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Home My WebLink AboutCOC Minutes 2024-08-08 TOWN OF ITHACA CODES AND ORDINANCES COMMITTEE (COC) Meetingogust 8, 2024—5:30 pm Shirley A. Raffensperger Board Room, Town Hall Minutes Members present: Rob Rosen, Chair, Chris Jung, Bill Arms, Susie Gutenberger-Fitzpatrick, Eva Hoffmann via-Zoom Member excused: Eric Levine Staff Present: Dana Magnuson, Senior Code Officer; Marty Moseley, Director of Code Enforcement; Susan Brock, Attorney for the Town. Chris Balestra, Senior Planner via Zoom. Guests: none The meeting began at 5:30 p.m., was recorded on Zoom and streamed live on the Town of Ithaca YouTube channel. 1. Member comments/concerns. Eva noted the recent passing of David Klein who was a former long time Town Board Member, COC Member and also Town Justice. She credited him for the Town Comprehensive Plan adoption and good work keeping the COC committee moving forward. 2. Review minutes from July 11,2024, COC meeting. Rob moved to accept the minutes; Bill seconded. Susan Brock recommended two changes, and all members voted in favor of approval of the July 11, 2024, COC meeting minutes as amended. 3. Memo and excerpt from Town Code §270-239 Violations and Penalties. Susan Brock explained her memo to the committee which also included staff recommended changes regarding orders to remedy and injunctions. The recommendation was to reflect the same language that exists in the Personal Wireless Service Facility code provisions so that it is applicable to all zoning violations. Susan asked questions for the COC to consider: 1. Should the existing fines and imprisonment provision be changed? Town staff did not recommend any changes. Marty noted the codes court cases since he has worked for the town have not resulted in imposing fines. The town justices seem to allow time for corrective actions before imposing fines. NYS Town Law was referenced and read aloud by Susan, which is what the Town Code currently references and uses for fines and imprisonment terms. It was mentioned that in cases such as short- term rentals,property owners could weigh the cost of the penalty versus the financial gain in the violation and take the risk and violate the law. Marry reported that there are approximately 2-3 court cases per year associated with code violations; and that compliance is generally achieved without further action. The committee agreed with the staff recommendation (no changes to existing fines and imprisonment provision),understanding that the goal was for compliance with the law,not to gain the fines. 1 2. Should civil penalties be added? Susan explained if the committee recommends the Town Board changes Town Code §270-239 to authorize civil penalties for Zoning chapter violations,the Town could then seek the penalties from the violator and an injunction/order in one action through the Supreme Court(instead of having to seek criminal fines in Town Court and an injunction/order in Supreme Court). She listed other examples of other civil penalty amounts in other Ithaca Town Code provisions for reference. Committee members agreed to add civil penalties and discussed the level that would be appropriate for all Zoning Code violations. It was noted that the judge makes the final decision on the penalty amount, and that a penalty can be imposed up to a certain amount. The committee thought that penalties up to $1000 per day for each zoning violation was reasonable. The committee also wanted to retain the higher$5,000 per day penalty for violations of§270-219 Personal Wireless Service Facilities. Town staff recommended adding wording for orders to remedy and injunctions/orders like it is currently written in the §270-219 Personal Wireless Service Facilities, except applicable to the whole Zoning chapter. The COC agreed with this. Finally, the memo from Susan Brock identified"person" as needing a definition in the Zoning chapter. The definition in the town's food truck law was given as an example definition. Rob made a motion to pass the proposed changes to Town Code §270-239 Violations and Penalties, as amended, to the Town Board to enact into law. Motion was seconded by Chris J; all voted in favor. Other business: next meeting scheduled for September 12, 2024, at 5:30 p.m. • Agenda: Part 2 of the graphical representation examples that apply the draft cluster subdivision regulations. The meeting adjourned at 6:10 p.m. 2