventilation, plumbing heat traps, and high-performance lighting and controls; (10) installation, connection, and assembly of factor manufactured buildings and manufactured homes; and (11) a final inspection after all work authorized by the Building Permit has been completed, a final inspection after all work authorized by the Building Permit has been completed. (c) Remote inspections. At the discretion of the Code Enforcement Officer or Inspector authorized to perform construction inspections, a remote inspection may be performed in lieu of an in - person inspection when, in the opinion of the Code Enforcement Officer or such authorized Inspector, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Code Enforcement Officer or by such authorized Inspector that the elements of the construction process conform with the applicable requirements of the Uniform Code and Energy Code. Should a remote inspection not afford the Code Enforcement Officer or such authorized Inspector sufficient information to make a determination, an in-person inspection shall be performed. (d) 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 the manner in which the work fails to comply with the Uniform Code or Energy Code, including a citation to the specific code provision or provisions that have not been met. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall Page 10 of 29 have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed. (e) Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees) of this chapter must be paid prior to or at the time of each inspection performed pursuant to this section. § 118-6 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. (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, other than work expressly authorized by the Code Enforcement Officer to correct the reason for issuing the Stop Work Order. (e) Remedy not exclusive. The issuance of a Stop Work Order shall not be the exclusive remedy Page 11 of 29 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 17 (Violations) of this chapter 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. § 118-7 Certificates of Occupancy and Certificates of Compliance. (a) Certificates of Occupancy and Certificates of Compliance required. A Certificate of Occupancy or Certificate of Compliance 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 subclassification 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 or Certificate of Compliance. (b) Issuance of Certificates of Occupancy and Certificates of Compliance. The Code Enforcement Officer shall issue a Certificate of Occupancy or 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 subclassification 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 issuan ce 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 of Occupancy or Certificate of Compliance: (1) a written statement of structural observations and/or a final report of special inspections, (2) flood hazard certifications, (3) a written statement of the results of tests performed to show compliance with the Energy Code, and (4) where applicable, the affixation of the appropriate seals, insignias, and manufacturer’s data plates as required for factory manufactured buildings and/or manufactured homes. (c) Contents of Certificates of Occupancy and Certificates of Compliance. A Certificate of Occupancy or Certificate of Compliance shall contain the following information: (1) the Building Permit number, if any; (2) the date of issuance of the Building Permit, if any; Page 12 of 29 (3) the name (if any), 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 the Certificate of Occupancy or Certificate of Compliance is issued; (5) the use and occupancy classification of the structure; (6) the type of construction of the structure; (7) the occupant load of the assembly areas in 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 of Occupancy. The Code Enforcement Officer shall be permitted to issue a Temporary Certificate of Occupancy 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 of Occupancy unless the Code Enforcement Officer determines (1) that the building or structure, or the portion thereof covered by the Temporary Certificate of Occupancy, may be occupied safely, (2) that any required fire and life safety components, such as fire protection equipment and fire, smoke, carbon monoxide, and heat detectors and alarms are installed and operational, and (3) that all required means of egress from the structure have been provided. The Code Enforcement Officer may include in a Temporary Certificate of Occupancy such terms and conditions as he or she deems necessary or appropriate to ensure the health and safety of the persons occupying and using the building or structure and/or performing further construction work in the building or structure. A Temporary Certificate of Occupancy 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 of Occupancy. During the specified period of effectiveness of the Temporary Certificate of Occupancy, 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, Certification of Compliance, or a Temporary Certificate of Occupancy was issued in error or on the basis 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. Page 13 of 29 (f) Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees) of this chapter must be paid at the time of submission of an application for a Certificate of Occupancy, Certificate of Compliance, or for Temporary Certificate of Occupancy. § 118-8 Notification Regarding Fire or Explosion. The chief of any fire department providing firefighting services for a property within this Town shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel burning appliance, chimney, or gas vent. § 118-9 Unsafe Buildings, Structures, and Equipment and Conditions of Imminent Danger. Unsafe buildings, structures, and equipment and conditions of imminent danger in this Town shall be identified and addressed in accordance with the following procedures. A. The reason for the determination that the building, structure or equipment is unsafe 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 of the determination by regular or certified mail as to the specifics of the determination and notified that the building, structure or equipment shall not be used until the noncompliant issues are remedied and reinspected by the Code Enforcement Officer or Inspector making the original determination. C. Unsafe Structures. In the event that the Code Enforcement Officer has condemned any structure located in the Town as an unsafe structure or a structure unfit for human occupancy pursuant to the applicable sections of the Uniform Code, as subsequently renumbered and/or amended, the Town shall have the following remedies in addition to all remedies set forth in State, local or other applicable law: (1) The Code Enforcement Officer shall report recommendations for repair or demolition of the structure in a written report to the Town Board. (2) The Town Board shall consider the report, and if it decides to proceed, schedule a public hearing. Notice of the public hearing shall be published and provided to the property owner by personal service pursuant to the New York Civil Practice Law and Rules at least 10 days before the date of the hearing. (3) The Town Board may contract with an engineer or architect to inspect the structure and make recommendations to the Town Board. (4) If, after the public hearing, the Town Board determines that the structure can safely be repaired, it may order the property owner to repair the structure within the time frame set forth in the order. If the Town Board determines that the structure cannot safely be repaired, and should be demolished and removed, the Town Board may order such demolition and removal within the time frame set forth in the order. (5) Subject to the provisions of Subsection (6) below, if the property owner fails to repair or Page 14 of 29 demolish and remove the structure within the time period set forth in the Town Board's order, the Town Board may issue a directive that the Town cause the structure to be repaired or demolished and removed, and bill the property owner for the reasonable direct cost of such repair or demolition and removal, plus legal costs and administrative costs of the Town for administering, supervising and handling such work in accordance with the provisions of this chapter. (6) Prior to issuing a directive that the Town cause the structure to be repaired or demolished and removed, the Town shall apply to the Supreme Court of Tompkins County for an order pursuant to this chapter, declaring: (1) that the structure is in need of repair or demolition and removal; (2) that the Town may repair or demolish and remove the structure; (3) determining the cost of such repair or demolition and removal that will be billed to the property owner pursuant to this chapter; and (4) granting a judgment against the property owner in the amount to be billed to the property owner. If the property owner refuses to grant the Town and its representatives access to the structure and the Town is unable to obtain access pursuant to other provisions of law, the Town may seek an order pursuant to this chapter directing the property owner to give the Town and its representatives access to the structure for purposes of determining whether the structure can safely be repaired or should be demolished and removed. (7) If the sum stated in the bill is not paid within 30 days after mailing thereof to the property owner, the Town may file a certificate with the Tompkins County Department of Assessment stating the cost of repair or demolition and removal and administrative costs to the Town, as detailed in the bill, together with a statement identifying the property and property owner. The Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Dryden. The assessment of such costs shall be effective even if the property would otherwise be exempt from real estate taxation. § 118-10 Operating Permits. (a) Operation Permits required. Operating Permits shall be required for conducting any process or activity or for operating any type of building, structure, or facility listed below: (1) manufacturing, storing, or handling hazardous materials in quantities exceeding those listed in the applicable Maximum Allowable Quantity tables found in Chapter 50 of the FCNYS; (2) buildings, structures, facilities, processes, and/or activities that are within the scope and/or permit requirements of the chapter or section title of the FCNYS as follows: (i) Chapter 22, “Combustible Dust-Producing Operations.” Facilities where the operation produces combustible dust; Page 15 of 29 (ii) Chapter 24, “Flammable Finishes.” Operations utilizing flammable or combustible liquids, or the application of combustible powders regulated by Chapter 24 of the FCNYS; (iii) Chapter 25, “Fruit and Crop Ripening.” Operating a fruit- or crop-ripening facility or conducting a fruit-ripening process using ethylene gas; (iv) Chapter 26, “Fumigation and Insecticidal Fogging.” Conducting fumigation or insecticidal fogging operations in buildings, structures, and spaces, except for fumigation or insecticidal fogging performed by the occupant of a detached one-family dwelling; (v) Chapter 31, “Tents, Temporary Special Event Structures, and Other Membrane Structures.” Operating an air-supported temporary membrane structure, a temporary special event structure, or a tent where approval is required pursuant to Chapter 31 of the FCNYS; (vi) Chapter 32, “High-Piled Combustible Storage.” High-piled combustible storage facilities with more than 500 square feet (including aisles) of high-piled storage; (vii) Chapter 34, “Tire Rebuilding and Tire Storage.” Operating a facility that stores in excess of 2,500 cubic feet of scrap tires or tire byproducts or operating a tire rebuilding plant; (viii) Chapter 35, “Welding and Other Hot Work.” Performing public exhibitions and demonstrations where hot work is conducted, use of hot work, welding, or cutting equipment, inside or on a structure, except an operating permit is not required where work is conducted under the authorization of a building permit or where performed by the occupant of a detached one- or two-family dwelling; (ix) Chapter 40, “Sugarhouse Alternative Activity Provisions.” Conducting an alternative activity at a sugarhouse; (x) Chapter 56, “Explosives and Fireworks.” Possessing, manufacturing, storing, handling, selling, or using, explosives, fireworks, or other pyrotechnic special effects materials except the outdoor use of sparkling devices as defined by Penal Law section 270; (xi) Section 307, “Open Burning, Recreational Fires and Portable Outdoor Fireplaces.” Conducting open burning, not including recreational fires and portable outdoor fireplaces; (xii) Section 308, “Open Flames.” Removing paint with a torch, or using open flames, fire, and burning in connection with assembly areas or educational occupancies; (xiii) Section 319, “Mobile Food Preparation Vehicles.”; and (3) energy storage systems, where the system exceeds the values shown in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings in section R327.5 of the RCNYS. (4) buildings containing one or more assembly areas; Page 16 of 29 (5) outdoor events where the planned attendance exceeds 1,000 persons; (6) facilities that store, handle or use hazardous production materials; (7) parking garages as defined in subdivision (a) of section 13 of this chapter; (8) 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; and (9) other processes or activities or for operating any type of building, structure, or facility 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) Exemptions. Operating permits shall not be required for processes or activities, or the buildings, structures, or facilities listed in paragraphs (1) through (7) of subdivision (a) of this section, provided that the use is expressly authorized by a certificate of occupancy or certificate of compliance, fire safety and property maintenance inspections are performed in accordance with section 11 (Fire Safety and Property Maintenance Inspections) of this chapter, and condition assessments are performed in compliance with section 13 (Condition Assessments of Parking Garages) of this chapter, as applicable. (d) 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. Such inspections shall be performed either in-person or remotely. Remote inspections in lieu of in-person inspections may be performed when, at the discretion of the Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Code Enforcement Officer or Inspector authorized by the Code Enforcement Officer that the premises conform with the applicable requirements of the Uniform Code and the code enforcement program. Should a remote inspection not afford the Town sufficient information to make a determination, an in-person inspection shall be performed. After inspection, the premises shall be noted as satisfactory and the operating permit shall be issued, or the operating permit holder shall be notified as to the manner in which the premises fail to comply with either or both of the Uniform Code and the code enforcement program, including a citation to the specific provision or provisions that Page 17 of 29 have not been met. (e) 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 Enfo rcement Officer may, in their discretion, issue a single Operating Permit to apply to all such activities. (f) Duration of Operating Permits. Operating permits shall be issued for a specified period of time consistent with local conditions, but in no event to exceed as follows: (1) 180 days days for tents, special event structures, and other membrane structures; (2) 60 days days for alternative activities at a sugarhouse; (3) Three (3) years years for the activities, structures, and operations determined per paragraph (9) of subdivision (a) of this section, and (4) One (1) year year for all other activities, structures, and operations identified in subdivision (a) of this section. 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. (g) 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. (h) Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees) of this chapter 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. § 118-11 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) at least once every twelve (12) months for buildings which contain an assembly area; (2) at least once every twelve (12) months for public and private schools and colleges, including any buildings of such schools or colleges containing classrooms, dormitories, fraternities, sororities, laboratories, physical education, dining, or recreational facilities; and (3) at least once thirty-six (36) months for multiple dwellings and all nonresidential occupancies. Page 18 of 29 (b) Remote inspections. At the discretion of the Code Enforcement Officer or Inspector authorized to perform fire safety and property maintenance inspections, a remote inspection may be performed in lieu of in-person inspections when, in the opinion of the Code Enforcement Officer or such authorized Inspector, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Code Enforcement Officer or such authorized Inspector that the premises conform with the applicable provisions of 19 NYCRR Part 1225 and the publications incorporated therein by reference and the applicable provisions of 19 NYCRR Part 1226 and the publications incorporated therein by reference. Should a remote inspection not afford the Code Enforcement Officer or such authorized Inspector sufficient information to make a determination, an in- person inspection shall be performed. (c) 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 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. (d) OFPC Inspections. Nothing in this section or in any other provision of this chapter 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 or other authorized entity under Executive Law section 156-e and Education Law section 807-b. Notwithstanding any other provision of this section to the contrary, the Code Enforcement Officer may accept an inspection performed by the Office of Fire Prevention and Control or other authorized entity pursuant to sections 807-a and 807-b of the Education Law and/or section 156-e of the Executive Law, in lieu of a fire safety and property maintenance inspection performed by the Code Enforcement Officer or by an Inspector, provided that: 1. the Code Enforcement Officer is satisfied that the individual performing such inspection satisfies the requirements set forth in 19 NYCRR section 1203.2(e); 2. the Code Enforcement Officer is satisfied that such inspection covers all elements required to be covered by a fire safety and property maintenance inspection; 3. such inspections are performed no less frequently than once a year; Page 19 of 29 4. a true and complete copy of the report of each such inspection is provided to the Code Enforcement Officer; and 5. upon receipt of each such report, the Code Enforcement Officer takes the appropriate action prescribed by section 17 (Violations) of this local law. ] (e) Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees) of this chapter 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. § 118-12 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 chapter, or any 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 17 (Violations) of this chapter; (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. § 118-13 Condition Assessments of Parking Garages. (a) Definitions. For the purposes of this section: (1) the term “condition assessment” means an on-site inspection and evaluation of a parking garage for evidence of deterioration of any structural element or building component of such parking garage, evidence of the existence of any unsafe condition in such parking garage, and evidence indicating that such parking garage is an unsafe structure; (2) the term “deterioration” means the weakening, disintegration, corrosion, rust, or decay of any structural element or building component, or any other loss of effectiveness of a structural element or building component; (3) the term “parking garage” means any building or structure, or part thereof, in which all or any part of any structural level or levels is used for parking or storage of motor Page 20 of 29 vehicles, excluding: (i) buildings in which the only level used for parking or storage of motor vehicles is on grade; (ii) an attached or accessory structure providing parking exclusively for a detached one- or two-family dwelling; and (iii) a townhouse unit with attached parking exclusively for such unit; (4) the term “professional engineer” means an individual who is licensed or otherwise authorized under Article 145 of the Education Law to practice the profession of engineering in the State of New York and who has at least three years of experience performing structural evaluations; (5) the term “responsible professional engineer” means the professional engineer who performs a condition assessment, or under whose supervision a condition assessment is performed, and who seals and signs the condition assessment report. The use of the term “responsible professional engineer” shall not be construed as limiting the professional responsibility or liability of any professional engineer, or of any other licensed professional, who participates in the preparation of a condition assessment without being the responsible professional engineer for such condition assessment. (6) the term “unsafe condition” includes the conditions identified as “unsafe” in section 304.1.1, section 305.1.1, and section 306.1.1 of the PMCNYS; and (7) the term “unsafe structure” means a structure that is so damaged, decayed, dilapidated, or structurally unsafe, or is of such faulty construction or unstable foundation, that partial or complete collapse is possible. (b) Condition Assessments – general requirements. The owner operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in subdivision (c) of this section, periodic condition assessments as described in subdivision (d) of this section, and such additional condition assessments as may be required under subdivision (e) of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the Town, in accordance with the requirements of subdivision (f) of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage. (c) Initial Condition Assessment. Each parking garage shall undergo an initial condition assessment as follows: (1) Parking garages constructed on or after August 29, 2018, shall undergo an initial condition assessment following construction and prior to a certificate of occupancy or certificate of compliance being issued for the structure. Page 21 of 29 (2) Parking garages constructed prior to August 29, 2018, shall undergo an initial condition assessment as follows: (i) if originally constructed prior to January 1, 1984, then prior to October 1, 2019; (ii) if originally constructed between January 1, 1984 and December 31, 2002, then prior to October 1, 2020; and (iii) if originally constructed between January 1, 2003 and August 28, 2018, then prior to October 1, 2021. (3) Any parking garage constructed prior to the effective date of the local law enacting this provision that has not undergone an initial condition assessment prior to that effective date shall undergo an initial condition assessment six (6) months after the effective date of this local law. (d) Periodic Condition Assessments. Following the initial condition assessment of a parking garage, such parking garage shall undergo periodic condition assessments at intervals not to exceed three (3) years. (e) Additional Condition Assessments. (1) If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under subdivision (c) of this section, the Town shall require the owner or operator of such parking garage to cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report. (2) If the Town becomes aware of any new or increased deterioration which, in the judgment of the Town, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under subdivision (c) of this section, the Town shall require the owner or operator of such parking garage to cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Town to be appropriate. (f) Condition Assessment Reports. The responsible professional engineer shall prepare, or directly supervise the preparation of, a written report of each condition assessment, and shall submit such condition assessment report to the Town within sixty (60) days. Such condition assessment report shall be sealed and signed by the responsible professional engineer, and shall include: Page 22 of 29 (1) an evaluation and description of the extent of deterioration and conditions that cause deterioration that could result in an unsafe condition or unsafe structure; (2) an evaluation and description of the extent of deterioration and conditions that cause deterioration that, in the opinion of the responsible professional engineer, should be remedied immediately to prevent an unsafe condition or unsafe structure; (3) an evaluation and description of the unsafe conditions; (4) an evaluation and description of the problems associated with the deterioration, conditions that cause deterioration, and unsafe conditions; (5) an evaluation and description of the corrective options available, including the recommended timeframe for remedying the deterioration, conditions that cause deterioration, and unsafe conditions; (6) an evaluation and description of the risks associated with not addressing the deterioration, conditions that cause deterioration, and unsafe conditions; (7) the responsible professional engineer’s recommendation regarding preventative maintenance; (8) except in the case of the report of the initial condition assessment, the responsible professional engineer’s attestation that he or she reviewed all previously prepared condition assessment reports available for such parking garage, and considered the information in the previously prepared reports while performing the current condition assessment and while preparing the current report; and (9) the responsible professional engineer’s recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed. In making the recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed, the responsible professional engineer shall consider the parking garage’s age, maintenance history, structural condition, construction materials, frequency and intensity of use, location, exposure to the elements, and any other factors deemed relevant by the responsible professional engineer in their professional judgment. (g) Review Condition Assessment Reports. The Town shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the Town shall, by Order to Remedy or such other means of enforcement as the Town may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to paragraphs (2) and (3) of subdivision (f). All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the Town to take any other enforcement action, including but not limited to suspension or revocation of a parking Page 23 of 29 garage’s operating permit, as may be necessary or appropriate in response to the information in a condition assessment report. (h) The Town shall retain all condition assessment reports for the life of the parking garage. Upon request by a professional engineer who has been engaged to perform a condition assessment of a parking garage, and who provides the Town with a written statement attesting to the fact that he or she has been so engaged, the Town shall make the previously prepared condition assessment reports for such parking garage (or copies of such reports) available to such professional engineer. The Town shall be permitted to require the owner or operator of the subject parking garage to pay all costs and expenses associated with making such previously prepared condition assessment reports (or copies thereof) available to the professional engineer. (i) This section shall not limit or impair the right or the obligation of the Town: (1) to perform such construction inspections as are required by section 5 (Construction Inspections) of this chapter; (2) to perform such periodic fire safety and property maintenance inspections as are required by section 11 (Fire Safety and Property Maintenance Inspections) of this chapter; and/or (3) to take such enforcement action or actions as may be necessary or appropriate to respond to any condition that comes to the attention of the Town by means of its own inspections or observations, by means of a complaint, or by any other means other than a condition assessment or a report of a condition assessment. § 118-14 Climatic and Geographic Design Criteria. (a) The Code Enforcement Officer shall determine the climatic and geographic design criteria for buildings and structures constructed within this Town as required by the Uniform Code. Such determinations shall be made in the manner specified in the Uniform Code using, where applicable, the maps, charts, and other information provided in the Uniform Code. The criteria to be so determined shall include but shall not necessarily be limited to, the following: (1) design criteria to include ground snow load; wind design loads; seismic category; potential damage from weathering, frost, and termite; winter design temperature; whether ice barrier underlayment is required; the air freezing index; and the mean annual temperature; (2) heating and cooling equipment design criteria for structures within the scope of the RCNYS. The design criteria shall include the data identified in the Design Criteria Table found in Chapter 3 of the RCNYS; and (3) flood hazard areas, flood hazard maps, and supporting data. The flood hazard map shall include, at a minimum, special flood hazard areas as identified by the Federal Emergency Management Agency in the Flood Insurance Study for the community, as amended or revised with: Page 24 of 29 (i) the accompanying Flood Insurance Rate Map (FIRM); (ii) Flood Boundary and Floodway Map (FBFM); and (iii) related supporting data along with any revisions thereto. (b) The Code Enforcement Officer shall prepare a written record of the climatic and geographic design criteria determined pursuant to subdivision (a) of this section, shall maintain such record within the office of the Code Enforcement Officer, and shall make such record readily available to the public. § 118-15 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 condition assessment reports received; (9) all fees charged and collected; and (10) all other features and activities specified in or contemplated by sections 4 through 14, inclusive, of this chapter. (b) All such records are subject to the Freedom of Information Law. 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. § 118-16 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 14 (Record Keeping) of this chapter and a report and summary of all appeals or litigation pending or concluded. Page 25 of 29 (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. (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, true and complete copies of the records and related materials this Town is required to maintain; true and complete copies of such portion of such records and related materials as may be requested by the Department of State; and/or such excerpts, summaries, tabulations, statistics, and other information and accounts of its activities in connection with administration and enforcement of the Uniform Code and/or Energy Code as may be requested by the Department of State. § 118-17. Violations. (a) Orders to Remedy. 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 chapter. A Violation Notice/Order to Remedy shall be in writing; shall be dated and signed by the Code Enforcement Officer; shall specify the condition or activity that violates the Uniform Code, the Energy Code, or this chapter; shall specify the provision or provisions of the Uniform Code, the Energy Code, or this chapter which is/are violated by the specified condition or activity; and shall include a statement substantially similar to the following: “The person or entity served with this Violation Notice/Order to Remedy must completely remedy each violation described in this Violation Notice/Order to Remedy by [specify date], which is thirty (30) days after the date of this Violation Notice/Order to Remedy.” The Violation Notice/Order to Remedy may include provisions ordering the person or entity served with such Violation Notice/Order to Remedy (1) to begin to remedy the violations described in the Violation Notice/Order to Remedy immediately, or within some other specified period of time which may be less than thirty (30) days; to continue diligently to remedy such violations until each such violation is fully remedied; and, in any event, to complete the remedying of all such violations within thirty (30) days of the date of such Violation Notice/Order to Remedy; and/or (2) to take such other protective actions (such as vacating the building or barricading the area where the violations exist) which are authorized by this chapter or by any other applicable statute, regulation, rule, local law or ordinance, and which the Code Enforcement Officer may deem appropriate, during the period while such violations are being remedied. The Code Enforcement Officer shall cause the Violation Notice/Order to Remedy, or a copy thereof, to be served on the owner of the affected property personally or by registered mail or certified mail within five (5) days after the date of the Violation Notice/Order to Remedy. The Code Enforcement Officer shall be permitted, but not required, to cause the Violation Notice/Order to Remedy, 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 registered mail or certified mail within five (5) days after the date of Violation Notice/Order to Remedy; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Violation Notice/Order to Remedy. Page 26 of 29 (b) Appearance Tickets. The Code Enforcement Officer and each Inspector are authorized to issue appearance tickets for any violation of the Uniform Code. (c) Penalties. In addition to such other penalties as may be prescribed by State law, (1) any Person who violates any provision of this chapter or any term, condition, or provision 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 chapter, shall be punishable by a fine of not more than $250 per day of violation, or imprisonment not exceeding 15 days, or both; and (2) any Person who violates any provision of the Uniform Code, the Energy Code or this chapter, 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 chapter, shall be liable to pay a civil penalty of not more than $250 for each day or part thereof during which such violation continues. The civil penalties provided by this paragraph 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 chapter, or any term or condition of any Building Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit, Order to Remedy, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter. 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 chapter, or any Stop Work Order, Order to Remedy or other order obtained under the Uniform Code, the Energy Code or this chapter, 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 Board of this Town. (e) Exterior Property Maintenance Violations. In the event that a Property Owner fails to comply with the Violation Notice / Order to Remedy of the Code Enforcement Officer to remedy violations of the provisions of the all applicable sections of the Uniform Code, the Energy Code or this local law pertaining to exterior property and the maintenance of exterior property, within the period stated in the Violation Notice / Order to Remedy, the Town shall have the following remedies in addition to all remedies set forth in State, local or other applicable law: (1) If the property owner fails to remedy the condition(s) constituting the violation within the period stated in the Violation Notice / Order to Remedy, the Code Enforcement Officer shall present a compliance and remediation plan (“the Plan”) to the Town Board. The Plan shall detail how the Town may cause the condition(s) to be corrected through reasonable measures and shall include an estimate of the direct cost of such measures, plus legal costs and administrative costs of the town for administering, supervising and handling such work Page 27 of 29 in accordance with the provisions of this local law. (2) If the Town Board adopts the Plan, notice of the Town’s intent to remedy the violation will be provided to the property owner by personal service pursuant to the New York Civil Practice Law and Rules. The notice shall include the following: a. a copy of the proposed Plan; b. that the Town intends to remedy the conditions constituting the violation; c. that the property owner will be billed for the cost of implementing the Plan, in the amount set forth in the Plan, and that upon the property owner’s failure to do so, the cost will be added to the property tax bill for the property; d. that the property owner has 30 days from the date of service of the notice to remedy the condition or request a public hearing before the Town Board on the Plan and the estimated cost thereof. (3) If the property owner requests a public hearing in writing, the Town Board will conduct such hearing and shall publish notice of such hearing and provide a copy of the notice to the property owner by regular and certified mail at least 10 days before the hearing. (4) After such public hearing, the Town Board shall determine whether to modify the plan and/or the cost of measures to remedy the violation. (5) If the Town causes the violation to be remedied in accordance with the Plan, the property owner shall receive a bill for the cost of the remediation as set forth in the Plan, with a notice that if the cost remains unpaid after 30 days, the Town will take the necessary steps to have the cost added to the property owner’s next property tax bill. The bill shall be mailed to the property owner by regular and certified mail. (6) If the sum stated in the bill is not paid within 30 days after mailing thereof to the property owner, the Town may file a certificate with the Tompkins County Department of Assessment stating the cost of abatement and administrative and legal costs to the Town, as detailed in the bill, together with a statement identifying the property and property owner. The Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Dryden. The assessment of such costs shall be effective even if the property would otherwise be exempt from real estate taxation. (f) Collection of unpaid fines and penalties: In the event that a property owner fails to pay fines imposed by Town Court for violation of the provisions of the Uniform Code, the Energy Code, the Stormwater Management and Erosion and Sediment Control Law of the Town of Dryden, or this local law, and/or any civil penalties imposed pursuant to the aforementioned codes and Page 28 of 29 laws, and such fines and penalties remain unpaid thirty days after they were levied, the Town may file a certificate with the Tompkins County Department of Assessment stating the amount of the unpaid fine or penalty, together with a statement identifying the property and landowner. The Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Dryden. The assessment of such costs shall be effective even if the property would otherwise be exempt from real estate taxation.” (g) 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 chapter, in any other section of this chapter, or in any other applicable law. 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 other remedy or penalty specified in this section, in section 6 (Stop Work Orders) of this chapter, in any other section of this chapter, or in any other applicable law. In particular, but not by way of 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 382 of 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. § 118-18. 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 chapter. § 118-19 Intermunicipal Agreements. The Town Board of this Town may, by resolution, authorize the 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 chapter, 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 4. Remainder Except as hereinabove amended, the remainder of the Code of the Town of Dryden shall remain in full force and effect. Page 29 of 29 Section 5. Severability The provisions of this Local Law are severable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words, or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this local law would have been adopted if such illegal, invalid, or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and as if such person or circumstance, to which the local law or part thereof is held inapplicable, had been specifically exempt therefrom. Section 6. Effective Date This Local Law shall take effect immediately upon filing with the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.