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3577 Terrace Rd
Cortland, NY 13045
Desiree Campbell
NYS Code Enforcement Officer
Property Owner: CNY MHPS, LLC
90 Airport Dr. Suite 400
Rochester, NY 14624
Phone: 607-756-7490
Fax: 601-75 8-7922
Property Address: 1054 Route 13 Tax Map Number: 496.09-04-10.00
-11 Kingsley Dr
Cortland, NY 13045
September 18, 2023
Dear Board Members, Town Attorney DelVecchio and' Supervisor Williams,
On the morning of August 17, 2023, a trailer known as number 11 Kingsley Dr.,
located in the Cortland Estates;Trailer Park, caught fire leaving unrepairable
damages to the structure. The structure has been posted and deemed condemned by
writer, Town Code Officer Campbell. I am requesting under the Town Code
Appendix A, Unsafe Buildings II. C that the Board order the structure to be
demolished.
Furthermore, I request that this be a motion made at the September 20, 2023,
Board Meeting due to the imminent danger it poses located in a trailer park.
Thank you for your time and consideration regarding this matter.
have attached pictures for your reference.
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TOWN OF CORTLAANDVILLE
CORTLAND COUNTY
3577 TERRACE ROAD
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Clerk
FIRE PREVENTION AND BUILDING CODE ADMINISTRATION
AND ENFORCEMENT
86 Attachment 1
Town of Cortlandville
Appendix A
UNSAFE BUILDINGS
I. Designation of unsafe buildings.
All buildings or structures which have any or all of the following defects shall be deemed
unsafe buildings.
A. Those whose interior walls or other vertical structural members list, lean or buckle to
such an extent that a plumb line passing through the center of gravity falls outside of
the middle third of its base.
B. Those which, exclusive of the foundation, show 33% or more of damage or
deterioration of the supporting member or members or 50% of damage or deterioration
of the nonsupporting enclosing or outside walls or coverings.
C. Those which have improperly distributed loads upon the floors or roofs or in which the
same are overloaded or which have insufficient strength to be reasonably safe for the
purpose used.
D. Those which have been damaged by fire, wind or other causes so as to have become
dangerous to life, safety and the general health and welfare of the occupants or the
people of the Town of Cortlandville.
E. Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which
so utterly fail to provide the amenities essential to decent living that they are unfit for
human habitation or are likely to cause sickness or disease or so as to work injury to the
health, safety or general welfare of those living therein.
F. Those having light, air and sanitation facilities which are inadequate to protect the
health, safety or general welfare of human beings who live or may live therein.
G. Those having inadequate facilities for egress in case of fire or panic or those having
insufficient stairways, elevators, fire escapes or other means of escape.
H. Those which have parts thereof which are so attached that they may fall and injure
members of the public or property.
Those which, because of their condition, are unsafe, unsanitary or dangerous to the
health, safety or general welfare of the people of this Town.
86 Attachment 1:1 os - rs - 2oos
CORTLANDVILLE CODE
J. Those buildings existing in violation of any provision of the Town Zoning Code' and
any other applicable laws or codes.
II. Standards for repair, vacation or demolition.
The following standards shall be followed in substance by the Code Enforcement Officer and
the Town Board in ordering repair, vacation or demolition:
A. If the unsafe building can reasonably be repaired so that it will no longer exist in
violation of the terms of this Appendix A, it shall be ordered repaired.
B. If the unsafe building is in such condition as to make it dangerous to the health, safety
or general welfare of its occupants, it shall be ordered to be vacated.
C. If any case where an unsafe building is so damaged or decayed or deteriorated from its
original value or structure so that it cannot be economically restored, it shall be
demolished, and in all cases where a building cannot be repaired so that it will no
longer exist in violation of the terms of this Appendix A, it shall be demolished. In all
cases where an unsafe building is a fire hazard or erected in violation of the terms of
this Appendix A or any other provisions of this Appendix A or the laws of the State of
New York, it shall be demolished.
III. Declaration of nuisances.
All unsafe buildings within the terms of § I of this Appendix A are hereby declared to be public
nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter
provided.
IV. Duties of Code Enforcement Officer.
The Code Enforcement Officer shall:
A. Inspect any building, wall or structure about which complaints are filed by any person
to the effect that a building, wall or structure is or may be existing in violation of this
Appendix A and report his findings at least annually to the Town Board or more
frequently as requested by the Board or the Supervisor.
B. Inspect any building, wall or structure reported (as hereinafter provided for) by fire or
police agencies as probably existing in violation of the terms of this Appendix A.
C. Notify personally or in writing the owner or some one of the owner's executors, legal
representatives, agents, lessees or any other person having a vested or contingent
interest in the property, or by registered mail, addressed to the last known address, if
any, of the owner or some one of the owner's executors, legal representatives, agents,
' Editor's Note: See Ch. 128, Zoning.
86 Attachment 1:2 os - 15 - 2oos
FIRE PREVENTION AND BUILDING CODE ADMINISTRATION
AND ENFORCEMENT
lessees or other person having a vested or contingent interest in the same, as shown by
the records of the Assessor or in the Cortland County Office of Real Property Tax and
Assessment, of any building found by him to be an unsafe building within the standard
set forth in § I of this Appendix A:
(1) The owner must vacate or repair or demolish said building in accordance with
the terms of the notice and this Appendix A.
(2) The occupant or lessee must vacate said building or may have it repaired in
accordance with the notice and remain in possession.
(3) Any mortgagee, agent or other persons having an interest in said building may,
at their own risk, repair, vacate or demolish said building or have such work or
act done, provided that any person notified under this subsection to repair,
vacate or demolish any building shall be given such reasonable time, not
exceeding 30 days, as may be necessary to do or have done the work or act
required by the notice provided for herein.
D. Set forth in the notice provided for in Subsection C hereof a description of the building
or structure deemed unsafe, a statement of the particulars which make the building or
structure an unsafe building and an order requiring the same to be put in such condition
so as to comply with the terms of this Appendix A within such length of time, not
exceeding 30 days, as is reasonable.
E. Report to the Town Board any noncompliance with the notice provided for in
Subsections C and D hereof.
F. Appear at all hearings conducted by the Town Board and testify as to the condition of
unsafe buildings.
G. Place a notice on all unsafe buildings reading as follows:
"This building has been found to be an unsafe building by this Code Enforcement
Officer. This notice is to remain on this building until it is repaired, vacated or
demolished in accordance with the notice which has been given to the owner, or some
one of the owner's executors, legal representatives, agents, lessees or any other person
having a vested or contingent interest in the property, by registered mail, addressed to
the last known address, if any, of the owner or some one of the owner's executors, legal
representatives, agents, lessees, or other person having a vested or contingent interest in
the same, as shown by the records of the Assessor or in the Cortland County Office of
Real Property Tax and Assessment, of any building found to be an unsafe building
within the standards set forth in § I of this Appendix A. It is unlawful to remove this
notice until such notice is complied with."
86 Attachment 1:3 05 - 15 - 2008
CORTLANDVILLE CODE
V. Duties of the Town Board.
The Town Board shall:
A. Written notice to owner or lessees: upon receipt of a report of the Code Enforcement
Officer as provided for herein, give written notice to the owner or some one of the
owner's executors, legal representatives, agents, lessees or any other person having a
vested or contingent interest in the property, by registered mail, addressed to the last
known address, if any, of the owner or some one of the owner's executors, legal
representatives, agents, lessees or other person having a vested or contingent interest in
the same, as shown by the records of the Assessor or in the Cortland County Office of
Real Property Tax and Assessment, of any building found by it to be an unsafe building
within the standards set forth in § I of this Appendix A, to appear before it on the date
specified in the notice to show cause why the building or structure reported to be an
unsafe building should not be repaired, vacated or demolished in accordance with the
statement of particulars set forth in the Code Enforcement Officer's notice provided for
herein.
B. Hold hearings: hold a hearing and hear such testimony relative to the unsafe building as
the Code Enforcement Officer or the owner or some one of the owner's executors, legal
representatives, agents, lessees or any other person having a vested or contingent
interest in the property, as shown by the records of the Assessor or in the Cortland
County Office of Real Property Tax and Assessment may give.
C. Written findings of fact: make written findings of fact from the testimony offered
pursuant to Subsection B as to whether or not the building in question is an unsafe
building within the terms of § I hereof.
D. Issue orders based on findings of fact: issue an order based upon findings of fact made
pursuant to Subsection C commanding the owner or some one of the owner's
executors, legal representatives, agents, lessees or any other person having a vested or
contingent interest in the property, as shown by the records of the Assessor or in the
Cortland County Office of Real Property Tax and Assessment, to repair, vacate or
demolish any building found to be an unsafe building within the terms of this Appendix
A, and provided that any person so notified, except the owners, shall have the privilege
of either vacating or repairing said unsafe building, or any person not the owner of said
unsafe building but having an interest in said building may demolish said unsafe
building, at his own risk, to prevent the acquiring of a lien against the land upon which
the unsafe building stands by the Town as provided in Subsection E hereof.
E. Cause building to be repaired. If such person fails to comply with the order provided
for in Subsection D hereof, within 10 days, the Town Board shall cause such building
or structure to be repaired, vacated, or demolished as the facts may warrant, under the
standards hereinbefore provided for in § II of this Appendix A and shall, with the
assistance of the Town Attorney, cause the costs of such repair, vacation, or demolition,
together with a service charge of 50% thereof to cover costs of supervision and
administration, to be charged against the land on which the building existed as a
municipal lien, or cause such costs to be added to the tax rolls as an assessment, or to
86 Attachment 1:4 05 - 15 - 2008
FIRE PREVENTION AND BUILDING CODE ADMINISTRATION
AND ENFORCEMENT
be levied as a special tax against the land upon which the building stands or did stand,
or to be recovered in a suit at law against the owner, provided that in cases where such
procedure is desirable and any delay thereby caused will not be dangerous to the health,
morals, safety, or general welfare of the people of the Town, the Code Enforcement
Officer shall notify the Town Attorney to take legal action to force the owner to make
all necessary repairs or to demolish the building.
F. Report names not complying to Town Attorney: report to the Town Attorney the names
of all persons not complying with the order provided for in Subsection D of this
section.
VI. Emergency cases.
In cases where it reasonably appears that there is immediate danger to the life or safety of any
person unless an unsafe building as defined herein is immediately repaired, vacated or
demolished, the Code Enforcement Officer shall report such facts to the Town Board, and the
Board shall cause the immediate repair, vacation or demolition of such unsafe building. The
costs of such emergency repair, vacation or demolition of such unsafe building shall be
collected in the same manner as provided in Subsection E of § V.
VII. Absentee owners.
In cases, except emergency cases, where the owner, occupant or lessee is absent from the
Town, all notices or orders provided for herein shall be sent, by registered mail, to the party in
interest as described in § IVC, to the last known address of such party in interest, and a copy of
such notice shalt be posted in a conspicuous place on the unsafe building to which it relates.
Such mailing and posting shall be deemed adequate service.
VIII. Administrative liability.
No officer, agent or employee of the Town of Cortlandville shall render himself personally
liable for any damage that may accrue to persons or property as a result of any act required or
permitted in the discharge of his duties under this Appendix A. Any suit brought against any
officer, agent or employee of the Town as a result of any act required or permitted in the
discharge of his duties under this Appendix A shall be defended by the Town Attorney until the
final determination of the proceeding therein.
IX. Duties of firemen.
The Fire Chief or his/her assistant of the Town Fire Department may make a report, in writing,
to the Code Enforcement Officer of any building or structures which are, may be or arc
suspected to be unsafe buildings within the terms of this Appendix A.
86 Attachment 1:5 os - 15 - Zoos
CORTLANDVILLE CODE
X. Duties of Town departments.
Any employee of any Town Department or any law enforcement official may make a report, in
writing, to the Code Enforcement Officer of any buildings or structures which are or may be
deemed to be unsafe buildings within the terms of this Appendix A. Such reports must be
delivered to the Code Enforcement Officer within 24 hours of the discovery of such building.
A. Any person entitled to service (notice) under § IVC may appeal from any notice and
order or any action of the Code Enforcement Officer by filing at the office of the Code
Enforcement Officer, within 30 days from the date of service of such order, a written,
dated appeal, in duplicate, containing:
(1) A brief statement setting forth the legal interest of each of the appellants in the
building or land involved in the notice and order.
(2) A brief statement in ordinary and concise language of the specific order or
action protested, together with any material facts supporting the contentions of
the appellant.
(3) A statement of relief sought and the reasons why it is claimed the protested
order or action should be reversed, modified or set aside.
(4) The signature of all parties named as appellants, and their official mailing
addresses.
(5) The verification of at least one appellant as to the truth of the matters stated in
the appeal.
B. Upon receipt at his or her office of the appeal filed pursuant to this section, the Code
Enforcement Officer shall cause one copy to be stamped to show date of receipt and
shall immediately forward that copy, together with a copy of the notice and order
appealed from, to the Town Clerk, who shall file the appeal as a part of the records of
the Town and shall present it at the next regular or special meeting of the Town Board.
C. After receiving the written appeal, the Supervisor thereof shall set a date for hearing of
the appeal by the Town Board, which date shall be not less than 10 days nor more than
60 days from the date the appeal was filed with the Code Enforcement Officer. Written
notice of the time and place of the hearing shall be given at least 10 days prior to the
date of the hearing to each appellant by the Town Clerk; copies of the notice shall also
be delivered to the Building Inspector and the Town Attorney.
D. The Town Board shall hold a hearing, at which time the Code Enforcement Officer
may then present evidence in support of the notice and order and in rebuttal of
appellant's case, after which the appellant may submit evidence in rebuttal of any
evidence presented by the Code Enforcement Officer.
E. At the conclusion of the hearing, the Town Board shall consider the evidence presented
and shall make written findings of fact, based upon the evidence, to support its
86 Attachment 1:6 05 - 15 - 2008
FIRE PREVENTION AND BUILDING CODE ADMINISTRATION
AND ENFORCEMENT
decision. Written findings and decision shall be rendered by the Town Board within 10
days from the date the hearing is concluded, and copies thereof shall be delivered to
each appellant and the Code Enforcement Officer. The decision of the Town Board
shall be final.
F. If the original survey is sustained, in whole or in part, the Code Enforcement Officer
shall also include an order directing the owner to proceed in accordance therewith and
shall further specify that, unless the work is commenced within 10 days after service
and completed within six months thereafter, which the Code Enforcement Officer shall
designate, the penalties hereinafter shall be involved.
XI. Penalties for offenses.
A. Violation of any of the provisions of this Appendix A is hereby declared to be a
violation pursuant to the Penal Law.
B. For every violation of any provision of this Appendix A, the person violating the same
shall be subject to a fine of not more than $250 or imprisonment of not more than 15
days, or both such fine and imprisonment, as provided in the Penal Law. Every week
the violation shall continue to constitute a new and separate offense.
86 Attachment 1:7 05 - rs - 2oos
9/18/23, 5:53 PM
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SEPTEMBER 20, 2023 TOWN BOARD MEETING PAGE 9
Councilman Cobb made a motion, seconded by Councilman Guido, to receive and file
correspondence from Code Officer, Desiree Campbell, dated September 18, 2023, requesting the
Town Board order the demolition of a structure (trailer) located at the Cortland Estates Trailer
Park, known as 11 Kingsley Drive, due to the unrepairable damage caused by a fire; CEO
Campbell posted the structure as condemned. All voting aye the motion was carried.
Supervisor Williams noted there was a specific process to be followed when declaring a
structure unsafe and ordering its demolition. Attorney DelVecchio would review the process and
report back to the Board.
RESOLUTION 4282 REFER AQUIFER PROTECTION PERMIT APPLICATION
SUBMITTED BY PALL CORPORATION TO THE TOWN AND
COUNTY PLANNING BOARDS FOR REVIEW
AND RECOMMENDATIONS
Motion by Councilman Guido
Seconded by Councilman Donlick
VOTES: AYE — Williams, Cobb, Donlick, Guido, Leach NAY — 0
ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by PALL Corporation
regarding the construction of a 22,000 square foot building expansion on the side of the existing
facility, located at 3643 Route 281, tax map #95.12-01-07.000, is hereby received and filed and
shall be forwarded to the Town and County Planning Boards for review and recommendations.
There was a brief discussion regarding the increase in the maximum amount allowed in the
water and sewer improvement capital reserve funds. Both funds were established over 35 years
ago, when the cost of improvements was far less than today. The balance of the water reserve fund
was almost at the maximum allowed to be in the fund, while the sewer reserve fund was over the
threshold. Supervisor Williams suggested the Board increase the maximum amount to $1,000,000
each. Councilman Guido asked for clarification that the Board did not have to fund the accounts
to the maximum amount. Supervisor Williams explained that they did not have to fund the
accounts to the maximum amount.
RESOLUTION #283 AUTHORIZE SUPERVISOR TO INCREASE THE WATER
IMPROVEMENT CAPITAL RESERVE FUND FROM
$500,000.00 TO $1,000,000.00
Motion by Councilman Leach
Seconded by Councilman Cobb
VOTES: AYE — Williams, Cobb, Donlick, Guido, Leach NAY — 0
ADOPTED
WHEREAS, per Town Board Resolution #39 of 1983, adopted January 5, 1983, the Town Board
established a Water Improvement Capital Reserve Fund to "finance the cost of construction,
reconstruction, acquisition for water improvements" with the intent to "accumulate all/part of the
cost of water improvements" with the maximum cost of which estimated to be $500,000.00, and
WHEREAS, it has been 40 years since the reserve fund was established and the cost of
construction, reconstruction, and acquisition for water improvements has increased significantly
and it is the intent of this Board to increase the maximum amount of money allowed in the Water
Improvement Capital Reserve Fund from $500,000.00 to $1,000,000.00, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to increase
the Water Improvement Capital Reserve Fund to a maximum of $1,000,000.00.