November 13, 2000
Town Board Agenda
Southwest Oswego Community Center
Supervisor: Jack Tyrie Jr.
Town Board Members: Margaret Mahaney, Victoria Mullen,
Richard Pratt, Barbara Tierney
Call to order
2. Pledge of Allegiance
3. Roll call
4. Town Clerk's report
5. Town Supervisor's report
6. Public Comment
7. Unfinished Business
8. New Business
a. Resolution # __________. Motion to open public hearing on Proposed Local Law 3-2000. Moved by ___________. Seconded by __________.
b. Resolution # __________. Moved by ___________ Seconded by ________.
PROPOSED LOCAL LAW 3- 2000
Whereas current Town Law prohibits storage of unregistered vehicles in areas and on properties where such activity is not specifically authorized, and Whereas current Town Law provides for corrective action but does not provide penalties for infractions of the law, Therefore Be it enacted that the Oswego Town Board repeals Town Law 1-1993 and enacts the following:
1. Purpose. A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the Town of Oswego and the safeguarding of their material rights against unwarrantable invasion and in addition, such an environment is deemed essential to the maintenance and continued development of the economy of the Town of Oswego and the general welfare of its citizens. It is further declared that the accumulation of junk is a hazard to such health, safety and welfare of citizens of the Town of Oswego necessitating restraint and elimination thereof.
2. Definitions. As used in the context of this Local Law, the following terms shall have the meanings indicated:
a. REGISTRATION - Registration through a State Department of Motor Vehicles
b. MOTOR VEHICLE - Any vehicle propelled or drawn by power of a non-muscular nature and primarily intended for operation on any public road or right-of-way.
c. PREMISES - Real Property located wholly or partially within the boundaries of the municipality of the Town of Oswego, New York.
d. SALVAGED MATERIALS - Any building materials, appliances, fixtures, or any other object which was formerly a part of the structure or contents of any previously standing structure.
e. SCRAP MATERIALS - Any material which does not currently serve its original purpose and is not in use in fulfillment of a new purpose.
f. GARBAGE - Food waste or former packaging, including but not limited to uncomposted foodstuffs and biodegradable materials, and all other forms of packaging; appliances and recyclable materials which are mixed with food waste". 3 - Violations The existence of the following conditions shall constitute a violation of this Local Law:
A. Storage on premises of two or more ungaraged, unregistered vehicles, except where permitted by law, variance, or special permit:
B. Storage on premises of salvaged materials; or
C. Storage on premises of scrap materials, except where permitted by law, variance, or special permit; or
D. Accumulation of uncontained garbage for any period or any garbage for a period exceeding one month, except where permitted by law, variance, or special permit; or
E. Any condition within a residential neighborhood which creates an environment favorable to the breeding of vermin; or
F. Any condition which allows free access to premises and which as the result of any condition heretofore described, endangers the health or safety of residents of the Town of Oswego. 4 - Enforcement.
A. INVESTIGATION - The Town Constable(s) shall, upon knowledge of the existence of a possible violation as identified in Section 3 of this law, inform the Town Supervisor of an intent to investigate the allegation. The Town Constable(s) shall conduct an inspection of the premises. If said inspection requires the official to enter the premises, said official shall notify the owner of the premises in one of the following ways: i) Personal Service of a "Statement of Intent to Inspect" ii) "Service of a Statement of Intent to "Inspect" via registered mail. Following inspection, the Town Constable(s) shall present to the Supervisor a written report detailing the results of said inspection. Said report shall include the determination of the Town regarding the existence, or non-existence, or violation(s) of this law.
B. CITATION of VIOLATION - - In the case of a finding of violation(s), the Town Constable(s) shall take steps to cite the owner of the premises within forty-eight (48) hours of presentation of aforementioned report. Such citation shall be made through personal service, and shall consist of a letter notifying the property owner of : the existence of a violation; descriptions of the violation(s) and conditions which would constitute noncompliance with the law and the particular provisions thereof alleged to have been violated; notice of the time, date, and location of the Town Court Session when the owner of the premises is required to appear for the purpose of responding to the alleged violation(s) of this law. Such letter shall also serve as notice that continued violation shall constitute an additional infraction, and that each twenty-four (24) hour period thereafter shall constitute a separate infraction, should the property remain out of compliance with the law. 5 - Penalties Violation of this law shall be punishable by a fine of not less than $25.00, and not more than $50.00, per infraction.
C. Whereas the County-wide sales tax exists, and Whereas residents of the Town of Oswego pay sales tax on mail-order sales, deliveries of goods and services, and Whereas all of this sales tax should be credited as revenue collected in the Town of Oswego and Whereas significant portions of this revenue is currently recorded as in city revenue, Therefore be it resolved that the Oswego Town Board urges the County Administrator to take steps to immediately correct the accounting problems extant in the current method of sales tax calculations.
d. Resolution # _________. Be it resolved that the Oswego Town Board approved the temporary appointment of Jennifer Moon as Assistant Clerk in the Supervisors' office. Be it resolved that such appointment shall be at a rate of $8.50/hour, 20 hours/week. Be it further resolved that such appointment shall expire on December 31, 2000. Moved by Supervisor Tyrie. Seconded by _________.
e. Resolution # __________. Be it resolved that with great regret we accept the resignation of Richard Pitcher as Rural Cemetery Superintendent. Moved by ___________. Seconded by __________.
9. Public Comment