[HISTORY: Adopted by the Town Board of the Town of Ithaca 6-13-2011 by L.L. No.
5-2011.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 129.
Zoning — See Ch. 270.
[1]
Editor’s Note: This local law also repealed former Ch.
205, Property Maintenance, adopted 9-10-1979 by L.L. No. 4-1979, as
amended.
The purpose of this chapter is to assist in the enforcement
of the Property Maintenance Code of the New York State Uniform Fire
Prevention and Building Code (hereafter referred to as the "State
Property Maintenance Code") and, pursuant to the authority granted
to the Town of Ithaca by Town Law Article 16 of the State of New York
and Executive Law Article 18 of the State of New York, to promote
the general health, safety and welfare of the residents of the Town
of Ithaca, protect the value of real property in the Town of Ithaca,
and promote and perpetuate the attractive appearance of neighborhoods
in the community, by requiring proper maintenance of real property
within the Town of Ithaca. This legislation is intended to expressly
supersede the provisions of New York Town Law §§ 274-a
(4), 268, and 282 pursuant to the provisions of the Municipal Home
Rule Law of the State of New York, specifically, but not exclusively,
in relation to the jurisdiction of the Zoning Board of Appeals, including
by expanding such jurisdiction to determine matters related to New
York Town Law Article 16, even if not enacted wholly pursuant to the
authority of said Town Law Article 16.
A.
It shall be a violation of this chapter for any owner or other occupant
of real property in the Town of Ithaca, or for any person having control
of real property in the Town of Ithaca charged with the maintenance
of the property, to deposit, abandon, maintain, keep or allow the
accumulation on his or her real property, outside of any building,
of any personal property, junk, trash, rubbish, garbage, refuse, debris,
discarded materials, bulk items, and/or any other material which,
if thrown or deposited as herein prohibited, tends to create a danger
to the public health, safety and welfare, or creates degradation through
unsightliness or noisomeness, or which creates a public or private
nuisance.
(1)
Examples of such materials are as follows:
(a)
Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food, except for composted
materials placed inside an enclosure and located at least three feet
from a property line, or composted materials located at least 10 feet
from a property line if not placed inside an enclosure.
(b)
Putrescible and nonputrescible solid wastes (except body wastes),
such as garbage, rubbish, ashes, street cleanings, dead animals, and
solid market and industrial wastes.
(c)
Nonputrescible solid wastes consisting of combustible or noncombustible
wastes, such as felled or cut trees or limbs stored within three feet
of the property line, lumber or construction materials not actively
and presently being used to construct or repair a building or make
any other improvement on the premises, broken glass, discarded bedding,
broken crockery, discarded furniture or toys, accumulation of items
(including but not limited to magazines and other paper goods, tools
and parts, paints, varnishes and lacquers, containers, boxes and jars),
and similar materials or parts thereof, whether mixed together or
otherwise, and in any amount.
(d)
Any boat, snowmobile, all-terrain vehicle, or other such device,
which is in a state of disrepair or is otherwise dilapidated, broken,
or abandoned.
(e)
Abandoned, discarded, broken, or inoperable refrigerators, washing
machines or other machinery or parts thereof. Any such items stored
on any yard or lot for a period of more than 60 days shall be presumed
to be abandoned.
(f)
Any automobile, truck, or other vehicle originally intended
for use on the public highways which is no longer intended or in condition
for legal use on the public highways, including such vehicles which
are in a state of disrepair or otherwise dilapidated, broken, or abandoned.
For the purpose of this subsection, a vehicle shall be presumed to
be no longer intended or in condition for legal use on the public
highways if any of the following apply:
[1]
It does not bear and display upon such vehicle, in a location
prescribed by the Commissioner of Motor Vehicles, a current registration
from the State of New York or other recognized registering jurisdiction;
or
[2]
It does not bear and display upon such vehicle, in a location
prescribed by the Commissioner of Motor Vehicles, an inspection certificate
issued within the last 12 months in accordance with the laws of the
State of New York or the laws of any other recognized inspecting jurisdiction
if required for use on public highways; or
[3]
Such vehicle is not able to be moved by its own power.
[4]
Notwithstanding the foregoing, the following vehicles are allowed
to be kept outside a building:
[a]
Farm vehicles that meet criteria [1] and/or [3] above, provided
they have been registered within the last 12 months; and
[b]
A private vehicle meeting criteria [1], [2] and/or [3] above
that is offered for sale for no longer than a ninety-day period, provided
that no more than one private vehicle meeting criteria [1], [2] and/or
[3] above may be offered for sale on any parcel within any twelve-month
period.
(2)
Such list of examples is not exclusive and is not in limitation of
the prohibition contained in this section.
B.
Except to the extent that a health, safety or fire hazard is found to exist, or if the storage of such items would constitute a nuisance, it shall not be a violation of this chapter to maintain on real property items of the kind and nature set forth in Subsection A above if such items are stored inside a building or if they are stored in such manner that they are not visible to neighboring properties or from a highway.
A.
A violation of this chapter shall be a violation as defined in § 10.00
of the Penal Law of the State of New York and shall be punishable
by a fine not to exceed $500 or a sentence of imprisonment not to
exceed 15 days, or both.
B.
Persons and other entities that violate a provision of this chapter
shall be liable for a civil penalty of up to $500 for each such violation.
Each day a violation exists shall constitute a separate violation.
The Attorney for the Town 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 this chapter or restrain by injunction any such violation.
C.
Violations of the State Property Maintenance Code shall be punishable
as set forth in § 382 of the Executive Law of the State
of New York.
A.
This chapter shall be enforced by the Director of Code Enforcement
or any other person designated by the Town Board, and their duly appointed
deputies, all herein collectively referred to from time to time as
the "Code Enforcement Officer." The Code Enforcement Officer of the
Town of Ithaca is hereby authorized to enforce the provisions of this
chapter, the Executive Law of the State of New York, and the State
Property Maintenance Code, each as now exists or as hereafter amended,
reauthorized, or recodified.
B.
Upon receiving a complaint or upon any inspection of a property,
the Code Enforcement Officer shall determine whether or not there
appears to be a violation of this chapter and/or the State Property
Maintenance Code. Upon finding or making a determination that this
chapter and/or the State Property Maintenance Code has been or is
being violated, the Code Enforcement Officer shall give the owner
of the real property, and may also give an occupant of the real property,
and/or the person having control of said real property charged with
the maintenance of the property, written notice of such violation
or noncompliance, and such notice shall be called and labeled as a
"Failure to Maintain Property Notice" (herein, the "FMPN").
(1)
Such FMPN shall contain:
(a)
A brief description of the premises, and for this purpose a
street address is sufficient;
(b)
The nature and existence of the violation;
(c)
The provision(s) of this chapter and/or the State Property Maintenance
Code that has been or is being violated;
(d)
An order that the violation be terminated or corrected;
(e)
A date by which compliance is mandated; and
(f)
A date by which the owner, occupant or person having control may object in writing to the notice, which objection(s) shall be deemed to be a request for a hearing before the Zoning Board of Appeals of the Town of Ithaca, established pursuant to Chapter 270, Zoning, of the Town of Ithaca Code. Such objection or request for a hearing may be filed to appeal the determination of noncompliance, the date mandated for compliance, the terms and conditions of any order for compliance, or for a variance from the requirements of this chapter, or for any other reason.
(2)
Written notice of the FMPN shall be considered given when:
(a)
Personally served upon the owner, and (where they are also recipients
of the FMPN, as the case may be) any other known occupant or person
having control of such real property in the Town of Ithaca who is
required to maintain the property; and
(b)
After also mailing the same by regular and certified mail to
the owner's address as reflected in the last completed official
assessment roll and to the address for the real property so affected.
C.
If the owner, or other occupant or person having control of real
property in the Town of Ithaca, fails to remedy the violation by the
date upon which compliance is mandated and fails to request a hearing
by the date specified in the FMPN, the Code Enforcement Officer shall
cause a compliance and remediation plan to be presented to and approved
by the Town Board, and the Town shall, through such plan, cause the
condition to be corrected through the use of reasonably efficient
and cost-effective measures to keep the expenses low and reasonable
in respect to the nature of the violation and the measures needed
to effect compliance with this chapter (including any necessary remediation
activities). After the condition has been corrected, the Code Enforcement
Officer shall file with the Accounting Department of the Town of Ithaca
a statement of all the direct costs of the same, together with a 50%
surcharge as compensation to the Town of Ithaca for administering,
supervising, and handling said work in accord with the provisions
of this chapter. The Accounting Department will verify the cost and
prepare a verified statement (herein, the "Verified Statement") and
file the same in the Office of the Town Clerk. The Verified Statement
shall itemize and clearly state the specific amount claimed due and
be delivered by:
(1)
Personally serving the same upon the owner, and (where they were
also recipients of the FMPN, as the case may be) any other known occupant
or person having control of such real property in the Town of Ithaca
who is required to maintain the property; and
(2)
Mailing the same by regular and certified mail to the owner's
address as reflected in the last completed official assessment roll
and to the address for the real property so affected.
D.
Any person aggrieved by the filing of a Verified Statement may file
a written objection thereto and request a hearing by the Town Board
to challenge the validity of the Verified Statement or to determine
the actual or reasonable costs of compliance or remediation incurred
by the Town of Ithaca as listed in the Verified Statement. Such objection
must be filed within 30 days of service and mailing of Verified Statement.
Notice of the date of the hearing before the Town Board shall be served
by:
(1)
Personally serving the same upon the objecting party and the owner,
if different; and
(2)
Mailing the same by regular and certified mail to the objecting party's
and the owner's address (again, if different) as reflected in
the last completed official assessment roll and to the address for
the real property so affected.
E.
Absent any objection or request for a hearing, if the sum stated
in the Verified Statement as due is not paid within 30 days of the
date of service of the Verified Statement, the Town may file a certificate
with the Tompkins County Department of Assessment stating the cost
of abatement and administrative costs to the Town, as detailed in
the Verified Statement, together with a statement identifying the
property and landowner. The Tompkins County Department of Assessment
shall in the preparation of the next assessment roll assess such unpaid
costs upon such property. Such amount shall be included as a special
ad valorem levy (administered as a move tax) against such property,
shall constitute a lien, and shall be collected and enforced in the
same manner, by the same proceedings, at the same time, and under
the same penalties as are provided by law for collection and enforcement
of real property taxes in the Town of Ithaca. The assessment of such
costs shall be effective even if the property would otherwise be exempt
from real estate taxation.
F.
If an objection or request for a hearing upon the FMPN is filed within
the date by which the owner, or other occupant or person having control
of real property in the Town of Ithaca, may object to the notice or
request a hearing, then the owner, or other occupant or person having
control of real property in the Town of Ithaca charged with the maintenance
of the property, shall be served with a written notice (as aforedescribed)
of the time and place that the hearing before the Zoning Board of
Appeals of the Town of Ithaca will take place. This hearing before
the Zoning Board of Appeals of the Town of Ithaca shall be held not
less than 30 days, nor more than 60 days, after the objection or request
for a hearing is filed, and the determination of the Zoning Board
of Appeals of the Town of Ithaca shall be made and issued to the objecting
party and the owner of the subject property, if different, by:
(1)
Personally serving the same upon the objecting party and the owner,
if different; and
(2)
Mailing the same by regular and certified mail to the objecting party
and the owner (again, if different) to said person's address(es)
as provided to the Zoning Board of Appeals of the Town of Ithaca or
as reflected in the last completed official assessment roll, and to
the address for the real property so affected.
G.
If, upon the completion of the appeal to the Zoning Board of Appeals
of the Town of Ithaca, the Zoning Board of Appeals of the Town of
Ithaca denies the appeal or sets conditions of a variance, and the
owner, or other occupant or person having control of real property
in the Town of Ithaca charged with the maintenance of the property,
fails, neglects, or refuses to terminate or correct the violation,
or fails to abide by the conditions of the variance set by the Zoning
Board of Appeals within 30 days of the decision being filed with the
Town Clerk, then the Code Enforcement Officer shall cause the condition
to be corrected through the use of reasonably efficient and cost-effective
measures to keep the expenses low and reasonable in respect of the
nature of the violation and the measures needed to effect compliance
with the law (including any necessary remediation activities). After
the condition has been corrected, the Code Enforcement Officer shall
then file with the Accounting Department of the Town of Ithaca a statement
of all the direct costs of the same, together with a 50% surcharge
as compensation to the Town of Ithaca for administering, supervising
and handling said work in accord with the provisions of this chapter.
The Accounting Department will verify the cost and prepare a Verified
Statement and file the same in the Office of the Town Clerk. The Verified
Statement shall itemize and clearly state the specific amount claimed
due and be delivered by:
(1)
Personally serving the same upon the owner, and (where they were
also recipients of the FMPN, as the case may be) any other known occupant
or person having control of such real property in the Town of Ithaca
who is required to maintain the property; and
(2)
Mailing the same by regular and certified mail to the owner's
address as reflected in the last completed official assessment roll
and to the address for the real property so affected.
H.
If an objection or request for a hearing upon the Verified Statement
is filed within the date by which the owner, or other occupant or
person having control of real property in the Town of Ithaca, may
object to such notice, then the owner and objecting party, if different,
shall be served with written notice (as aforedescribed) of the time
and place that the hearing before the Town Board will take place.
(1)
This hearing before the Town Board shall be held not less than 30
days, nor more than 60 days, after the objection or request for a
hearing is filed, and the determination of the Town Board shall be
made and issued to all parties and the owner of the subject property
by:
(a)
Personally serving the same upon the objecting party and the
owner, if different; and
(b)
Mailing the same by regular and certified mail to the objecting
party and the owner (again, if different) to said person's address(es)
as provided to the Town Board or as reflected in the last completed
official assessment roll, and to the address for the real property
so affected.
(2)
If the Town Board upholds the Verified Statement, and if the sum
stated in the Verified Statement is not paid within 30 days of the
date of the Town Board's determination, then the Town may file
a certificate with the Tompkins County Department of Assessment stating
the cost of abatement and administrative costs to the Town, as detailed
in the Verified Statement, together with a statement identifying the
property and landowner. The Tompkins County Department of Assessment
shall in the preparation of the next assessment roll assess such unpaid
costs upon such property. Such amount shall be included as a special
ad valorem levy (administered as a move tax) against such property,
shall constitute a lien, and shall be collected and enforced in the
same manner, by the same proceedings, at the same time, and under
the same penalties as are provided by law for collection and enforcement
of real property taxes in the Town of Ithaca. The assessment of such
costs shall be effective even if the property would otherwise be exempt
from real estate taxation.
(3)
If the Town Board rules that the amount of the Verified Statement
shall be adjusted downward, and if the adjusted costs of abatement
and administrative costs are not paid within 30 days of the date of
the determination of the Town Board, then the Town may file a certificate
with the Tompkins County Department of Assessment stating the cost
of abatement and administrative costs to the Town, as detailed in
the Verified Statement, together with a statement identifying the
property and landowner. The Tompkins County Department of Assessment
shall in the preparation of the next assessment roll assess such unpaid
costs upon such property. Such amount shall be included as a special
ad valorem levy (administered as a move tax) against such property,
shall constitute a lien, and shall be collected and enforced in the
same manner, by the same proceedings, at the same time, and under
the same penalties as are provided by law for collection and enforcement
of real property taxes in the Town of Ithaca. The assessment of such
costs shall be effective even if the property would otherwise be exempt
from real estate taxation.
(4)
If the Town Board invalidates the Verified Statement, or makes such
other determination as to preclude the validity or enforceability
of the Verified Statement, then the Town of Ithaca shall not seek
to enforce the Verified Statement by collection or assessment, and
instead shall take such actions as are allowed by law to compel compliance
with this chapter and the State Property Maintenance Code, including,
but not limited to, the pursuit of civil or criminal enforcement actions,
or by reissuance of a FMPN, if applicable. The Town Board shall not
have the authority to increase the amount claimed due or owing upon
any Verified Statement until and unless a new or amended Verified
Statement is generated in accordance with the substantive and procedural
requirements of this chapter.
I.
The Town's rights to carry out compliance and remediation plans
and to recover the costs from the landowner are in addition to all
other rights and remedies allowed by this chapter or by law or in
equity.
The Zoning Board of Appeals established pursuant to Chapter 270, Zoning, of the Town of Ithaca Code may grant variances from the application of this chapter upon the following conditions:
A.
Any variance shall be prospective in its application and shall not
relieve any person from the fines and penalties for violating this
chapter by conditions that existed prior to the granting of the variance.
B.
An application for a variance shall be submitted to the Building
and Code Enforcement Department in a form substantially indicating
the name and owner of the real property, the nature of the condition
for which a variance waiver is sought, and the reasons for which a
variance is sought.
C.
The applicant shall pay the Town the same fee as that set from time
to time by Town Board resolution for appeals to the Zoning Board of
Appeals for area variances from zoning requirements.
D.
The Zoning Board of Appeals shall hold a public hearing on the application and shall publish legal notice of said public hearing at least five days prior to its date. The Zoning Board of Appeals notice of said application shall also be given to all landowners owning property adjoining the property for which a variance is sought. The Zoning Board of Appeals notice that a variance is sought shall also be posted on the property in accordance with the posting provisions of § 270-237 of the Town of Ithaca Code.
E.
The Zoning Board of Appeals may grant a variance if it determines
that the benefit to the applicant, if the variance is granted, outweighs
the detriment to the health, safety and welfare of the neighborhood
or community by such grant. In making such determination the Board
may consider, among other matters:
(1)
Whether an undesirable change will be produced in the character of
the neighborhood or a detriment to nearby properties will be created
by the granting of the variance;
(2)
Whether the benefits sought by the applicant can be achieved by some
method, feasible for the applicant to pursue, other than a variance;
(3)
Whether the requested variance is substantial;
(4)
Whether the requested variance will have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
zoning district;
(5)
Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Zoning Board of Appeals but
shall not necessarily preclude the granting of the variance;
(6)
Whether the compliance order can or will substantially interfere
with the use or enjoyment of the real property;
(7)
Whether granting the variance would be in keeping with the intent
and spirit of this chapter and is in the best interests of the community;
and
(8)
Whether there are special circumstances involved in the particular
case, and such circumstances are recited in the minutes.
F.
The Zoning Board of Appeals, if it chooses to grant the variance,
shall grant the minimum degree of variance as it shall deem necessary
and adequate and at the same time preserve and protect the character
of the neighborhood and the health, safety, and welfare of the community.
G.
The Zoning Board of Appeals shall, in the granting of such variance,
have the authority to impose such reasonable conditions and restrictions
as are directly related to and incidental to the proposed use of the
property and/or the period of time such variance shall be in effect.
Such conditions may include a time limit on the variance, including
a time variance related to the occupancy of the premises by the applicant.
Such conditions shall be consistent with the spirit and intent of
this chapter, and shall be imposed for the purpose of minimizing any
adverse impact such variance may have on the neighborhood or community.
H.
All procedures relating to applications for, hearings upon, determinations upon, and all other related procedural matters pertaining to variances, shall be in accordance with the procedures outlined for area variances in New York Town Law Article 16 and Chapter 270 of the Town of Ithaca Code, except to the extent expressly provided otherwise herein or superseded hereby. To the extent not so provided, any other procedure shall be administratively adopted by the Zoning Board of Appeals, approved by the Town Board, and published in the official Minutes of the Town Board of the Town of Ithaca.
I.
The actions and determinations of the Town of Ithaca, the Zoning
Board of Appeals, the Town Board, and the Code Enforcement Officer,
as referenced in this chapter, shall be deemed final determinations
for purposes of Article 78 of the New York Civil Practice Laws and
Rules (CPLR). Notwithstanding this, standing under said Article 78
of the CPLR shall only be appropriate after the exhaustion of any
administrative reviews and/or appeals as provided for in this chapter.
