HomeMy WebLinkAboutLL 19 of 2017 Amend Ch 125 Operating Permits for Certain RentalsyO^
TOWN OF ITHACA
215 N Tioga St, Ithaca, NY 14850
Phone:607-273-1721 n Fax:607-273-5854
www.town.ithaca.ny.us
Town Clerk: Paulette Rosa (PRosa@Town.Ithaca.Ny.US)
Deputy Town Clerks: Debra DeAugistine (DDeaugistine@Town.Ithaca.NY.US)
Jasmin J Cubero (JCubero@Town.Ithaca.NY.US)
December 13, 2017
State Records Unit
Department of State
One Commerce Plaza, 99 Washington Ave.
Albany, NY 12231
To Whom It May Concern,
Enclosed please find Town of Ithaca Local Law Nos. 18 through 20 for the year 2017.
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 Commerciai 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 GOity [x]Town GVIIIage
(Select one:)
of Ithaca
Local Law No. 19 of the year 2017
A local law Town of Ithaca Code, Chapter 125 titled "Building Construction and Fire
(Insert Title)
Prevention", to add requirements for Operating permits and Inspections for certain
residential rental units and accessory dwelling units, and to add permit requirements upon
transfer of title
/' >
Be it enacted by the Town Board of the
(Name of Legislative Body)
□County GCIty [x]Town GVillage
(Select one:)
of Ithaca as follows:
See attached.
f' \
(if additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-0239-f-l (Rev. 06/12)Page 2 of 4
(Complete the certification in the paragraph that applies to the fiiing of this locai law and
strike out that which is not applicabie.)
1. (Final adoption by iocal legisiative body only.) ' ^
I hereby certify that the local law annexed hereto, designated as local law No. If of 20'^ of
the (County)(Glty)(Town)(Vlllage) of was duly passed by the
Town Board on December 11. 20 , In accordance with the applicabie
(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 of
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, in 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)(City)(Town)(Vlllage) of was duly passed by the
on 20 . and was (approved)(not approved)
(Name of Legisiative Body) f \
(repassed after disapproval) by the on 20 .
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a (mandatory)(permlsslve) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(speclal)(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. of 20 of
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 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 , 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 locai laws or ordinances.
DOS-0239-f-l (Rev. 06/12) Page 3 of 4
(City local law concerning Charter revision proposed by petition.)
lereby certify that the local law annexed hereto, designated as local law No of 20 of
*s City of having been submitted to referendum pursuant to the provisions of section (36)(37) of
e Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
..lereon at the (speclal)(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 origlrrpT^ file In this office and that the same Is a
correct transcript therefrom and of the whole of such original local law, apa;i/^s^%alfy^adopt^ In the manner Indicated In
paragraph 1 , above.
(Sedi)
Cleik of the county legislative bddy. City, Towri or Village Clerk or
officer designated by )ocal legislative body
Date:
/ \
DOS-0239-f-l (Rev. 06/12)Page 4 of4
Adopted December 11, 2017
TOWN OF ITHACA
LOCAL LAW NO. 19 OF THE YEAR 2017
A LOCAL LAW AMENDING THE TOWN OF ITHACA CODE, CHAPTER 125 TITLED
“BUILDING CONSTRUCTION AND FIRE PREVENTION”,
TO ADD REQUIREMENTS FOR OPERATING PERMITS AND INSPECTIONS
FOR CERTAIN RESIDENTIAL RENTAL UNITS AND ACCESSORY DWELLING UNITS,
AND TO ADD PERMIT REQUIREMENTS UPON TRANSFER OF TITLE
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 125 (Building Construction and Fire Prevention) of the Town of
Ithaca Code, §125-8 titled “Operating permits” is amended as follows:
A. By adding a new subsection A(11) reading as follows:
“(11) All residential rental dwelling units and accessory dwelling units that are required to
have operating permits per Town of Ithaca Code Chapter 207 (Operating Permits for
Certain Residential Rental Units) or Town of Ithaca Code Chapter 270 (Zoning),
§270-219.6.B(2). Notwithstanding any provision to the contrary in this §125-8, the
occupancy of such units prior to an owner obtaining required operating permits shall
be governed by the applicable provisions of Chapter 207 (Operating Permits for
Certain Residential Rental Units) and §270-219.6.B(2).”
B. By adding the following sentence to the end of subsection E:
“Notwithstanding the foregoing, an operating permit for all residential rental dwelling units
and accessory dwelling units that are required to have operating permits per Town of Ithaca
Code Chapter 207 (Operating Permits for Certain Residential Rental Units) or §270-
219.6.B(2) shall be valid for a period of five years from its date of issuance, unless earlier
revoked or suspended.”
C. By adding a new Subsection H reading as follows:
“H. Transfer of title. An application for a new operating permit shall be required within sixty
(60) days after the transfer of title to the premises. Provided the application for a new
operating permit is timely, a property shall not be subject to an operating permit
inspection if it has passed inspection within one year before the application date.”
Section 2. Chapter 125 (Building Construction and Fire Prevention) of the Town of
Ithaca Code, §125-9 titled “Firesafety and property maintenance inspections” is amended by
deleting Subsection B and replacing it with a new Subsection B reading as follows:
Adopted December 11, 2017
“B. (1) The Code Enforcement Officer shall conduct firesafety and property maintenance
inspections of all multiple dwellings and all nonresidential occupancies at least once
every three years, except inspections shall occur at least once every year for all health
care facilities where more than 10 people normally sleep nightly (including hospitals,
nursing homes, infirmaries, and sanitariums), all child and adult day-care centers and
facilities, as defined in Chapter 270, Zoning, of the Code of the Town of Ithaca, and
all dormitory buildings, regardless of the number of sleeping accommodations.
(2) The Code Enforcement Officer shall conduct firesafety and property maintenance
inspections of all other residential rental dwelling units and accessory dwelling units
that require an operating permit at least once every five years.
(3) Such inspections may be made at any reasonable time. Upon completion of the
inspection, if the Code Enforcement Officer is satisfied that the buildings so inspected
are in compliance with the Uniform Code, Chapter 270, Zoning, and other laws of the
Town of Ithaca relating to the safety of buildings, the Code Enforcement Officer shall
issue an operating permit, where one is required by § 125-8, upon payment of the
applicable fees for the inspection and the permit. Inspections for all residential rental
dwelling units and accessory dwelling units that are required to have operating
permits per Town of Ithaca Code Chapter 207 (Operating Permits for Certain
Residential Rental Units) or Town of Ithaca Code Chapter 270 (Zoning), §270-
219.6.B(2) shall be conducted pursuant to the applicable procedures in Chapter 207 or
§270-219.6.B(2).”
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 filing with the New York
State Secretary of State.