HomeMy WebLinkAbout09-12-16 Board of Public Works Meeting AgendaBPW Meetin DATE: September 12, 2016
TIME: 4:45 pm
LOCATION: 31d Floor,
} Board of Public Works City Hall, Council Chambers
108 E. Green St., Ithaca
AGENDA
Time
Topic Voting? Presenter(s) Allowed
1. Call to Order/Agenda Review No Mayor Myrick 5 min.
2. Mayor's Communications No Mayor Myrick
3. Communications and Hearings from Persons No Public 5-15
Before the Board min.
4. Response to the Public No Commissioners
5. Administration & Communications
A. Approval of Meeting Minutes Yes Mayor Myrick 5 min.
1. August 22, 2016
6. New Project Presentation
7. Reports No Various 15 min.
A. Special Committees of the Board
B. Council Liaison
C. Board Liaisons
D. Superintendent and Staff
8. Buildings, Properties, Refuse & Transit
9. Highways, Streets & Sidewalks
10. Parking & Traffic
11. Creeks, Bridges & Parks
A. Approval of the Cayuga Waterfront Trail for the Yes Sr. Planner Wilson 5 min.
Public Art Commission's Mural and Street Art
Program — Resolution
Per the Board's discussion on August 22, 2096, the resolution is enclosed for consideration.
12. Water & Sewer
A. Appeal of Water Service Bill for 201 Clinton Street Yes Asst. Supt. Whitney 5 min.
— Resolution
A resolution will be provided at the meeting.
13. Discussion Items
A. Request from Ithaca Farmer's Market No Mayor Myrick 15 min.
Mr. Munzer may attend with additional information and further discussion.
B. Appeal of Water Service Bill for 510 Utica St. No Asst. Supt. Whitney 15 min.
The property owner is appealing the invoice she received for the repair to a water main outside
her residence.
C. Request to Widen a Driveway Apron at 308 No Dir. of Eng. Logue 10 min.
Pleasant Street
Property owners for 317 South Aurora Street are requesting permission to install an additional
12 foot curb cut between the houses on Pleasant Street to allow for more off-street parking.
Time
Topic Voting? Presenter(s) Allowed
D. Request to Rescind Property Maintenance Actions No Dir. of Code Enf. — 20 min.
by Department of Public Works at 940 East State Mike Niechwiadowicz
Street
This property has been in violation of property maintenance laws and the owner has received
multiple tickets from the Building Department, who has now requested that the Department of
Public Works complete the work to bring the property into compliance. The property owner is
requesting that this order be rescinded.
14. New Business No
15. Adjournment Yes
Page 2
11A. Approval of the Cayuga Waterfront Trail for the Public Art Commission's Mural
and Street Art Program — Resolution
WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among
other duties, review and advise Common Council on proposals for the exhibition and display of
public art in City spaces — buildings, facilities, and infrastructure — and to review development
proposals for decorative elements in the city's public spaces, and
WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls
within the city while providing local artists from all sections of the community an opportunity to
showcase their work, and
WHEREAS, the Board of Public Works approved the following City -owned sites for inclusion on
the list of potential sites in City of Ithaca Public Art Commission's Mural and Street Art Program
by resolution on May 19, 2010:
• Walls in the City Garages on Green St. and Seneca St.
• Retaining Wall along Ithaca Hotel Site (for temporary image)
• DPW facilities next to the Sciencenter and across the street from Sciencenter
• Municipal Electrical boxes throughout the City
• Retaining walls on West Spencer Street and downstream from the George Johnson
Bridge (Plain Street over Six Mile Creek)
WHEREAS, several more sites have been added to the above list by the Board, including, the
stairwell at the intersection of South Cayuga Street and West Spencer Street, buildings at Cass
Parts, the South Albany Street Bridge, and the Dryden Road Parking Garage, and
WHEREAS, as a result of these approvals, the PAC has worked with more than 50 artists to
install murals on City -owned property throughout the city, and the response to the new murals
has been overwhelmingly positive, and
WHEREAS, the Ithaca Festival has submitted a proposal for a glow -in -the -dark mural project,
titled "Art in Glow," as part of the PAC's Mural and Street Art Program to be installed on the
surface of a section of the Cayuga Waterfront Trail, and
WHEREAS, the Cayuga Waterfront Trail was not included among the sites pre -approved for
future murals by the Board of Public Works, and
WHEREAS, the PAC will be reviewing the design submitted by the Ithaca Festival at its August
24th meeting but recommended that the Board consider the Cayuga Waterfront Trail as a
potential location for this proposal and other mural projects earlier this spring; now, therefore, be
it
RESOLVED, That the Board of Public Works approves the Cayuga Waterfront Trail for inclusion
on the list of potential sites for the PAC's Mural and Street Art Program; and be it further
Page 3
RESOLVED, That the PAC will continue to work with Planning Department staff to conduct a
mutually acceptable public input procedure for engaging nearby businesses, residences, and/or
business and neighborhood associations for each specific project, and be it further
RESOLVED, That the PAC will work with the City Attorney to ensure that any mural, Request
for Proposals, or contract with a participating artist reflects and accommodates the needs and
constraints of the City.
Page 4
Betsy L. Doling
510 Utica Street
Ithaca, New York 14850
(607) 339-1010
bdoling@gmail.com
July 9, 2016
City of Ithaca
Chamberlain's Office
108 E. Green Street
Ithaca, NY 14850
RE: Water and Sewer Division Invoice; Ref STMT # 18785
To Whom It May Concern:
Enclosed please find bill/invoice # 00022450, dated July 1, 2016 for street and
water repair on Utica Street. I am returning this bill because it was sent in error.
The work that was performed was on the main water line and in the middle of the
500 block of Utica Street and not specific to my home.
Over the course of the past year, I and two other neighbors, made requests to
the City to have the street repaired --- there was an area seeping water for
months --- the area around the section in question would be dry and there would
be a pool of water in the middle of the street. During the winter months, the
water would freeze, making it dangerous to cross the street or get into our cars.
When the work crew arrived in the Spring, I spoke with the person doing the
evaluation who informed me that the problem was with the water line in the
middle of the street and did not have any connection with the lines to my home.
Please acknowledge receipt of this request for retraction noting that this bill was
sent in error and that payment is not my responsibility. Please feel free to call
me at the above number if you have any questions.
Thank you for your prompt attention to this matter.
Sincerely,
AAV_
Aesy L. Do ng
RECEIVED
Dept. of Public Works
JUL 15 2016
Office of the Superintendent
and Engineering Division
RESOLVED, T�-%roc�ure
ontinue to work with anning Department staff to conduct a
mutually acceptable public infor engaging nearby businesses, residences, and/or
business and neighborhood a so atci� ions For each specific project, and be it further
RESOLVED,.J:Mt he PAC will work with the City Attorney to sure that any mural, Request
for Proposals, or contract with a participating artist reflects and accom- todates the needs and
mints of the City.
Page 5
"'Cf:V OF ITHACA
108 E GREEN STREET
ITHACA NY 14850
Invoice Date: 07/01/2016
Invoice # : 00022450
Account # : 00007189
Due Date: 08/01/2016
Additional Description: REPLACE WATER SERVICE 4/20/16 - SEE ATTACHED STATEMENT FOR BREAKDOWN
OF CHARGES
BILLS NOT PAID WITHIN 30 DAYS ACCRUE A LATE PAYMENT PENALTY AT THE RATE OF TWELVE PERCENT PER ANNUM OR $3.00
PER MONTH. WHICHEVER IS GREATER, PURSUANT TO CITY CODE. BILLS REMAINING UNPAID ON NOVEMBER 1 ST ARE ADDED TO
THE FIRST INSTALLMENT OF THE NEXT CITY TAX BILLING, AND COLLECTED AS A PART THEREOr.
1
Make check payable to:
Water & Sewer Division
CITY OF ITHACA
Bill to
CHAMBERLAIN'S OFFICE
1.08 E GREEN STREET
General Billing Information
ITHACA NY 14850
�At1c
(607) 274-6580
BETSY L DOLING
BETSY L DOLING
Information specific to bill
ITHACA NY 14850
510 UTICA St
(607) 274-6596
ITHACA NY 14850
Property :
510 Utica St
rr do � r Froin: V%4tei & ;sewer "D -ision
invoice Kei: STMT# 18785
Entry Date
Item Category
Item Description Qty Price Total
04/20/2016
LABOR (WATER)
1.00 $777.11 $777.11
04/20/2016
EQUIPMENT(WATER)
1.00 $263.25 $263.25
04/20/2016
MATERIAL (WATER)
1.00 $201.79 $201.79
04/20/2016
OTHER (WATER)
1.00 $172.17 $172.17
04/20/2016
Street Patch
1.00 $960.00 .$960.00
Total: $2,374.32
Additional Description: REPLACE WATER SERVICE 4/20/16 - SEE ATTACHED STATEMENT FOR BREAKDOWN
OF CHARGES
BILLS NOT PAID WITHIN 30 DAYS ACCRUE A LATE PAYMENT PENALTY AT THE RATE OF TWELVE PERCENT PER ANNUM OR $3.00
PER MONTH. WHICHEVER IS GREATER, PURSUANT TO CITY CODE. BILLS REMAINING UNPAID ON NOVEMBER 1 ST ARE ADDED TO
THE FIRST INSTALLMENT OF THE NEXT CITY TAX BILLING, AND COLLECTED AS A PART THEREOr.
1
Make check payable to:
CITY OF ITHACA
,aINi
CHAMBERLAIN'S OFFICE
1.08 E GREEN STREET
ITHACA NY 14850
�At1c
BETSY L DOLING
510 UTICA St
ITHACA NY 14850
Return this portion with your payment
Invoice Date : 07/01/2016
Invoice # : 00022450
Please Pay on or before $2,374.32
08/01/2016
Amount Paid
1NV00022450
1111111111111 1111 E 1111111111111111111111111111111111111111111
00000000000000000224500000000000000400000001000000237432005
,._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._
STATEMENT
NO: 18785
Account: F8342
WATER AND SEWER DIVISION, DEPT. OF PUBLIC WORKS, ITHACA, N.Y
Make check payable to City of Ithaca, Water and Sewer Fund; payable at the City Chamberlain's Office, 108 E. Green St., Ithaca, N.Y.
This bill is payable within 30 days. Default of payment may cause service to be discontinued. Bills remaining unpaid constitute a
lien on the property served and will be collected in the tax levy for the next fiscal year in the same manner and subject to the same
penalties as other city taxes. '
BETSY DOLING REVISED:
510 UTICA STREET DATE:
ITHACA, NY 14850 W.O. NO.
LOCATED AT:
WORK DESCRIPTION:
Assistant Superintendent Department of Public Works, W / S
01 -Jul -16
A12442
510 UTICA
REPLACE WATER SERVICE 4/20/16
Amount Due: $2,374.32
uauauIII low opal au■mumu=uanauaual .nau■uanauanauanaua�uuana��auanana
STATEMENT DETAILS
Labor:
Hrs
Rate
Total
Hrs
Rate
Total
Reg
Reg ($)
Reg ($)
OT
OT ($)
OT ($)
4.00
27.9774
111.9096
0.00
41.9661
0.0000
4.00
22.6800
90.7200
0.00
34.0200
0.0000
4.00
39.3660
157.4640
0.00
59.0490
0.0000
4.00
37.4220
149.6880
0.00
56.1330
0.0000
4.00
27.9774
111.9096
0.00
41.9661
0.0000
$621.69 $0.00
Total: $621.69
+25% overhead: $155.42 Total Labor: $777.11
Equipment:
ID
Equipment
Rate ($)
Hrs
Total ($)
125
SERVICE TRUCK
20.25
3.00
60.7500
143
Dump 5 yd Truck
27.00
3.00
81.0000
792
Mini Excavator
40.50
3.00
121.5000
$263.25
Materials:
Description Qty Cost ($)
3/4" FORD Comp, 2-FB1000 1 39.2880
3/4" FORD Comp x Comp, 2-1344 1 79.5240
3/4" x 1/2" CP x I CP Fond C Adapters, 2- 1 9.4440
C45
3/4" 3-K1000 (60 & 100 it Rolls) 16 73.5360
$201.79
Total Equip.: $263.25
Total Materials: $201.79
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Warning:bills remaining unpaid after 30 days shall accrue a late penalty at the rate of twelve percent per annum from the date of the bill, or
$3.00 per month, whichever is greater, pursuant to board of public works regulations and common council resolution.
STATEMENT NO: 18786 Page 1 of 2
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Other:
Description
Area
Cost(lsgrft)
Total ($)
STONE
2
13.10
26.2000
CRUSHER RUN
5
17.50
87.5000
STREET PATCH 4X14
96
10.00
960.0000
STOCK IT
0.5
116.93
58.4650
$1,132.17
Total Other: $1,132.17
Total Statement No 18785: $2,374.32
slimming wn.u.u.0 WIN ■n.u.nMiami on.n.uou.u.n.n.n.n.n.n. "WIN .n.lIMiami . Isms amain IIrn.n.u.u.n.u.n.iuu.ur
Warning:bills remaining unpaid after 30 days shall accrue a late penalty at the rate of twelve percent per annum from the date of the bill, or
$3.00 per month, whichever is greater, pursuant to board of public works regulations and common council resolution.
STATEMENT NO: 18785 Page 2 of 2
RE: 510 Utica St. Water Repair Bill Appeal https://mail.cityofithaea.org/owa/KServoss@cityofithaca.org/?ae=I
RE: 510 Utica St. Water Repair Bill Appeal
Erik Whitney
Sent: Thursday, September 01, 2016 2:25 PM
To: Kathy Servoss
Cc: Camille Little; Donald Corwin; Michael Thorne
Categories:BPW
Hello Kathy,
I talked with George Seeley, Operations Supervisor, Don Corwin, Water Distribution Systems Supervisor, and
Nick Thomas, the Working Supervisor who's crew performed the work. Nick's Crew was dispatched for an
emergency water leak repair in the middle of the street. Upon excavation the leak was found not to be on the
watermain, but to be on the water service line for 510 Utica Street. The water service line was an old 1/2 -inch lead
service line. The lead water service line necessarily was replaced from the watermain in the street to the curb
valve at the property line.
Standard operational procedure is to replace or repair a leaking service within the road right of way immediately
before leak can undermine and cause damage to road, other buried utilities, or adjacent property. Also, with
respect to lead service lines we do not repair, the only option is replacement. Note: paragraph F from section
348-17 of City Code copied below.
Nick Thomas, Working Supervisor talked with the "lady/resident" about the fact that there would be a temporary
interruption in service as the line was replaced. No one talked with her at the time about payment for the work
being the homeowners responsibility.
The water service line replaced was a lead service. City Code Section 348-17 A states that replacement will be
done by City Water & Sewer Division at the expense of the owner. Note: paragraphs A&B from section 348-17 of
City Code copied below.
Sincerely,
Erik Whitney, PE
Assistant Superintendent
City of Ithaca DPW
Water & Sewer Division
510 First Street, Ithaca NY 14850
0:(607) 272-1717
C: (607) 280-1041
348-17 General installation and maintenance rules for service pipes
A.
The installation of all service pipes between the water main and the curb box shall be at the expense of the owner
of the premises served; except that, when a service pipe of Type K soft copper or other such material as may
hereafter be approved as permanent shall have been installed at the expense of the owner, such installation
between the main and the curb box shall be considered to be a part of the city water system and shall be so
maintained. In the event, however, that larger or different service is requested by the owner or required by reason
of the use of the property served, such larger or different service shall be installed at the expense of the owner.
IM
RE: 510 Utica St. Water Repair Bill Appeal https://mail.cityofithaca.org/owa/KServoss@cityofithaca.org/?ae=It..,
All installation of service pipes between the main and the curb box in the city shall be made only by the Water and
Sewer Division of the Department of Public Works.
F.
The Board reserves the right to repair any leaking service pipe without notice and to charge the expense thereof
against the owner of the premises, to be collected in the manner provided by the rules and regulations or the
provisions of the City Charter relating thereto.
From: Kathy Servoss
Sent: Monday, August 29, 2016 11:53 AM
To: Erik Whitney
Cc: Camille Little
Subject: 510 Utica St. Water Repair Bill Appeal
Please review the attached letter appealing the repair bill for 510 Utica St. I'd like to put this on
BPW's agenda for 9/12/16. Please send any backup documentation and recommendations prior to
9/7/16.
Thank you,
- Kathy Servoss
Executive Assistant
Supt. of Public Works, Engineering, & Parking
City of Ithaca
108 E. Green St.
Ithaca, IVY 14850
607-274-6527
0 IT" In, A ...,1711 PA 11
ftPROPERTY MANAGEMENT
BY
607-257-0383 DoN EDWARDS
To: Board of Public Works
& Kent Johnson --Engineering
r ■
A ts. for Rent
607-257-0383
This is a formal request to allow for a widened curb cut on
the property at 317 S. Aurora Street. in Ithaca.
The owner of 317 S Aurora, James Klafehn, and myself
Donald Edwards the owner of the adjoining property at 308
Pleasant Street have agreed to have the highlighted area in
the diagram deeded and designated -as a shared parking
area, to allow for additional off street parking.
We are requesting an additional 12 foot of curb cut to allow
for the additional off street parking which would be gained
in the currently un -useable area pictured in the photograph.
This request was reviewed with both the City Building
Department and the Engineering Department and is now
being presented to you for your consideration.
Mr. Klafehn and myself will be glad to attend one of the
Board of Public Works meetings to answer any questions
you may have concerning this request.
ectiuny,
onald Edwards
f�
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
OFFICE OF 'ITIE CITY ENGINEER
Telephone: 607/274-6530 Fax: 607/274.6587
TO: Board of Public Works
FROM: Kent Johnson, Junior Transportation Engineer
RE: Resident request to widen a driveway apron on Pleasant St.
DATE: August 25, 2016
The owner of 308 Pleasant St., Donald Edwards, is requesting permission to widen the existing
driveway apron on the abutting property (on the Pleasant St. side of the 317 S. Aurora St. comer
property) so that an additional off-street parking space could be created for the use of tenants of
the 308 Pleasant St. property. The parcel at 308 Pleasant St. has been developed in such a way
that almost the entire property is occupied by a building and insufficient space is available to
accommodate an off-street parking space; thus, Mr. Edwards' request for the creation of an off-
street parking space on the adjacent property. The owner of 317 S. Aurora St., James Klafehn, is
apparently amenable to this approach. The proposed change would involve widening the existing
driveway apron from about 14 feet wide to about 26 feet wide, and would involve widening the
driveway parking area to accommodate a third car (plus two in the garage). I presume these
parking area changes are allowable.
Widening the driveway by 12 feet would cause the removal of one on -street parking space that
currently exists near the property line. Though the removal of this parking space is not ideal, its
removal would be approved by staff if the 308 Pleasant St. parcel had sufficient space for its own
driveway.
Though not a rule, department policy has been that each parcel is typically entitled to one
driveway apron that is one lane wide (typically 9 to 14 feet wide). Periodically, property owners
request a two -lane -wide driveway apron, or request permission to install a secondary driveway
access point. Such requests are typically forwarded to the BPW for approval.
In the case at hand, the widening of the existing driveway apron at 317 S. Aurora St. would
create a three -lane -wide apron. Though not a great design, given the context of the situation I
feel that this `shared' driveway apron and parking approach would be acceptable in this case, and
it results in a more compact and efficient design than if two separated driveways and parking
areas were created. If feasible, I think a better approach would be to relocate the 14 foot wide
driveway apron to be centered on the widened parking area; some design work would be
necessary to determine if this approach is geometrically feasible.
Keyue Yuan
940 E State Street
Ithaca, New York 14850
August 28, 2016
Mike Niechwiadowicz
Director of Code Enforcement
Department of Planning, Building & Economical
City of Ithaca
108 E Green Street
Ithaca. NY
Dear Mr. Niechwiadowicz:
RECEIVED
Dept. of Public Works
AUG 3 0 2016
Office of the Superintendent
and 6glneering Division
I am writing this letter to you in response to your letter dated August 18, 2016.
In your letter, you make a statement: "Several tickets have been already issued for this
offence over the past few years. During that time, the city has given you many opportunities to
make your property compliant with City Code, however the violation remains." This statement is
not supported by the fact at all.
I bought and moved to my house located on 940 E State Street 19 years ago. And the
flowering vegetation along the State Street was soon established. For the first 15 years or so, no
body complained to me about the vegetation or anything else on my property, and no ticket was
ever issued for any code violations on my property. My family and I enjoyed the peace and quiet
of the neighborhood very much.
The situation changed dramatically soon after a new alderperson, Donna Fleming, was
elected to the City Common Council, who happens to be my neighbor across Valley Road. The
very first ticket I received alleged that I stored garbage in my backyard. The allegation was
completely wrong. I stored some recyclable clean plastic containers for gardening. I told Mr.
Sarakan, City Attorney, at the time, that I agreed to pay this one ticket to show my willingness to
work with the city. However, after the first ticket, dozens of tickets kept coming year after year.
Had I not contested all those tickets, I would have paid thousands of dollars. At the end, ALL
tickets were dismissed. During those years, I had several phone conversations with code
inspector, Mr. Love, and the information I obtained pointed all the tickets to one source: Donna
Fleming. Using her power as an alderperson, she repeatedly contacted code enforcement division
of the city and demanded that tickets be issued to my property. Over the years, I was ticked for
having stuff on my BACK parch, a unclose garage door, peony stems on the sidewalk, etc, and
etc.
I do have to point out that, before June, 2015, no tickets was ever issued for Code 178-
3(E) violation. Had there been any Code 178-3(E) violations on my property, either Donna
Fleming or the inspector would have noticed and tickets would be issued for the violation since
my property had been under the close watch of Donna Fleming and Mr. Love during the time.
In order to regain my peace and quiet, I built three new sections of fences so that Donna
Fleming was not able to peep into my backyard anymore. To my dismay, her attention
immediately turned to the vegetation in front of my house.
In June 2015, Donna Fleming sent an email to city code enforcement. She requested that
tickets should be issued to my property for Code 178-3(E) violations. I contested those tickets to
Ithaca City Court and the court set trail date. Before the trail, I took several pictures and showed
Mr. Sarachan that the vegetation on my property did not block the view of traffic at all. He then
dismissed all the tickets before the trail.
Soon after, I received more tickets for the same alleged "violation". I contacted Mr. Love,
and arranged meeting him on my property to resolve the issue. Mr. Love did come to my
property. He was accompanied by a senior code inspector, Mr. Epthimiatos. As I discussed with
Mr. Love that the vegetation on State Street did not block the view of the traffic, Mr. Epthimiatos
told both of us that the vegetation on the State Street side was not an issue at all. Instead, He
pointed at one lilac tree and one forsythia bush planted on the Valley Road side and request that
they should be removed. Although those two bushes were not cited in the tickets, I did agree to
remove them to satisfy their request. In return, all the tickets issued should be dismissed and no
further tickets would be issued for the same alleged violations. I removed the two bushes and the
tickets were all dismissed. Mr. Sarachan was fully aware of the agreement between me and the
city. And YOU, as the director of code enforcement and the supervisor of both Mr. Love and Mr.
Epthimiatos must also know the agreement and have approved it. You and Mr. Love were
expected to abide by the agreement also. I have abided by the agreement by digging out the two
bushes and regularly trimming the bushes (because I knew I was constantly watched by this all
powerful Donna Fleming). That should be the end of the whole issue.
To my great shock and disappointment, since June 2016, a new wave of tickets was sent
to my house for the same alleged violation of Code 178-3(E). So far, I have received 15 tickets.
I called Mr. Love again and asked for another meeting with him to discuss the reason
behind those new tickets. On the day of the meeting, you jointed in, and the meeting took place
in your office. The three of us examined the pictures Mr. Love took for those tickets. None of
them showed the view of traffic was blocked. Instead, we were able to see all kinds of vehicles in
the pictures clearly. You did state yourself that the vegetation did not seem to obstruct the view
of the intersection.
I reminded Mr. Love the agreement sealed in 2015. Mr. Love mentioned again that when
a city council member called, he felt he had to issue tickets. To solve this dilemma, you proposed
a "new" solution: all the vegetations along the State Street side should cut down below 10", so
that in the future, when Donna Fleming was going to call again, you would be able to tell her that
10" height rule had been satisfied. For two reasons, I did not agree to your new solution. First,
the city Code 178-3(E) explicitly states that the 10" rule does not apply to "tree bushes and other
vegetation planed, maintained or kept for some ornamental or other useful purpose". At street
intersections, the vegetation "shall be kept in such condition as to give a clear and unobstructed
view of the intersection". Since no one disputes the fact that the vegetation along State Street in
front of my house is "maintained and kept for some ornamental or other useful purpose", and I
had approved to Mr. Sarachan, Mr. Epthimiatos, Mr. Love, and you that the view of the
intersection was not obstructed, therefore, the 10" rule does not apply here. Second, even if the
10" rule were implemented, it still would not stop Donna Fleming and her kind from forcing
more tickets be issued. Mr. Love voiced similar concern. He even mentioned a term "tree lawn",
which means no vegetation other than lawn should be maintained along the street.
I also questioned you that if you would enforce the 10" rule throughout the city instead of
applying it only to my property. This simple question ignited an explosion: you stand up abruptly
from your chair and start shouting at me "You just don't want find a solution"; and threatened
me: "Mr. Sarachan may dismiss your tickets, I will continue issue them." Your behavior was
shockingly rude and improper. As a city resident and tax payer, I deserved a far better treatment
from you. You also set a very unfortunate example in front of a city employee under your
supervision. At that moment, it was painfully clear to me that you were not going to stand behind
the inspectors under your supervision; you were not going to honor the binding agreement sealed
between Mr. Love, Mr. Epthimiatos, and me; and you were not going to stand up to the pressure
from Donna Fleming.
A few days later I met City Mayor Myrick. I did NOT complain to him about your
improper behavior. My sole purpose of meeting Mr. Mayor was found a way to stop Donna
Fleming from making those calls to city code enforcement. Those calls have persisted for several
years, caused enormous emotional stress in my family, and wasted city employees' time and
energy. Mr. Mayor told me that he was going to talk with Mr. Love that he should not feel being
forced to issue tickets simply because a city council member called. Also Mr. Mayor promised to
arrange a face to face meeting between Donna Fleming and me to resolve the issue. The meeting
with Donna Fleming was not materialized. And more tickets kept coming.
While waiting in the corridor for the Mayor, I encountered Mr. Love. We greeted each
other. A few minutes later, he came back and handed me one page of city zoning code, and told
me that I have to satisfy the requirement of this Code 325-17(B): nothing should be higher than 2
feet within the 20 feet corner zone of a triangle. I was completely surprised by this and asked Mr.
Love: "do I have to demolish the retaining wall." He did not answer my question and did not
provide any detailed instruction. This was obviously a significant escalation of your "code
enforcement" efforts, which resulted from my requesting a meeting with the Mayor. An
intriguing fact was that this Code 325-17(B) was never mentioned in any of the tickets, was not
mentioned in the meeting in your office, and is not mentioned in the letter you sent me on
August 18, 2016.
About two weeks ago, out of desperation of facing a never ending stream of tickets, I
contacted Community Dispute Resolution Center (CDRC) located on the Ithaca Commons. I
explained my situation to the center and asked if there was anything the center could do to help
resolve the problem. The center agreed to contact Donna Fleming and told her that I felt strongly
being harassed by her persistent calls to city code enforcement. Donna Fleming refused to
participate in the process. Instead, she called city code enforcement and informed you and/or
your staff that I complained to CDRC and felt being harassed by her. She also called me back.
She admitted that it was indeed her who started the 20 or so tickets, back in June 2015, by
sending an email to city code enforcement. She claimed that she was very proud of "MY city
employees" for issuing those tickets. When I pleaded with her to stop making my family feel
being watched and harassed in our own house, she told me "MOVE" in a cold and stern voice. A
couple days later, you wrote this letter and escalated your "code enforcement" efforts up to a
new level. The "Donna Fleming" factor was obvious.
Upon receiving your letter, I called you to discuss a few technical questions I have with
the letter, such as how I should file a written request to have a hearing to contest the accusation
made in your letter. I also request that you should send me a copy of detailed instruction on what
I should do to make you satisfied. During the conversation, you exploded again for no apparent
reason. You shout out: "You know exactly what you should do." And the tickets "All came from
me, not from anyone else, and I will continue sending Mr. Love to your property to issue
tickets." Then you hung up. I was completely stunned by your burst of anger. Your rude
improper, unprofessional manner matched well with your unprecedented harsh measures, amid
the facts that ALL the tickets had being dismissed in the procedures of Ithaca City Court in 2015
and years earlier, and the mutually binding agreement was sealed between Mr. Epthimiatos, Mr.
Love and me in the Fall of 2015.
Based on the facts mentioned above, I hereby make the following requests to the City of
Ithaca and you:
1) Recognize the undisputed fact that ALL the tickets issued in 2015 under your
supervision have already been contested and dismissed in Ithaca City Court. As a
result, the findings in your letter has already been contested and dismissed in Ithaca
City Court. Your continuous instruction for Mr. Love to issue tickets repeatedly for
the same alleged "violation" violates the very code and law of the city you suppose to
enforce, and violated my rights as a resident and tax payer of the city protected by the
laws of the State of New York and the United States of America.
2) Abide by the agreement reached between Mr. Epathimiatos, Mr. Love and me in the
fall of 2015, and withdraw all the tickets issued this year.
3) Stop, without delay, the actions and procedures listed in your letter. The
unprecedented harsh punishment measures are solely based on the findings in your
letter which are completely wrong and already dismissed in the Ithaca City Court.
If you determine to push the actions and procedures forwards, this very letter should
serve as my written request for a hearing in front of the Board of the Public Work.
In the light of your unacceptable repeated bursts of anger in the interactions with me, I
believe strongly that you lack the ability to deal with this issue in a fair, just, and professional
manner. I hereby request that you should excuse yourself from any further involvement in the
case.
Sincerely Yours
Keyue Yuan
cc:
Svante L. Myrick
City Mayor
Joann Cornish
Director of Department of Planning, Building & Development
Robert A. Sarachan
Assistant City Attorney
Ray Benjamin
Assistant Superintendent of Public Work
Notes by Director of Code Enforcement Michael Niechwiadowicz
940 East State Street
Complaints and violations for overgrown shrubs started in July of 2010.
21 violations were issued from August 28, 2016 to present.
Mr. Yuan is in violation of Zoning Section 325-17B and Exterior Property Maintenance
Section 173-3F which references Section 173-3E (see attached copies).
Exterior Property Maintenance Code Enforcement Officer Tony Love, City Prosecutor
Robert Sarachan, Director of Code Enforcement Michael Niechwiadowicz and most
recently Director of Planning JoAnn Cornish have all met with Mr. Yuan to explain the
violations and provide copies of the ordinances. All of the above have gone to the
property to see the conditions and have agreed that it is in violation.
Working with City Prosecutor Robert Sarachan an offer was made to Mr.Yuan in August
that all violations would be dismissed if he brought the property into compliance in a
week. He was given two weeks and did not comply.
- Mr. Yuan refuses to comply.
Per Exterior Property Maintenance Section 178-7E the Director of Code Enforcement
Michael Niechwiadowicz has refer the matter to the Superintendent of Public Works for
correction and has notified Mr. Yuan of the intent to have the violation corrected as
required per Exterior Property Maintenance Section 178-7A.
- Per Exterior Property Maintenance Section 178-1 OB Mr. Yuan has the right to appeal
having the City correct the violations to the Board of Public Works. Please note the
appeal is only for having the City correct the violations, is not for relief of the tickets or
the violation. Per Exterior Property Maintenance Section 178-8 Mr. Yuan must apply to
the Board of Zoning Appeals for relief of the violation.
'ECEIVED
Dept; of Public Works
SEP 0 7 2016
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City of Ithaca, NY Exterior Property Maintenance: § 178-8 Board of Zoning Appeals exe... Pagel of 8
Chapter 178: Exterior Property Maintenance
[HIST RY: Adopted by the Common Council of the City of Ithaca 6-13-2001 by Ord. No. 2001-8. Amendments noted
where applicable.]
GENERAL REFERENCES
G4age and refuse — See Ch.196.
N&bering of houses — See Ch. 2o6.
L2 dmarks preservation - See Ch. 228.
R&al housing — See Ch. 258.
SrrRww, ice and other obstructions on sidewalks and ramps — See Ch. 285, Art. III.
Tres and shrubs — See Ch: 3o6.
Rd�noval of vehicles — See Ch. 317.
Ggtbage, trash and weeds — See Ch. 331•
§ 178-1 Declaration of purpose.
The purpose of this chapter is to provide a minimum standard for the maintenance of the exterior grounds and visible
facades of all properties within the City. This chapter"is intended to help provide stable and inviting neighborhoods and
business and commercial districts and to promote public health and safety by prohibiting certain deficiencies in exterior
property maintenance which create or contribute to unhealthy or hazardous conditions. This chapter is also intended to
ensure that property owners or their delegated agents perform such repair and maintenance of properties as will prevent
deficiencies that could become an attractive nuisance with regard to children, trespassers or household pets or that may
attract insect or animal pests. The adoption and enforcement of this chapter is intended to serve as a deterrence to
substandard exterior property maintenance and as a tool for protecting property investment, the tax base and the health,
safety and welfare of all City residents.
§ 178-2 Definitions,
For the purposes of this chapter, the following definitions shall apply:
BULK ITEMS
Large items and materials, including furniture (other than aluminum and plastic yard furniture), house furnishings
and large appliances, such as refrigerators, stoves, washing machines and clothes dryers.
COLLECTIBLE YARD WASTES
Grass, leaves, brush, and other plant wastes and soil materials from gardens, lawns and yards, prepared for collection
in conformance with City requirements.
COMPOSTING MATERIALS
Yard trimmings, vegetable wastes and other organic matter managed for the purpose of natural transformation into
compost and stored in a container or compact pile that contains no sewage, sludge or septage; contains no
inorganic materials, such as metal, plastic or glass; and is maintained in a manner to minimize odors and the
attraction of insect and animal pests.
DUMPSTER
A bulk storage container for garbage, recyclable materials and other solid waste that can be hauled directly to the
point of disposal or emptied into a compactor -type truck for disposal.
EXTERIOR STRUCTURES
Includes porch areas and the external walls of a building, as well as fences and retaining walls.
GARBAGE
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A. Discarded materials generated from the activities of a household, business, institution, or public or quasi -public
facility, consisting of:
(1) Food wastes, including but not limited to kitchen and table scraps, decaying or spoiled vegetable, fruit and
animal matter, and fallen fruit.
(2) Any other used or discarded waste materials such as paper, plastic, metal, rags, food wrappings and
containers, sweepings, rubber, leather, cloth, clothing, waste materials from normal maintenance and
repair activities, pasteboard, crockery, shells, dirt, ashes, wood, and glass.
B. "Garbage" does not include properly prepared and stored recyclable materials or collectible yard wastes,
properly stored and maintained composting materials, rubble, bulk items, industrial waste, hazardous materials,
automobile or other motor vehicle tires, or any other material that the City or private waste hauler has
specified will not be picked up,.curbside at a property as part of the regular collection.
GRAFFITI
Any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched,
sprayed, drawn, painted or engraved on or otherwise affixed to any surface of public or private property to the
extent that the graffiti was not authorized in advance by the owner or occupant of the property.
GROUNDS and EXTERIOR PROPERTY
Any area of a building or lot, excluding porch areas, not enclosed within the walls of a building. These terms include
any public rights-of-way which pass through or are adjacent to a property, including the sidewalk and any area
between the sidewalk, if there is one, and the street pavement.
HAZARDOUS MATERIALS
Means, without regard to amount and/or concentration, petroleum, petroleum distillates or products,
polychlorinated biphenyls (PCB's), asbestos, formaldehyde, radioactive materials, and any substances which are
defined as (or otherwise included in the definition of) "hazardous substances," "hazardous materials," "hazardous
wastes;"'toxic substances," "toxic pollutants," "pollutants," or "contaminants" under any federal or New York State
law, statute, rule, regulation, or code.
INDUSTRIAL WASTE
Any substance resulting from any process of industry or manufacturing, including but not limited to chemical waste,
sludge from air or water treatment facilities, and incinerator residue.
LITTER
Improperly discarded material consisting of but not limited to paper -and' plastic bags, bottles, cans, bottle caps,
containers, garbage, paper, newspaper, pieces of paper, paper and plastic cups, wrappers, articles of clothing,
cigarette butts, toiiet paper, or any other trash disposed on the grounds, bushes or trees of a property.
[Added 2-5-2003 by Ord. No. 2003-4]
OUTDOOR WOOD -BURNING FURNACE
An exterior device or structure, designed or intended, through the burning of wood, for the purpose of heating the
principal structure, or any other structure on the premises.
[Added 6-4-2014 by Ord. No. 2014-05]
PORCH AREA
Includes any open and/or partially enclosed porches or decks, as well as any entranceways or exitways which are in
the public view.
PUBLIC VIEW
Areas of any property that are visible by pedestrian or vehicular traffic in the public right-of-way or visible from the
exterior ground level of adjoining properties or properties within loo feet of the subject property.
RECYCLABLE MATERIALS or RECYCLABLES
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Materials that are defined as "recyclable materials" or "recyclables" pursuant to Tompkins County laws, rules or
regulations, have not become contaminated through household or other use, and are fit for recycling.
REFUSE
Garbage, recyclable materials and collectible yard wastes resulting from the normal day-to-day operation of a
household, business, institution or a public or quasi -public facility. "Refuse" does not include properly stored and
maintained composting materials, rubble, bulk items, industrial waste, hazardous materials, automobile or other
motor vehicle tires, or any other material that the City or private waste hauler has specified will not be picked up
curbside at a property as part of the regular collection.
ROOF
The outer cover and its supporting structures on top of a porch or building.
RUBBLE
Waste material typically resulting from construction, demolition and major renovation activities, including but not
limited to waste cement, concrete, masonry, bricks, tiles, sheetrock, plaster, shingles, lumber, telephone poles,
railroad ties, wooden pallets; doors and door frames, windows and window frames and any similar material.
SNOWFALL
A measurable accumulation of snow or ice, not including trace or flurry events resulting in no measurable ground
accumulation of snow or ice.
[Added 2-6-2008 by Ord. No. 2008-1 ]
SOLID WASTE
Any materials or substances that are discarded or rejected as being spent, worthless, useless or in excess to the
owners or users at the time of such discard or rejection, including but not limited to garbage, refuse, industrial
waste, hazardous materials, tires, rubble, discarded motor vehicles, and discarded bulk items. Notwithstanding the
foregoing, "solid waste" shall not_ include properly prepared and stored recyclables or collectible yard wastes, or
properly stored and maintained composting materials. An object shall be presumed to be discarded or rejected solid
waste when the object is stored, placed or left on the grounds or exterior of the property in the view of neighbors
or passersby under circumstances which meet any of the following criteria:
A. The object produces an offensive smell.
B. The object is of a type designed for interior use or made of materials which are suitable only for interior use
and the object is left outside and exposed to the weather.
C. The object has- reached a degree of dilapidation or disrepair that can reasonably be presumed to render the
material unsuitable for or incapable of being used for its original intended purpose or some other reasonable
purpose.
D. The object is left, placed or stored in a manner which appears likely to cause injuries.
§ 178-3 Standards for grounds and exterior property.
It shall be the duty and responsibility of all owners of property in the City of Ithaca to ensure that:
A. All grounds on the exterior of the premises and all porch areas are kept free from solid waste, and any litter that has
been cast, blown, thrown, put, placed, or accidentally dropped on the grounds, bushes, or in trees, and allowed to
remain on the grounds, bushes, or in trees for 24 hours, is removed.
[Amended 2-5-2003 by Ord. No. 2003-4; 4-7-2004 by Ord. No. 2004-7; 6-1-2005 by Ord. No. 2005-10;'2-3-2016 by
Ord. No. 2016-02]
B. All garbage, when stored outside or when stored in a porch area, is completely contained in nonabsorbent,
watertight, durable containers having a tight -fitting lid in place. Plastic bags are not considered durable containers.
Strong, waterproof plastic bags may be used to place garbage at the curbside on the evening before scheduled
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City of Ithaca, NY Exterior Property Maintenance: § 178-8 Board of Zoning Appeals exe... Page 4 of 8
collections or may be taken to an approved refuse disposal site. Garbage containers, whether they contain garbage
or not, shall have a tight -fitting lid in place at all times. Tight -fitting lids shall be placed back on all garbage containers
as soon as possible after garbage collection and, in any event, on the same day as collection. Any garbage remaining
after scheduled pickup must be removed from curbside as soon as possible after garbage collection and, in any
event, on the same day as collection. Garbage containers shall not be stored in front yards or any other yards that
have frontage on a public street unless all yards on the property have frontage on public streets. Prohibited storage
areas include the area between .the sidewalk and curb. Composting materials, so long as they are maintained as
defined by this section, shall not be considered garbage. It is presumed that the contents of any garbage bag or
plastic bag or garbage can is garbage. For purposes of this subsection, "stored" shall mean located in a general
vicinity for at least 24 hours.
[Amended 4-7-2004 by Ord. No. 2004-7; 9-1-2004 by Ord. No. 2004-15; 6-1-2005 by Ord. No. 2005-10; 2-3-2016
by Ord. No. 2016-02]
C. Solid waste, other than garbage stored in proper containers and in the locations described above, and other than
recyclable materials stored in accordance with § 178-31K below, is not stored in the public view for a period in excess
Of 24 hours, except that construction and demolition debris related to an ongoing construction project with a valid
building permit may be stored in the public view fog not more than 3o days. Reusable household discards may be
placed at curbside on special scavenger days designated by the Department of Public Works, but unclaimed discards
must be removed by the property owner by the deadline .set by the Department. Residents may place reusable
materials on the tree lawn for purposes of informal scavenging, not to be observable for more than two successive
days.
[Amended 6-1-2005 by Ord. No. 2005-10; 2-3-2016 by Ord. No. 2016-02]
D. No more than one unlicensed motor vehicle may be stored in the public view in a side or a rear yard, and such
storage shall be in compliance with § 325-20. If there is no side or rear yard, one unlicensed motor vehicle may be
stored in the front yard in compliance with §325-2o. However, this section shall not apply to a motor vehicle which
constitutes solid waste as defined in § 178-2 above, nor shall it apply to licensed car dealers in nonresidential zoning
districts. For purposes of this subsection, "stored" shall mean located in a general vicinity for at least 24 hours.
[Amended 2-3-2016 by Ord. No. 2016-02]
E. Grass, weeds or other vegetation on grounds and exterior property are maintained so that the height of the
vegetation does not exceed io inches for more than 24 hours, except for trees, bushes and other vegetation
planted, maintained or kept for some ornamental or other useful purpose. Natural woodlands shall be considered an
ornamental or useful purpose. Premises situated at street intersections or on curved streets shall be kept in such
condition as to give a clear and unobstructed view of the intersection or curve.
[Amended 2-5-2003 by Ord. No. 2003-4; 2-3-2016 by Ord. No. 2016-02]
F. The area along public rights-�of-way adjacent to or on the property, including but not limited to the area between the
front property line or sidewalk and the curb or street pavement, does not for at least 24 hours fail to be maintained
in a reasonably clean and sanitary condition free of garbage and/or solid waste, with any grass, weeds and brush in
said area cut or trimmed in compliance with §178-3E above. The planting of annuals and perennials in these
sidewalk areas shall be allowed, but the planting of trees or shrubs in these areas shall not be permitted without the
approval of the Superintendent of Public Works. Premises situated at street intersections or on curved streets shall
be kept in such a condition as to give a clear and unobstructed view of the intersection or curve.
[Amended 2-3-2016 by Ord. No. 2016-02]
G. Trees, shrubs or other vegetation are pruned such that they will not obstruct the passage of pedestrians on
sidewalks. The maintenance of City trees, including trees between the sidewalk and curb, must be left to the
Department of Public Works.
H. Fences and walls are maintained in a safe and structurally sound condition.
I. Steps, walks, driveways, parking spaces, and other similar paved areas in sidewalks, driveways, and tree lawns are
maintained so as to afford safe passage under normal use and weather conditions.
[Amended 2-5-2003 by Ord. No. 2003-4]
City of Ithaca, NY Exterior Property Maintenance: § 178-8 Board of Zoning Appeals exe... Page 5 of 8
J. Sidewalks; snow and ice.
[Amended 12-7-2005 by Ord. No. 05-25; 2-6-2008 by Ord. No. 2008-1 ]
(1) Sidewalks shall be free from snow and ice for the full paved width of such sidewalk, except within 24 hours after
the beginning of a snowfall. Failure to comply shall be punished as provided in § 178-ioA(2). Each day that a
violation continues shall be considered a separate offense.
(2) For properties that abut the intersection of two streets, the sidewalks shall include that portion of the sidewalk
that runs to the curbline of any street and shall include any access ramps therein. (See § 285-5•)
(3) When snow and ice on any sidewalk within the time period specified in Subsection J(i) above is frozen so hard
that it cannot be removed without injury to the sidewalk, it shall, within the time specified in Subsection J(1)
above be strewn and kept strewn with ashes, sand, sawdust or other suitable material, so as to be no longer
dangerous to life and limb. As soon as practical thereafter, the sidewalk shall be completely.cleared of snow, ice
and other materials strewn thereon, as provided in Subsection i(i).
(4) Whenever any sidewalk is not kept free from snow and ice as defined in Subsection J(,), the Superintendent of
Public Works or his or her designee may clear the sidewalk so that it is free from snow and ice and shall notify
the City Chamberlain of the expense incurred by the amount of labor equipment and materials used. The
minimum charge shall be -$5o. The City Chamberlain shall promptly present to the owner of any parcel so
cleared a bill for the removal of snow and ice, as certified by the Superintendent of Public Works. If not paid
within 3o days, the cost thereof shall be assessed against the property, added to its tax and become a lien
thereon, collectible in the same manner as delinquent City taxes. Appeals from this section shall only be
permitted if written notice of appeal is received by the Ithaca City Clerk within 45 days after the mailing of the
bill from the Chamberlain, and such appeals shall be taken to the Board of Public Works,
K. Recycling containers and recyclable materials shall not be stored in front yards; or any other yards that have
frontage on a public street, unless all yards on the property have frontage on public streets. If recyclable materials
are stored in plastic bags, such bags must be made of clear plastic. Recyclable materials placed at curbside before a
scheduled collection may not be in plastic bags. This prohibition against the use of plastic bags at curbside shall not
apply to collectible yard wastes as long as the provisions of Code § 196-3C(i) are met.
L. All provisions regarding dumpsters set forth in Code § 325-29.3 are met.
§ 178-4 Standards for exterior st mctures.
It shall be the duty and responsibility of all owners of property in the City of Ithaca to ensure that:
A. Exterior structures are kept free of garbage, unless stored and completely contained in durable, nonabsorbent,
watertight containers having a tight -fitting lid in place. Plastic bags are not considered durable containers. it is
presumed that the contents of any garbage bag or plastic bag or garbage can is garbage.
[Amended 4-7-2004 by Ord. No. 2004-71
B. All construction and demolition materials and debris, related to an ongoing construction project with a valid building
permit, is located on exterior structures or in yards and in public view for no longer than 3o days, Materials that are
not part of a valid construction project authorized by a building permit shall not be stored in public view and shall be
deemed solid waste for the purposes of this chapter.
[Amended 4-7-2004 by Ord. No. 2004-7]
C. Any exterior structures that are defaced with graffiti do not remain so defaced for a period longer than 20 days,
provided that, if the subject graffiti can reasonably be interpreted as being hateful or derogatory towards any
person or any group of persons by virtue of their actual or perceived race, color, religion, age, disability, marital
status, sexual orientation, military status, or national origin, then the property owner may request that the City
remove the graffiti at no expense to the property owner.
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D. No furniture shall be permitted on any roof that has not been specifically designed for occupancy.and does not have
guardrails meeting the State Building Code requirements at the time of construction. Roofs shall be kept free of
solid waste.
E. No outdoor wood -burning furnace shall be installed, constructed, maintained or operated on the exterior property
of premises within the City.
[Added 6-4-2014 by Ord. No. 2014-05]
§ 178-5 Responsibilities of agents delegated by property owners.
[Amended 4-7-2004 by Ord. No. 2004-7]
Property owners who do not reside in Tompkins County or one of its contiguous counties must file an agency agreement
with the City Building Department designating an agent to be responsible for all of the responsibilities outlined in this
chapter, and to accept service of process on behalf of the property owner. Property owners residing within Tompkins
County or one of its contiguous counties may delegate the responsibilities outlined in this chapter to an agent so long as,
at the time of any violation of this subsection, an agency agreement is on file in the City Building Department. The
property owner and agent shall both be liable for violations of this chapter, and the City may bring an enforcement action
against either the property owner or agent, or both. If a property owner who does not reside in Tompkins County or one
of its contiguous counties fails to file an agency agreement with the Building Department within 6o days of the effective
date of this chapter, or if the agent designated does not accept service or denies agency, then the City Clerk shall be
deemed to be the owner's agent for the limited purpose of accepting service of process on behalf of the owner and
service by mail shall be deemed complete upon mailing by first class mail in the name of the owner to the address of the
property. All agency agreements shall be in the form specified by the City Building Department and shall contain at a
minimum the following information: the identity of the owner and the agent, the owner's and agent's addresses and
current phone numbers, the property or properties the agent is accepting responsibility for, the beginning and ending
date of the agreement, and the signatures of both the property owner and agent, along with each party's date of birth.
The agent must be a resident of or maintain business in Tompkins County. Post office boxes will not be accepted as
addresses for agents. The owner shall be responsible for informing the Building Department, in writing, of changes to the
owner's and agent's addresses and telephone numbers ,that occur after the owner files the agency agreement with the
Building Department. The property owner may not designate a residential tenant as the agent pursuant to this section,
except where such designation is contained in an employment agreement between the property owner and the tenant.
The employment agreement shall not be contained in the lease agreement between the property owner and the tenant,
and the tenant's acceptance of designation as the agent shall not be a condition of the lease agreement.
§ 178-6 New construction.
For new construction of multiple dwellings, commercial buildings, and office buildings, facilities for the storage and
collection of solid waste and recyclable materials shall be subject to and meet the requirements of Code § 276-7A(12).
§ 178-7 Notification when City intends to correct violation; snow or ice and
graffiti removal; hearings forcontested notices or billings; failure of
properly owner to comply.
[Amended 2-6-2008 by Ord. No. 2008-1; 6-5-2013 by Ord. No. 2013-15[11]
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 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 Superintendent of Public Works, as provided for in § 178-3J(4); in that case, the bill for such
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City of Ithaca, NY Exterior Property Maintenance: § 178-8 Board of Zoning Appeals exe... Page 7 of 8
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 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 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 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 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 5o% 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.
[1] Editor's Note; This ordinance provided for an effective date of i -i-2074
§ 178-8 Board of Zoning Appeals exemptions.
In cases where the Board of Zoning Appeals finds that a property is of such size or of such topographical characteristics
as to make compliance with this chapter impractical or a financial hardship to the owner, the Board may grant an
exemption (or a partial exemption to the extent dictated by the special circumstances) from the requirement. Similarly, if
the Board finds that there exists a situation involving desirable plant species or animal habitats deemed worthy of
preserving, it may grant an exception from the requirements.
§ 178-9 liability for area between Sidewalk and curl.
[Amended 2-5-2003 by Ord. No. 2003-4]
Property owners shall be liable for any injury or damage resulting from or caused by reason of omission, failure or
negligence to maintain the area between the sidewalk and the curb of the street in the manner described in § 178-3F and
to maintain steps, walks, driveways, parking spaces, and other similar paved areas in sidewalks, driveways, and tree lawns
in the manner described in § 178-31.
§ 178-10 Enforcement.
[Amended 12-7-2005 by Ord. No. 05-21; 10-3-2012 by Ord. No. 2012-09]
A. Civil penalties.
}lttt ,He.code350.co?' /83891 99
City of Ithaca, NY Exterior Properly Maintenance: § 178-8 Board of Zoning. Appeals exe... Page 8 of 8
Any property owner and/or agent who violates any provision of this chapter or of § 325-29.3, except those
provisions specified in Subsection A(2) below, shall be liable for a civil penalty of $25 for the first violation at a
property within a six-month period, $50 for a second violation at the same property within a six-month period,
and $loo for a third or subsequent violation at the same property within a six-month period. For any fine not
paid within six months of the date of the offense, there shall be a late penalty in the amount of 20% of the fine
added to the amount due, such late penalty waivable for good cause shown.
[Amended 2-3-2016 by Ord. No. 2016-02]
(2) Any property owner and/or agent who violates § 178-3(B), solely insofar as to fail to have a tight -fitting lid in
place on garbage containers, shall be liable for a civil penalty of $10 for each such violation. Any property owner
and/or agent who violates § 178-3(G), (1) or (J), regarding obstruction and/or safety of walkways, shall be liable
for a civil penalty of $40 for the first violation at a property within a twelve-month period, $6o for a second
violation at the same property within a twelve-month period, and $ioo for a third or subsequent violation at
the same property within a twelve-month period.
[Amended 2-3-2016 by Ord. No. 2016-02]
(3) Each violation of this chapter or of § 325-29.3, and each day during which a violation continues, shall be
deemed to be a separate violation.
(4) The City Attorney or his or her designee may commence an action or special proceeding against the violator in
a - court of competent jurisdiction to collect these penalties, together with costs, disbursements and
recoverable attorneys' fees, and/or to compel compliance with or restrain by injunction any such violation.
(5) When the City Attorney obtains a judgment in an action or proceeding under this section either against the
property owner or agent, or both, in addition to the appropriate methods for ehforcement of judgments
established in the Civil Practice Law and Rules, such judgment for penalties may constitute a lien, be a lien on
the subject property and on the rents therefrom, or may be collected in the manner of any other civil
judgment.
(t) In the event a defendant property owner does not answer a ticket within six months of the court date specified
on the summons, the court having jurisdiction shall enter a default plea of guilty on behalf of the defendant
property owner and render a default civil judgment of the fine specified in this section. Upon motion by the
defendant property owner with good cause for the default shown and a meritorious defense asserted, the
court shall vacate the default plea of guilty. Mailing the summons to an address other than the one specified in
the Building Department file shall also be grounds to vacate the default plea of guilty.
B. Appearance tickets and appeals. Notwithstanding any contrary Code provision, appearance tickets may be issued by
the Director of Planning and Development and/or 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 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
[Amended 6-5-2013 by Ord. No. 2013-15111]
[1] Editor's Note. This ordinance provided for an effective date of 7-1-2014.
City of Ithaca, NY
Chapter 325. Zoning
Article V. Supplementary Regulations
§ 325-17• Area regulations.
Page 1 of 1
City of Ithaca, NV
Wednesday, September7, zoi6
A. Reduced lot area. No lot shall be so reduced in area that any required yard will be smaller than that
prescribed in the regulations for the district in which said lot is located.
B.
Visibility at intersections. On a corner lot in any residential district, no fence, wall, grading, hedge or
other structure or planting more than two feet in height shall be erected, placed or maintained
within the triangular area formed by the intersecting street right-of-way lines and a straight line
adjoining said street right-of-way lines at points which are 20 feet distant from the point of
intersection, measured along said street right-of-way. (See illustration below)
C. Obstructions dangerous to traffic. In all districts, no fence, wall, grading, hedge, sign, assembly or
other structure or planting shall be erected, altered, done, placed or maintained which will or may
obscure the view and therefore cause danger to traffic on a public street.
D. Fences. No fence or wall other than a building may be built to a height that will interfere with the
light, air or view of any neighboring property, except as required for screening of parking and
storage areas.
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The property at 940 E. State St. has had several violations in regards to shrubs obstructing the sidewalk
and shrubs/vegetation obstructing the view of oncoming traffic at a intersection. Starting on 7/7/2010
there were complaints of over grown shrubs obstructing the sidewalk. 4 violations were issued for this
offense from 7/7/2010 through 9/11/2014. Starting on or around 8/28/2015 we got complaints about
shrubs obstructing the view of oncoming traffic at the corner or Valley Rd. and E. State St. 21 violations
were issued for this offense from 8/28/2015 to present date and the obstruction has still not been
remedied. -There were also several garbage and solid waste violations from 2011-2014. The remedy for
these violations was a fence was built to hide the obstructions. Not sure if they were ever remedied.
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