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HomeMy WebLinkAboutLL 10 of 2025 Amending Chapter 188 Notification of DefectsAdopted 2025-08-11 TOWN OF ITHACA LOCAL LAW NO. 10 OF THE YEAR 2025 A LOCAL LAW AMENDING TOWN OF ITHACA CODE CHAPTER 188, NOTIFICATION OF DEFECTS, REGARDING NOTICE TRANSMISSION AND FILING PROCESSES Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 188 (Notification of Defects) of the Town of Ithaca Code, Section 188-2, “Transmission of notices,” is amended by replacing current Section 188-2 in its entirety and replacing it with a new Section 188-2 as follows: “For the purposes of this chapter, “written notice” shall mean a written physical hard copy; a notice submitted via email to the Town Clerk or Highway Superintendent/Director of Public Works at the address for the applicable official shown on the Town’s official website ; or a notice submitted via the Town’s official website or any other website, service, or application the Town uses to allow the public to submit to the Town reports of defects described in § 188 -1. Any notice submitted electronically to the Town as described in this section shall be deemed submitted only upon the Town’s sending a confirmation to the person submitting the notice that the Town Clerk or the Highway Superintendent/Director of Public Works has received the notice. The Highway Superintendent/Director of Public Works shall transmit all written notices received by them pursuant to this chapter to the Town Clerk within 10 days of the receipt thereof. The Town Clerk shall distribute a copy of all written notices received by them pursuant this chapter to members of the Town Board within 10 days of the receipt thereof and maintain an index of such notices, by location, for a period of no less than five years from the date of receipt of said notice.” Section 2. Chapter 188 (Notification of Defects) of the Town of Ithaca Code, Section 188-3, “Legislative authority; supersession of statue” is amended by replacing current Section 188-3 in its entirety and replacing it with a new Section 188-3 as follows: “This chapter is adopted pursuant to §10, Subdivision 1(ii) d (3), of the Municipal Home Rule Law. This chapter supersedes Town Law Section 65-a (1-4) to the extent this chapter is inconsistent with it.” Section 3. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4. This local law shall take effect immediately upon its filing with the New York State Secretary of State. TOWN OF ITHACA NEW YORK TOWN CLERKS' OFFICE Paulette Rosa, Town Clerk, Ashley Colbert & Monica Moll, Deputy Town Clerks 215N.TIoga 3114850 607.273.1721 clerks@town.ithaca.ny.us August 12,2025 State Records Unit Department of State One Commerce Plaza 99 Washington Ave. Albany, NY 12231 To Whom It May Concern, Enclosed are: Town of Ithaca Local Laws 9,10,11 and 12 for the year 2025: Local Law 9: A LOCAL LAW REPEALING CHAPTER 175 "LOCK BOXES" OF THE TOWN OF ITHACA CODE, REQUIRING LOCK BOXES Local Law 10: A LOCAL LAW AMENDING TOWN OF ITHACA CODE CHAPTER 188, NOTIFICATION OF DEFECTS, REGARDING NOTICE TRANSMISSION AND FILING PROCESSES Local Law 11: A LOCAL LAW AMENDING TOWN OF ITHACA CODE CHAPTER 270, ZONING,ARTICLE XXVI, SPECIAL REGULATIONS, REGARDING SHORT-TERM RENTAL USES REGULATIONS IN THE CONSERVATION ZONE Local Law 12: A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED N GENERAL MUNICIPAL LAW §3-C Please contact me if you have any questions. Sincerely, Paulette Rosa Town Clerk Local Law Filing New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 12231-0001 www.dos.state.ny.us/corps (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not Include matter being eliminated and do not use italics or underlining to indicate new matter. □County GCity [^Town □Village (Select one:) of Ithaca Local LawNo. 10 of theyear2025 A Innal law ^ LOCAL LAW AMENDING TOWN OF ITHACA CODE CHAPTER 188,NOTIFICAT!ON (Insert Title) OF DEFECTS, REGARDING NOTICE TRANSMISSION AND FILING PROCESSES Be it enacted by the-"*'^^'^ Board Qf (Name of Legislative Body) □County □City [^Town □Village (Select one:) of Ithaca as follows: See attached. (If additional space Is needed, attach pages the same size as this sheet, and number each.) DOS-0239-f-l (Rev. 06/12) Paqe 2 of 4 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. of 20^5 of the (County)(Clty)(Town)(Vlllage) of ^ was duly passed by the Town Board on August 11 20 25 jp accordance with the applicable (Name of Legislative Body) provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 qI the (County)(Clty)(Town)(Vlllage) of was duly passed by the on 20 . and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20 I I n ill accordance w Ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ^ of 20 of the (County)(Clty)(Town)(Village) of was duly passed by the on 20 i_and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 . (Elective Chief Executive Officer') Such local law was submitted to the people by reason of a (mandatory)(permlssive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(specia!)(annual) election held on 20 . In accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. Qf.20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 ,^nd was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 n In accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer Is vested with the power to approve or veto local laws or ordinances. DOS-0239-f-l (Rev. 06/12) Page 3 of 4 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as locai law No : of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (speciai)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original ^ file In this office and that the same is a correct transcript therefrom and of the whole of such original local law, and fir^^lly adopte^hin the manner indicated in paragraph j above. N yC J Clerk of the county Te'Qislative body. City, Town or Village Clerk or officer designated by local legislative body n-. Date; DOS-0239-f-! rRev. 06/12^Page 4 of 4 STATE OF NEW YORK DEPARTMENT OF STATE - . . — . . . __ ONE Commerce Plaza Kathy Hochul 99 Washington avenue governor Albany, NY 12231-0001 Walter T. Mosley kttps://dos.ny.60v secretary of state August 26, 2025 Town of Ithaca 215 N. Tioga Street 14850 Ithaca, New York 14850 RE: Town of Ithaca To Whom it May Concern: Local Law 9, 10, 11. and 12 of the year 2025 was filed with this office on 8/18/2025. The Department of State Local Law Index Number 9, 10, 11, and 12 of the year of 2025. The Local Law number assigned by the Department of State for indexing purposes may be different from the Local Law number ascribed by the Legislative Body of the Local Government. Department of State Division of State Records (518)473-2492 www.dos.ny.aov *The Local Law filing form has been updated as of 03/05/2025 in compliance with Section 27 of the Municipal Home Rule Law* NEW YORK STATE Department of State