HomeMy WebLinkAboutMN-CC-2013-06-05COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. June 5, 2013
PRESENT:
Mayor Myrick
Alderpersons (9) Brock, Dotson, Murtagh, Clairborne, McCollister, Fleming, Smith,
Proulx, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Building - Planning & Development Director – Cornish
Deputy Director of Economic Development - DeSarno
EXCUSED:
Alderperson Kerslick
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
2.1 Mayor’s Appointments:
Mayor Myrick requested the addition of the appointment of Chibo Shinagawa to the
Tompkins County Youth Services Board as the City of Ithaca representative, and the
appointment of William Goldsmith to the Board of Public Works.
No Council Member objected.
SPECIAL ORDER OF BUSINESS:
4. A Public Hearing to Consider the Adoption of a Proposal Regarding all CBD
Zoning Districts
Resolution to Open Public Hearing:
By Alderperson Brock: Seconded by Alderperson Dotson
RESOLVED, That the Public Hearing to consider the adoption of a proposal regarding
all CBD Zoning Districts be declared open.
Carried Unanimously
The following people addressed Common Council in support of the proposal regarding
all CBD zoning districts:
Ethan Ash
Gary Ferguson, Executive Director, Downtown Ithaca Alliance
Kevin Moorin, Tompkins County Chamber of Commerce
Joseph Gaylord, Manager, American Crafts by Robbie Dein
John Guttridge
Christopher Kusznir
John Schroeder, City of Ithaca Planning and Development Board
Mack Travis
Scott Whitham
Ishka Alpern
Joel Harlan
The following people offered suggestions on the proposed re-zoning plan:
Alphonse Pieper, Director of Historic Ithaca, discussed environmental impacts of
downtown re-zoning. He urged separation of the West State Street corridor for
development of design guidelines.
June 5, 2013
2
Deirdre Kursweil, voiced concern regarding accessibility to affordable housing in the
City of Ithaca.
Neha Khanna, urged Common Council to put a new noise ordinance in place before
increasing density downtown.
Eric Rosario, thanked the committee for their work, and expressed his support for the
package in part but noted that the lack of design guidelines for the West State Street
corridor and West State Street historic properties are lacking.
Anne Clavel, expressed opposition to the proposed re-zoning downtown for the section
of Albany Street west.
Mary Tomlan, submitted her concerns about the proposed rezoning to Common council
via e-mail
Resolution to Close Public Hearing:
By Alderperson Fleming: Seconded by Alderperson Mohlenhoff
RESOLVED, That the Public Hearing to consider the adoption of a proposal regarding
all CBD Zoning Districts be declared closed.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Acting Police Chief John Barber responded to comments made at last month’s Common
Council meeting about acts of racism in the Ithaca Police Department.
Joel Harlan, Town of Newfield, responded to comments made at last month’s Common
Council meeting about racism and voiced concern regarding the Ithaca Community
Gardens.
Audrey Cooper and Brooke Hansen expressed support for the proposed resolution on
the agenda entitled “Resolution in support of the Two-Row Wampum Renewal
Campaign”. Ms. Cooper noted that 2013 is the 400th year of the treaty and educational
activities will be held throughout the year in celebration. She further thanked Mr. Bush
for his years of service to the Community Police Board.
Jeffrey D. Walker, Attorney for The Westy bar, voiced support for the proposed
revisions to the City’s noise ordinance and shared issues the bar is having with
neighbor complaints about noise and the actions the bar owners have taken to mitigate
the impact on the surrounding residential area.
Scott Morris, Coordinator for Ithaca Hours currency, encouraged Common Council to
consider “Ithaca Hours” a local economic development asset and voiced his support for
a community currency system.
Pete Meyers expressed support for the Two-Row Wampum Renewal Campaign and for
Mr. Bush’s reappointment to the Community Police Board.
Justin McGuire, Lot 10 restaurant/bar owner, voiced support for the proposed revisions
to the noise ordinance and for the hiring of a consultant to work on it.
Andrea Lavine, Community Police Board member, expressed her support for the Two
Row Wampum Campaign, and encouraged Common Council to reappoint Mr. Bush to
the Community Police Board.
Eric Rosario, City of Ithaca, stated his belief that the Community Police Board needs
more power to be effective and voiced his support for reforms. He stated that
appointments to boards and committees are the Mayor’s prerogative.
June 5, 2013
3
The following people expressed support for the reappointment of Mr. Bush to the
Community Police Board and to voice concerns about racism in the community:
Gino Bush
Paula Ioanide
Dr. James Turner
Clare Grady
Rick James
Jim Murphy
Neil Oolie
Ishka Alpern
Kayla Young
Kenton Cobb
Kenneth Glover
Kat (no last name given)
Katherine Crome
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Myrick explained Common Council’s role in voting for appointments to the City’s
various boards and committees. He stated that he was bothered by last month’s Council
meeting because he felt that he failed to explain his intentions about the appointment to
the Community Police Board to Common Council members adequately. He then read
the following statement for the record:
“When I took office in January of 2012 the Community Police Board (CPB) was nearly
dead. There were only three active members and six vacancies. Most members of the
Department were refusing to work with the CPB. There was serious talk of formally
abolishing the board or, at the least, allowing it to become completely inactive.
But one of my top priorities has been improving police-community relations and I believe
that the CPB can be an effective part of that effort. When it functions properly the Board
recognizes officers who do an outstanding job and and holds accountable those who
don’t by investigating complaints and recommending sanctions.
So, instead of allowing the CPB to die away, my administration undertook a series of
reforms to bring it back to life. Today, because of changes we’ve made to the CPB’s
processes and an active recruitment push from my office the Board is once again on the
right track.
Most recently I’ve nominated Johnny Wright, 49 year resident of the City of Ithaca, to sit
on the Community Police Board. His experience in our community, his level-
headedness, and his common sense wisdom make him a uniquely qualified candidate.
He would work to return the CPB to productivity alongside the CPB Chairs Rick Rogers
and Shirley Kane and the other appointments made in my term: E. Alex Brower, Marion
Craig DaGrossa, Carl Edward Baker, Ralph LaPadula, and Andrea Levine.
For those reasons I fervently hope that Common Council will confirm his appointment.
The appointment has become a controversial one - not because of concern about Mr.
Wright - but because he would fill a vacancy left by the expiration of Gino Bush’s term.
Mr. Bush’s term expired in December of 2010 but he was not reappointed by Mayor
Peterson and I have not recommended his reappointment. In three one-on-one
meetings with Mr. Bush over the course of 16 months I have told him directly why he
would not be reappointed.
The ‘Shawn Greenwood Working Group’ has claimed that Mr. Bush was not
reappointed because the Police Benevolent Association (IPD’s union) was unhappy with
an editorial he wrote to the Ithaca Journal about historical acts of violence and racism in
America.
That is flatly untrue. The PBA did take issue with the editorial Mr. Bush wrote in 2010
but I was only made aware of the editorial after I decided not to reappoint Mr. Bush.
June 5, 2013
4
The truth is I’ve decided not to reappoint Mr. Bush because in his time as a
Commissioner he has failed to perform the CPB’s most important responsibility.
The City of Ithaca Charter states that “the Community Police Board shall act as
community liaison to the Police Department, actively fostering positive communication
between police and all segments of the community.”
I like Mr. Bush a great deal. He is a good man, a great neighbor and a consistent
advocate for the historically oppressed. In fact his work with the recently incarcerated
and those struggling with addiction have earned him my gratitude and my undying
respect.
In my meetings with the Mayor Peterson, current and former CPB Commissioners, and
current and former members of the Ithaca Police Department it has become clear to me
that Mr. Bush is not an effective liaison and has not actively fostered positive
communication between the police and all segments of the community.
His attendance is poor (attending only 8 out of the previous 14 meetings), he has been
disruptive at meetings, and he has personally insulted individual members of the Ithaca
Police Department by - among other things - condemning large swaths of white officers
as racists and using demeaning and insulting racial epithets to question the integrity of
black officers.
As a result previous CPB commissioners have resigned or asked not to be reappointed
and many officers now refuse to work with the Board at all. The CPB, which should be a
positive tool to improve the IPD and enhance their relationship with the community, has
instead been an essentially inactive board.
Supporters of Mr. Bush’s reappointment rightly point out that while Gino’s style isn’t
always appropriate, he does voice the concerns of some members of our community.
They say that racism exists and is still a factor in modern day policing.
I couldn’t agree more. We have an excellent Police Department full of skilled and
professional officers, but like every organization we must be vigilant about rooting out
individual and institutional racism.
The question is: how do we get there? Further insults and division? No, progress is
made through collaboration, honest conversation, and a willingness to hold all sides
accountable.
In the past two years we have removed problematic officers from our Department,
improved internal investigation protocols, enhanced our communication with the public
all while attempting to provide consistent direction and discipline for our officers. There
is still a great deal of work to do, and I remain committed to doing it.
But still an important piece of the puzzle is missing. A strong, active and effective
Community Police Board that will serve as the liaison between the police and the
community is what is needed. Mr. Wright can be that missing piece and we can
continue the long, difficult work of creating trust where there is little and forging an even
better Ithaca Police Department.”
Alderperson Murtagh explained that he was glad the vote on the appointment to the
Community Police Board was slowed down so that Council members could fully
understand the motivations of the people who spoke in support of Gino Bush. He stated
that he was impressed with the courage displayed by Mr. Bush’s supporters to open up
and share their experiences with the Ithaca Police Department. He was also impressed
by Acting Police Chief Barber’s humility, patience, and his request to be given an
opportunity to respond to concerns that were raised about possible racism within the
department. He further pledged to do all he can to work with the community and the
police department to work these issues out.
June 5, 2013
5
Alderperson Clairborne stated that he would save his comment regarding the
Community Police Board until that item comes up for a vote, later in the meeting. He
thanked the speakers for sharing their thoughts and concerns. He announced the
following upcoming events in the community, and encouraged everyone to attend:
June 7, 2013 – Viewing of “Gasland Part II”
June 8, 2013 – GIAC Festival
June 15, 2013 – Juneteenth Celebration
June 12 and 19, 2013 – Viewing of the video “U20” at GIAC – dinner and a movie
beginning at 5:30 p.m.
Alderperson Dotson stated that she would hold her comments on the proposed re-
zoning of downtown until when those items are discussed later in the meeting. She
thanked the speakers for their comments and the Mayor for saying things that needed
to be said about appointments to the Community Police Board. She noted the
importance of this decision and stated that the community should not rely solely on Mr.
Bush to do all the work on their behalf. She said that the police department needs to be
part of the solution in improving relationships within the community and that we need to
look for change through leadership. She encouraged community members to continue
to work together on these difficult issues.
Alderperson Proulx thanked the speakers for their comments. He noted that the City’s
strategic themes include words that the community has expressed that they don’t
believe, and that is Council’s challenge. He stated that a framework for this work exists,
now we need to figure out what the next steps are.
Alderperson Mohlenhoff thanked the speakers for their comments and to the people
who organized the community meeting. She noted that the speakers have been heard.
One of the messages she heard was that Common Council should look at the mission
of the Community Police Board and bring about reform. She stated that the
Government Performance and Accountability Committee can help bring about that
change by amending legislation. She further noted that the Mayor will be appointing a
new Police Chief soon as well. She stated that it is difficult to hear broad brush
statements that entire police force is racist, noting that the motivation to make a new
appointment to the Community Police Board did not come from the Police Benevolent
Association.
Alderperson Brock noted that a lot of passion has been expressed by many community
members. She stated that work has to be done to establish communication and trust
between the community and the police department. She stated that Mr. Bush represents
a voice that does not have another medium through which to communicate. She
supports changes to the Community Police Board, and noted that it is essential to have
Mr. Bush continue to serve on the board.
15.2 Community Police Board – Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Smith
RESOLVED, That Johnny L. Wright be appointed to the Community Police Board to
replace Gino Bush with a term to expire December 31, 2013.
Alderperson Clairborne thanked Mr. Bush and Ms. Ioanide for getting people to come to
these meetings to force this important conversation, and he thanked all of those who
wish to be part of the solution. He voiced his support for the Acting Police Chief who
has worked hard to bring about change and the good officers in the police department.
He noted that Mr. Wright is a valued community member but voiced his concern
regarding the fact that this is a 7 month appointment. He also shared his concerns
about the open wound in the community that has never been healed due to the lack of
answers about the shooting death of Shawn Greenwood and the other factors involved
with this appointment. He stated that he does not want to be in the position of choosing
between the two men as they both are good men with good qualities, so he will decline
from voting.
June 5, 2013
6
Call the Question:
The question was called on the resolution.
Ayes (5) Murtagh, McCollister, Fleming, Smith, Mohlenhoff
Nays (4) Proulx, Brock, Dotson, Clairborne
Abstentions (0)
Carried (5-4)
A vote on the Resolution resulted as follows:
Ayes (7) Dotson, Murtagh, McCollister, Fleming, Smith, Mohlenhoff,
Proulx
Nays (1) Brock
Abstentions (0)
Alderperson Clairborne did not vote
Carried (7-1)
CONSENT AGENDA ITEMS:
City Clerk’s Office:
8.1 Mia Noodle Bar and Restaurant Alcohol Permit Request - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson McCollister
WHEREAS, the City Clerk has received a request to allow Mia Noodle Bar and Restaurant
to utilize certain areas along the Primary Commons for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Mia Noodle Bar and Restaurant, including the responsible sale and
consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2013, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Mia Noodle Bar and
Restaurant that includes the sale of alcohol in accord with the terms and conditions set
forth in application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried 8-0
(Alderperson Dotson absent from vote)
8.2 Ithaca Ale House Alcohol Permit Request - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson McCollister
WHEREAS, the Ithaca Ale House has requested permission to utilize certain areas along
Aurora Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Ithaca Ale House, including the responsible sale and consumption of
alcohol, is desirable, and
June 5, 2013
7
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2013, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Ithaca Ale House
that includes the sale of alcohol in accord with the terms and conditions set forth in
application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried 8-0
(Alderperson Dotson absent from vote)
8.3 Finance, Budget and Appropriations - Authorization to Execute Fund
Transfers at Tompkins Trust - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson McCollister
WHEREAS, the City of Ithaca maintains accounts at Tompkins Trust Company, and
WHEREAS, from time to time the City initiates transfers from its accounts at Tompkins
Trust Company in order to transact the business of the City, and
WHEREAS, Tompkins Trust Company requires a Funds Transfer Agreement, defining
the terms under which such transfers are made, now therefore be it
RESOLVED, That Debra Parsons, as City Chamberlain, is authorized to execute the
Funds Transfer Agreement in order to transact such transfers as necessary.
Carried 8-0
(Alderperson Dotson absent from vote)
8.4 DPW – Request to Transfer Funds From Contingency Account for Division
of Parking Accounts - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson McCollister
WHEREAS, as part of the 2013 Authorized City of Ithaca Budget, the Restricted
Contingency Account included $81,464 in funds to hire a Director of Parking position,
office expenses and related fringe benefits, and
WHEREAS, applications for the Director of Parking are currently being reviewed by staff
with the intent to hire for the position within the next few weeks, and
WHEREAS, City staff need to establish the accounts for the Director of Parking and the
related expenses, and
WHEREAS, at a later date it will be determined if we will move related parking
expenses from the Police Department Budget and other Department of Public Works
budgets, into these new Division of Parking Accounts; now, therefore, be it
RESOLVED, That Common Council hereby transfers an amount not to exceed $81,464
from Account A1990 Restricted Contingency to the following accounts for the purpose
of establishing the Department of Public Works Division of Parking:
A5650-5105 Administrative Salaries $52,500
A5650-5405 Telephone 1,000
A5650-5425 Office Expense 3,000
A5650-5440 Staff Development 2,000
A5650-9010 State Retirement 6,038
A5650-9030 FICA/Medicare 4,016
A5650-9040 Workers’ Compensation 1,050
A5650-9060 Health Insurance 11,679
A5650-9070 Dental 181
$81,464
Carried 8-0
(Alderperson Dotson absent from vote)
June 5, 2013
8
8.5 Access Oversight Committee - Adoption of the 2014 Public, Education,
and Government (PEG) Access Studio Capital Budget - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson McCollister
WHEREAS, the Franchise Agreement between Time Warner Entertainment and the
City of lthaca signed in 2003 authorizes Time Warner Entertainment -
Advance/Newhouse Partnership to collect $.15 per subscriber per month to be used
for the purchase of equipment for the public, educational, and governmental (PEG)
Access Studio, and
WHEREAS, the total capital budget for the life of the 10-year agreement was
estimated to be $200,000, and
WHEREAS, the Franchise Agreement outlines the creation of an Access Oversight
Committee that shall be responsible for approving the timing, use, and amount of
PEG access equipment acquired each year over the term of the agreement, and
WHEREAS, the Access Oversight Committee has approved a 2014 capital budget in
the amount of $30,000, and
WHEREAS, the Franchise Agreement states that participating municipalities,
including the City of Ithaca, must adopt the annual PEG Access Studio Budget by
June 30 of the preceding year; now, therefore be it
RESOLVED, That Common Council adopts the 2014 PEG Access Studio
Budget as approved by the Access Oversight Committee at its regular meeting
on May 6, 2013.
Carried 8-0
(Alderperson Dotson absent from vote)
GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE:
9.1 A Local Law to Assign the Building Commissioner’s Powers and Duties to
the Director of Planning and Development, the Director of Zoning Administration,
and the Director of Code Enforcement
By Alderperson Mohlenhoff: Seconded by Alderperson Proulx
WHEREAS, via Local Law No. 4 - 2012 the Department of Planning, Building, and
Development was formed through the combination of the Department of Planning and
Development and the Building Department, and
WHEREAS, New York State has granted to the City the power to organize its own
government and departments therein as the City deems necessary, and
WHEREAS, The Common Council has determined that certain operations of the City’s
government could efficiently be consolidated and overseen by a single department head
rather than by multiple separate departments, and
WHEREAS, the Building Commissioner is the City’s Code Enforcement Officer, charged
with the responsibility of enforcing laws, ordinances, rules, and regulations of the City,
and
WHEREAS, the Director of Planning and Development, with the assistance of the
Director of Zoning Administration and the Director of Code Enforcement, is well
equipped to handle the code enforcement functions formerly performed by the Building
Commissioner; now, therefore,
Local Law 2013 –
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
June 5, 2013
9
Section 1. Legislative Intent and Purpose.
The Common Council of the City of Ithaca determines that it is in the interest of the
public welfare to transfer all powers, duties, and functions of the Building Commissioner
to the Director of Planning and Development, the Director of Zoning Administration, and
the Director of Code Enforcement. The position of the Building Commissioner shall
cease to exist, and all powers, duties, and functions otherwise possessed by the
Building Commissioner shall hereafter be the powers, duties, and functions of the office
herein designated, or failing that, of the Director of Planning and Development.
Section 2. The City of Ithaca Charter is hereby amended as follows:
Article II – City Officers
§C-5 Elective and appointive officers.
The text of Section C-5(C)(4)(b) is hereby amended as follows:
(b) Officers who are appointed by the Mayor with the approval of Common Council to a
specific department: City Chamberlain as appointed to the Office of the City Controller.
[; Building Commissioner as appointed to the Department of Planning, Building, and
Development.]”
The text of Section C-5(C)(5) is hereby amended as follows:
“(5) Officers who serve as the deputies or assistant department heads of their
respective departments, and who are appointed by their respective department heads:
Assistant City Attorney(s), Assistant Superintendent(s) of Public Works[, Deputy
Building Commissioner(s)], Deputy City Chamberlain, Deputy City Clerk, Deputy
Controller, Deputy Director of Human Resources, Deputy Director of Economic
Development, Deputy Director of Planning and Development, Deputy Fire Chief(s),
Deputy Greater Ithaca Activities Center Director, Deputy Police Chief(s), Deputy Youth
Bureau Director.”
§C-15. Building Commissioner.
Section C-15 of the Ithaca City Charter is hereby amended as follows:
ҤC-15 Director of Planning and Development [Building Commissioner]
The Director of Planning and Development or the Director of Code Enforcement, if
so designated by the Director of Planning and Development, [Building
Commissioners] shall serve as the enforcement officer of all laws, ordinances, rules and
regulations, codes and orders applicable to the use of land and the location, design,
materials, construction, alteration, repairs, equipment, maintenance, use, occupancy,
removal and demolition of the buildings and structures and their appurtenances located
in the City. The Director of Planning and Development[Building Commissioner] shall
have such deputies and assistants as the Common Council shall authorize.[ The
compensation of the Building Commissioner shall be fixed by the Common Council.]
The Director of Planning and Development or the Director of Code Enforcement, if
so designated by the Director of Planning and Development, [Building
Commissioner] and his or her designees shall have the authority to issue appearance
tickets in accordance with Article 150 of the New York State Criminal Procedure Law as
provided by Municipal Home Rule Law Subdivision 4(a) of § 10 for the enforcement of
any statute, local law, ordinance, rule or regulation relating to any matters under the
authority of the Director of Planning and Development[Building Commissioner].”
§C-24 Examining Board of Electricians.
The text of Section C-24(A) is hereby amended as follows:
“A. Membership. There is hereby established for the City of Ithaca an Examining
Board of Electricians. One member of this Board shall be the Electrical Inspector;
one shall be the Director of Planning and Development [Building
Commissioner] or his/her designee; and the remaining three, who shall be
residents of the City of Ithaca, shall be appointed by the Mayor subject to the
approval of the Common Council, namely, two master electricians licensed by
the City of Ithaca and one member at large. The first appointments shall be for
one, two and three years respectively, and afterwards for terms of three years.”
June 5, 2013
10
Section 3. Chapter 1 of the City of Ithaca Municipal Code entitled “General Provisions”
is hereby amended as follows:
Article I - Penalties
§1-1 Penalties for Offenses
The text of Section 1-1(C) is hereby amended as follows:
“C. Notwithstanding any contrary Code provision, appearance tickets may be issued by
the Director of Planning and Development[Building Commissioner] and/or the
Director’s [Commissioner's] designee(s) charging violations of any of the above
sections whenever there is probable cause to believe that said violations have occurred.
Any rights to administrative appeals to any board or commission of the City of Ithaca
mentioned in any subsequent section of this Code shall not apply as a condition
precedent to issuing an appearance ticket charging a violation of any of the above-listed
Code sections. Any right to an administrative appeal from a decision or determination of
the Director of Planning and Development[Building Commissioner] or other City
official with regard to the above Code sections shall apply only in cases in which the
City intends to correct the violation and seek to charge the property owner or other
responsible party for the costs of correction.”
Section 4. Chapter 210 of the City of Ithaca Municipal Code is hereby amended as
follows:
Article XIV – Penalties
§210-86. Penalties for offenses.
The text of Section 210-86(B) is hereby amended as follows:
“B. Every person who shall fail to comply with a violation order issued by the Director of
Planning and Development or designee[Building Commissioner] within the time limit
stated shall be guilty of an offense and, upon conviction, shall be punishable by a fine of
not less than $250 nor more than $500. Each day that a violation continues shall be a
separate offense.”
Section 5. Chapter 282 of the City of Ithaca Municipal Code entitled “Stormwater
Management and Erosion and Sediment Control” is hereby amended to read as follows:
Article I – General Provisions
§282-8. Administration.
The text of Section 282-8(B) is hereby amended to read as follows:
“B. The Mayor, on behalf of the City of Ithaca, and in consultation with the
Superintendent of Public Works and the Director of Planning and
Development[Building Commissioner], shall designate a Stormwater Management
Officer (SMO), who shall administer, implement and enforce the provisions of this Part
1.”
Section 6. Chapter 325 of the City of Ithaca Municipal Code is hereby amended as
follows:
§325-40. Board of Appeals; variances.
The text of Section 325-40(A)(1) is hereby amended to read as follows:
“(1) Appointment of members. The Mayor, with the consent of the Common Council,
shall appoint a Board of Appeals consisting of five members. The Board of Appeals, at
the first regular meeting each year, shall elect one of its own members as Chairperson.
In the absence of the Chairperson at any meeting, the Board of Appeals may designate
a member to serve as Acting Chairperson. The Director of Zoning
Administration[Building Commissioner] or the designee of the Director of Planning
and Development shall be the Secretary of the Board of Appeals. In making such
appointments, the Mayor may require Board of Appeals members to complete training
and continuing education courses.”
June 5, 2013
11
The text of Section 325-40(B)(2)(e) is hereby amended as follows:
“(e) Notices to the public. If a variance, interpretation or a special permit is requested,
the appellant shall send notice of the same by mail to all property owners within 200 feet
of the boundaries of the lot under consideration. Such notice shall state the relief
sought, the type of use contemplated and such additional information as shall be
required by the Director of Zoning Administration or the designee of the Director of
Planning and Development[Building Commissioner] and shall be mailed five days
prior to the meeting of the Planning Board which next precedes the public hearing.
Proof of such mailing shall be filed with the Board of Appeals prior to the holding of the
public hearing.”
Section 7. Severability. If any clause, sentence, paragraph, section, or part of this
Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair, or invalidate the remainder thereof but shall be
confined in its operation to the clause, sentence, paragraph, section, or part thereof
directly involved in the controversy in which such judgment shall have been rendered.
Section 8. Effective Date. This Local Law shall take effect on January 1, 2014 if and
after its adoption through referendum, and after filing in the office of the Secretary of
State. This Local Law is subject to referendum in November 2013 pursuant to
Municipal Home Rule Law Section 23.
Alderperson Brock noted that she appreciates the hard work that went into developing
this legislation; however, she is concerned that this change came through the budget
process and not as a result of strategic planning or efficiency evaluations. She stated
that centering this much responsibility in one position could lead to abuse of power, and
that she still remains conflicted about the merging of these two departments.
Alderperson Clairborne stated that he would not support this legislation as it is too much
work for one person without a deputy. He feels that Council did not fully evaluate this
change and compared it to the process that was followed in developing the new Parking
Director position.
Alderperson McCollister noted that she thought the legislation was straight forward and
provides a level of flexibility.
A vote on the Local Law resulted as follows:
Ayes (7) Dotson, Murtagh, McCollister, Fleming, Smith, Mohlenhoff,
Proulx
Nays (2) Brock, Clairborne
Abstentions (0)
Carried
9.2 An Ordinance to Amend the City of Ithaca Municipal as it Relates to the
Assignment of the Building Commissioner’s Powers and Duties to the Director of
Planning and Development, the Director of Zoning Administration, and the
0Director of Code Enforcement
By Alderperson Mohlenhoff: Seconded by Alderperson Dotson
ORDINANCE - 2013
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. The City of Ithaca Municipal Code is hereby amended as follows:
Section 2. Chapter 4 of the City of Ithaca Municipal Code entitled “Administration of
Government is hereby amended as follows:
June 5, 2013
12
Article V – Department of Planning, Building, and Development.
§4-22. Establishment; Director.
The text of a new subsection L shall be added to read as follows:
“L. Administration and assurance of compliance with housing standards, as specified in
Section 210-75 of the Ithaca City Code.”
The text of the existing subsection L of Section 4-22 shall now become subsection M
beneath the new subsection L hereby created.
Section 3. Chapter 48 of the City of Ithaca Municipal Code entitled “ Emergency
Preparedness” is hereby amended to read as follows:
§ 48-7. Powers and duties of officials.
The text of §48-7 (H) is hereby amended as follows:
“H. The Director of Planning and Development or his/her designee [Building
Commissioner of the city] will be responsible for safety inspection of damaged homes
and businesses before evacuees are allowed to reoccupy such buildings.”
Section 4. Chapter 146 of the City of Ithaca Municipal Code entitled “Building Code
Enforcement” is hereby amended as follows:
§ 146-2. Compliance required.
The text of Section 146-2 is hereby amended to read as follows:
Ҥ 146-2 Compliance Required.
No person shall construct, alter, repair, move, remove, demolish, equip, occupy, use or
maintain any building, structure or portion thereof in violation of any provision of this
chapter, the New York State Uniform Fire Prevention and Building Code, the Energy
Code, this Municipal Code, laws, ordinances, rules and regulations of any agency
having jurisdiction over the subject matter nor fail to comply with lawful orders of the
Director of Planning and Development[Building Commissioner of the City] or his/her
designee, nor shall any person engage in any trade or occupation required to be
licensed pursuant to the provisions of this chapter without first obtaining the proper
license provided for hereunder, nor shall any person engage in any trade or occupation
required to be registered pursuant to the provisions of this chapter without first properly
registering as provided for hereunder.”
§146-3. Definitions.
The text of the definition of “Code Enforcement Officer” is hereby amended to read as
follows:
“CODE ENFORCEMENT OFFICER - The Director of Planning and
Development[Building Commissioner] or the Director of Code Enforcement if so
designated by the Director of Planning and Development [her/his assistants
appointed] pursuant to § 146-4A, 146-4B, 146-4C and working under the supervision of
the Director of Planning and Development[Building Commissioner].”
The text of the definition of “Code Enforcement Personnel” is hereby amended to read
as follows:
“CODE ENFORCEMENT PERSONNEL - Shall include the Director of Planning and
Development[Building Commissioner], Director of Code Enforcement[Deputy
Building Commissioner], Senior Plan Examiner, Plan Review Officer, and all
inspectors.”
Article II – Administration and Enforcement
§ 146-4. Administrative officers and functions.
The text of Section 146-4 is hereby amended to read as follows:
June 5, 2013
13
Ҥ 146-4 Administrative officers and functions.
A. The Office of Code Enforcement Officer is hereby created. The Office of Code
Enforcement Officer shall be the Department of Planning, Building, and Development.
The Code Enforcement Officer shall administer and enforce all the provisions of the
Uniform Code, the Energy Code and this chapter. The Director of Planning and
Development[Building Commissioner] or the Director of Code Enforcement if so
designated by the Director of Planning and Development shall be the Code
Enforcement Officer for the City of Ithaca.
Notwithstanding any other provision of the City Code, all powers, responsibilities,
procedures, rights, and penalties in this Code or in rules created thereunder specifying,
compelling, or permitting the administration, enforcement or other participation of the
“Building Department” [or the “office of the Building Commissioner” ]shall be invested in
and associated with the Department of Planning, Building, and Development, wherein
the Director of Planning and Development[Building Commissioner] or the Director
of Code Enforcement if so designated by the Director of Planning and
Development shall serve as the Code Enforcement Officer as specified in Chapter 146
of the City Code.
B. Director of Planning and Development[Building Commissioner]. The Director of
Planning and Development[Building Commissioner] or the Director of Code
Enforcement if so designated by the Director of Planning and Development 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 Director of Planning and
Development[Building Commissioner] or the Director of Code Enforcement if so
designated by the Director of Planning and Development [Building Commissioner]
shall obtain certification from the State Fire Administrator pursuant to the Executive Law
and the regulations promulgated thereunder. In the event that the Director of Code
Enforcement[Building Commissioner] is unable to serve as such for any reason, an
individual shall be appointed by the Mayor to serve as Acting Director of Code
Enforcement [Building Commissioner]. The Acting Director of Code Enforcement
[Building Commissioner] shall, during the term of his or her appointment, exercise all
powers and fulfill all duties conferred upon the Director of Code Enforcement [Building
Commissioner] by this chapter.
C. Code enforcement personnel. The Director of Planning and Development[Building
Commissioner] may appoint, with the approval of the Common Council, one or more
Deputy Directors of Code Enforcement[Deputy Building Commissioners], Senior Plan
Examiners, Plan Review Officers, Code Inspectors, Building Inspectors, Housing
Inspectors and other code enforcement personnel as necessary to work under his/her
supervision and to assist the Director of Planning and Development[Building
Commissioner] in the exercise of the powers and fulfillment of the duties conferred upon
the Director of Planning and Development[Building Commissioner] by this chapter.
Each code enforcement personnel 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 code
enforcement personnel shall obtain certification from the State Fire Administrator
pursuant to the Executive Law and the regulations promulgated thereunder.
D. Plumbing Inspector. The Plumbing Inspector, under the supervision of the
Superintendent of Public Works, shall inspect all plumbing work within the jurisdiction of
this chapter and determine its compliance with the plumbing standards in effect in this
City.
E. Electrical Inspector. The Electrical Inspector, under the supervision of the Director of
Planning and Development[Building Commissioner], shall inspect all electrical
installations within the jurisdiction of this chapter and determine their compliance with all
applicable electrical codes and standards in effect in the City of Ithaca.
June 5, 2013
14
F. Enforcement.
(1) The Director of Planning and Development[Building Commissioner] or
his/her designee shall be responsible for the enforcement of the New York State
Uniform Fire Prevention and Building Code, hereafter referred to as the "Uniform
Code." The New York State Energy Conservation Construction Code, the City of
Ithaca Zoning Ordinance, and all other codes and ordinances applicable to
building construction and land use, and shall have the power to stop work not
conforming to the Building Code or being done in a generally careless or
hazardous manner. The City of Ithaca Fire Marshal shall be responsible for
enforcement of the Fire Code of NYS (see Chapter 181).
(2) The Director of Planning and Development[Building Commissioner] or
his/her designee shall receive and examine all plans and specifications for
proposed new work, repairs, alterations, changes of use or removals and shall
record and file the same for safekeeping.
(3) The Director of Planning and Development[Building Commissioner] or
his/her designee shall receive, review, and approve or disapprove applications
for building permits, certificates of occupancy, certificates of completion,
temporary certificates of occupancy and the plans, specifications and
construction documents submitted with such applications.
(4) The Director of Planning and Development[Building Commissioner] or
his/her designee, upon approval of such applications, shall issue building
permits, certificates of occupancy, certificates of completion and temporary
certificates of occupancy, and include in building permits, certificates of
occupancy, certificates of completion and Temporary certificates of occupancy
such terms and conditions as the Code Enforcement Officer may determine to be
appropriate.
(5) The Director of Planning and Development[Building Commissioner] or
his/her designee shall have the authority to conduct construction inspections,
inspections to be made prior to the issuance of certificates of occupancy,
certificates of completion and Temporary certificates of occupancy, 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.
(6) The Director of Planning and Development[Building Commissioner] or
his/her designee shall have the authority to issue stop-work orders.
(7) The Director of Planning and Development[Building Commissioner] or
his/her designee shall have the authority to review and investigate complaints.
(8) The Director of Planning and Development[Building Commissioner] or
his/her designee shall have the authority to issue compliance orders.
(9) The Director of Planning and Development[Building Commissioner] or
his/her designee shall have the authority to collect all applicable fees as set by
this chapter.
(10) The Director of Planning and Development[Building Commissioner] or
his/her designee shall have the authority to pursue administrative enforcement
actions and proceedings.
(11) The Director of Planning and Development[Building Commissioner] or
his/her designee shall have the authority 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.
June 5, 2013
15
(12) The Director of Planning and Development[Building Commissioner] or
his/her designee shall have the authority to exercise all other powers and fulfill
all other duties conferred upon the Code Enforcement Officer by this chapter.
G. Records.
(1) The Director of Planning and Development[Building Commissioner] or
his/her designee shall maintain records of all building operations and particulars
thereof in his/her jurisdiction.
(2) All such records, together with all drawings, specifications, statements, etc.,
so filed, shall be considered public records and shall be open for inspection at
reasonable times, but the copying of any drawing, specification or part thereof
without the consent of the architect, engineer or owner of the structure is hereby
forbidden.
H. Right to enter buildings. The Director of Planning and Development[Building
Commissioner] or the [Building Commissioner's] authorized representatives of the
Director of Planning and Development shall have the right of entry, at all reasonable
hours, to any building or site where work is contemplated or being done under the
provisions of this chapter, or to any building alleged to be unsafe to life or health, upon
the exhibition of proper evidence of authority; and interference with such authorized
entry in an official capacity shall be punishable as a violation of this chapter.
I. Inspection of buildings. The Director of Planning and Development[Building
Commissioner] or his/her designee[deputy] shall examine all buildings upon which or
within which work is being done under the provisions of this chapter as often as
practicable during the progress of the work; and particularly, the Director of Planning
and Development[Building Commissioner] shall visit as often as may be necessary all
construction, alteration or removal jobs where a special hazard to public safety may be
involved and shall promptly follow up all complaints, inquiries and discrepancies
occurring in connection with the building operation under his/her jurisdiction.
J. Issuance of appearance tickets. The Director of Planning and
Development[Building Commissioner] or his/her[the Building Commissioner's]
designee is authorized to issue appearance tickets in accordance with Article 150 of the
New York State Criminal Procedure Law.
K. Compliance orders.
(1) The Director of Planning and Development[Building Commissioner] or
his/her designee 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. Upon finding that
any such condition or activity exists, the Director of Planning and
Development[Building Commissioner] or his/her designee shall issue a
compliance order. The compliance order shall:
(a) Be in writing;
(b) Be dated and signed by the Director of Planning and
Development[Building Commissioner] or his/her designee;
(c) Specify the condition or activity that violates the Uniform Code, the
Energy Code, or this chapter;
(d) 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;
June 5, 2013
16
(e) Specify the period of time which the Director of Planning and
Development[Building Commissioner] or his/her designee deems to be
reasonably necessary for achieving compliance;
(f) Direct that compliance be achieved within the specified period of time;
and
(g) State that an action or proceeding to compel compliance may be
instituted if compliance is not achieved within the specified period of time.
(2) The Director of Planning and Development[Building Commissioner] or
his/her designee shall cause the compliance order, or a copy thereof, to be
served on the owner of the affected property personally or by registered mail.
The Director of Planning and Development[Building Commissioner] or his/her
designee shall be permitted, but not required, to cause the compliance order, or
a copy thereof, to be served on any builder, architect, tenant, contractor,
subcontractor, construction superintendent, or their agents, or any other person
taking part or assisting in work being performed at the affected property
personally or by registered mail; provided, however, that failure to serve any
person mentioned in this sentence shall not affect the efficacy of the compliance
order.”
§ 146-5. Building Permits.
The text of Section 146-5(E) is hereby amended to read as follows:
“E. Construction documents. Plans shall be drawn to scale, for principal working
drawings not less than 1/8 inch to one foot, except that extensive plot plans may be
drawn at a smaller scale in the discretion of the Director of Planning and
Development[Building Commissioner]. Details at larger scales or parts on which
particular information is required shall be furnished to the Code Enforcement Officer as
required. Specifications shall be true and legible copies, suitably arranged and
paragraphed so as to be conveniently read and so prepared as to leave no uncertainty
as to materials and quality of construction required. Plans for sheds and other
construction of minor importance will be acceptable if rough-sketched but with accurate
dimensions. It shall be unlawful to make any change in either drawings or specifications
after a permit has been granted, except as such change involves no appreciable
difference in the terms of the application or permit. 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. One set of the accepted
construction documents shall be retained by the Building Department, 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 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 the building
permit will be issued. Work shall not commence until and unless a building permit has
been issued.”
The text of Section 146-5(G) is hereby amended to read as follows:
“G. Disposal of plans. Plans and specifications for all buildings of a public nature or for
other buildings three or more stories in height or intended to be occupied by a
hazardous industry or business shall become the property of the office of the Director
of Planning and Development[Building Commissioner]. Plans and specifications other
than those described above shall be kept on file for a period of two years from the date
of completion of construction and may be returned to the owner upon request if so
requested within 30 days, after which time they may be destroyed.”
§ 146-7. Stop-work orders.
The text of Section 146-7(B)(2) is hereby amended to read as follows:
June 5, 2013
17
“B. Content of stop-work orders. Stop-work orders shall:
(2) Be dated and signed by the Director of Planning and Development[Building
Commissioner] or authorized code enforcement personnel.”
The text of Section 146-7(C) is hereby amended to read as follows:
“C. Service of stop-work orders. The Director of Planning and Development[Building
Commissioner] or authorized code enforcement personnel 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 first class mail.
The Director of Planning and Development[Building Commissioner] or authorized
code enforcement personnel 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 first class
mail; provided, however, that failure to serve any person mentioned herein shall not
affect the efficacy of the stop-work order.”
§146-8. Certificates of occupancy and certificates of completion.
The text of Section 146-8(C) is hereby amended to read as follows:
“C. Issuance of certificates of occupancy and certificates of completion. The Director
of Planning and Development[Building Commissioner] or authorized code
enforcement personnel shall issue a certificate of occupancy or certificate of completion
if the work which was the subject of the building permit was completed in accordance
with all applicable provisions of the Uniform Code, the Energy Code and the City of
Ithaca Zoning Ordinance and/or, 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 provisions of the Uniform Code, the Energy Code and the
City of Ithaca Zoning Ordinance. The Code Enforcement Officer shall inspect the
building, structure or work prior to the issuance of a certificate of occupancy or
certificate of completion. 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 a certificate of occupancy or a certificate of
completion shall be provided to the Code Enforcement Officer prior to the issuance of
the certificate of occupancy or certificate of completion:
(1) An application on a form provided by the Building Department stating the final
project cost, and submitted at least seven working days before the certificate is
desired;
(2) All certifications and/or approvals required by the code enforcement
personnel;
(3) A written statement of structural observations and/or a final report of special
inspections; and
(4) Flood hazard certifications.”
The text of Section 146-8(D)(10) is hereby amended to read as follows:
“D. Contents of a certificate of occupancy or certificate of completion. A certificate of
occupancy or certificate of completion shall contain the following information:
(10) The signature of the Director of Planning and Development[Building
Commissioner] or authorized code enforcement personnel issuing the certificate of
occupancy or certificate of completion and the date of issuance.”
The text of Section 146-8(E)(1) is hereby amended to read as follows:
June 5, 2013
18
“E. Temporary Certificates.
(1) The Director of Planning and Development[Building Commissioner] or
authorized code enforcement personnel shall be permitted to issue a temporary
certificate allowing the temporary occupancy of a building or structure, or a
portion thereof, prior to completion of the work which is the subject of a building
permit. However, in no event shall a temporary certificate be issued unless the
Code Enforcement Officer determines that:
(a) The building or structure or portion thereof covered by the temporary
certificate may be occupied safely;
(b) All required fire- and smoke-detecting or fire protection equipment has been
installed, tested and is operational;
(c) All required means of egress from the building or structure have been
provided; and
(d) For projects subject to site plan review, all improvements required by the site
plan approval, including any conditions placed on such approval, are
installed, or until a sufficient guaranty, in the form of a performance bond,
letter of credit, or other security is in place.”
Article III – Unsafe Buildings
§146-9. Identification and modification.
The text of Section 146-9 is hereby amended to read as follows:
Ҥ146-9. Identification and modification.
A. The Director of Planning and Development or designee[Building Commissioner]
may order any building which, in his/her opinion, is unsafe or is not provided with
sufficient means of egress or exits to be vacated forthwith.
B. All buildings or structures or portions of buildings or portions of structures which are
structurally unsafe, unsanitary or which constitute a fire hazard or are otherwise
dangerous to human life or which, in relation to existing uses, constitute a hazard to
safety or health by reason of inadequate maintenance, dilapidation, obsolescence or
abandonment are severally, for the purpose of this article, unsafe buildings. All such
unsafe buildings are hereby declared to be illegal and shall be abated by repair or
demolition in accordance with the procedure of this article. The Director of Planning
and Development or designee [Building Commissioner] has the authority to order a
building or structure or portion of a building or portion of a structure to be demolished
rather than repaired.
C. The Director of Planning and Development or designee[Building Commissioner],
after consulting with the City Forester, has the authority to order a tree or trees or parts
of a tree or trees to be removed if the tree is dead or parts of the tree are dead and any
branches or parts of the tree have fallen or are falling constituting a hazard to any
building or structure or person.
D. Whenever the Director of Planning and Development or designee[Building
Commissioner] shall find any building, structure or portion thereof to be unsafe, as
defined in this article, the Director of Planning and Development or
designee[Building Commissioner] shall cause service of notice upon the owner and all
other persons having any interest in such property upon which the unsafe building is
located, either personally or by registered mail, addressed to his/her last known address
as shown by the records of the Assessor's office of the City and/or in the office of the
County Clerk, containing a description of the premises, a statement of the particulars in
which the building or structure is unsafe or dangerous and an order of the Director of
Planning and Development or designee[Building Commissioner] requiring the same
to be repaired or removed; and if such service is made by registered mail, the Director
of Planning and Development or designee[Building Commissioner] shall cause the
posting of a copy of such notice on the premises.
June 5, 2013
19
(1) If the Director of Planning and Development or designee[Building
Commissioner] finds that there is actual and immediate danger of failure or
collapse so as to endanger life, such notice shall also require the building,
structure or portion thereof to be vacated forthwith and not reoccupied until the
specific repairs and improvements are completed, inspected and approved by
the Director of Planning and Development[Building Commissioner] or his/her
designee.
(a) The Director of Planning and Development or designee[Building
Commissioner] shall cause to be posted at each entrance to such building
a notice: "THIS BUILDING IS UNSAFE AND ITS USE AND OCCUPANCY
HAS BEEN PROHIBITED BY THE DIRECTOR OF PLANNING AND
DEVELOPMENT[BUILDING COMMISSIONER] OF THE CITY OF
ITHACA, NEW YORK OR HIS/HER DESIGNEE. IT SHALL BE
UNLAWFUL FOR ANY PERSON TO REMOVE, DEFACE OR DESTROY
THIS NOTICE WITHOUT PERMISSION FROM THE DIRECTOR OF
PLANNING AND DEVELOPMENT[BUILDING COMMISSIONER] OR
HIS/HER DESIGNEE."
(b) Such notice shall remain posted until the required repairs are made or
demolition is completed. It shall be unlawful for any person, firm or
corporation or their agents or servants to remove such notice without
written permission of the Director of Planning and
Development[Building Commissioner] or his/her designee, or for any
person to enter the building except for the purpose of making the required
repairs or of demolishing said building. The owner of the subject building
or structure shall be responsible for obtaining the requisite permit pursuant
to § 146-5 before commencing the repairs or demolition.
(2) In cases of emergency which, in the opinion of the Director of Planning and
Development[Building Commissioner] or his/her designee, involve imminent
danger to human life or health, he/she shall promptly cause such building,
structure or portion thereof to be made safe or removed. For this purpose, the
Director of Planning and Development[Building Commissioner] or his/her
designee may at once enter such structure or land on which it stands, or abutting
land or structure, with such assistance and at such cost as may be necessary.
The Director of Planning and Development[Building Commissioner] or his/her
designee may order that adjacent structures be vacated and may protect the
public by appropriate barricades or such other means as may be necessary and
for this purpose may close a public or private way.
E. The notice shall contain the time within which the owner so served shall commence
the repair or removal of such unsafe building.
F. The notice may also be filed in the office of the County Clerk, which notice shall be
filed by the Clerk in the same manner as a notice of tendency pursuant to Article 65 of
the Civil Practice Law and Rules and shall have the same effect as a notice of tendency
as therein provided, except as otherwise hereinafter provided in this subsection. A
notice so filed shall be effective for a period of one year from the date of filing; provided,
however, that it may be vacated upon the order of a judge or justice of a court of record
or upon the consent of the City Attorney. The County Clerk shall mark such notice and
any record or docket thereof as canceled of record upon the presentation and filing of
such consent or of a certified copy of such order.
G. The notice shall further contain a statement that a hearing can be requested in
writing to the Director of Planning and Development[Building Commissioner] within
five business days of receipt of the notice.
H. If a hearing is requested, the same shall be held before the Building Code Board of
Appeals not less than two weeks nor more than four weeks after the request for a
hearing is received. The person requesting the hearing shall be notified in writing at
least seven days prior to the hearing of the time and place of the hearing.
June 5, 2013
20
I. In the event that a hearing is held or if the owner does not appear and it is determined
by the Building Code Board of Appeals that there is an unsafe building located upon the
premises and the owner fails to commence the repair or removal of the unsafe building
within the time specified in the notice of determination, the Director of Planning and
Development[Building Commissioner] shall notify the Superintendent of Public Works
that the owner has failed or refuses to repair or remove the unsafe building within the
time provided.
J. Removal or repair by City; costs. Upon notification that the owner has failed or
refuses to repair the unsafe building, the Superintendent of Public Works shall cause
the repair or removal of the unsafe building. After the work has been completed, the
Superintendent of Public Works shall file in the office of the City Chamberlain a verified
statement of all the direct costs of the same, together with a charge of 50% in addition
thereto as compensation to the City for administering, supervising and handling said
work.
K. Assessment and lien. Upon receipt of the verified statement, the City Chamberlain
shall enter the same in his/her records as a lien against the premises and shall add the
same to the next assessment roll of general City taxes and shall collect and enforce the
assessment in the same manner by the same proceedings, at the same time and under
the same penalties as the general City tax and as a part thereof, except that, in addition
to the penalties heretofore stated, interest shall accrue from the date of filing to the date
of actual payment at 12% per annum.
L. Other remedies. Notwithstanding any provision herein to the contrary, the City may,
at its election, institute suit against the owner of said premises for the direct costs,
together with a charge of 50% in addition thereto as compensation to the city for
administering, supervising and handling said work, and enter judgment thereon against
the owner personally for the aforesaid amount. The imposition and collection of any fine
or penalty hereinafter prescribed shall not bar the right of the City to collect the cost of
the removal or repair of any unsafe building as herein prescribed.
M. Completion of work within reasonable time. The failure of the owner to complete the
repairs or to remove the unsafe building within a reasonable time after due notice shall
subject the owner to the same procedure and penalties as herein set forth.
N. Transfer of title. The transfer of title by the owner of premises upon which an unsafe
building is located shall be no defense to any proceedings under this chapter.”
§146-10. Building Code Board of Appeals
The text of Section 146-10(B) is hereby amended to read as follows:
“B. Any person ordered to repair, remove or vacate a building and who is in
disagreement with the judgment of the Director of Planning and Development or
designee[Building Commissioner] may appeal to the Building Code Board of Appeals,
provided that a written statement setting forth the reasons for such appeal is filed with
the Secretary of the Board within five business days of the service of the order upon
such person. The Director of Planning and Development or designee[Building
Commissioner] shall notify such person of this right to appeal and of this five-business-
day time limitation. Upon receipt of such appeal, the Board shall hold a hearing within
30 days and, after review of all evidence, shall affirm, modify or annul the action of the
Director of Planning and Development or designee[Building Commissioner].”
§146-11. Demolition.
The text of Section 146-11 is hereby amended to read as follows:
Ҥ146-11. Demolition.
A. Before the demolition or removal of any building or structure is begun, a verified
application shall be prepared by the owner, architect, builder or contractor, on
appropriate blanks furnished by the Director of Code Enforcement[Building
Commissioner], containing a statement of the facts in relation thereto and as to
June 5, 2013
21
the location and ownership thereof. The application shall be filed with the
Director of Code Enforcement[Building Commissioner] at least 10 working
days before the proposed demolition, except in the case of buildings previously
declared to be hazardous or unsafe. The Director of Code Enforcement
[Building Commissioner]shall notify the Department of Planning and
Development and the Landmarks Preservation Commission of all requests for
demolition permits immediately upon official receipt of such request and at least
five working days before issuing the required written permit for the demolition of
any building or structure. The official requirement for a ten-day delay may be
waived by both the Department of Planning and Development and the
Landmarks Preservation Commission by written notice to the Director of Code
Enforcement[Building Commissioner]. Such permit shall expire by limitation two
months from the date of its issuance.
B. Before any permit is issued granting authority to wreck a building or structure for
which such permit is required, the person, firm or corporation engaged in the work of
wrecking the same shall file, when required by the Director of Code
Enforcement[Building Commissioner], a bond or public liability insurance continuing a
personal injury and property damage provision, which bond or insurance policy shall be
approved by the City Attorney, to indemnify, keep and save harmless the City against
any loss, cost, damage, expense, judgment or liability of any kind whatsoever which
may accrue against or be charged to or recovered from said City or any of its officials
from or by reason of or on account of accidents to persons or property during any such
wrecking operations and from or by reason of or on account of any thing done under or
by virtue of any permit granted for any such wrecking operations.
C. Said bond or public liability insurance shall be in amounts to be determined by the
Director of Code Enforcement[Building Commissioner], who may require additional
sums as protection for the City as may be necessary from time to time thereafter.
D. In demolishing any building or structure or part thereof, story after story shall be
completely removed. No material shall be placed upon a floor of any building in the
course of demolition, and the bricks, timbers and other parts of each story shall be
lowered to the ground immediately upon displacement. The material to be removed
shall be properly wet to lay the dust incident to its removal.
E. When any building or structure over 40 feet in height is demolished, a shed or other
protection may be required by the Director of Code Enforcement[Building
Commissioner].
F. Furthermore, before any permit is issued as aforesaid, the Director of Code
Enforcement[Building Commissioner] shall determine the reasonable time required for
the demolition or removal of the building or structure involved, and the permit shall be
issued on the condition that demolition or removal is completed within the time limitation
specified; and the contractor shall be required to provide security, in the form of a surety
bond or certified check, to insure compliance with the time limitation as set by the
Director of Code Enforcement[Building Commissioner], in amounts to be determined
by the Director of Code Enforcement[Building Commissioner] and in a form to be
approved by the City Attorney.”
Article IV - Plumbing
§146-24. Plumbing Inspector.
The text of Section 146-24(B)(8) is hereby amended to read as follows:
“B. Duties. The duties of the Plumbing Inspector shall be:
(8) The enforcement of this code by all means available at law, including but not limited
to the reporting of any violations, in writing, to the Superintendent of Public Works and
the Director of Planning and Development or designee[Building Commissioner], who
shall have the power to make such orders and to take such action as may be proper
requiring the owner of such property to comply with this code and to replace, repair,
June 5, 2013
22
reconstruct or reinstall such plumbing in accordance with this code under the
supervision of the Plumbing Inspector.”
Article V - Electricians
§146-36. License application and fees; transferability.
The text of Section 146-36(A) is hereby amended to read as follows:
“A. All persons desiring to be examined shall make application to the Director of
Planning and Development[Building Commissioner] of the City in such form and detail
as may be required. Such application shall be accompanied by payment of an
examination fee of $100.”
The text of Section 146-36(D) is hereby amended to read as follows:
“D. Licenses are not transferable. Licenses are revocable for cause adjudged by the
Examining Board of Electricians to be in the best interest of the City. Any person whose
licenses is revoked and who is in disagreement with the judgment of the Examining
Board of Electricians may appeal to the Building Code Board of Appeals, provided that
a written statement setting forth the reasons for such appeal is filed with the Secretary
of the Board within 30 days of the service of the revocation order upon such person.
The Director of Planning and Development[Building Commissioner] or his/her
designee shall notify such person of this right to appeal and of this thirty-day time
limitation. Upon receipt of such appeal, the Building Code Board of Appeals shall hold a
hearing within 30 days and, after review of all evidence, shall affirm, modify or annul the
action of the Examining Board of Electricians. After the hearing, the Building Code
Board of Appeals' judgment shall be final.”
§146-38. Electrical permits; fees.
The text of Section 146-38(C)(2) is hereby amended to read as follows:
“C. Permit fees shall be paid before a work permit is authorized. Permit fees shall be
accepted by the Building Department Permit Clerk by check or money order. The
electrical permit fee schedule shall be posted in the office of the Building Department.
(2) Work permits shall be set according to the following schedule which shall be
subject to modification from time to time as determined by the Director of
Planning and Development[Building Commissioner].”
§146-39. Electrical Inspections.
The text of Section 146-39(B) is hereby amended to read as follows:
“B. A record of such inspection and approval shall be kept on file in the office of the
Department of Planning, Building and Development[Building Commissioner] and
shall be available for public inspection upon request.”
The text of Section 146-39(D) is hereby amended to read as follows:
“D. The Electrical Inspector is hereby empowered to disconnect or to order the
discontinuance of electrical service to such wiring, devices and/or material found to be
defectively installed or having become damaged or deteriorated to the degree that life
and property are endangered. Reconnection of such service shall not be made without
the specific approval of the Electrical Inspector or the Director of Code
Enforcement[Building Commissioner].”
The text of Section 146-39(F) is hereby amended to read as follows:
“F. The fees for inspection shall be fixed and uniform for all installations in accordance
with the schedule filed in the office of the Director of Planning and
Development[Building Commissioner] and available for public inspection.”
June 5, 2013
23
§146-41. Service Connections.
The text of Section 146-41(A) is hereby amended to read as follows:
“A. No public service corporation shall install a meter or make a service connection to
any installation of electric wiring for which a certificate or memorandum of approval is
required by the Director of Code Enforcement[Building Commissioner] until such
certificate or memorandum has been issued to such service corporation, except as
provided by the issuance of temporary permits.”
§146-42. Administration; hearings.
The text of Section 146-42 is hereby amended to read as follows:
Ҥ146-42. Administration; hearings.
A. In general, all matters arising under and properly belonging to electrical installations
prior to and including approval shall be administered by the Director of Code
Enforcement[Building Commissioner]; and matters subsequent to approval conceivably
affecting the work of the Fire Department shall be administered by the Fire Chief of the
City. In matters involving both departments, these officers shall cooperate and shall be
assisted by the Electrical Inspector.
B. When the Electrical Inspector condemns all or part of an electrical installation, the
owner may, within 10 days after receiving written notice from the inspector, file a petition
for review of said action with the Director of Planning and Development[Building
Commissioner]. The Director of Planning and Development[Building Commissioner]
or his/her designee shall present the case to the Building Code Board of Appeals. At
the hearing, the petitioner or the petitioner's agent shall be given the opportunity to
show cause why such order should be modified or withdrawn. The decision of the Board
shall be final, unless court action is instituted within 30 days.”
§146-43. Disputes.
The text of Section 146-43(A) is hereby amended to read as follows:
“A. In case of a dispute between an electrician and the Electrical Inspector and/or the
Director of Code Enforcement[Building Commissioner] as to the proper interpretation
of any of the provisions of this article, the Director of Planning and
Development[Building Commissioner] or his/her designee shall report the facts to the
Building Code Board of Appeals, which shall set a date for a hearing.”
Article VI – Heating and Ventilation
§146-45. Registration; fees; bonds.
The text of Section 146-45 is hereby amended to read as follows:
Ҥ146-45. Registration; fees; bonds.
A. No person shall hereafter engage in, carry on or conduct the business of heating
and/or ventilating engineer, contractor or installer within the City unless or until he/she
has first obtained a certificate of registration from the [office of the] Department of
Planning, Building and Development[Building Commissioner].
B. Each application for registration shall be accompanied by payment of a fee of $50.
Registrations must be renewed annually. Payment for renewal of registration must be
received by February 1.
C. All applicants for registration must present evidence of an insurance liability bond,
and renewal certificates of such bonds must be filed annually in the [office of the]
Department of Planning, Building and Development[Building Commissioner].”
§146-48. Registration or approval required.
The text of Section 146-48(B) is hereby amended to read as follows:
“B. No public service corporation shall make a service connection to any heating and/or
ventilating apparatus for which a certificate or memorandum of approval is required by
June 5, 2013
24
the Director of Planning and Development or designee[Building Commissioner] until
the same has been issued.”
Article VII - Penalties
§146-50. Penalties for Offenses.
The text of Section 146-50(A) is hereby amended to read as follows:
“A. It shall be unlawful for any person, firm or corporation to construct, alter, repair,
move, equip, use or occupy any building or structure or portion thereof in violation of
any provision of law or ordinance as well as any regulation or rule promulgated by the
Director of Planning and Development or designee[Building Commissioner] in
accordance with applicable laws, or to fail in any manner to comply with a notice,
directive or order of the Director of Planning and Development or designee[Building
Commissioner] or to construct, alter, use or occupy any building or structure or part
thereof in a manner not permitted by an approved building permit or certificate of
occupancy. No person shall commence any work for which a building permit is required
without first having obtained a building permit issued by the Building Department.”
The text of Section 146-50(C)
“C. Any person who shall fail to comply with a written order of the Director of Planning
and Development or designee[Building Commissioner] within the time fixed for
compliance therewith and any owner, builder, architect, tenant, contractor,
subcontractor, construction superintendent or their agents or any other person taking
part or assisting in the construction or use of any building or any property who shall
knowingly violate any of the applicable provisions of law or any lawful order, notice,
directive, permit or certificate of the Director of Planning and Development or
designee[Building Commissioner] made thereunder shall be punishable by a fine of not
less than $250 nor more than $500. Each day that a violation continues shall be
deemed a separate offense.”
§146-55. Penalties for aggravated violation.
The text of Section 146-52 is hereby amended as follows:
Ҥ146-55. Penalties for aggravated violation.
If any person fails to comply with the written order of the Director of Planning and
Development or designee[Building Commissioner] within the time fixed for compliance
therewith or if any owner, builder, architect, tenant, contractor, subcontractor,
construction superintendent or their agents or any other person taking part or assisting
in the construction or use of any building or any property should knowingly violate any of
the applicable provisions of law or any lawful order, notice, directive, permit or certificate
of the Director of Planning and Development or designee[Building Commissioner]
made thereunder and, as a result of such failure to comply or such violation, injury
occurs to any person, property or building, whether or not the person, property or
building so injured is the cause or subject of said violation(s), then the person who failed
to comply with the written order of the Director of Planning and Development or
designee[Building Commissioner] or the person who knowingly violated the applicable
provision of law or order, notice, directive, permit or certificate of the Director of
Planning and Development or designee[Building Commissioner] shall be guilty of a
misdemeanor and shall be punishable by a fine of not more than $1,000 or
imprisonment for not more than one year. For the purpose of establishing the maximum
amount of fine that may be assessed, each day that a violation continues shall be
deemed a separate offense.”
Section 5. Chapter 160 of the City of Ithaca Municipal Code entitled “Design Review” is
hereby amended as follows:
§160-7. Limited design review procedure.
The text of Section 160-7 is hereby amended as follows:
Ҥ160-7. Limited design review procedure.
A. The Director of Planning and Development[Building Commissioner] or his or her
designee shall determine whether design review is required when an application for a
June 5, 2013
25
building permit or demolition permit is submitted. [If the determination is made that
design review is required, the Building Commissioner shall transmit the application to
the Director of Planning and Development.]
B. If the Director of Code Enforcement or designee determines that design review
is required[Upon receipt of the application], the Director of Planning and Development
or his or her designee shall determine whether the proposal shall be subject to a limited
or full design review.
C. The Director of Planning and Development or his or her designee shall have the
authority to conduct a limited review of proposals of Type II actions. All proposals for
Type I or unlisted actions must go to the Planning and Development Board for full
review.
D. If a proposal may cause public controversy, the Director of Planning and
Development may refer the proposal to the Planning and Development Board for full
review.”
§160-8. Full design review procedure.
The text of Section 160-8(A) is hereby amended as follows:
“A. The Director of Planning and Development[Building Commissioner] or his or her
designee shall determine whether design review is required when an application for a
building permit or demolition permit is submitted. [If the determination is made that
design review is required, the Building Commissioner shall transmit the application to
the Director of Planning and Development.]”
The text of Section 160-8(B) is hereby amended to read as follows:
“B. If the Director of Code Enforcement or designee determines that design review
is required[Upon receipt of the application], the Director of Planning and Development
or his or her designee shall determine whether the proposal shall be subject to a limited
or full design review.”
The text of Section 160-8(F) is hereby amended to read as follows:
“F. All design review recommendations shall be communicated in writing no later than
10 business days after the meeting at which the recommendations are made. A copy
shall be sent to the applicant by mail and a copy filed with the Director of Planning
and Development[Building Commissioner].”
Section 6. Chapter 170 of the City of Ithaca Municipal Code entitled “Use of City Real
Property” is hereby amended to read as follows:
§170-13. Awnings, signs, canopies, marquees and other building projections.
The text of §170-13 (A), (B), (C) is hereby amended to read as follows:
(A) “The provisions of this section shall be enforced by the Director of Planning
and Development or designee[Building Commissioner] and, as applicable, the
Fire Department.
(B) Any person who seeks to construct, install or maintain an awning, canopy, sign,
marquee or other building projection such that it constitutes an encroachment
upon City property, shall require a license, as described herein. Any such
awning, canopy, sign, marquee or other building projection for which an
application for construction, installation or substantial replacement is received,
after the effective date of the amendment of this chapter that was enacted on
May 6, 2009, shall also require a building permit from the Department of
Planning, Building and Development[Building Commissioner] and shall be
subject to the provisions of this section. The Director of Planning and
Development or designee[Building Commissioner] may require the submission
June 5, 2013
26
of drawings or other materials prior to ruling on the request for such a building
permit.”
(C) Awnings. No person shall place or maintain any awning over any sidewalk unless
the same shall be supported by metal rods and a frame. Every part of such
awning and the supports therefor shall be at least seven feet above the sidewalk
except for a nonrigid valance hanging no more than one foot below the rigid
frame. Following the granting of a license for encroachment, the installation of a
standard awning shall not require the review of any other City agency other than
the Director of Planning and Development or designee[Building
Commissioner], except for installations normally within the purview of the Ithaca
Landmarks Preservation Commission or which are associated with properties
described in § 170-6B, above.”
The text of Section 170-13(E)(2) is hereby amended as follows:
E Marquees, canopies and other building projections; location and installation
specifications.
“(2) The installation of a standard canopy shall not require the review of any City
agency other than the Director of Planning and Development or
designee[Building Commissioner], except for installations normally within the
purview of the Ithaca Landmarks Preservation Commission or which are
associated with the properties described in § 170-6B, above.”
The text of Section 170-13(G) is hereby amended to read as follows:
“(G) Disapproval of design by the Director of Planning and Development or
designee[Building Commissioner]; appeal. Should the Director of Planning and
Development[Building Commissioner] or designee disapprove the design of a
proposed awning, canopy, marquee or other building projection, for any reason, he/she
shall notify the applicant by the most expedient means, stating the reasons for such
disapproval. In the event that no agreement on an acceptable design is reached
between the applicant and the Director of Planning and Development or
designee[Building Commissioner], the applicant shall have the right to appeal the
[Building Commissioner's] decision of the Director of Planning and Development or
designee to the Planning and Development Board, unless the property in question has
been designated an historic landmark or is within an historic district, in which event the
appeal shall be to the Ithaca Landmarks Preservation Commission. In issuing its
determination, the Planning and Development Board or the Ithaca Landmarks
Preservation Commission, as the case may be, may solicit the opinions of the
Superintendent of Public Works, the Police Chief[,] or the Fire Chief[ or the Director of
Planning and Development].”
Section 7. Chapter 178 of the City of Ithaca Municipal Code entitled “Exterior Property
Maintenance Ordinance” is hereby amended to read as follows:
§178-7 Notification when city intends to correct violation; snow or ice and graffiti
removal; hearings for contested notices or billings; failure of property owner to
comply.
The text of Section 178 is hereby amended to read as follows:
“A. Except as otherwise specified in this subsection, in any case in which the City
intends to correct a violation of this chapter and then bill the property owner for the
correction of the violation, the Director of Planning and Development[Building
Commissioner] or his/her designee shall notify the owner of the property and, where
relevant, the registered agent who has assumed responsibility as outlined in § 178-5 of
this Code, in writing, of any violation of this chapter.
B. In the case of a violation of § 178-3J (i.e., failure to clear snow or ice from a
sidewalk), notice of such violation or of the City’s intention to remedy the violation shall
not be required prior to the clearing of such snow or ice by direction of the
June 5, 2013
27
Superintendent of Public Works, as provided for in § 178-3J(4); in that case, the bill for
such clearing from the City Chamberlain as provided for in said subsection shall
constitute notice of the violation and shall also state that the property owner may
contest the billing by making a written request for a hearing before the Board of Public
Works in the manner provided for below.
C. Any other notice required by this section shall be served in person or by mail to the
address appearing on the City tax roll, requiring such person, within a time specified in
such notice but in no event less than five days from the service or mailing thereof, to
comply with this chapter and to cause the grass, brush or solid waste to be cut back or
removed or, if graffiti, to have the same removed so as to comply with this chapter. In
the event that graffiti removal is ordered during the winter months, then, upon receipt of
a written request from the property owner or agent within the time specified in the notice
for removal, the Director of Planning and Development or designee[Building
Commissioner] may, in his or her discretion extend the compliance period. Such notice
shall also state that the property owner may contest the finding of the Director of
Planning and Development or designee[Building Commissioner] by making a written
request to have a hearing on the matter held at the next regularly scheduled meeting of
the Board of Public Works.
D. Any request for such a hearing must be mailed and postmarked or personally
delivered to the Director of Planning and Development or designee[Building
Commissioner] within the five-day compliance period (or, in the case where the City has
billed the property owner for removal of snow or ice from a sidewalk, within five days of
the mailing of such bill), and any such written request for a hearing shall automatically
stay further enforcement concerning the alleged violation pending such hearing. The
decision of the Board of Public Works, by majority vote, shall be binding, subject to any
further judicial review available to either the City or the property owner.
E. Upon the failure of a property owner to comply with the requirements of § 178-3J of
this chapter, or with the notice of violation of any other provision of this chapter (or,
alternatively, to request a hearing as aforesaid within the time limit stated in such notice,
or upon a Board of Public Works' determination, after such a hearing, that a violation
exists), the Director of Planning and Development or designee[Building
Commissioner] shall refer the matter, by memorandum, to the Superintendent of Public
Works, who shall cause such premises to be put in such condition as will comply and
shall charge the cost thereof to the owner of said premises, including a charge of 50%
for supervision and administration. The minimum charge to the property owner for such
work shall be $50. Bills rendered for such services shall be handled in the manner
prescribed by § 178-3J of the Code.”
§178-10. Enforcement.
The text of §170-10(B) is hereby amended as follows:
“(B) Appearance tickets and appeals. Notwithstanding any contrary Code provision,
appearance tickets may be issued by the Director of Planning and
Development[Building Commissioner] and/or [Commissioner's] his/her designee(s)
charging violations of this chapter or of § 325-29.3 whenever there is probable cause to
believe that said violations have occurred. Any rights to administrative appeals to any
board or commission of the City of Ithaca mentioned elsewhere in this Code shall not
apply as a condition precedent to issuing an appearance ticket charging a violation of
this chapter or of § 325-29.3. Any right to an administrative appeal from a decision or
determination of the Director of Planning and Development[Building Commissioner]
or other City official with regard to the above Code chapter and section shall apply only
in cases in which the City intends to correct the violation and seek to charge the
property owner or agent for the costs of correction.”
Section 8. Chapter 179 of the City of Ithaca Municipal Code entitled “Fill, Excavation
and Stockpiling” is hereby amended to read as follows:
Article II - Permits
§179-3. Permit required.
The text of Section 179-3 is hereby amended as follows:
June 5, 2013
28
Ҥ179-3. Permit required.
No person shall deposit on or remove from any parcel in any one twelve-month period
more than 50 cubic yards of fill, except in connection with a public work on the parcel or
the removal of silt or other recently accumulated materials that block normal flow of a
watercourse, without a permit issued by the Director of Planning and Development or
designee[Building Commissioner].”
§179-5. Application for permit; plan.
The text for Section 179-5 is hereby amended as follows:
Ҥ179-3. Application for permit; plan.
In applying for such permit, the applicant shall submit to the Director of Planning and
Development or designee[Building Commissioner] a plan of the proposed project
showing the owner's full name and address, the property lines, adjacent public ways
and abutting properties, the street access to the site, the amount of fill to be deposited
or removed, the grades and depths of the proposed deposit or removal, soil types or fill
types to be deposited or removed, erosion control during and after construction,
projected duration of the project, proposed regrading and replanting of the property
upon completion of the project and such other items as the Director of Planning and
Development or designee[Building Commissioner] may reasonably require to
adequately review the proposed project. Where application is made by a person other
than the owner of the parcel, the application shall be accompanied by an affidavit of the
owner that the proposed work is authorized by the owner and that the applicant is
authorized to make such application.”
§179-6. Grant or denial of permits; conditions.
The text of Section 179-6 is hereby amended as follows:
Ҥ179-6. Grant or denial of permits; conditions.
A. The Director of Planning and Development[Building Commissioner] or his/her
designee shall grant a permit for such fill and/or excavation, provided that the plan of
the proposed project complies with all provisions of this chapter and demonstrates that
the property and the surrounding properties will be protected from significant adverse
consequences of such deposits or removal, including, when completed, adverse
drainage, erosion or visual or other adverse impacts.
B. In considering whether to grant such a permit, the Director of Planning and
Development[Building Commissioner] or his/her designee shall take into account, in
addition to the factors set forth in this chapter, the distance of the operation from
neighboring properties and public ways, the possible detriment of such use to the future
development of the land in question and significant nuisance or detriment of the
operation to neighboring landowners and the community as a whole.
C. The Director of Planning and Development[Building Commissioner] or his/her
designee may impose such conditions upon the applicant as the Director of Planning
and Development[Building Commissioner] or his/her designee deems necessary to
protect the general welfare of the community, which may include a time limit upon
operations, standards for performance such as rapid stabilization of the soil by seeding
or other means at any stage during the project and/or a requirement that a performance
bond in an amount determined by the Director of Planning and Development[Building
Commissioner] or his/her designee be posted to insure compliance with the
requirements of this chapter and with any other further reasonable provisions imposed
by the Director of Planning and Development[Building Commissioner] or his/her
designee.”
§179-8. Applicability.
The text of Section 179-8 is hereby amended as follows:
Ҥ179-8. Applicability.
This article shall not apply to the stockpiling of fill or other materials for sale or resale,
nor shall it apply to the maintenance of existing driveways or parking lots or to the
June 5, 2013
29
application of sod on existing lawn areas, nor shall it apply to a project which is
reviewed in Chapter 276, Site Development Plan Review; provided, however, that it
shall apply to projects subject to site development plan review until site development
plan review approval has been issued. This article shall also not apply to a project for
which a building permit has been issued where the deposit or excavation of fill is
included within the work covered by such permit, provided that, in determining whether
to issue such a building permit, the Director of Planning and Development[Building
Commissioner] or his/her designee shall be entitled to receive the information
contained in § 179-5; shall consider the factors referred to in § 179-6; and shall be
authorized to impose the conditions referred to in § 179-6.”
Article III – Stockpiling for sale or resale
§179-9. Permit Required.
The text of Section 179-9 is hereby amended as follows:
Ҥ179-9. Permit Required.
No person shall deposit on any parcel more than 50 cubic yards of fill or other materials
for sale or resale, except in connection with a public work on the property, without a
permit to be granted by the Director of Planning and Development[Building
Commissioner] or his/her designee. The Board of Public Works shall not be required
to obtain a permit pursuant to this chapter for the deposit of fill or other materials for
sale or resale but shall ensure that, in connection with every project of the Department
of Public Works in which more than 50 cubic yards of fill or other materials are
deposited for sale or resale, the project is designed and carried out in a manner which
promotes and protects the objectives and policies behind this chapter.”
§179-10. Application for permit; plan.
The text of Section 179-10 is hereby amended as follows:
Ҥ179-10. Application for permit; plan.
In applying for such permit, the applicant shall submit to the Director of Planning and
Development or designee[Building Commissioner] a plan of the proposed stockpiling
for sale or resale showing the owner's full name and address, the actual property lines
of the parcel and the location on the parcel where the material will be deposited and
stored, the adjacent public ways and abutting properties, the amount of material to be
stored, the projected duration of the storage of such material, procedures to prevent
blowing or dispersal of the material or the material otherwise being transported off the
site by wind or water and such other information as the Director of Planning and
Development[Building Commissioner] or his/her designee may reasonably require to
adequately review the proposed project. Where application is made by a person other
than the owner of the parcel, the application shall be accompanied by an affidavit of the
owner that the proposed project is authorized by the owner and that the applicant is
authorized to make such application.”
§179-11. Grant or denial of permit; conditions.
The text of Section 179-11 is hereby amended as follows:
Ҥ179-11. Grant or denial of permit; conditions.
The Director of Planning and Development[Building Commissioner] or his/her
designee shall grant a permit for stockpiling for sale or resale, provided that the plan of
the proposed project complies with all the provisions of this chapter and demonstrates
that the parcel and the surrounding properties will be protected from significant adverse
consequences of such stockpiling. The Director of Planning and
Development[Building Commissioner] or his/her designee may impose such
conditions on the applicant as the Director of Planning and Development[Building
Commissioner] or his/her designee deems necessary to protect the general welfare of
the community, which may include a time limit upon operations and standards for
performance, such as rapid stabilization of the soil by seeding or other means at any
stage during the project and a requirement that a performance bond in an amount to be
determined by the Director of Planning and Development[Building Commissioner] or
his/her designee be posted to insure compliance with the requirements of this chapter
June 5, 2013
30
and with any other further reasonable provisions imposed by the Director of Planning
and Development[Building Commissioner] or his/her designee.”
Article IV – Fees.
§179-13. Application fees.
The text of Section 179-13 is hereby amended as follows:
Ҥ179-13. Application fees.
An application fee shall be charged for each fill or excavation permit and each
stockpiling permit that is reviewed by the Director of Planning and
Development[Building Commissioner] or his/her designee. The fee for a fill or
excavation permit when 100 or more cubic yards of fill are being deposited or removed
shall be $100. The fee for a stockpiling permit or for a fill or excavation permit where
less than 100 cubic yards of fill are being deposited or removed shall be $25.”
Section 9. Chapter 186 of the City of Ithaca Municipal Code entitled “Flood Damage
Prevention” is hereby amended to read as follows:
§186-7 Basis for establishing areas of special flood hazard.
The text of Section 186-7 is hereby amended as follows:
Ҥ186-7 Basis for establishing areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency Management
Agency in a scientific and engineering report entitled the "Flood Insurance Study for the
City of Ithaca, of Tompkins County, New York," dated March 30, 1981, with
accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps,
are hereby adopted and declared to be a part of this chapter. The Flood Insurance
Study and maps are on file at the office of the Department of Planning, Building and
Development[Building Commissioner] of the City of Ithaca.”
§186-11 Designation of local administrator.
The text of Section 186-11 is hereby amended as follows:
Ҥ186-11 Designation of local administrator.
The City of Ithaca Director of Planning and Development[Building Commissioner] or
his/her designee is hereby appointed local administrator to administer and implement
this chapter by granting or denying development permit applications in accordance with
its provisions.”
Section 10. Chapter 210 of the City of Ithaca Municipal Code entitled “Housing
Standards” is hereby amended to read as follows:
Article II – Space Requirements
§210-8. Maximum number of occupants in dwelling units.
The text of Section 210-8(E) is hereby amended as follows:
“(E.) The Director of Planning and Development[Building Commissioner] or his/her
designee shall, after consultation with the appropriate representatives of the Ithaca Fire
Department, have the authority to grant a temporary variance from the requirements of
this section.
(1) In considering whether to grant such variance, the Director of Planning and
Development or designee[Building Commissioner] shall consider the following
factors:
(a) Whether the granting of such variance would adversely affect the
health or safety of the occupants of the premises or the occupants of
adjacent premises.
(b) Whether the premises complies with any other recognized occupancy
standards.
June 5, 2013
31
(c) The hardship which would be imposed on the owner of the premises
and/or the prospective occupants of the premises if the variance was not
granted.
(d) The inability of the owner of the premises to have the decision as to
whether a variance should be granted decided in a timely manner by the
Housing Board of Review.
(2) Any variance granted under this section shall be valid only for a period of two
months after this grant.”
Article VII – Residential Rental Units
§210-43. Certificate of Compliance.
The text of Section 210-43(C), (D), (J) is hereby amended as follows:
“(C)Certificate of compliance shall not be issued to:
(1) Any rental unit that is in violation of any application City or state code.
(2) Any rental unit located on a property for which there is an outstanding warrant
for a violation under any section of Chapter 178.
(3) Any rental unit which is not in compliance with all orders of the Director of
Planning and Development or designee[Building Commissioner].”
(D) Failure of an owner of any rental unit to hold a valid certificate shall be deemed a
violation of the Housing Code, and such dwelling may be ordered by the Director of
Planning and Development or designee[Building Commissioner] to be vacated until
the property is brought into compliance with this chapter.
(J) The exclusive administrative remedy for a property owner wishing to appeal the
amount of the bill which has been established pursuant to Subsection G is to file a
notice of appeal with the Director of Planning and Development[Building
Commissioner] within seven days of the mailing date to the property owner of the bill for
the inspection services. When a notice of appeal is filed, the Director of Planning and
Development[Building Commissioner], using the regulations of the Housing Board of
Review, shall schedule the matter at the next possible regular meeting of the Housing
Board of Review. The property owner then has the responsibility to perfect the appeal to
the Housing Board of Review by submitting three copies of the appeal and detailing the
reasons why the property owner believes the fee is not justified. The property owner
bears the burden of establishing that the accounting submitted by the inspector of the
time spent for initial inspection, correspondence, review of the appropriate files,
transportation, further inspections or other time spent is inaccurate. The Housing Board
of Review shall have the authority to approve or reject such appeal in whole or in part.”
§210-44. Dwelling unit information form
The text of Section 210-44 is hereby amended as follows:
Ҥ210-44. Dwelling unit information form.
Before issuing a certificate of compliance, the Director of Planning and
Development[Building Commissioner] or his/her [deputy] designee shall secure a
rental property information form, completed and signed by the property owner, which
includes such information as:
A. The number of dwelling units.
B. The number of residents in each dwelling unit.
C. The number of sleeping rooms in each dwelling unit.
D. The number of families living in each dwelling unit.
E. The number of unrelated individuals in each dwelling unit.
F. The number of vehicles owned by residents of the premises.”
June 5, 2013
32
Article IX - Administration
§210-49. Notice of violations.
The text of Section 210-49(A) is hereby amended as follows:
“(A) Whenever the Director of Planning and Development or designee[Building
Commissioner] determines that there are reasonable grounds to believe that there has
been a violation of any provision of this Part 2, the Director of Planning and
Development[Building Commissioner] or his/her designee shall give notice of such
alleged violation to the person to whom the permit was issued, as herein provided.”
§210-50. Hearing before Common Council
The text of Section 210-50(A) is hereby amended as follows:
“(A) Petition for hearing; procedure. Any person affected by any notice which has been
issued in connection with the enforcement of any provision of this Part 2 may request
and shall be granted a hearing on the matter before the Common Council. Such person
shall file in the office of the City Clerk a written petition requesting such hearing and
setting forth a brief statement of the grounds therefor within 15 days after the notice was
served. The filing of the request for a hearing shall operate as a stay of the notice and of
the suspension, except in the case of an order issued under § 210-51. Upon receipt of
such petition, the Common Council shall set a time and place for such hearing and shall
give the petitioner written notice thereof. At such hearing, the petitioner and the
Director of Planning and Development or designee[Building Commissioner] shall be
given an opportunity to be heard and to show why such notice should be modified or
withdrawn. The hearing shall be commenced not later than 30 days after the day on
which the petition was filed. The Common Council may postpone the date of the hearing
for a reasonable time beyond such thirty-day period when, in its judgment, good and
sufficient reasons exist for such postponement.”
§210-51. Emergency orders.
The text of Section 210-51is hereby amended as follows:
Ҥ210-51. Emergency orders.
Whenever the Director of Planning and Development or designee[Building
Commissioner] finds that an emergency exists which requires immediate action to
protect the public health, safety or welfare, he/she may, without notice or hearing, issue
an order reciting the existence of such emergency and requiring that such action be
taken as he/she may deem necessary to meet the emergency, including the suspension
of the permit. Notwithstanding any other provisions of this Part 2, such order shall be
effective immediately. Any person to whom such an order is directed shall comply
therewith immediately but, upon petition to the Common Council, shall be afforded a
hearing as soon as possible. The provisions of § 210-50 shall be applicable to such
hearing and the order issued thereafter.”
§210-53. Permit fees.
The text of Section 210-53(A) is hereby amended as follows:
“(A) A permit fee based upon the following schedule shall be paid to the City of
IthacaCity Building Commissioner] together with an application for an original permit or
for a renewal permit: The minimum fee shall be $25 or $1 per mobile home lot, up to a
maximum fee of $50, whichever is greater.”
§210-54. Application for permit.
The text of Section 210-54 is hereby amended as follows:
Ҥ210-54. Application for permit.
A. Original.
(1) Application to Director of Code Enforcement[Building Commissioner]. The
application for an original permit, in writing and signed by the developer, shall be
made to the Director of Code Enforcement[Building Commissioner].
June 5, 2013
33
(2) Contents. The application shall contain the following:
(a) The name and address of the developer.
(b) The location and a legal description of the area proposed for the
mobile home park.
(c) A scale map illustrating:
[1] The plan of the proposed park, including the number of lots, lot
sizes, locations, recreation areas and service buildings.
[2] The ownership of abutting properties and the present use of said
properties.
[3] Existing and proposed access and egress routes, and the
location and width of existing and proposed roadways, walkways
and right-of-way easements.
[4] The present and proposed sewer, water and other utility lines
and structures.
[5] Any unusual or special land features, such as streams, creeks,
areas subject to flooding and areas of steep slopes in excess of 15.
[6] A planting plan showing all existing and proposed trees,
shrubbery and other plantings, lawn areas and all other information
necessary to indicate the extent of landscaping and plantings.
[7] The location and details of lighting and electrical systems.
[8] Existing and proposed contours of the park area at maximum
intervals of five feet.
[9] Existing and proposed stormwater drainage systems.
(d) Such other and further information as the Director of Planning and
Development[Building Commissioner] may determine necessary to
ascertain compliance with this Part 2.
B. Renewal. The application for renewal of a valid permit, in writing and signed by the
developer, shall be made to the Director of Planning and Development or
designee[Building Commissioner] before the first day of December. The application
shall contain the following:
(1) The name and address of the developer.
(2) The serial number of the permit requiring renewal.
(3) Any change in information submitted since the original permit was issued or
the latest renewal granted. If there have been no changes, the application shall
so state.”
§210-55. Review by Planning and Development Board.
The text of Section 210-55 (A) is hereby amended as follows:
“(A) Transmittal to Planning and Development Board. When the Director of Planning
and Development or designee[Building Commissioner] is satisfied that the original or
renewal application appears complete and in the required form, he/she shall transmit
said application to the City Planning and Development Board for its consideration.”
§210-56. Action by Common Council.
The text of Section 210-56(D), (E) is hereby amended as follows:
“(D) Furnishing copy to developer. A copy of the Common Council's determination shall
be mailed to the developer. The application and supporting documents, together with
the Common Council's determination, shall be filed in the [office of the] Department of
Planning, Building and Development[Building Commissioner].”
“(E) Procedure upon approval. If the Common Council approves the application or
approves the application with modifications which are accepted by the developer, the
Director of Planning and Development or designee[Building Commissioner] shall
issue the original or renewal permit, as appropriate.”
June 5, 2013
34
Article X – Design Requirements
§210-71. Recreational, Community and Open Spaces.
The text of Section 210-71(B) is hereby amended as follows:
“(B) The Planning and Development Board may recommend and the Director of
Planning and Development[Building Commissioner] or his/her designee may
establish such conditions on the ownership, use and maintenance of open recreation
spaces as deemed necessary to assure the preservation of such open spaces for their
intended purposes.”
Article XII – Administration
§210-74. Administrative Personnel.
The text of Section 210-74 is hereby amended as follows:
Ҥ210-74. Administrative Personnel.
A. The Director of Planning and Development or designee[Building Commissioner]
shall administer and secure compliance with the applicable housing standards.
B. The Director of Planning and Development or designee[Building Commissioner]
shall have as his/her representatives such assistants and inspectors as may be
necessary to carry out effectively the powers and duties of his/her office.
C. All personnel shall be qualified and appointed as prescribed by law and shall be
furnished with appropriate official badges or identification cards.
D. All personnel shall be free from personal liability for acts done in good faith in the
performance of their official duties.”
§210-75. Powers and Duties of Building Commissioner.
The text of Section 210-75 is hereby amended to read as follows:
Ҥ210-75.Powers and Duties of Director of Planning and Development in Relation to
Housing Standards[Building Commissioner].”
A. The Director of Planning and Development[Building Commissioner] shall be
charged with the duty of administering the applicable housing standards and securing
compliance therewith and shall be empowered to adopt rules and regulations necessary
for securing such compliance, provided that such rules and regulations shall not be in
conflict with the applicable housing standards.
B. The Director of Planning and Development[Building Commissioner], his/her
assistants and inspectors shall be authorized to conduct surveys of housing in any area
of the municipality to determine the condition of the premises, extent of deterioration,
the lack of facilities, inadequate maintenance, unsafe and unsanitary conditions, the
extent of overcrowding, land use and other relevant factors.
C. It shall be the duty of the Director of Planning and Development or
designee[Building Commissioner]:
(1) To cause periodic rental housing inspections to be made at least once every
five years of all rental dwelling units that are either a single-family unit or a two-
family unit, at least once every three years of all rental dwellings with three or
more units or rental dwelling units with five or more unrelated occupants residing
with any one family and at least once a year of all student housing, dormitories,
fraternities and sororities, for compliance with the New York State Uniform Fire
Prevention and Building Code, New York State Multiple Residence Law, City of
Ithaca Municipal Code and all applicable housing standards. Inspections may be
made more often or of any dwelling unit at the discretion of the Director of
Planning and Development or designee[Building Commissioner].
June 5, 2013
35
(2) To cause an investigation of all complaints of alleged housing violations or
other unsafe or unsanitary conditions.
(3) To order, in writing, the remedying of all conditions found to exist in or on any
premises in violation of provisions of the housing standards or of rules and
regulations adopted by the agency, to state in the violation order a reasonable
time limit for compliance therewith and, where necessary, to order the vacation of
premises found unfit for human habitation.
(4) To request the chief legal officer of the municipality to take appropriate legal
action in the name of the agency upon failure of the responsible party to comply
with such violation order within the time specified therein.
(5) To cause a search of the municipality's records of housing violations existing
on any premises and to issue a certified statement thereof upon receipt of written
request and payment of any fees required by local law or ordinance.
(6) To study housing conditions in the municipality.
(7) To cooperate with other municipal, governmental and private agencies
engaged in the study and improvement of housing conditions.
D. Where violations of the housing standards exist and pose an immediate hazard or
danger to the health, safety or welfare of building occupants or of the public, the
Director of Planning and Development or designee[Building Commissioner] may,
without prior notice or hearing, issue an order citing the violation and directing such
action by such municipal officer, department or board as is necessary to remove or
abate the immediate hazard or danger. Notwithstanding any other provision of this
code, such order shall be effective immediately upon service and shall be complied with
immediately or as otherwise provided.”
§210-76. Inspection.
The text of Section 210-76(B) is hereby amended as follows:
“(B) Owners, agents, operators and occupants shall be responsible for providing access
to all parts of the premises within their control to authorized agency personnel acting in
the performance of their duties. In the event of refusal or failure to provide such access
as herein provided, a warrant may be issued by the City Judge and/or an appearance
ticket may be issued by the office of the Director of Planning and Development or
designee[Building Commissioner].”
§210-77. Records.
The text of Section 210-77 is hereby amended as follows:
Ҥ210-77. Records.
The Director of Planning and Development or designee[Building Commissioner]
shall keep records of all complaints received, inspections made and violations found
regarding premises regulated by the housing standards. Records shall be kept in a
manner and form as prescribed by local law, ordinance or regulation or direction of the
Housing Board of Review and shall be available for public inspection.”
§210-78. Housing Board of Review.
The text of Section 210-78 is hereby amended as follows:
Ҥ210-78. Housing Board of Review.
A. The Housing Board of Review shall consist of five persons, each to serve a term of
three years. The members of the Board that is in existence at the time of the passage of
this chapter shall continue to the end of their previously appointed terms. The Mayor
shall appoint persons to fill vacancies that occur at the termination of such terms or due
to resignation, in which case the appointment will be made to fill out the term from which
the member resigned.
June 5, 2013
36
B. The Secretary of the Board shall be the Director of Planning and Development or
designee[Building Commissioner]. The Board of Review shall adopt from time to time
such rules and regulations as it may deem necessary to carry into effect the provisions
of this chapter, and all its orders and resolutions shall be in accordance therewith.
These rules and regulations shall be in effect when filed with the City Clerk. The Board,
at its first meeting of the year, shall elect one of its own members as Chairperson. In the
absence of the Chairperson at any meeting, the Board shall choose an Acting
Chairperson for that meeting.
C. The duties of the Housing Board of Review shall be to hear appeals for variances
from the orders of the Director of Planning and Development or designee[Building
Commissioner] and to afford relief in such cases where, in its opinion, strict enforcement
of the order would create practical difficulties or unnecessary hardship.”
§210-79. Hearings.
The text of Section 210-79(A)(2) is hereby amended as follows:
“(2) Any person issued an order by the Director of Planning and Development or
designee[Building Commissioner] to vacate a building due to a violation of this chapter
or due to imminent danger as stated in the Property Maintenance Code of New York
State shall be granted a hearing before the Housing Board of Review, provided that
such person shall file with the Secretary of the Board a written petition requesting such
hearing and setting forth a statement of the grounds therefor within five business days
after the service of such order.“
Article XIV – Penalties
§210-87. Other remedies.
The text of Section 210-87 is hereby amended as follows:
Ҥ210-87. Other remedies.
The City Controller or the Common Council may direct the Director of Planning and
Development or designee[Building Commissioner] to maintain an action or proceeding
in the name of the City in a court of competent jurisdiction to compel compliance with or
to restrain by injunction the violation of this chapter or any rule or regulation adopted
pursuant hereto notwithstanding the imposition of the above penalty or punishment for
such violation.”
Section 11. Chapter 228 of the City of Ithaca Municipal Code entitled “Landmarks
Preservation” is hereby amended to read as follows:
§228-3. Designation of individual landmarks or historic districts.
The text of Section 228-3(D), (H) is hereby amended as follows:
“(D) Notice of a proposed designation shall be sent to the owner or owners of the
property or properties proposed for designation, describing the property proposed, or if
in a district, the proposed district boundary, and announcing a public hearing by the
Commission to consider the designation. Where the proposed designation involves so
many owners that the Commission deems individual notice to be infeasible, notice may
instead be published at least once in the City's official newspaper at least 15 days prior
to the date of the public hearing. Once the Commission has issued notice of a proposed
designation, no building permits or demolition permits shall be issued by the
Department of Planning, Building and Development[Building Commissioner] as long
as the proposed designation is under active consideration by the Commission and until
the Commission has made its decision, but in any event no longer than 60 days after
completion of the public hearing.”
“(H) Any designation approved by the Council shall be in effect on and after the date of
approval by Council. The Commission shall forward notice of each property designated
as an individual landmark and the boundaries of each designated historic district to the
Director of Planning and Development[Building Commissioner] and the City Clerk for
recordation.”
June 5, 2013
37
§228-6. Certificate of appropriateness application procedure.
The text of Section 228-6(G) is hereby amended as follows:
“(G) All decisions of the Commission shall be in writing. A copy shall be sent to the
applicant by mail, and a copy filed with the Director of Planning and
Development[Building Commissioner] and City Clerk for public inspection, within 10
days of the date of the decision. The Commission's decisions shall state the reasons for
denying or modifying any application.”
§228-10. Finding of economic hardship application procedure.
The text of Section 228-10(D) is hereby amended as follows:
“(D) All decisions of the Commission shall be in writing and shall state the reasons for
granting or denying the requested finding of economic hardship. A copy shall be sent to
the applicant by mail and a copy filed with the Director of Planning and
Development[Building Commissioner] and City Clerk for public inspection within 10
days of the date of the decision.”
§228-12. Enforcement; violations; penalties for offenses.
The text of Section 228-12 is hereby amended as follows:
Ҥ228-12. Enforcement; violations; penalties for offenses.
A. All work performed pursuant to a certificate of appropriateness issued under this
chapter shall conform to the requirements included therein. It shall be the duty of the
Director of Planning and Development or designee[Building Commissioner] to
inspect periodically any such work to assure compliance. In the event work is found that
is not being performed in accordance with the certificate of appropriateness, the
Director of Planning and Development or designee[Building Commissioner] shall
issue a stop-work order, and all work shall immediately cease. No further work shall be
undertaken on the project as long as a stop-work order is in effect.
B. Any owner or person in charge of a property who demolishes or alters a property in
the absence of a certificate of appropriateness, a finding of economic hardship, or
approval by the Secretary of the Commission pursuant to § 228-6C of the City Municipal
Code may be required to restore the property and its site to its appearance prior to the
violation.
C. If, in the judgment of the Commission, a violation of § 228-11 exists that will result in
a detrimental effect upon the life and character of a designated historic property or on
the character of an historic district as a whole, the Commission shall notify the Director
of Planning and Development or designee[Building Commissioner]. If, upon
investigation, the Director of Planning and Development or designee[Building
Commissioner] finds noncompliance with the requirements of the Property Maintenance
Code of New York State, or any other applicable regulation, the Director of Planning
and Development or designee[Building Commissioner] shall order such remedies as
are necessary and consistent with this chapter and shall provide written notice thereof
to the Secretary of the Commission.
D. Any violation of any provision of this chapter shall be deemed an offense and shall
be punishable as provided in Chapter 1 of the Municipal Code, General Provisions,
Article I, Penalties. Each day's continued breach shall constitute a separate additional
violation. In addition, the City shall have such other remedies as are provided by law to
enforce the provision of this chapter.”
Section 12. Chapter 240 of the City of Ithaca Municipal Code entitled “Noise” is hereby
amended to read as follows:
Article III – Other Provisions
§240-14. Permit procedures for certain activities.
The text of Section 240-14(E), (F), (G) is hereby amended as follows:
“(E) The application shall be made to the Superintendent of Public Works, or his/her
designee, in connection with construction work on public rights-of-way or in parks; to the
June 5, 2013
38
Director of Planning and Development[Building Commissioner], or his/her designee,
for all other construction projects; and to the Mayor, or his/her designee, for any other
events. The issuance of permits shall be discretionary, and a permit shall be issued only
where the responsible official determines that such permit is reasonable and necessary
and will allow an activity that is consistent with the general purposes of this chapter, as
stated in § 240-2. When determining if a permit should be issued, factors the official
shall consider shall include but are not limited to the volume of the noise, the proximity
of the noise to sleeping facilities, the time of the day or night the noise occurs, the time
duration of the noise, and the impact of the noise on persons living or working in
different places or premises who are affected by the noise. Any permit granted shall
state that the permit only applies to this chapter, and that § 240.20, Subdivision 2, of the
Penal Law of the State of New York, Disorderly Conduct, provides that "a person is
guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance
or alarm or recklessly creating a risk thereof: ... he makes unreasonable noise."
(F) In order to further the purposes of this chapter and to facilitate its implementation
and enforcement, the Superintendent of Public Works, the Director of Planning and
Development[Building Commissioner] and the Mayor, or their designees, shall have
authority to impose such conditions as they determine are reasonable and necessary on
permits they issue pursuant to this section. Such conditions may govern factors which
include but are not limited to the time and location the involved sound source may be
utilized.
(G) The Superintendent of Public Works, the Director of Planning and
Development[Building Commissioner] and the Mayor or their designees shall provide
the Chief of Police with a copy of any permit issued pursuant to this section.”
Section 13. Chapter 272 of the City of Ithaca Municipal Code entitled “Signs” is hereby
amended to read as follows:
§272-5. Prohibited signs.
The text of Section 272-5(D) is hereby amended as follows:
“(D) Any sign displaying flashing or intermittent lights or lights changing degrees of
intensity, except a sign indicating time or temperature, with changes alternating on not
more than five-second cycles when such time or temperature sign does not constitute a
public safety or traffic hazard in the judgment of the Director of Planning and
Development or designee[Building Commissioner]; provided, however, that no such
sign shall be permitted in any historic district.”
§272-6. Signs permitted in all districts.
The text of Section 272-6(A)(6) is hereby amended as follows:
“(6) Murals.
(a) Where any part of a mural will be visible from a public way, a description and
a drawing of the proposed mural shall be submitted to the Department of
Planning, Building and Development[Building Commissioner] for a
determination as to whether such mural, or any part thereof, would constitute
signage within the meaning of the definitions of "mural" and "sign" in § 272-3
above. The description submitted shall fully explain the proposal in terms of size,
location on the property, graphic/pictorial content and relationship to any signage
existing or proposed for the property to aid the Department of Planning,
Building and Development[Building Commissioner] in making his/her
determination.
(b) Upon receipt of a proposal for a mural for any property subject to the
provisions of Chapter 160, Design Review, or Chapter 325, Zoning, Article VIII,
Courthouse Special Use Zone, or Chapter 228, Landmarks Preservation, of this
Code, or facing such property, the Director of Planning and Development or
designee[Building Commissioner] shall notify the Planning and Development
Board, the Public Art Commission, and/or the Landmarks Commission, as
June 5, 2013
39
applicable, for their information and any appropriate action and shall so inform
the applicant.
(c) Upon determination by the Director of Planning and Development[Building
Commissioner] or his/her designee that a proposed mural does not constitute
signage, murals not subject to further review as indicated above may be erected
without permit or fee. Murals or any part thereof which are determined to be
signage shall be subject to the provisions of this chapter for signs.”
§272-10. Permit required.
The text of Section 272-10 is hereby amended as follows:
Ҥ272-10. Permit required.
Except as otherwise herein provided, no person shall erect any sign, as defined herein,
without first obtaining a permit from the Department of Planning, Building and
Development[Building Commissioner].”
§272-11. Application for Permit.
The text of Section 272-11 is hereby amended as follows:
Ҥ272-10. Permit required.
Application for the permit shall be made to the Department of Planning, Building and
Development[Building Commissioner], in writing, in duplicate, upon forms prescribed
and provided by the Department of Planning, Building and Development[Building
Commissioner], and shall contain the following information:
A. The name, address and telephone number of both the applicant and the
owner of the property on which the sign is to be located.
B. The location of the building, structure or land to which or upon which the sign
is to be attached or erected.
C. A detailed drawing or blueprints showing a description of the construction
details of the sign and showing the lettering and/or pictorial matter composing the
sign; the position of lighting or other extraneous devices; and a location plan
showing the position of the sign on any building or land and its position in relation
to nearby buildings or structures and to any private or public street or highway.
D. Written consent of the owner of the building, structure or land to which or on
which the sign is to be erected in the event that the applicant is not the owner
thereof.
E. A copy of any required or necessary electrical permit issued for said sign or a
copy of the application for such permit.
F. Such additional information as the Director of Planning and Development or
designee[Building Commissioner] may reasonably require in order to carry out
the intent of this chapter.”
§272-13. Issuance, expiration and renewal of permit.
The text of Section 272-13(A) is hereby amended as follows:
“(A) Director of Planning and Development or designee[Building Commissioner] to
investigate and issue permit. It shall be the duty of the Director of Planning and
Development[Building Commissioner] or designee, upon the filing of an application for
a permit to erect a sign, to examine such plans, specifications and other data submitted
to him/her with the application and, if necessary, the building or premises upon which it
is proposed to erect the sign or other advertising structure. If it shall appear that the
proposed sign is in compliance with all the requirements of this chapter and other laws
and ordinances of the City of Ithaca, New York, the Director of Planning and
June 5, 2013
40
Development[Building Commissioner] or designee shall then, within 15 days, issue a
permit for the erection of the proposed sign.”
§272-14. Conformance required; maintenance; revocation of permit.
The text of Section 272-14(C) is hereby amended as follows:
“(C) Revocation for failure to correct violation. In the event of a violation of any of the
foregoing provisions, the Director of Planning and Development[Building
Commissioner] or his/her designee shall give written notice, specifying the violation, to
the named owner of the sign and the named owner of the land upon which the sign is
erected, sent to the addresses as stated in the application for the sign permit, to
conform or remove such sign. The sign shall thereupon be conformed by the owner of
the sign and the owner of the land within 60 days from the date of said notice. In the
event that such sign shall not be so conformed within 60 days, the Director of
Planning and Development[Building Commissioner] or his/her designee shall
thereupon revoke the permit, and such sign shall be removed by the named owner of
the sign or the named owner of the land within 30 days after receipt of notice of permit
revocation.”
§272-15. Unsafe or dangerous signs.
The text of Section 272-15 is hereby amended as follows:
Ҥ272-15. Unsafe or dangerous signs.
If the Director of Planning and Development[Building Commissioner] or his/her
designee shall find that any sign regulated by this chapter is unsafe or insecure or is a
menace to the public, he/she shall give written notice to the named owner of the sign
and the named owner of the land upon which the sign is erected, who shall remove or
repair said sign within 14 days from the date of said notice. If said sign is not removed
or repaired, the Director of Planning and Development[Building Commissioner] or
his/her designee shall revoke the permit issued for such sign, as herein provided, and
may remove or repair said sign and shall assess all costs and expenses incurred in said
removal or repair against the land or building on which such sign was located. The
Director of Planning and Development[Building Commissioner] or his/her designee
may cause any sign which is a source of immediate peril to person or property or any
temporary sign not removed at the expiration of 30 days to be removed summarily and
without notice.”
§272-16. Historic Signs.
The text of Section 272-16 is hereby amended as follows:
Ҥ272-16. Historic Signs.
Historic signs in any zoning district shall be exempt from the requirements to conform,
and from other requirements of this chapter, provided that an approved historic sign
permit is obtained in accordance with the following:
A. Procedure.
(1) Requests for retention of signs which are felt to be historic may be made to
the Department of Planning, Building and Development[Building
Commissioner] by the owner of the property on which such sign is located, by
the owner's agent or by any other party with the owner's consent and shall be
made in writing. Each such request shall be accompanied by a statement
outlining the reason for the request, including written or pictorial information
documenting the sign's history, original and current purpose, colors and other
relevant details which may be helpful in evaluating the request.
(2) Upon receipt of a completed request form and supporting documentation,
the Director of Planning and Development or designee[Building
Commissioner] shall refer the applicant to the Landmarks Commission for a
determination as to whether the sign is historic. Upon receipt of a
June 5, 2013
41
determination from the Landmarks Commission, the Director of Planning and
Development[Building Commissioner] or designee shall determine whether
the sign is related directly to uses currently existing on the premises and, if so,
shall proceed as if it were a regular sign permit application, subject to the
following:
(a) Signs determined by the Landmarks Commission to be historic shall be
permitted in addition to conforming signage currently existing on the
premises but shall be counted in computing the amount of signage
permitted on the premises in the event that additional signs are applied
for. Nonconforming, nonhistoric signage on the premises shall be treated
as provided in § 272-14 and shall not preclude approval of historic signs.
(b) Consistent with considerations of safety, such signs shall be permitted
to retain their original size, shape, location, method of attachment,
illumination, projection from building surface and other characteristics.
Modifications thereto for any purpose shall respect the character and
appearance of the original sign, and the reasons for such modification
shall be clearly explained in the application.
(c) If such sign would be in any respect nonconforming to the provisions of
this chapter, it shall be referred to the Board of Zoning Appeals for
approval.
(3) Historic signs which are clearly unrelated to existing uses of the premises
and which conform in all other respects to the requirements of this chapter may
be approved without referral to the Board of Zoning Appeals and shall not be
counted against the signage permitted on the premises so long as they remain
functionally unrelated to existing uses thereon. Historic signs forming an
integral part of the original design or ornament of a building shall not be
required to be removed, conformed or obliterated in order to comply with the
terms of this chapter but shall be reviewed as provided by this section.
B. Signs on landmark sites. Signs on sites designated as local landmarks shall
be referred to the Landmarks Commission for a determination and a certificate of
appropriateness before approval action by the Director of Planning and
Development or designee[Building Commissioner] or Board of Zoning Appeals.
Signs on sites designated as having state or national historic significance but not
locally designated shall be referred to the Landmarks Commission for
determination as to whether they are historic and shall be governed by applicable
regulations.
C. Maintenance, repair, alteration and restoration.
(1) Approved historic signs shall be maintained in accordance with the
provisions of this chapter and other applicable regulations. Approval of an
historic sign permit shall bear with it the responsibility of the owner of the
sign to maintain and rehabilitate the sign to a state as close to the original
condition and appearance as feasible, including the restoration of exposed
neon-type illuminating systems to operation. Replacement of original visible
components with substitutes to retain the original appearance shall be
permitted, provided that such replacements accurately reproduce the size,
shape, color and finish of the original.
(2) Alterations or repairs to historic signs shall be accomplished using
materials which match original materials as closely as possible and which, in
any case, are compatible with the original. Historic signs which are severely
damaged or deteriorated or which are for other good reason impractical to
rehabilitate or repair in their existing condition, including signs remaining
basically intact in their original location which have been partly obscured by
over-painting or weathering or which have been covered by subsequent
building remodeling, may be reproduced in a format as closely matching the
June 5, 2013
42
original as possible and may be relocated or erected in a position near the
original location, consistent with the other provisions of this chapter and with
consideration of aesthetics. Alterations, reproductions or relocations of
historic signs shall be referred to the Landmarks Commission for approval or
a certificate of appropriateness.
(3) In the event that a historic sign is not rehabilitated or maintained in
accordance with the terms of this subsection within one year of the issuance
of a historic sign permit, the Director of Planning and Development or
designee[Building Commissioner] shall be authorized to require its
maintenance, repair or removal as provided in §§ 272-14 and 272-15.”
§272-17. Duty and Authority of Planning and Development Board.
The text of Section 272-17 is hereby amended as follows:
Ҥ272-17. Duty and Authority of Planning and Development Board.
The Planning and Development Board shall advise the Director of Planning and
Development[Building Commissioner] with reference to desirable and effective use of
signs for the purpose of enhancing and maintaining the natural beauty and cultural and
aesthetic standards of the community. The Planning and Development Board may
advertise, prepare, print and distribute pamphlets and other media which, in its
judgment, will further these purposes.”
§272-18. Variances, Review and Appeal.
The text of the first sentence of Section 272-18 is hereby amended as follows:
Ҥ272-18. Variances, Review and Appeal.
Any person aggrieved by any decision of the Director of Planning and Development
or designee[Building Commissioner] relative to the provisions of this chapter may
appeal such decision to the Board of Zoning Appeals, as provided in Chapter 325,
Zoning, of this Code, and shall comply with all procedural requirements prescribed by
said Board of Zoning Appeals, including payment of a fee of $100 to defray the cost of
the required legal notice and written notice to all property owners within 200 feet of the
boundaries of the proposed sign location.” …
Section 13. Chapter 276 of the City of Ithaca Municipal Code entitled “Site Plan
Review” is hereby amended to read as follows:
§276-6. Site plan review (SPR) procedures.
The text of Section 276-6(A), (C)(6), (D), is hereby amended as follows:
“A. Process Initiation.
(1) The Director of Planning and Development[Building Commissioner] or
his/her designee shall determine whether SPR is required when an application
for a building permit, a demolition permit, or a fill permit is filed. Such
determinations may be appealed to the Planning and Development Board within
30 days of the written notification that SPR is required.
(2) For projects which do not require a building permit, as described in 276-3A(2),
the Director may request of the Superintendent of Public Works that a project be
subject to SPR. If the Superintendent and Director concur, then the project shall
be subject to SPR. If they do not agree, the Director may request that Common
Council decide if SPR shall apply. The Director shall, in accordance with 276-
5C, determine if the project requires review by the Board.”
C. “(6) Communication of decision. The Director of Planning and
Development[Building Commissioner] and the applicant shall be notified, in writing, of a
site plan review decision no later than 10 working days after the date of decision. When
a site plan is approved, a stamped copy of the approved site plan, including any
conditions of approval, shall accompany the notification to the Director of Planning
and Development[Building Commissioner].”
June 5, 2013
43
“(D) Changes to approved site plan. Proposed changes (whether before or after
construction) to approved site plans must be submitted to the Department of Planning,
Building and Development[Commissioner] for review to determine whether the effect
of the proposed changes warrants reconsideration of the project’s approval status. The
Director of Planning and Development[Commissioner in consultation with the
Director] or designee shall make one of the following determinations:
(1) That the proposed changes do not affect the approval status of the site plan.
(2) That the changes are significant and shall require a reopening of the review.
(3) That the proposed changes are likely to have such an extensive or significant
effect on the project that a new SPR application is required.”
§276-7. Project review criteria.
The text of Section 276-7(B)(5) is hereby amended as follows:
“(5) Notwithstanding any provision of this chapter or any other City ordinance or
regulation to the contrary, an approved site plan may not be modified without express
written approval of the Planning and Development Board except as approved by the
Director of Planning and Development or designee[Building Commissioner upon
consultation with the Director] as specified herein above.”
§276-9. Performance guaranty.
The text of Section 276-9 is hereby amended as follows:
Ҥ276-9. Performance guaranty.
No certificate of occupancy or certificate of completion shall be issued until all
improvements required by site plan approval are installed, and including any conditions
placed on such approval are fulfilled, or until a sufficient guaranty, in the form of a
performance bond, letter of credit or other security, is in place. The Director of
Planning and Development[Building Commissioner] or his/her designee shall be
responsible for the overall inspection of site improvements.”
§276-12. Appeals.
The text of Section 276-12(A) is hereby amended as follows:
“(A) The determination (by the Director of Planning and Development[Building
Commissioner] or his/her designee) of whether a development proposal is subject to
SPR may be appealed to the Board within 30 days of the written notification that SPR is
required.”
Section 14. Chapter 290 of the City of Ithaca Municipal Code entitled “Subdivision of
Land” is hereby amended to read as follows:
Article 1 – General Provisions
§290-3. Approval and compliance required for sale of property.
The text of Section 290-3(A) is hereby amended to read as follows:
“(A) Whenever any lot line is proposed to be adjusted between adjacent landowners
and before any sale of property for such lot line adjustment, the owner or the owner's
agent shall apply, in writing, to the Department of Planning, Building and
Development[Building Commissioner] for approval of the lot line adjustment. See
Article II.”
§290-5. Authorization of Building Commissioner and Director of Planning and
Development.
The text of the title of Section 290-5 is hereby amended as follows:
Ҥ290-5. Authorization of[ Building Commissioner and] Planning and Development
Board and Director of Planning and Development or Designee.”
The text of Section 290-5(B) is hereby amended to read as follows:
June 5, 2013
44
“(B) The Director of Planning and Development[Building Commissioner] or his/her
designee shall have the authority to implement the provisions of this chapter pertaining
to lot line adjustments.“
Article II – Lot Line Adjustments.
§290-6. Lot Line Adjustment Procedures.
The text of Section 290-6 is hereby amended as follows:
Ҥ290-6. Lot Line Adjustment Procedures.
A. Applications for lot line adjustments shall be made in writing to the Department of
Planning, Building and Development[Building Commissioner], and shall consist of the
following documentation:
(1) Map. A survey map prepared by a licensed engineer or surveyor which
indicates the existing lot lines as well as the proposed adjusted lot line on a scale
no smaller than one inch equaling 100 feet.
(2) Copies of the deeds to the properties in their current configuration, and a
proposed deed for the parcel to be conveyed as a result of the lot line
adjustment. A metes and bounds description of the properties in their present
configuration and the proposed new configuration.
(3) Fee. The lot line adjustment application fee in accordance with § 290-15.
B. The Director of Planning and Development[Building Commissioner] or designee
shall review the application to ensure that the lot line adjustment will not result in
violation of any City codes.
C. The Director of Planning and Development[Building Commissioner] or designee
shall have 30 days from the date he receives the application to approve or deny an
application for a lot line adjustment. If the application is approved, the Director of
Planning and Development[Building Commissioner] or designee shall issue a
certificate of lot line adjustment, which shall be filed in the Tompkins County Clerk
concurrently with the deed effecting the lot line adjustment.”
Article III – Plat Approval Procedure
§290-7. General procedure.
The text of Section 290-7(A) is hereby amended as follows:
“(A) Subdivision plat. The subdivider shall file a subdivision plat with the Planning and
Development Board. If the Planning and Development Board determines that the
application is for a lot line adjustment, the Board shall refer the application to the
Department of Planning, Building and Development[Building Commissioner] to be
dealt with in accordance with Article II, and shall inform the owner or the owner's agent
of the Board's action.”
Section 15. Chapter 295 of the City of Ithaca Municipal Code entitled “Swimming Pools”
is hereby amended to read as follows:
§295-7. Construction and equipment requirements.
The text of Section 295-7(E) is hereby amended as follows:
“(E) Referral to Director of Planning and Development[Building Commissioner]. The
Director of Planning and Development[Building Commissioner] or his/her designee
shall pass upon the safety and adequacy of the design, materials, construction and
equipment of all swimming pools. In doing so, he/she may be guided by the minimum
standards for residential pools of the National Swimming Pool Institute.”
Section 16. Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning” is hereby
amended to read as follows:
June 5, 2013
45
Article 1 – General Provisions
§325-3. Definitions and word usage
The text of the definition of “Approved” in Section 325-3(B) is hereby amended as
follows:
“APPROVED
Approved by the Director of Planning and Development or his/her
designee[Building Commissioner] under the regulations of this chapter or approved by
an authority designated by law or this chapter.”
The text of the definition of “Fast-Tracking” in Section 325-3(B) is hereby amended as
follows:
“FAST-TRACKING
That type of construction which divides the design stage into component parts, each
story or stage of the building or structure requiring approval by the Director of
Planning and Development or designee [Building Commissioner] previous to
construction: Each story or stage of the building or structure can be built before the
design for any subsequent story need to be completed or approved. Fast-tracking does
not exempt the owner from any other provisions of this chapter or any other City
ordinance. The initial application for fast-tracking shall include the submission of
architectural preliminary drawings of the conceptual plan and design, including at least
ground plan dimensions and building height, which shall not be altered at any later
stage except by express consent of the Director of Planning and Development or
designee [Building Commissioner].”
Article III – Special Conditions and Special Permits
§325-9. Standards for special conditions and special permits
The text of Section 325-9(B) is hereby amended as follows:
“(B) Special conditions. The Director of Planning and Development or
designee[Building Commissioner] shall approve the following uses only when the
special conditions specified in this subsection have been met:
(1) Development in R-3 Districts which abut R-1 Districts. The development of any
permitted use in the R-3a or R-3b Zoning Districts, except a one-family dwelling or
a two-family dwelling, shall be subject to the following special conditions if the land
on which the development occurs directly abuts land in either the R-1a or R-1b
Zoning District.
(a) Minimum lot size (area in square feet): The required area in square feet
needed to satisfy the minimum lot size requirement shall be 150% of the
requirement shown on the District Regulations Chart for the R-3a or R-3b
District.
(b) Maximum building height: The maximum building height requirement shall
be the same as the requirement on the abutting R-1a of R-1b District.
(c) Maximum percent of lot coverage by buildings: The maximum percent of lot
coverage by buildings shall be 75% of the requirement shown on the District
Regulations Chart for the R-3a or R-3b District.
(d) Yard dimensions, side or rear yards: The minimum required side or rear
yard requirement shall be 150% of the requirement shown on the District
Regulations Chart for the R-3a or R-3b District if the side or rear yard abuts
land in the R-1a or R-1b District.”
The text of Section 325-9(C)(4)(e)[3] is hereby amended to read as follows:
“[3] Applications shall be submitted in writing to the Department of Planning, Building
and Development[Building Commissioner] and shall include:
[a] The name, address and phone number(s) of the contact person.
June 5, 2013
46
[b] A description of the refuse disposal procedure to be followed and of the
intended use of organic materials, chemical fertilizers, herbicides and pesticides.
[c] A site plan showing the proposed locations of all features of the site, including
access point(s) and any of the required parking spaces that may be located on
adjacent property.”
The text of Section 325-9(C)(4)(e)[9] is hereby amended to read as follows:
“[9] Special permits for neighborhood and community gardens shall be reviewed by the
Director of Planning and Development or designee[Building Commissioner] at least
annually for compliance with this section and with any conditions established by the
Board. If, following such review or investigation of any complaint, the Director of
Planning and Development or designee[Building Commissioner] determines that a
substantial violation exists, notice of such violation shall be mailed to the contact person
designated in accordance with Subsection C(4)(e)[2] above, requiring that such violation
be corrected within 15 days. If satisfactory correction is not made, the permit may be
revoked by the Director of Planning and Development or designee[Building
Commissioner]. Appeals to such revocation shall be made to the Board as provided in
§ 325-41 of this chapter.”
The text of Section 325-9(C)(4)(g)[1][a] is hereby amended as follows:
“[a] Each such use before it commences must obtain a certificate of occupancy from the
Director of Planning and Development or designee[Building Commissioner].”
The text of Section 325-9(C)(4)(h)[4] is hereby amended as follows:
“[4] Renewals. The renewal of temporary home occupation special permits for additional
three-year periods shall be granted by the Director of Planning and Development or
designee[Building Commissioner] following inspection of the premises by the [Building
]Department of Planning, Building and Development, submission of a renewal
application form issued by the [Building ]Department of Planning, Building and
Development and an affidavit stating that the conditions as originally set forth to the
Board of Zoning Appeals have not changed in any way. It is the responsibility of permit
holders to renew their temporary special permits. The Director of Planning and
Development or designee[Building Commissioner] shall determine that the premises
still meet the standards of the New York State Uniform Fire Prevention and Building
Code and that the original qualifying conditions still exist. The Director of Planning and
Development or designee[Building Commissioner] is authorized to charge a fee of $30
for each renewal inspection conducted.”
The text of Section 325-9(C)(4)(h)[6] is hereby amended as follows:
“[6] Periodic Review. The Department of Planning, Building and Development
[Building Commissioner and the Department of Planning and Development ]shall review
the effects of this section at least every five years to determine the long-term effect on
the residential character of the neighborhoods.”
§325-10. Accessory Apartments.
The text of Section 325-10(C) is hereby amended as follows:
“(C) Renewals. Renewal permits for additional three-year periods shall be granted by
the Director of Planning and Development or designee[Building Commissioner]
following inspection of the premises by the Department of Planning, Building and
Development[Building Department], submission of a renewal application form issued
by the Department of Planning, Building and Development [Building
Department]and an affidavit stating that the conditions as originally set forth to the
Board of Zoning Appeals have not changed in any way. The Director of Planning and
Development or designee[Building Commissioner] shall determine that the premises
still meet the standards of the New York State Uniform Fire Prevention and Building
Code and that the original qualifying conditions still exist.”
June 5, 2013
47
The text of Section 325-10(D)(8) is amended as follows:
“(8) Deed restriction. Within 30 days of an accessory apartment permit, the owner(s)
must record at the Tompkins County Clerk's office a declaration of covenants on the
subject property, with cross-referencing to the original deed, and provide proof of such
recording and cross-referencing to the Department of Planning, Building and
Development[Building Commissioner], who may then issue a building permit. The
declaration shall state that the right to use the property as a two-family dwelling ceases
if the property is not occupied by the owner of this real property for his or her legal full-
time residence as required by § 325-10D of the City of Ithaca Municipal Code. The
declaration shall go on to state that the special permit granted by the Board of Zoning
Appeals expires unless renewed every three years as required by § 325-10C of the City
of Ithaca Municipal Code. The Director of Planning and Development or
designee[Building Commissioner] shall note the existence of an accessory apartment
on the record of the property.”
The text of Section 325-10(F) is hereby amended as follows:
“(F) Revocation. The Director of Planning and Development or designee[Building
Commissioner] shall revoke any special permit issued hereunder should the applicant or
the applicant's tenant violate any provision of this chapter or any condition imposed
upon the issuance of the special permit.”
The text of Section 325-10(G) is hereby amended as follows:
“(G) Periodic review. The [Building Commissioner and other staff of the] Department of
Planning, Building and Economic Development shall review the effects of this section at
least every five years to determine the long-term effect on the residential character of
the neighborhoods.”
Article V – Supplementary Regulations
§325-15. Use regulations.
The text of Section 325-15(A)(1) hereby amended as follows:
“(1) No person shall strip, excavate or otherwise remove topsoil for sale or for use other
than on the premises from which the same shall be taken, except in connection with the
construction or alteration of a building on such premises and excavation or grading
incidental thereto, which shall make such premises subject to erosion or flooding or
which shall leave such premises without topsoil adequate for the establishment of
vegetation typical to the area. Removal of topsoil in excess of the foregoing requirement
shall be subject to approval and issuance of a permit therefor by the Director of
Planning and Development or designee [Building Commissioner].”
The text of Section 325-15(F) is hereby amended as follows:
“(F) Gasoline service stations. The Director of Planning and Development or
designee[Building Commissioner] shall refer all applications for permits to construct or
alter gasoline service stations to the Fire Chief, the Chief of Police and the City Traffic
Engineer for analysis of fire, traffic and other possible hazards. The Director of
Planning and Development or designee [Building Commissioner] shall review their
comments on the proposed new or altered facility and may require modification of the
site plan to lessen potential fire, traffic and other hazards.”
§325-20. Off-Street Parking.
The text of Section 325-20(D)(1)(a) is hereby amended as follows:
“(a) Site plans and building permit. In all zoning districts, no parking area or driveway
may be constructed, added to, altered, or resurfaced (except for routine repairs in kind
or other minor alterations of an existing parking area, other than resurfacing, that do not
change the parking area or driveway's size, capacity, configuration, or drainage
characteristics) until a building permit therefor has been issued by the Director of
Planning and Development or designee[Building Commissioner]. All such building
June 5, 2013
48
permits shall be in accordance with this chapter's requirements. Prior to obtaining a
building permit, the applicant must submit two dimensioned plans, drawn to scale, one
indicating the existing conditions, and one that indicates the proposed conditions,
including the locations of all of the green areas, parking areas, associated maneuvering
areas and driveways, any required screening, direction of ground slope, and drainage
provisions, and includes a calculation in square feet of the area of paving and the area
of the yard in which paving already exists or is proposed to be constructed.”
The text of Section 325-20(D)(3)(g) is hereby amended as follows:
“(g) Shared parking. In a case where two or more establishments on the same lot, or on
lots meeting the distance requirements found in § 325-20D(4)(d) of this section, have
substantially different operating times, the Director of Planning and Development or
designee[Building Commissioner] (or, in the case of a project subject to site
development plan review, the Planning and Development Board) may approve the joint
use of parking spaces, provided that the Director of Planning and Development or
designee[Building Commissioner] or the Board or their designee finds that the intent
of the requirements of § 325-20 is fulfilled by reason of variation in the probable time of
maximum use by patrons and employees among such establishments.”
The text of Section 325-20(D)(4)(a) is hereby amended as follows:
“(a) The lot or parcel containing the off-site parking area must be connected to and
accessible by vehicular traffic from a public street. Off-site parking cannot also be
counted toward compliance with the parking requirement for any other use except for
those uses for which the Director of Planning and Development or designee[Building
Commissioner] has determined that shared parking is appropriate, as provided for in
§ 325-20D(3)(g).”
The text of Section 325-20(D)(4)(e) is hereby amended as follows:
“(e) All land which is used to provide off-site parking must be restricted to that use only,
for as long as the building is occupied by the use which requires off-street parking or
until substitute parking, approved by the Director of Planning and Development or
designee[Building Commissioner], is provided. Evidence of such off-site parking shall
be provided in the form of a recorded covenant, long-term lease or comparable
document that is approved by the Director of Planning and Development or
designee[Building Commissioner].”
The text of Section 325-20(J)(7) is hereby amended as follows:
“(7) Parking spaces on the main campus shall be identified on the map, "Main Campus
Parking Inventory, Cornell University Planning Office, March 2006." The map shall
provide the names of prominent buildings and roads for the sake of geographical
reference, and shall provide inventory control numbers for parking areas along with the
number of parking spaces in each of the control areas. The Main Campus Parking
Inventory map shall be updated every five years following its original date in 2006 and
shall be submitted to the Department of Planning, Building and Economic
Development[Building Commissioner] by April 15 of the year that an update is
required.”
The text of Section 325-20(J)(8) is hereby amended as follows:
“(8) The parking areas identified on the Main Campus Parking Inventory map shall also
be listed on a parking inventory spreadsheet, which shall give the inventory control
number and the number of spaces in each control area and shall also provide the total
number of parking spaces on the main campus. The spreadsheet shall be updated
every year and shall be submitted to the Department of Planning, Building and
Economic Development[Building Commissioner] by April 15 of each year.
Accompanying the spreadsheet shall be a summary of the parking changes that
occurred in the preceding year.”
June 5, 2013
49
The text of Section 325-20(J)(10) is hereby amended as follows:
“(10) Every year by no later than April 15, Cornell University shall submit to the
Department of Planning, Building and Economic Development[Building
Commissioner] a parking report that shall include:
(a) The annual parking inventory spreadsheet and summary;
(b) A count of full-time undergraduate and graduate students, full-time employees
and the full-time equivalents of each who are enrolled or working at Cornell;
(c) A count of full-time undergraduate and graduate students, full-time employees
and the full-time equivalents of each who are enrolled or working at Cornell
and who are enrolled in the TDM Program.”
The text of Section 325-20(J)(11) is hereby amended as follows:
“(11) Whenever 25 or more parking spaces on the main campus have been
permanently deleted after the last report to the Department of Planning, Building and
Economic Development[Building Commissioner], Cornell shall provide the
Department of Planning, Building and Economic Development[Building
Commissioner] with a report stating where the spaces were removed as well as provide
a statement indicating the total number of parking spaces remaining on the main
campus.”
The text of Section 325-20(J)(12) is hereby amended as follows:
“(12) Upon receipt of this parking report, the Director of Planning and Development
or designee[Building Commissioner] shall make a determination of compliance with
regard to the requirements of this Subsection I, and shall submit the University's report
and her/his determination to the City of Ithaca Planning and Development Board for
discussion and comment. Copies of the report and the [Building Commissioner's ]
determination of the Director of Planning and Development or designee shall also
be provided to the Director of Planning, Town of Ithaca, and the Zoning Officer, Village
of Cayuga Heights, for their information.”
§325-24. Special performance standards in Industrial District; penalties for offenses.
The text of Section 325-24(J) is hereby amended as follows:
“(J) Enforcement. The Director of Zoning Administration[Building Commissioner]
shall be responsible for alerting the appropriate agency or department of a need for
performance measurement when he/she becomes aware of a possible infraction of the
special performance standards. Enforcement of this section shall be under the
jurisdiction of the Director of Zoning Administration[Building Commissioner] and shall
comply with Article VII of this chapter.”
The text of Section 325-24(L) is hereby amended as follows:
“(L) Civil proceedings. In addition to other remedies, the Director of Planning and
Development or designee[Building Commissioner] may institute appropriate action or
proceedings to prevent any unlawful conduct or emissions prohibited by this section or
to compel compliance with the provisions of this section.”
§325-27. Temporary Moratorium.
The text of Section 325-27(C)(3)(a) is amended as follows:
“(a) During the effective period of the moratorium, the Department of Planning,
Building and Economic Development[Building Commissioner] shall cease to issue
permits for the following, within the affected area:
[1] Construction of any new structure;
June 5, 2013
50
[2] Alterations or additions to existing structures that would increase the legal
residential occupancy thereof;
[3] Exterior modification of any structures, where such modification would require
site plan review, except as allowed pursuant to Subsection C(2)(c) above; or
[4] Demolition of any structures, except as allowed pursuant to Subsection
C(2)(e) above.”
§325-29. Landmarks.
The text of Section 325-29 is hereby amended as follows:
Ҥ325-29. Landmarks.
Officially designated landmarks or landmark districts of the City shall be governed by
the provisions of Chapter 228, Landmarks Preservation, of this Code with respect to
changes in appearance. The Director of Planning and Development[Building
Commissioner] or designee shall be responsible for informing applicants of building,
grading, excavation or demolition permits affecting any landmark structure, monument,
site or district of the existence of such provisions. The Director of Planning and
Development or designee[Building Commissioner] shall further refer such application,
together with all necessary drawings and written material necessary for a full description
of the work proposed, to the City Landmarks Preservation Commission for review and
report prior to issuing any such permit. Upon receipt from the Commission of a
certificate of appropriateness concerning the proposed work, the Director of Planning
and Development[Building Commissioner] or his/her designee may issue such permit
and may require any changes to the proposed work which the Commission
recommends.”
Article VA Telecommunications Facilities and Services
§325-29.7. Land use and PWSF classifications.
The text of Section 325-29.7(C) is hereby amended as follows:
“(C) All PWSF’s require final approval pursuant to Chapter 276, Site Plan Review, and
issuance of a building permit and certificate of building compliance from the Director of
Planning and Development[Building Commissioner] or [his/her assignee]designee.”
§325-29.8. Standards.
The text of Section 325-29.8(D)(2) is hereby amended as follows:
“(2) Roof mounts on buildings shall have railings, if necessary, to protect workers.
Notices shall be posted, as directed by the Director of Planning and Development or
designee[City Building Commissioner] to warn of radio frequency radiation.”
§325-29.17. Registry, monitoring, inspection, abandonment and obsolescence.
The text of Section 325-29.17(B) is hereby amended as follows:
“B. Inspection.
(1) The owner or operator of PWSF shall provide for and conduct an inspection
of mounts at least once every five years. A report shall be provided to the [City of
Ithaca] Department of Planning, Building and Economic
Development[Building Commissioner] verifying compliance with previous
approvals and the City Code.
(2) The owner or operator of PWSF shall provide for and conduct an inspection
of radio frequency radiation at least once every two years by a licensed radio
frequency engineer. Three copies of a report shall be provided to the
Department of Planning, Building and Economic Development [to the City of
Ithaca Building Commissioner, who shall forward a copy to the Director of
Planning and Development], verifying that the radio frequency radiation is in
compliance with FCC Guidelines.”
June 5, 2013
51
Article VI Nonconforming Uses, Buildings and Lots
§325-30. Conditions of lawful continuation.
The text of Section 325-30(B) is hereby amended as follows:
“B. It shall be the responsibility of the Director of Planning and Development or
designee[Building Commissioner] to determine on a case-by-case basis which
buildings or lands have uses which will become legal nonconforming uses under the
new regulations. In making these determinations, the Director of Planning and
Development or designee[Building Commissioner] shall rely on the property records in
his/her office, based on the most recent information available for each building or land.
In cases where the actual property use differs from the use of record, it shall be the
property owner's responsibility to file a claim with supporting documentation to the
Department of Planning, Building and Economic Development[Building
Commissioner] within 90 days after the effective date of the amendment changing the
regulations. Director of Planning and Development or designee[Building
Commissioner] shall then review these claims and, at his/her sole discretion, determine
whether the claim is valid. Such determinations shall be made within nine months of the
effective date of the amendment changing the regulations. The Director of Planning
and Development or designee[Building Commissioner] may require such additional
information or testimony as deemed necessary in making such determination and may
also deny a claim on the basis of inadequate information supplied by the claimant. Any
property owner aggrieved from a decision by the Director of Planning and
Development or designee[Building Commissioner] may appeal to the Board of
Appeals for relief. Any property owner who fails to file a claim within the ninety-day filing
period may also file with the Board of Zoning Appeals following the provisions of § 325-
41 of this chapter.”
Article VII Administration and Enforcement
§325-37. Enforcement officer; assistance; appeals.
The text of Section 325-37(A), (B), (C) is hereby amended as follows:
“A. This chapter shall be administered and enforced by the Director of Planning and
Development or designee[Building Commissioner] and/or his or her deputies and
assistants. The Director of Planning and Development or designee[Building
Commissioner] may call upon the City Prosecutor or other legal assistance where
necessary to enjoin or prosecute violations of this chapter. No building permit or
certificate of occupancy shall be issued by the Director of Planning and Development
or designee[Building Commissioner] except where all provisions of this chapter shall
have been met and complied with or under specific written order of the Board of
Appeals.
B. Any person ordered to comply with the provisions of this chapter, ordered to cease
and desist any use prohibited by this chapter or who is otherwise in disagreement with
the judgment of the Director of Planning and Development and/or designee
[Building Commissioner and/or his or her deputies and assistants] with respect to the
administration or enforcement of this chapter may appeal to the Board of Zoning
Appeals, provided that a written statement setting forth the reasons for such appeal be
filed with the Secretary of the Board. Such appeal shall be commenced pursuant to the
provisions set forth in § 325-40 relating to procedures before the Board. In the case of
an order to comply or to cease and desist, the Director of Planning and Development
and/or designee[Building Commissioner and/or his or her deputies and assistants]
shall notify such person of this right to appeal and of the time limitations for
commencing an appeal.
C. Approvals. It shall be the duty of the Director of Planning and Development or
designee[Building Commissioner] to review any zoning compliance approvals
requested for any property within the City by any property owner or his/her agent. When
the Director of Planning and Development or designee[Building Commissioner] has
determined that a zoning compliance approval can be issued for a property, a fee for
this approval shall be charged at a rate of $50 per hour involved in the issuance of the
approval, with a minimum fee of $25, except that the fee for any zoning compliance
approval for owner-occupied one- or two-family dwellings is $25. The zoning
June 5, 2013
52
compliance fee does not apply to the issuance of a certificate of compliance or a
certificate of occupancy where other fees are assessed by the Municipal Code.”
The text of Section 325-37(E) is hereby amended as follows:
“E. Appeal of bill. The exclusive administrative remedy for a property owner wishing to
appeal the amount of the bill which has been established pursuant to Subsection C is to
file a notice of appeal with the Department of Planning, Building and Economic
Development[Building Commissioner] within seven days of the mailing date to the
property owner of the bill for the service. When a notice of appeal is filed, the Director
of Planning and Development or designee[Building Commissioner], using the
regulations of the Board of Zoning Appeals, except that any of the public notice
requirements shall not apply, shall schedule the matter at the next possible regular
meeting of the Board of Zoning Appeals. The property owner then has the responsibility
to perfect the appeal to the Board of Zoning Appeals, by submitting six copies of the
appeal and detailing the reasons why the property owner believes the fee is not
justified. The property owner bears the burden of establishing that the accounting
submitted by the Director of Planning and Development or designee[Building
Commissioner] is inaccurate. The Board of Zoning Appeals shall have the authority to
approve or reject such appeal in whole or in part.”
§325-38. Building Permits.
The text of Section 325-38 is hereby amended as follows:
Ҥ325-38. Building Permits.
No building or structure shall be erected, added to or structurally altered until a building
permit therefor has been issued by the Director of Planning and
Development[Building Commissioner] or designee. All applications for such permits
shall be in accordance with the requirements of all applicable regulations. The Director
of Planning and Development or designee[Building Commissioner] shall not issue a
building permit hereunder until he/she has determined that all of the provisions of this
chapter and any other applicable laws or regulations have been complied with. (See
also Chapter 146, Building Construction.) No temporary, conditional or verbal building
permits shall be issued to allow grading, construction or other work requiring such a
permit. Fast-tracking will be permitted upon application to and approval of the
Department of Planning, Building and Economic Development[Building
Commissioner].”
§325-39. Certificates of occupancy.
The text of Section 325-39 is hereby amended as follows:
“A. Required. No land shall be occupied or used and no building hereafter erected,
altered or extended shall be used or changed in use until a certificate of occupancy
shall have been issued by the Director of Planning and Development or
designee[Building Commissioner] stating that the building or proposed use thereof
complies with the provisions of this and other applicable chapters of this Code
governing the use and occupancy of land and buildings.
B. Nonconforming uses. No nonconforming use shall be renewed, changed or extended
without a certificate of occupancy.
C. Issuance. All certificates of occupancy shall be applied for coincident with the
application for a building permit. Said certificate shall be issued only after the
completion of the building or the alteration thereto shall have been approved as
complying with the provisions of this and other applicable chapters of this Code.
D. Records. The Department of Planning, Building and Economic
Development[Building Commissioner] shall maintain a record of all certificates, and
copies shall be furnished upon request to any person having a proprietary or tenancy
interest in the building affected.
E. Temporary certificates. Upon request, the Director of Planning and Development
or designee [Building Commissioner]may issue a temporary certificate of occupancy for
June 5, 2013
53
a building or structure or part thereof before the entire work covered by the building
permit shall have been completed, provided that such portion or portions as have been
completed may be occupied safely without endangering life or the public welfare.”
§325-40. Board of Appeals; variances.
The text of Section 325-40(B)(2)(d)[4] is hereby amended as follows:
“[4] Appeals of [commissioner’s] interpretation of Director of Zoning Administration or
the Designee of the Director of Planning and Development: $150.”
Article VIII Courthouse Special Use Zone
§325-44. Review of construction , demolition and alteration.
The text of Section 325-44(B) is hereby amended as follows:
“B. Demolition, exterior alteration or enlargement of structures or parking areas or
construction of new buildings or parking areas in C-SU Zones shall be subject to design
review as provided in Chapter 160. In performing such review and recommending any
modifications to proposed exterior work, the Planning and Development Board shall pay
particular attention to the visual effect of such work on the character of the area and
adjacent residential zones. In no case shall the Planning and Development Board take
final action on a proposal for demolition within any part of the C-SU Zone which is not
within a locally designated landmark district before receiving the recommendation of the
Landmarks Preservation Commission on such proposal. Approval of proposed
demolitions, alterations or new construction within the C-SU Zone by the Planning and
Development Board or the Landmarks Preservation Commission, as applicable, shall be
a prerequisite of approval of such proposals by the Director of Planning and
Development or designee[Building Commissioner] and the Board of Zoning Appeals,
as appropriate.”
Article IX Amendments
§325-45. Amendment procedure outlined.
The text of Section 325-45(C)(3)(b)[2][b] is hereby amended as follows:
“[b] Concept memo. The Planning Committee directs the Planning and Development
staff to draft a memorandum explaining the concept of the proposed zoning change.
The memorandum is referred to the Planning and Development Board, the
Conservation Advisory Council, the City Attorney, [the Building Commissioner,]the City
Engineer, the Director of Planning and Development, and other relevant boards,
commissions, or City departments, for review and comment.”
The text of Section 325-45(C)(3)(b)[2][d] is hereby amended as follows:
“[d] Amendment first draft. The Planning Committee directs the Planning and
Development staff in conjunction with the City Attorney to draft the proposed change.
Environmental review is initiated. If possible, the Planning Committee Chairperson
reviews the draft. The draft, edited by the Chairperson, is circulated to the Attorney, the
Department of Planning, Building and Economic Development[Building
Commissioner], the Engineering Department, the Conservation Advisory Council, the
Planning and Development Board and other relevant boards, commissions or City
departments.”
Article X Penalties
§325-47. Civil Proceedings
The text of Section 325-47 is hereby amended as follows:
Ҥ325-47. Civil Proceedings
In addition to other remedies, the Director of Planning and Development or
designee[Building Commissioner] may institute any appropriate action or proceedings
to prevent any unlawful erection, construction, reconstruction, alteration, conduct,
business or use prohibited by this chapter or to compel compliance with the provisions
of this chapter.”
June 5, 2013
54
Section 17. Severability. If any clause, sentence, paragraph, section, or part of this
Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair, or invalidate the remainder thereof but shall be
confined in its operation to the clause, sentence, paragraph, section, or part thereof
directly involved in the controversy in which such judgment shall have been rendered.
Section 18. Effective Date. This Ordinance shall take effect on January 1, 2014 in
accordance with law and upon publication of notice as provided in the Ithaca City
Charter, provided, however, that this Ordinance shall not take effect unless and until A
Local Law to Assign the Building Commissioner’s Powers and Duties to the Director of
Planning and Development, the Director of Zoning Administration, and the Director of
Code Enforcement has been approved at referendum in November 2013.
Ayes (7) Dotson, Murtagh, McCollister, Fleming, Smith, Mohlenhoff, Proulx
Nays (2) Brock, Clairborne
Abstentions (0)
Carried
GPA Committee Update:
Alderperson Mohlenhoff reported that the GPA Committee would not be meeting in
June; however, various work groups will continue work on their projects. She noted that
she and Alderperson Proulx would be working on a summary memo regarding the
analysis of city boards and committees and what a new committee structure could look
like.
CITY ADMINISTRATION COMMITTEE:
10.1 GIAC/HR - Amendment to the Greater Ithaca Activities Center Personnel
Roster - Resolution
By Alderperson Proulx: Seconded by Alderperson Clairborne
WHEREAS, the Ithaca Urban Renewal Agency (IURA) has recommended awarding a
grant for the Hospitality Employment Training Program (HETP) initiative, and
WHEREAS, Common Council will vote on the recommendation at its June 2013
meeting, and
WHEREAS, in anticipation of Common Council approval and the required time
necessary to implement the initiative, it is important to recruit and hire the Program
Coordinator as soon as possible, and
WHEREAS, to avoid delaying the process another month, the Director of the Greater
Ithaca Activities Center is requesting that Common Council approve the creation of the
HETP Program Coordinator upon approving the IURA grant award, now therefore be it
RESOLVED, That the Personnel Roster for the Greater Ithaca Activities Center is
amended as follows:
Add: One (1) Hospitality Employment Training Program (HETP) Program
Coordinator
Thirty-five (35) hours
and, be it further
RESOLVED, That the position HETP Program Coordinator shall be assigned to the
CSEA Administrative Unit at a salary grade 15, and be it further
RESOLVED, That for the sole purpose of determining days worked reportable to New
York State and Local Employees’ Retirement System, the standard workday for this
position shall be established at seven (7) hours per day, thirty-five (35) hours per week,
and be it further
RESOLVED, The salary and benefits for the HETP Program Coordinator will be
reimbursed to the City of Ithaca by the IURA.
Carried Unanimously (9-0)
June 5, 2013
55
10.2 DPW – Request to Establish Capital Project for Construction of Sanitary
Sewer Main on Seneca Way - Resolution
By Alderperson Proulx: Seconded by Alderperson Clairborne
WHEREAS, the Department of Public Works is not able to serve the new Seneca Way
Apartments project with a sanitary sewer connection to the East State/Martin Luther
King Jr. Street sanitary sewer main for reasons of an elevation conflict with the water
main on the near side, and
WHEREAS, moving this particular water main is not cost effective, nor feasible, since it
is the sole supply line for water to all of downtown Ithaca, and moving the line would
entail extended service interruption, and
WHEREAS, the City is obligated to serve the new Seneca Way Apartments with
sanitary sewer service, and
WHEREAS, there is no existing sanitary sewer main on Seneca Way, and
WHEREAS, a new sanitary sewer main on Seneca Way will serve several other
properties bounding Seneca Way, and
WHEREAS, City DPW Water & Sewer Division staff have completed engineering plans
and estimated the cost of the materials for replacement to be $56,000.00, and
WHEREAS, the developer of the Seneca Way Apartments has agreed to pay for a
sanitary sewer service connection in an amount not to exceed $12,000.00, and
WHEREAS, City DPW labor and equipment costs are already budgeted for in the 2013
operations budget, and
WHEREAS, a permit for the work from New York State Department of Transportation
has been obtained, and
WHEREAS, City DPW Water & Sewer Division staff estimates one augmented crew
could complete this work within four weeks or less, and
WHEREAS, it is necessary to start construction early in June of 2013 to fit with DPW’s
planned construction schedule, now therefore, be it
RESOLVED, That Common Council hereby establishes Capital Project #626 in the
amount of $45,500.00, including all necessary bonding costs, to facilitate the
construction of a new sanitary sewer main on Seneca Way, and be it further
RESOLVED, That funds necessary for said sanitary sewer main project shall be derived
from the issuance of serial bonds.
Carried Unanimously (9-0)
10.3 DPW - Reallocation of Watershed Coordinator - Resolution
By Alderperson Proulx: Seconded by Alderperson Brock
WHEREAS, Common Council authorized the creation of a Laboratory Technician
position at the Water Treatment Plant in July 2012, and
WHEREAS, when the Laboratory Technician position was filled in October 2012, the
Chief Water Treatment Plant Operator assigned supervisory responsibility for the
position to the Watershed Coordinator, and
WHEREAS, the Watershed Coordinator requested a re-evaluation of her position based
upon this new supervisory responsibility, and
WHEREAS, the Human Resources Department reviewed the point factor evaluation of
the Watershed Coordinator position and determined that the assignment of supervisory
responsibilities to the position would result in an increased point factor rating for
supervisory responsibilities, and
June 5, 2013
56
WHEREAS, this increased point factor rating for the Watershed Coordinator position
results in the reallocation of the position to a higher salary grade, and
WHEREAS, the total 2013 salary cost for said position reallocation will be $2,267; now,
therefore, be it
RESOLVED, That the position of Watershed Coordinator be reallocated from Grade 16
to Grade 17 of the CSEA Administrative Unit Compensation Plan, and be it further
RESOLVED, That funding in the amount of $2,267 to cover this annual salary increase
retroactive to January 14, 2013 shall be derived from Account F8330-5435 Water Plant
Contracts, and transferred to Account F8330-5110 Water Plant Staff Salaries.
Carried Unanimously (9-0)
10.4 DPW - Request to Establish Capital Project for Upper Cascadilla Creek
Walkway - Resolution
By Alderperson Proulx: Seconded by Alderperson Dotson
WHEREAS, the Board of Public Works (BPW) at its April 8, 2013, meeting reviewed the
staff recommendations contained in the memorandum on “Repair to Cascadilla Creek
Walkway – Four Scope Options” dated April 2, 2013, and discussed the matter with staff
in attendance, and
WHEREAS, the BPW stated its preference in pursuing “Option 2,” which essentially
includes acquiring a few extra feet of width for a reconstructed sidewalk, as well as
replacing the stairs and railing adjacent to the 504 Stewart Avenue, and
WHEREAS, the BPW at its May 16, 2013, meeting recommended that Common Council
establish a capital project in the amount of $70,000 to fund the design, right-of-way
acquisition, construction and inspection costs for the project, and
WHEREAS, the BPW also recommended that appropriate members of Common
Council and City Staff work with neighbors and other potential stakeholders to decide
whether to expand the scope of work (and therefore the budget) beyond the gorge rim
walkway adjacent to 504 Stewart Avenue, e.g., to do preliminary design for the length of
the walkway from Stewart Avenue to Linn Street; now, therefore be it
RESOLVED, That Common Council hereby establishes Capital Project #788 in an
amount not to exceed $70,000 for design, right-of-way acquisition, construction, and
inspection costs related to Upper Cascadilla Creek Walkway Implements Option #2, and
be it further
RESOLVED, That if funds remain after the repairs to the upper portion of the Cascadilla
Creek Walkway are complete, then those available funds can be used for inspection
and preliminary design costs for the remainder of the creek walkway, and
RESOLVED, That funds needed for said project shall be derived from the issuance of
serial bonds.
Discussion followed on the floor regarding the process this project followed and options
that the Board of Public Works considered. The question being asked of Council is how
much money should be spent on this project, and how can the needs of users of the
walkway be addressed. Different funding options were discussed such as paying for the
emergency repairs now and financing the remainder of the project through the Capital
Project process. Council members noted that the message that should be returned to
the Board of Public Works is: “the walkway needs to be repaired, the neighbors should
be involved in the discussion, and the project should be kept simple”.
Motion to Table:
By Alderperson Mohlenhoff: Seconded by Alderperson Dotson
RESOLVED, That further discussion and consideration of the Resolution be tabled until
additional information is obtained from the Board of Public Works.
Carried Unanimously
June 5, 2013
57
10.5 DPW - Request for Funds for Six Mile Creek Scour Remediation Project -
Resolution
By Alderperson Proulx: Seconded by Alderperson Clairborne
WHEREAS, the creek wall and ramp abutting Six Mile Creek in the vicinity of South
Titus Avenue and South Plain Street were damaged by storms in 2011, and
WHEREAS, the Department of Public Works applied for and received approval of
funding from the New York State Office of Emergency Management for repairs to the
creek wall and ramp, and
WHEREAS, plans and specifications for remediation of damage to the creek wall and
ramp have been prepared by the City Engineer’s Office, and
WHEREAS, a project for the Six Mile Creek Scour Remediation (FEMA Project No.
3807703) is eligible for funding under the New York State Office of Emergency
Management Public Assistance Program that calls for the apportionment of the costs of
such program to be borne at the ratio of 75% Federal share and 25% non-federal share,
and
WHEREAS, the City of Ithaca wishes to advance the project by making a commitment
of 100% of the total costs of the FEMA approved grant application, and
WHEREAS, the project has been determined to be a Type II action in accordance with
the City Environmental Quality Review Ordinance and the State Environmental Quality
Review Act, as per 6 NYCRR PART 617, Section 617.5(c) 1 and 2, and
WHEREAS, the Board of Public Works recommends that the Common Council
authorize a total capital project budget in the amount of $180,000, as 100% of the
federal and non-federal share of the cost of work for the Six Mile Creek Scour
Remediation Project, and
WHEREAS, the project be undertaken with the understanding that the final costs of the
project to the City of Ithaca will be no more than 25% of said portion, currently estimated
at $45,000 of the $180,000 authorized for this portion of the project, in monies and in-
kind services as managed by the Superintendent of Public Works and monitored by the
City Controller; now therefore, be it
RESOLVED, That Common Council hereby establishes capital project #787 Six Mile
Creek Scour Remediation Project in an amount not to exceed $180,000, as 100% of the
federal and non-federal share of the cost of work for the project, or portions thereof, and
be it further
RESOLVED, That the Superintendent of Public Works of the City of Ithaca be
authorized to execute all necessary agreements, certifications or reimbursement
requests for Federal Aid on behalf of the City of Ithaca with the New York State Office of
Emergency Management – Federal Emergency Management Agency in connection with
the advancement or approval of the project and providing for the administration of the
project and the municipality’s first instance funding of project costs and permanent
funding of the local share of federal aid and state aid eligible project costs and all
project costs within appropriations therefore that are not so eligible, and be it further
RESOLVED, That funding for said Six Mile Creek project shall be derived from the
issuance of serial bonds with a later partial reimbursement from federal and state funds.
Carried Unanimously (9-0)
10.6 Common Council - Request to Transfer Funds From Contingency for Hire
of Outside Noise Consultant - Resolution
By Alderperson Proulx: Seconded by Alderperson Murtagh
WHEREAS, the City of Ithaca has been experiencing an increasing number of noise
disputes, especially involving commercial noise and its impact to nearby residents, and
June 5, 2013
58
WHEREAS, the City of Ithaca’s noise ordinance could enjoy improved compliance and
ease of enforcement if amended to include more definite--and likely numerical--
standards for ascertaining “unreasonable noise”, especially as it applies to noise in
commercial zones, and
WHEREAS, increasing density in the core of the City of Ithaca is a central component of
the city’s economic development vision, and it is expected that the disputes over noise
will continue to be an issue in the future, and
WHEREAS, the approaches to noise enforcement that are most successful are those
that are “precise, not over-broad, are easily applied by the enforcement officer and are
easily understood by the judicial and regulated communities” (Regulation of Amplified
Sound Sources. Eric M. Zwerling. Noise-Con 2000, Newport Beach, California.), and
WHEREAS, it has been determined that there is not sufficient expertise in-house to
make revisions to the noise ordinance, making it necessary to hire a consultant, and
WHEREAS, Eric M. Zwerling, Director of the Rutgers University Noise Technical
Assistance Center and President of the Noise Consultancy, LLC, has been identified as
a professional expert with extensive experience working in New York State, including
writing or consulting in the amendment of codes for Ossining, Yonkers, New York City,
Long Beach, and Plattekill, and
WHEREAS, the cost of hiring Mr. Zwerling, Noise Consultancy, LLC to assist in drafting
a new noise ordinance is $8,000; now, therefore, be it
RESOLVED, That Common Council hereby approves the transfer of an amount not to
exceed $8,000 from account A1990 Unrestricted Contingency to account A1010-5435
Legislative Contracts for the purpose of hiring said consultant.
Discussion followed regarding the reasons to hire an outside consultant and what the
legislative process would be. A vote on the Resolution resulted as follows:
Carried Unanimously (9-0)
10.7 A Local Law to Update the Annual City Budget Process
By Alderperson Proulx: Seconded by Alderperson Smith
LOCAL LAW No. ____ of 2013
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. § 4-10 E. of the City of Ithaca Municipal Code is hereby amended as
follows:
§ 4-10. Budget legislation and message
…
E. Review by Common Council or designated committee.
(1) The Common Council, or a committee designated by it, shall review the proposed
City budget as submitted by the Mayor and shall, not later than the [26th day of
October], 31st day of October file with the City Controller its report, including any
recommendations proposed therein.
(2) Such report shall become a public record in the office of the City Controller.
(3) Copies of the same shall be made available by the City Controller for distribution at a
charge to be fixed by the Common Council.
Section 2. § 4-12 is hereby amended as follows:
§4-12 Adoption of Budget
A. Common Council action after hearing.
June 5, 2013
59
(1) After the conclusion of the public hearing and no later than November 15th, the
Common Council, at a regular or special meeting, may strike items of appropriation or
anticipated revenues from the proposed City budget or reduce items therein, excepting
appropriations required by law or for debt service. The Council may add items to or
increase items in such budget, provided that such additions or increases are stated
separately and distinctly.
(2) After the Council has made alterations, if any, to the proposed budget, the Council
shall vote upon the question of whether to pass the proposed budget, as amended.
(3) If the Common Council fails to pass any budget on or before the 16th day of
November, the proposed budget shall be deemed adopted as the City budget for the
ensuring fiscal year.
(4) "Alteration," as used in §4-12, means any addition, increase, decrease or deletion.
"Deletion," includes striking an item.
(5) A "business day," as used in §4-12, begins at 8:30 a.m. and ends at 4:00 p.m. and
includes any day on which City Hall is open to the public for business and does not
include holidays recognized by the city, Saturdays or Sundays.
B. Return to Mayor.
(1) If the budget as passed by the Common Council contains any such alterations, the
same shall be presented by the City Clerk to the Mayor not later than two business days
after its passage for his/her consideration of such alterations.
(2) If the Mayor approves all the alterations, he/she shall affix his/her signature to a
statement thereof and return the budget and such statement to the City Clerk not later
than three business days after presentation by the Clerk. The budget, including the
alterations as part thereof, shall then be deemed adopted.
C. Mayor's veto.
(1) The Mayor may object to any one or more of such alterations and, in such case,
shall append to the budget a statement of the alterations to which he/she objects, with
the reasons for his/her objection, and shall return the budget with his/her objections to
the City Clerk not later than three business days after presentation by the Clerk.
(2) The Clerk shall distribute the same to the Common Council no later than two
business days after receipt of the same from the Mayor.
(3) At a meeting to be held not later than the [20th ] 30th day of November, the
Common Council shall proceed to consider, discuss and vote upon the question of
whether to approve any or all of the alterations so objected to.
(4) If 2/3 of the members of the Common Council, exclusive of the Mayor, vote to
approve such alterations, or any of them, the budget with the alterations so approved,
together with any alterations not so objected to by the Mayor, shall be deemed adopted.
D. Mayor's failure to act. If a budget with alterations is not returned by the Mayor to the
City Clerk with his/her objections within three business days after its presentation to the
Mayor by the City Clerk pursuant to §4-12B(1) above, it shall be deemed adopted.
E. Common Council's failure to act. If a budget has not been adopted as herein
provided on or before the[ 20th] 30th day of November, the proposed executive budget
as submitted by the Mayor, plus all alterations to which he/she has failed to object, shall
be deemed adopted as the City budget for the ensuing fiscal year.
June 5, 2013
60
F. Certification of budget. Three copies of the City budget, as adopted, shall be certified
by the City Clerk. One such copy shall be filed in the office of the Mayor and one each
in the offices of the Controller and the City Clerk. The City budget, as so certified, shall
be printed or otherwise reproduced and copies shall be made available at a charge to
be fixed by the Common Council.
G. Budget Process Checklist. The following table is provided merely as a convenience
and if any conflict arises between this table and the text of the Code, the text shall be
considered definitive. The Controller shall copy this chart from the Code, indicate on
such copy the actual calendar date for each step in the current calendar year, and
provide a copy to each department head, the Mayor and each Alderperson on or before
the 31st day of March.
Editor's Note: The Budget Process Checklist is included at the end of this chapter.
Steps in the Budget Process Specified Due
Date (latest = no
later than)
Latest
Possible
Calendar Date
Due In Any
Year
Budget Checklist Distributed (§ 4-12) latest: March 31 March 31
Capital Projects (§ 4-6)
Department, etc. Proposals latest: April 15** April 15
Capital Program Committee
Recommendations to Capital Improvements
Review Committee (CIRC)
latest: May 15 May 15
CIRC Recommendations to the Common
Council Budget and Administration (B&A)
Committee
latest: July 1 July 1
[B&A] CA Recommendations and
Findings to the Council
First meeting of
Council in August
August 7
Common Council Guidelines to Mayor latest: September
15
September 15
Department, etc. Estimated Budgets (§ C-40) latest: August 1* August 1
Mayor's Executive Budget (Mayor to Controller)
(§ 4-10)
latest: October 1 October 1
Mayor's Executive Budget (Controller to
Council) (§ 4-10)
3 days after
receipt from Mayor
October 4
Council's Report (Council to Controller) (§ 4-10)latest: October 31 October 31
Notice of Public Hearing Before Council (§ 4-
11)
latest: November
11
November 11
Public Hearing Before Council (§ 4-11) Not less than 5
days after the
notice; regular
November meeting
November 16
Council's Revision and Adoption (Council to
Clerk) (§ 4-12)
hearing date November 16
Council's Revision and Adoption (Clerk to
Mayor) (§ 4-12)
2 business days
after passage by
Council
November 18
Mayor's Response (Mayor to Clerk) (§ 4-12) 3 business days
after receipt from
Clerk
November 21
Mayor's Response (Clerk to Council) (§ 4-12) 2 bus. days after
receipt from Mayor
November 23
Council's Response to Mayor's Response (§ 4-
12)
latest: November
30
November 30
June 5, 2013
61
Council Adopts tax levy (§ C-41) latest: first regular
meeting in Dec.
December 7
* Not earlier than the first day of July.
** The Mayor may set an earlier deadline.
Shaded items indicate the default adoption of a budget without action.
Section 3. Severability. If any section, sentence, clause or phrase of this law is held
invalid or unconstitutional by any court of competent jurisdiction, it shall in no way affect
the validity of any remaining portions of this law.
Section 4. Effective Date. This Local Law shall take effect 45 days after its adoption,
and after filing in the office of the Secretary of State. This Local Law is subject to
referendum on petition pursuant to Municipal Home Rule Law Section 24.
Carried Unanimously (9-0)
10.8 City Controller’s Report
City Controller Thayer reported to Common Council on the following items:
- The 2012 audit report is being completed
- The 2014 budget guidelines will be out in a couple of weeks; capital project
requests will be due in a few weeks.
- Living wage increases will go into effect on July 1st. The city budgeted for this
increase.
- NYS Minimum Wage increases will also go into effect as follows:
2013– $7.25
2014 – $8.00
2015 – $8.75
2016– $9.00
- The Health Consortium is still negotiating 3-tier prescription drug plan issues.
- 2012 activity accounts have been closed; there was a $216,000 deficit
- 2013 activity: sales tax collections have slowed only 1.3% ahead of last year
- Overtime spent to date is $372,000 of $960,000 budgeted
- Building permit fees – collected $247,000 to date of $819,000 budgeted
- Parking revenue – collected $771,000 to date of $2,059,000 budgeted.
Motion to Extend the Meeting:
By Alderperson Dotson: Seconded by Alderperson Mohlenhoff
RESOLVED, That Common Council extend the meeting by one hour in order for the
business on the agenda to be completed.
Carried Unanimously (9-0)
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
11.1 Downtown Zoning Changes - An Ordinance to Amend the City of Ithaca
Municipal Code, Chapter 325, Entitled “Zoning,” in order to establish the CBD-50
zoning district, to remove transition zoning regulations and off street loading
requirements in the CBD Districts, and to amend the district boundaries
A. Declaration of Lead Agency – Resolution
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law, and
WHEREAS, State Law specifies that, for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the proposed zoning amendment is a “Type I” Action pursuant to the City
Environmental Quality Review (CEQR) Ordinance, which requires environmental review
under CEQR; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the proposed amendments to the CBD
zoning districts, including, establishing the CBD-50 zoning district, removing the
June 5, 2013
62
transition zoning regulations and the off street loading requirements in the CBD
Districts, and amending the district boundaries.
Carried Unanimously (9-0)
B. Determination of Environmental Significance – Resolution
By Alderperson Murtagh: Seconded by Alderperson McCollister
WHEREAS, a subcommittee, consisting of City planning staff, Common Council members, a
Planning Board members, the Mayor, and the Executive Director of the Downtown Ithaca
Alliance, has evaluated the existing downtown zoning and walked the district, and has
determined that many areas of the Central Business District are not adequately zoned for the
desired development potential in the core areas of the city, and
WHEREAS, the current City code allows for properties that are located within two zoning
districts to carry the less restrictive regulations into the more restrictive district for up to 30 feet,
and
WHEREAS, the boundaries of the City’s zoning districts have been carefully planned to limit
impacts from large development areas on adjacent zones, and transitional areas have been
incorporated into the proposed boundary lines, and
WHEREAS, the current City code sets standard off street loading requirements for all business,
industrial, and multiple dwelling uses citywide, and
WHEREAS, the high cost of real estate in the central business district, the availability of on
street loading areas, and the scarcity of developable land, make the standard loading
requirements not desirable in the central business district, and
WHEREAS, the City of Ithaca is considering a proposal to remove transitional zoning language
and off-street loading requirements in the CBD districts, establishing a new CBD-50 zoning
district, and amending the boundaries to the CBD and B-2 zoning districts, and
WHEREAS, appropriate environmental review has been conducted, including the preparation of
a Full Environmental Assessment Form (FEAF), dated May 2, 2013, and
WHEREAS, the proposed action is a “TYPE I” Action under the City Environmental Quality
Review Ordinance, and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the
FEAF prepared by planning staff; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its
own the findings and conclusions more fully set forth on the Full Environmental Assessment
Form, dated May 2, 2013, and be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that
the proposed action at issue will not have a significant effect on the environment, and that
further environmental review is unnecessary, and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that the City
Clerk is hereby directed to file a copy of the same, together with any attachments, in the City
Clerk’s Office, and forward the same to any other parties as required by law.
Discussion followed on the floor regarding off-street loading zones and parking requirements.
Alderperson Clairborne clarified that the declaration tonight is for this decision/legislation. Each
proposed project will have a separate environmental review. A vote on the Resolution resulted
as follows:
Carried Unanimously (9-0)
C. Adoption of an Ordinance to Amend City of Ithaca Municipal Code Chapter
325, Entitled “Zoning,” to Establish the CBD-50 Zoning District
By Alderperson Murtagh: Seconded by Alderperson Dotson
WHEREAS, the Common Council is committed to dense urban development in the core
of downtown, as expressed in the Downtown Ithaca Alliance’s Downtown Ithaca 2020
Strategic Plan, which was endorsed by the Common Council, and
June 5, 2013
63
WHEREAS, the City of Ithaca is also committed to promoting development that
preserves an active pedestrian experience along the street frontage and that respects
structures that are historically significant, and
WHEREAS, the City of Ithaca recognizes the importance of maintaining a human scale
along the street, especially in transitional areas where commercial zones are located
near residential districts, and
WHEREAS, a subcommittee, consisting of City planning staff, Common Council
members, Planning Board members, the Mayor, and the Executive Director of the
Downtown Ithaca Alliance, has evaluated the existing downtown zoning and walked the
district, and has determined that many areas of the Central Business District are not
adequately zoned for the desired development potential in the core areas of the city,
therefore
ORDINANCE NO. 2013-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning” be amended as
follows:
Section 1. Chapter 325 (“Zoning”), Section 325-4 (“Establishment of Districts”) of the
Municipal Code of the City of Ithaca is hereby amended to establish and add the “CBD-
50” Central Business District thereto, and the District Regulations Chart, which is made
a part of Chapter 325 by Section 325-8, is hereby amended by adding the following:
Column 1: Use District – add “CBD-50.”
Column 2: Permitted Primary Uses (for CBD-50)–
1. Any primary use permitted in the B-2 District.
See §160, Design Review. See also 325-8D, Additional Restrictions in the CBD
districts.
Column 3: Permitted Accessory Uses (for CBD-50)–
1. Any accessory use permitted in the B-2 District.
See §160, Design Review.
Column 4: Off-Street Parking Requirements (for CBD-50) – None.
Column 5: Off-Street Loading Requirements (for CBD-50) –
NONE.
Column 6: Minimum Lot Size (for CBD-50) – No Minimum Lot Size.
Column 7: Minimum Lot Size, Width in Feet at Street Line
(for CBD-50) – 10.
Column 8: Maximum Building Height, Number of Stories (CBD-50) - None.
Column 9: Maximum Height of Building, Height in Feet (for CBD-50) – 50.
Column 10: Maximum Percent of Lot Coverage by Buildings (for CBD-50) – 100%
Except as required for rear yard.
Column 11: Yard Dimensions, Front, Required Minimum (for CBD-50) – None.
Column 12: Yard Dimensions, Side, One Side at Least (for CBD-50) – None.
Column 13: Yard Dimensions, Side, Other at Least (for CBD-50) –
None.
Columns 14/15: Yard Dimensions, Rear (for CBD-50) –
10 feet minimum.
June 5, 2013
64
Column 16: Minimum Height of Building, Height in Feet (CBD-50) –
Minimum height: 25 feet and a minimum of 2 stories, In addition, the first floor of
any new construction shall have a minimum of 12 feet floor to floor height and all
additional stories above the ground floor must be a minimum of 10’ floor to floor height.
Section 2. Chapter 325, Section 325-8 “District Regulations” is hereby amended to add
a subsection 325-8D, Additional Restrictions in the CBD Districts, to read as follows:
D. Additional Restrictions in the CBD Districts.
(1) The CBD-50 zone is located within the DeWitt Park Historic District.
New construction in any zone that is located within a designated
local historic district is subject to review and approval by the Ithaca
Landmarks Preservation Commission for compliance with Sections
228-5 (B) and (C) of the Municipal Code.
(2) Due its close proximity to historically significant structures and in order
to mitigate the impacts of taller buildings on these nearby
structures, for all new construction located in the portion of the
CBD-85 district directly fronting the 100 block of West Green Street,
the front façade of any newly-constructed structure must contain a
stepback of between [] 15-25’ after the first 2-4 stories, before the
structure can build up to the maximum allowable height of this
district.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Section 4. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Carried Unanimously (9-0)
D. Adoption of an Ordinance to Amend the City of Ithaca Municipal Code
Chapter 325-19, Entitled “Transition Regulations”
By Alderperson Murtagh: Seconded by Alderperson McCollister
WHEREAS, the current City code allows for properties that are located within two
zoning districts to carry the less restrictive regulations into the more restrictive district for
up to 30 feet, and
WHEREAS, the boundaries of the City’s zoning districts have been carefully planned to
limit impacts from large development areas on adjacent zones, and transitional areas
have been incorporated into the established boundary lines, and
WHEREAS, staff has found that the transitional zoning language does not comply with
the intent of the established zoning boundaries, therefore
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca
as follows:
ORDINANCE NO. 2013-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325, Zoning, be amended as follows:
Section 1. Chapter 325, Section 325-19 “Transition Regulations” is hereby amended to
read as follows:
A. Lots in two districts where neither zoning district is a CBD district. Where a
district boundary line divides a lot at the time such line is established, the
regulations for the less-restricted portion of such lot shall extend not more than
30 feet into the more-restricted portion, provided that the lot has frontage on a
street in the less-restricted district. This exception shall not apply to any
June 5, 2013
65
properties or portions of a property located within any CBD district (See
illustration below)
Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Section 3. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Carried Unanimously (9-0)
E. Adoption of an Ordinance to Amend the City of Ithaca Municipal Code
Chapter 325-21, Entitled “Off-Street Loading”
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, the current City code sets standard off street loading requirements for all business,
industrial, and multiple dwelling uses citywide, and
WHEREAS, the high cost of real estate in the central business district, the availability of on
street loading areas, and the scarcity of developable land, make the standard loading
requirements not desirable in the central business district, therefore
ORDINANCE NO. 2013-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter
325 of the City of Ithaca Municipal Code entitled “Zoning” be amended to read as follows:
Section 1. Chapter 325, Section 325-21B “Off-Street Loading-Space Requirements” is hereby
amended to read as follows:
B. Space requirements . The following off-street loading space requirements
shall apply to all business and industrial land uses and multiple dwelling
structures having more than 25 units, except for properties located in
any CBD district:
Section 2. Section 325-21 is further amended add a new subsection 325-21(C) to read as
follows:
C. There shall be no off street loading requirement for any properties
located in any CBD zoning district.
Section 3. Chapter 325(8)(5), “Zoning Map District Regulations”, is hereby amended to read as
follows:
Column 5: Off-Street Loading Requirement. The off-street loading spaces listed in this column
shall be provided for each building hereafter erected or altered, except for properties located
in any CBD district. In addition, see Article IV and § 325-21. update the district regulations
zoning chart to remove the off street loading requirement for all CBD zoning districts.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that
decision shall not affect the validity of the remaining portions of this ordinance.
June 5, 2013
66
Section 5. Effective date. This ordinance shall take effect immediately and in accordance with
law upon publication of notices as provided in the Ithaca City Charter.
Carried Unanimously (9-0)
F. Adoption of an Ordinance to Amend the City of Ithaca Municipal Code
Chapter 325 Entitled “Zoning” regarding - “Proposed Downtown Rezoning”
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, the Common Council is committed to dense urban development in the core
of downtown, as expressed in the Downtown Ithaca Alliance’s Downtown Ithaca 2020
Strategic Plan, which was endorsed by the Common Council, and
WHEREAS, the City of Ithaca is also committed to promoting development that
preserves an active pedestrian experience along the street frontage and that respects
structures that are historically significant, and
WHEREAS, the City of Ithaca recognizes the importance of maintaining a human scale
along the street, especially in transitional areas where commercial zones are located
near residential districts, and
WHEREAS, a subcommittee, consisting of City planning staff, Common Council
members, Planning Board members, the Mayor, and the Executive Director of the
Downtown Ithaca Alliance, has evaluated the existing downtown zoning and walked the
district, and has determined that many areas of the Central Business District are not
adequately zoned for the desired development potential in the core areas of the city,
and
WHEREAS, the city historian has conducted a windshield survey of properties of
historic interest in the West State Street/West MLK corridor, and it is widely recognized
that preserving historic structures contributes to the economic vitality, livability, and
sense of place of an area, and
WHEREAS, it is the City’s intent to create design guidelines for downtown Ithaca and
the expectation is that these design guidelines will provide a strategy for protecting
structures of historic interest throughout downtown Ithaca, and
WHEREAS, these zoning changes have been reviewed by the Tompkins County
Planning Department pursuant to §239-l–m of the New York State General Municipal
Law, and one of the recommendations from the county was that the city develop a
mitigation strategy to address situations in which solar access is impacted by the height
of buildings, and
WHEREAS, the City of Ithaca is committed to exploring a renewable energy plan that
includes the issue of solar rights throughout the city and will consider incorporating
language to this effect within its Comprehensive Plan and to include it in other policies
and initiatives, therefore
ORDINANCE NO. 2013-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, be amended as
follows:
Section 1. The City of Ithaca “Zoning Map” is hereby amended to change the zoning
designation of the following parcels, or some portion of these parcels, as shown on the
map entitled “Proposed Downtown Rezoning - May 2013”, from B-2c to CBD-60:
71.-1-11, 71.-1-12, 71.-1-13, 71.-1-14, 71.-1-15, 71.-1-16, 71.-1-17, 71.-1-18, 71.-1-
19.1, 71.-1-19.2, 71.-1-19.2, 71.-1-22, 71.-1-3, 71.-1-4, 71.-1-5, 71.-1-7, 71.-1-8, 71.-1-
9, 71.-2-12, 71.-2-14, 71.-2-15, 71.-2-18, 71.-2-19, 71.-2-2.1, 71.-2-20, 71.-2-3, 71.-2-4,
71.-2-5, 71.-3-3, 71.-3-4, 71.-3-5, 71.-3-6, 71.-3-7, 71.-4-1.1, 71.-4-1.2, 71.-4-10, 71.-4-
11, 71.-4-6, 71.-5-1, 71.-5-10, 71.-5-11, 71.-5-12, 71.-5-13, 71.-5-17.2, 71.-5-18, 71.-5-
19, 71.-5-2, 71.-5-20, [, ]71.-5-4, 71.-5-5, 71.-5-7, 71.-5-8, 71.-5-9, 71.-6-1, 71.-6-10,
71.-6-11, 71.-6-12, [, ]71.-6-17, 71.-6-18, 71.-6-19, 71.-6-20, 71.-6-21, 71.-6-22, 71.-6-
June 5, 2013
67
23, 71.-6-24, 71.-6-26, 71.-6-5, 71.-6-6, 71.-6-7, 71.-6-8, 71.-6-9, 71.-6-9, 72.-3-10, 72.-
3-12, 72.-3-14, 72.-3-15, 72.-3-16, 72.-3-17, 72.-3-18.1, 72.-3-18.2, 72.-3-19, 72.-3-2,
72.-3-20, 72.-3-23.2, 72.-3-24, 72.-3-26, 72.-3-3, 72.-3-6, 72.-3-7, 72.-3-8, 72.-4-10, 72.-
4-13, 72.-4-14, 72.-4-3, 72.-4-4, 72.-4-5, and 72.-4-9.
Note: Tax parcels 71.-5-23, 71.-5-24, 71.-6-13, 71.-6-14 will remain in the B-2C zone.
Section 2. The City of Ithaca “Zoning Map” is hereby amended to change the zoning
designation of the following parcels, or some portion of these parcels, as shown on the
map entitled “Proposed Downtown Rezoning – May 2013”, from CBD-60 to CBD-85:
70.-6-1.1, 70.-6-14, 70.-6-15, 70.-6-17, 70.-6-18, 70.-6-19, and 70.-6-20, 70.-6-21.
Section 3. The City of Ithaca “Zoning Map” is hereby amended to change the zoning
designation of the following parcels, or some portion of these parcels, as shown on the
map entitled “Proposed Downtown Rezoning - May 2013”, from CBD-60 to CBD-140:
[,] 70.-5-3, 70.-5-4, 70.-5-5, 70.-5-7, 70.-5-8, 70.-5-9, 70.-4-4.1, 70.-4-4.2, 70.-4-4.3, 70.-
4-4.4, 70.-4-5.1, 70.-4-5.2, and 70.-5-10.
*Note: Tax parcel 69.-4-1 will remain in the CBD-60 zone
Section 4. The City of Ithaca “Zoning Map” is hereby amended to change the zoning
designation of the following parcels, or some portion of these parcels, as shown on the
map entitled “Proposed Downtown Rezoning - May 2013”, from CBD-60 to CBD-100:
69.-1-1, 69.-1-11, 69.-1-14, 69.-1-3, 69.-1-4, 69.-1-6.2, 69.-1-7, and 69.-1-8.
Section 5. The City of Ithaca “Zoning Map” is hereby amended to change the zoning
designation of the following parcels, or some portion of these parcels, as shown on the
attached map entitled “Proposed Downtown Rezoning - May 2013”, from CBD-85 to
CBD-60:
70.-3-15.
Section 6. The City of Ithaca “Zoning Map” is hereby amended to change the zoning
designation of the following parcels, or some portion of these parcels, as shown on the
map entitled “Proposed Downtown Rezoning - May 2013”, from B-1b, B-1a, and P-1 to
CBD-50:
61.-2-10.2, 61.-2-6, 61.-2-8, 61.-1-16, 61.-1-3, and 61.-1-4.
Section 7. The City of Ithaca “Zoning Map” is hereby amended to change the zoning
designation of the following parcels, or some portion of these parcels, as shown on the
map entitled “Proposed Downtown Rezoning - May 2013”, from B-2c to B-2d:
71.-5-23, 71.-5-24, 71.-6-13, and 71.-6-14, and a portion of 71.-6-15 and a portion of 71.-5-
22.
June 5, 2013
68
Section 8. The City of Ithaca “Zoning Map” is hereby amended to change the zoning
designation of the following parcels, or some portion of these parcels, as shown on the
map entitled “Proposed Downtown Rezoning - May 2013”, from CBD-60 to CBD-120:
69.-4-1.
Section 9. The City Planning and Development Board, the City Clerk and the Planning
Department shall amend the zoning map and the district regulations chart in accordance
with the amendments made herewith.
Section 10. Severability. Severability is intended throughout and within the provisions
of this local law. If any section, subsection, sentence, clause, phrase or portion of this
local law is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portion.
Section 11. Effective date. This ordinance shall take affect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Discussion followed on the floor regarding the proposed amendments, the West State
Street/Martin Luther King, Jr. Blvd corridor, and historic property concerns. There was
an interest expressed in the development of design guidelines for that corridor and other
areas in the City. The goal is to develop city-wide design guidelines.
Alderperson Dotson acknowledged the letter received by the Tompkins County
Department of Planning noting that it is too late to incorporate the recommended
changes now but the intent of the City to incorporate them in future actions.
A vote on the Ordinance resulted as follows:
Carried Unanimously (9-0)
11.2 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325,
Entitled “Zoning” to Amend the Definitions and Word Usage to Add a Definition of
“Green Space”
A. Declaration of Lead Agency for Environmental Review – Resolution
By Alderperson Murtagh: Seconded by Alderperson Dotson
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law, and
June 5, 2013
69
WHEREAS, State Law specifies that, for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the
City Environmental Quality Review (CEQR) Ordinance, which requires environmental
review under CEQR; now, therefore, be it
RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the adoption of an ordinance to amend the
Municipal Zoning Code to add a definition of “green space.”
Carried Unanimously (9-0)
B. Determination of Environmental Significance – Resolution
By Alderperson Murtagh: Seconded by Alderperson Dotson
WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the
Municipal Code to add a definition of “Green Space, “and
WHEREAS, appropriate environmental review has been conducted, including the
preparation of a Short Environmental Assessment Form (SEAF), dated April 3, 2013, and
WHEREAS, these zoning amendment has been reviewed by the Tompkins County
Planning Department pursuant to §239-l–m of the New York State General Municipal
Law, which requires that all actions within 500 feet of a county or state facility, including
county and state highways, be reviewed by the County Planning Department, and has
also been reviewed by the City of Ithaca Conservation Advisory Council and the City of
Ithaca Planning and Development Board, and
WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental
Quality Review Ordinance, and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the SEAF prepared by planning staff; now, therefore, be it
RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as
its own the findings and conclusions more fully set forth on the Short Environmental
Assessment Form, dated April 3, 2013, and be it further
RESOLVED, that this Common Council, as lead agency in this matter, hereby determines
that the proposed action at issue will not have a significant effect on the environment, and
that further environmental review is unnecessary, and be it further
RESOLVED, that this resolution constitutes notice of this negative declaration and that the
City Clerk is hereby directed to file a copy of the same, together with any attachments, in
the City Clerk’s Office, and forward the same to any other parties as required by law.
Carried Unanimously (9-0)
C. Adoption of an Ordinance to Amend the City of Ithaca Municipal Code
Chapter 325, Entitled “Zoning” to Amend the Definitions and Word Usage to Add
a Definition of “Green Space”
By Alderperson Murtagh: Seconded by Alderperson Dotson
WHEREAS, green space is a vital ecological, recreational, and aesthetic component of
the urban environment, and
WHEREAS, as the city continues to densify, it is essential to maintain adequate green
space to ensure the health, wellness, and quality of life of the city’s residents, and
WHEREAS, the loss of green space has had a negative cumulative impact on the city’s
neighborhoods over time, and the City currently does not have any requirements to
provide green space, and
WHEREAS, the proposed Collegetown Area Form Districts include requirements for a
minimum percentage of green space to be provided on each property, and this
June 5, 2013
70
minimum green space requirement may be considered in other zoning districts within
the city in the future; now, therefore,
ORDINANCE NO. 2013-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning” be amended as
follows:
Section 1. Chapter 325, Section 325-3B of the Municipal Code of the City of Ithaca is
hereby amended to add the definition of Green Space to read as follows:
GREEN SPACE – A portion of a lot that is set aside for public or
private use without any construction or parking areas. The space
may be used for passive or active recreation, may be reserved to
protect natural areas, or may serve as a buffer between adjacent lots
or uses. The area may be naturally occurring or landscaped. Where
a minimum green space requirement applies, at least 75% of the
required area shall be softscape including trees, shrubs, natural
plantings, garden areas, lawns, and other live vegetative coverings.
The remaining area may include pedestrian amenities such as
sidewalks or patios. Required green space must be permanently
maintained in a healthy growing condition at all times.
Section 2. Severability. Severability is intended throughout and within the provisions of
this local law. If any section, subsection, sentence, clause, phrase or portion of this
local law is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portion.
Section 3. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Carried Unanimously (9-0)
11.3 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325,
Entitled “Zoning” to Amend the Definition and Word Usage to Modify the
Definition and Word Usage to Modify the Definition of “Height of Building” and
Add a Definition of “Grade Plane”
A. Declaration of Lead Agency - Resolution
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law, and
WHEREAS, State Law specifies that, for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the
City Environmental Quality Review (CEQR) Ordinance, which requires environmental
review under CEQR; now, therefore, be it
RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the adoption of an ordinance to amend the
Municipal Zoning Code to amend the definition of “height of building” and add a
definition of “grade plane.”
Carried Unanimously (9-0)
B. Determination of Environmental Significance - Resolution
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the
Municipal Code to amend the existing definition of “height of building” and add a new
definition of “grade plane,” and
June 5, 2013
71
WHEREAS, appropriate environmental review has been conducted, including the
preparation of a Short Environmental Assessment Form (SEAF), dated April 1, 2013, and
WHEREAS, these zoning amendments have been reviewed by the Tompkins County
Planning Department pursuant to §239-l–m of the New York State General Municipal
Law, which requires that all actions within 500 feet of a county or state facility, including
county and state highways, be reviewed by the County Planning Department, and have
also been reviewed by the City of Ithaca Conservation Advisory Council and the City of
Ithaca Planning and Development Board, and
WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental
Quality Review Ordinance, and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the SEAF prepared by planning staff; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as
its own the findings and conclusions more fully set forth on the Short Environmental
Assessment Form, dated April 1, 2013, and be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby determines
that the proposed action at issue will not have a significant effect on the environment, and
that further environmental review is unnecessary, and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any attachments,
in the City Clerk’s Office, and forward the same to any other parties as required by law.
Carried Unanimously (9-0)
C. Adoption of an Ordinance to Amend the City of Ithaca Municipal Code
Chapter 325, Entitled “Zoning” to Amend the Definitions and Word Usage
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, the City’s current definition of “height of building” is inconsistent with New
York State Building Code, and
WHEREAS, the current definition does not adequately address building height on
sloping sites or the mounding of soil adjacent to the structure and can allow one or more
facades of a building to be significantly taller than desired, and
WHEREAS, amending the City’s definition of “height of building” will provide
consistency with New York State Building Code while providing a more effective method
for measuring building height on all sites within the city; now, therefore,
ORDINANCE NO. 2013-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325 of the Municipal Code of the City of Ithaca be amended as follows:
Section 1. Chapter 325, Section 325-3B of the Municipal Code of the City of Ithaca is
hereby amended to add the definition of Grade Plane and amend the definition of
Height of Building to read as follows:
GRADE PLANE - A reference plane representing the average of
finished ground level on each side of the building at exterior walls.
On the sides of the building where grade is level, the measurement
will be taken at a point adjoining the building. Where the finished
ground level slopes away from the exterior walls, the measurement
shall be taken at the lowest point within the area between the
building and the lot line or, where the lot line is more than 10 feet
from the building, between the building and a point 10 feet from the
building.
June 5, 2013
72
HEIGHT OF BUILDING - The vertical distance measured from [the
average finished grade] grade plane to the highest level of a flat or
mansard roof or to the average height of a pitched, gabled, hip or gambrel
roof, excluding bulkheads, housing for mechanical equipment, towers and
similar constructions not intended for human occupancy or necessary
equipment carried above roof level. Where a building contains sections of
a roof of varying heights, the height of that building shall be measured
using that section of the roof that has the highest elevation from [the
average finished grade level] grade plane. See the definition for
determining grade plane. [The average finished grade level shall be
determined from data established by the average elevation of the finished
grade adjoining the exterior walls of the building.]
Section 2. Severability. Severability is intended throughout and within the provisions of
this local law. If any section, subsection, sentence, clause, phrase or portion of this
local law is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portion.
Section 3. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Carried Unanimously (9-0)
11.4 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 258,
Entitled, “Rental Housing” to Establish a Minimum Notification Period for Future
Lease Agreements
A. Declaration of Lead Agency for Environmental Review - Resolution
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law, and
WHEREAS, State Law specifies that, for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the proposed amendment is an “Unlisted” Action pursuant to the City
Environmental Quality Review (CEQR) Ordinance, which requires environmental review
under CEQR; now, therefore, be it
RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the adoption of an ordinance to amend the
Chapter 258, “Rental Housing,” of the Municipal Code to establish a minimum
notification period for future lease agreements.
Carried Unanimously (9-0)
B. Determination of Environmental Significance - Resolution
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, the City of Ithaca is considering an amendment to Chapter 258 of the Municipal
Code to establish a required minimum notification period for future lease agreements, and
WHEREAS, appropriate environmental review has been conducted, including the
preparation of a Short Environmental Assessment Form (SEAF), dated April 16, 2013, and
WHEREAS, the proposed amendment has been reviewed by the Tompkins County
Planning Department pursuant to §239-l–m of the New York State General Municipal
Law, which requires that all actions within 500 feet of a county or state facility, including
county and state highways, be reviewed by the County Planning Department, and has
also been reviewed by the City of Ithaca Conservation Advisory Council and the City of
Ithaca Planning and Development Board, and
WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental
Quality Review Ordinance, and
June 5, 2013
73
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed
the SEAF prepared by planning staff; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its
own the findings and conclusions more fully set forth on the Short Environmental
Assessment Form, dated April 16, 2013, and be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby determines
that the proposed action at issue will not have a significant effect on the environment, and
that further environmental review is unnecessary, and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
Carried Unanimously (9-0)
C. Adoption of an Ordinance to Amend the City of Ithaca Municipal Code
Chapter 258 Entitled “Rental Housing” to Establish a Minimum Notification Period
for Future Lease Agreements
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS the City Code of Ithaca (§ 258-1.B.) currently recognizes that “Equitable
landlord-tenant relations are a matter of public welfare”, and
WHEREAS there is increasing concern that conditions in the rental housing market are
placing unreasonable pressures on renters and landlords, and
WHEREAS the City recognizes that increased development of rental housing will
probably help reduce these pressures, and
WHEREAS the City does not seek to impose unnecessary constraints on the rental
housing market, but wishes landlords and tenants to have the opportunity to make well-
informed decisions about rental agreements; now, therefore,
ORDINANCE NO. 2013-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 258 of the City of Ithaca Municipal Code be amended as follows:
Section 1. Chapter 258 is hereby amended to add Article 1 entitled “Security Deposits”
in which the existing sections (258-1 through 258-9) would be included.
Section 2. Chapter 258 is further amended to add an Article 2 entitled “Rental
Agreements” and the following sections are hereby added beneath as follows:
§ 258-10. Renewal of rental agreements; notification to tenants.
Landlord shall provide a minimum of 60 days written notice to current tenants of
a residential unit before doing any of the following:
a) renewing the current rental agreement
b) showing the residential unit to prospective new tenants
c) entering into a rental agreement with new tenants
Such written notice may be provided at any time during the rental agreement
period, from the effective start date onwards. This provision of notice shall not
apply under any of the following conditions:
1. The current rental agreement period is less than nine months.
2. A summons and complaint to recover possession of the premises has been
filed and served on the current tenant in accordance with all applicable laws
and rules.
3. Landlord and tenant mutually agree, in writing, to waive the notice period.
June 5, 2013
74
§ 258-11. Penalties.
Any landlord or agent who violates any provision of §258-3 shall be liable for a
civil penalty of up to $500. Factors to be considered when assessing the fine
would include the number of tenants, number of units on the property etc.
Section 3. Severability. Severability is intended throughout and within the provisions of
this local law. If any section, subsection, sentence, clause, phrase or portion of this
local law is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portion.
Section 4. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Carried Unanimously (9-0)
11.5 IURA Action Plan – 2013 Action Plan – HUD Entitlement Program –
Resolution
By Alderperson Murtagh: Seconded by Alderperson Dotson
WHEREAS, the City of Ithaca is eligible to receive an annual formula allocation of funds
to meet community development needs through the HUD Entitlement program from the
Community Development Block Grant program (CDBG) and the Home Investment
Partnerships program (HOME) funding sources, and
WHEREAS, the City submits an Action Plan each year to HUD to access the
Entitlement Program funding allocated to the City, and
WHEREAS, the 2013 Action Plan identifies a specific list of budgeted community
development activities to be funded from the 2013 HUD Entitlement allocation, and
WHEREAS, the allocation level of the 2013 Entitlement Program is anticipated to be as
follows:
$644,062 CDBG
$446,009 HOME
$1,090,071 Total, and
WHEREAS, $142,000 in program income is projected to be received from loan
repayments in program year 2013, which funding is also allocated as part of the 2013
Action Plan, and
WHEREAS, additional funds of $165,514 remain from the 2012 HOME program and will
be allocated to eligible projects via this 2013 Action Plan, and
WHEREAS, additional CDBG funds are available and are being allocated via the 2013
Entitlement Grant as follows:
Recaptured funds from 2011 $ 10,000
Program Income from sale of $ 30,000
the Court St. Shelter (a 1984
CDBG project)
Reallocation of prior-year $100,000
Program Income
Total $140,000, and
WHEREAS, the IURA utilized an open and competitive project selection process for
development of the 2013 Action Plan in accordance with the Citizen Participation Plan,
and
WHEREAS, the IURA adopted a Proposed Action Plan at their March 29, 2013 meeting
by consensus and at their May 1, 2013 meeting by resolution, now, therefore be it
June 5, 2013
75
RESOLVED, That the Common Council hereby adopts the attached table titled the
‘IURA Proposed Action Plan’ – dated May 1, 2013 for allocating a projected 2013 HUD
Entitlement award along with the additional funds available, as listed above, and be it
further,
RESOLVED, That should the IURA determine that any of the proposed projects in the
Action Plan encounter feasibility issues that would hinder their timely completion or
adversely affect their eligibility prior to the HUD submission deadline, the Common Council
authorizes the IURA, upon approval by the Mayor and the Chair of the Planning &
Economic Development Committee, to make adjustments in the application to resolve
feasibility and eligibility concerns, and be it further
RESOLVED, That the Common Council for the City of Ithaca hereby renews its
designation of the Ithaca Urban Renewal Agency (IURA) as the lead agency to develop
and administer the HUD Entitlement program on behalf of the City of Ithaca, and be it
further
RESOLVED, That the Urban Renewal Plan shall be amended to include activities funded
in the adopted 2013 Action Plan.
Carried Unanimously (9-0)
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
14.1 Resolution in support of the Two-Row Wampum Renewal Campaign
By Alderperson Murtagh: Seconded by Alderperson Clairborne
WHEREAS the sovereign nations of the Haudenosaunee (Iroquois or “People of the
Long House”) lived sustainably in the region that now includes most of New York State
for many hundreds of years before the arrival of European colonists; and
WHEREAS in 2013 the Haudenosaunee, together with their non-Native allies, have
chosen to commemorate the 400th anniversary of the Two Row Wampum Treaty, the
first agreement between the Haudenosaunee Confederacy and European settlers;
and
WHEREAS as part of this commemoration the Haudenosaunee call on all New
Yorkers to act as good environmental stewards; and
WHEREAS the Haudenosaunee Confederacy’s constitution, known as the Great Law of
Peace, was first created on the shores of Onondaga Lake (in what is now Central New
York) and eventually became a model for the Confederation of Colonies and the U.S.
Constitution as recognized in the historical record and in Concurrent Congressional
Resolution S.76 of 1987; and
WHEREAS New Yorkers and others in the wider region greatly benefit from the many
contributions of the Haudenosaunee and other Native peoples in culture,
environmental understanding, political philosophy, and spiritual awareness; and
WHEREAS the Two Row Wampum Treaty began what was intended to be a Covenant
of Friendship, symbolized by a silver chain linking our peoples together through a series
of agreements with the Dutch, British, French, and the United States of America; and
WHEREAS the Haudenosaunee have consistently and repeatedly sought to uphold
the Two Row Wampum as the basis for relations among nations living in peace and
friendship; and
WHEREAS on September 13, 2006, the United Nations General Assembly adopted
the Declaration on the Rights of Indigenous Peoples, a resolution long-championed by
the Onondaga Nation that recognizes the “urgent need to respect and promote the
inherent rights of indigenous peoples which derive from their political, economic and
social structures and from their cultures, spiritual traditions, histories and philosophies,
especially their rights to their lands, territories and resources”; and
WHEREAS the Haudenosaunee and other native people have persistently maintained
their spiritual and cultural practices and, in some cases, their traditional governing
structure; and
June 5, 2013
76
WHEREAS the Haudenosaunee have consistently sought diplomatic means to resolve
problems with neighboring governments and people; and
WHEREAS the City of Ithaca and the Haudenosaunee can both benefit from a mutual
collaboration and friendship to protect the environment on which we all depend; and
WHEREAS the City of Ithaca and the Haudenosaunee can both benefit from a respect
for the culture, spirituality, and way of life of the Haudenosaunee and that of the City of
Ithaca while traveling on their own mutual paths through life;
NOW, THEREFORE BE IT RESOLVED, That the City of Ithaca:
1. Expresses support for the year-long Two Row Wampum Renewal Campaign to
Honor Native Treaties and Protect the Earth;
2. Joins the Two Row Campaign's call to keep hydrofracking out of New York State
and expand other practices and policies to protect the environment;
3. Calls on the citizens of the City of Ithaca to build positive and respectful relations
with their Native neighbors and with all Native Peoples;
4. Calls on the State of New York to build positive and respectful relations with
the Native Peoples within its borders and all Native Peoples; and
5. Calls on the United States government to fully implement the United Nations
Declaration on the Rights of Indigenous Peoples.
Carried Unanimously (9-0)
14.2 Alderperson Proulx - Council Budget Priorities--Resolution
By Alderperson Proulx: Seconded by Alderperson Brock
WHEREAS, The City is facing an estimated budget deficit of $1.9 million for 2014 in
light of pension and other non-negotiable costs which are increasing faster than City
revenues, and
WHEREAS, many members of Common Council, after the 2013 budget review and
adoption, expressed a desire to provide more input into the budget creation process for
2014, and
WHEREAS, Common Council adopted Strategic Themes at its March 2013 meeting
which are being used as a framework for the budget process for 2014, and
WHEREAS, the City Administration committee has held three monthly discussions
about the 2014 budget, reported on needs and concerns of various department heads,
and sought input from all Common Council members on budget priorities as they relate
to the Strategic Themes, now therefore be it
RESOLVED, That Common Council Endorses the “Report on Council Budget Funding
Priorities” from the City Administration Committee as representing a range of priorities
and suggestions for the 2014 budget; and be it further
RESOLVED, That the Mayor give the findings of the Report due consideration in
drafting the Executive Budget for 2014.
Carried Unanimously (9-0)
MAYOR’S APPOINTMENTS:
Appointments to Various Boards/Committees
15.1 Board of Public Works – Resolution
By Alderperson McCollister: Seconded by Alderperson Dotson
RESOLVED, That William Goldsmith be reappointed to the Board of Public Works to
replace Mitch Paine with a term to expire December 31, 2015, and be it further
June 5, 2013
77
15.3 Public Art Commission – Resolution
RESOLVED, That Jason Otero be reappointed to the Public Art Commission with a
term to expire June 30, 2016, and be it further
15.4 Tompkins County Youth Services Board – Appointment of City
Representative – Resolution
RESOLVED, That Lauren “Chibo” Shinagawa be appointed to the Tompkins County
Youth Services Board as the City of Ithaca representative with a term to expire
December 31, 2015.
Carried Unanimously (9-0)
REPORTS OF COMMON COUNCIL LIAISONS:
Paticipatory Budget Process
Alderperson Murtagh reported that he was contacted by an individual who facilitates a
participatory budget process project. This person would like to hold an educational-only
event in Ithaca where he would engage the public in budget related issues and
decisions. This event would not be part of the actual City budget process but it would
give Common Council members an insight as to public opinion on a number of different
topics.
Ithaca Falls Overlook Site
Alderperson Brock reported on a presentation that was made in May to the Community
Advisory Group on the Ithaca Falls Overlook site clean-up project. Testing has shown
that soil and groundwater contamination still exists on the site. A grant has been
received from the United States Environmental Protection Agency (EPA) that will allow
for additional clean-up of the site.
Alderperson Mohlenhoff stated that a community meeting would be scheduled in the
near future to discuss the results of this report so that community members have an
opportunity to ask questions and receive more in-depth information about the test
results and the proposed clean-up project.
REPORT OF CITY ATTORNEY:
City Attorney Lavine reported that the Sidewalk Task Force (a sub-committee of the
BPW) has made a great deal of progress and should be ready to provide a report to
Council within the next three weeks.
MINUTES FROM PREVIOUS MEETINGS:
19.1 Approval of the May 1, 2013 Common Council Meeting Minutes –
Resolution
By Alderperson McCollister: Seconded by Alderperson Mohlnehoff
RESOLVED, That the minutes of the May 1, 2013 Common Council Meeting be
approved as published.
Carried Unanimously (9-0)
ADJOURNMENT:
On a motion the meeting adjourned at 11:15 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor