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November
13, 2000
Town Board Agenda
Southwest Oswego Community Center
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Supervisor:
Jack Tyrie Jr.
Town Board Members: Margaret Mahaney, Victoria
Mullen,
Richard Pratt, Barbara Tierney |
1.
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
10. Adjournment |
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