Town Board Meeting
Town Board Minutes 2023.05.18

Minutes

May 18, 2023 · 67 min read · extracted text · View original

Webster Town Board

May 18, 2023

A regular meeting of the Webster Town Board was called to order by Supervisor Flaherty at

7:30 p.m. at the Webster Town Board Meeting Room, 1002 Ridge Road, Webster, New York,

with the following officials present:

Supervisor ................................................................................ Thomas J. Flaherty

Councilman .............................................................................. William G. Abbott

Councilman .......................................................................................John J. Cahill

Councilwoman .......................................................................... Patricia T. Cataldi

Councilwoman ........................................................................... Ginny L. Nguyen

Town Attorney ........................................................................... Charles J. Genese

Town Clerk ........................................................................... Dorothy M. Maguire

Department Heads Present

Community Development Director......................................................Josh Artuso

Deputy Commissioner of Public Works-Sewer ................................... Art Petrone

Finance Director ................................................................................. Paul Adams

Highway Superintendent .................................................................... Pat Stephens

Supervisor Flaherty led the Pledge of Allegiance to the Flag.

***

Supervisor Flaherty announced that The Coca-Cola Company and their subsidiary, fairlife LLC,

is planning to build their northeast plant in Webster.

David Mann, Senior Director of Supply Chain Strategy at The Coca-Cola Company, appeared

before the Town Board. Also present were members of the Engineering Firm of Haskell

Architects and Engineers.

Mr. Mann stated that they were excited to be standing in front of the Town Board after their

announcement last week to build a new fairlife production facility in the Town of Webster off

Tebor Road. The company, fairlife LLC, was founded in 2012. The company designed a line of

products that are made through an ultra-filtered milk process that removes lactose and much of

the sugar and leaves behind more of the protein and calcium. The company offers a wide range

of products including fairlife ultra filtered milk, core power protein shakes and fairlife nutrition

plan meal replacement shakes. The Coca-Cola Company has been a strategic partner to fairlife

LLC since it was launched in 2012 and through the company’s acquisition in 2020. They

anticipate the planned fairlife facility in Webster will bring about two hundred fifty jobs to the

local area with the capital investment of about $650 million. The production facility is expected

to be about seven hundred forty-five thousand square feet, which includes the production

warehousing office space. Once fully operational the facility will source about five million

pounds of raw milk per day all from local farmers in the upstate New York area. They are very

appreciative of the Town and their partnership through the extensive multi-state site selection

search process. Webster was an ideal location due to the proximity to local farms, the workforce

experience in food and beverage production and engineering, and the available utility

infrastructure accessible to the property including the wastewater. They are excited to be putting

roots in Webster, to be part of the vibrant community and to invest in the continued growth of

the area and their business. They look forward to working with the Town alongside the residents

of Webster throughout the development process to ensure they remain good neighbors and

community partners.

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The Town Board was presented with a proposed Resolution to grant an Industrial Use Permit for

the new fairlife production facility.

Supervisor Flaherty asked the Community Development Director to provide an explanation of

what action the Town Board will be considering since this is the first formal action by either the

Town Board, Planning Board or Zoning Board pertaining to the Coca-Cola fairlife plant.

Josh Artuso, Community Development Director, explained that the Webster Town Code

requires, before the commencement of any use in the Town’s Industrial District, an Industrial

Use Permit by the Town Board. However, this is the first step of that process which is

essentially a referral of the project to go through the site plan review process with the Planning

and Zoning Boards. Upon going through that process, the project will be referred back to the

Town Board for ultimate granting of an Industrial Use Permit.

The Town Board considered the following Resolution.

Resolution No. 178: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to

refer to the Planning Board an application for the granting of an Industrial Use Permit to fairlife,

LLC, a subsidiary of The Coca-Cola Company.

WHEREAS, 239 RT 104 LLC own lands commonly known as Tax Account Numbers

066.03-1-28.111, 066.03-1-28.113, and 066.03-1-18.11, and Burrough Bros Inc. owns lands

known as 066.03-1-20.1, and ERK Properties LLC owns lands known as 066.03-1-27.214, all of

which lands are located on Tebor Road in the Town of Webster, comprising a total of 106.00+

acres, upon which it is proposed to construct, inter alia, an approximate 745,000 square foot milk

processing facility, warehouse and support services buildings; and

WHEREAS, fairlife, LLC a subsidiary of The Coca-Cola Company, proposes to develop the

aforementioned lands by constructing an approximate 745,000 square foot milk processing area,

warehouse, support services buildings, 121 trailer parking spaces, 202 auto parking spaces, a

secured auto entrance, and secured truck entrance and various utility and stormwater

management improvements; and

WHEREAS, the lands are in an I-N Industrial District; and

WHEREAS, pursuant to Webster Town Code, Section 350-22-A, the uses are permitted uses in

an I-N Industrial District; and

WHEREAS, pursuant to Webster Town Code, Section 350-22-D(1), an Industrial Use Permit is

required before the commencement of any use in an Industrial District; and

WHEREAS, the Concept Plan and application have been received by the Town Board; and

WHEREAS, Webster Town Code, Section 350-22-D requires referral of applications for

Industrial Use Permits to the Town Planning Board; and

WHEREAS, Webster Town Code Section 350-22-E, requires site plan approval by the Planning

Board under Webster Town Code Chapter 269; and

WHEREAS, an Environmental Assessment Form has been received and reviewed by the Town

Board:

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NOW, THEREFORE, BE IT RESOLVED:

1. That the application, together with all supporting documents be referred to the Town of

Webster Planning Board for its review and recommendation.

2. That the Planning Board as soon as practicable, after completion of site plan review

procedure under Webster Town Code Chapter 269, shall submit a report of its findings with

its recommendation for approval, conditional approval or disapproval of an Industrial Use

Permit to the Town Board.

3. That the Town Board consents to any request of the Planning Board that the Town Board be

designated as the lead agency for coordinated review procedures for the proposed action

under the New York State Environmental Quality Review Act.

Vote on motion:

Supervisor Flaherty .............Aye

Councilman Abbott .......... Aye

Councilman Cahill ..............Aye

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen ......Aye

Motion carried .................. 5-0

***

Supervisor Flaherty announced a Public Hearing to consider an addition to the Consolidated

Sanitary Sewer District, specifically the Woodard Road Extension.

At 7:41 p.m. Supervisor Flaherty opened the Public Hearing.

With no comments being received, the Public Hearing was closed at 7:41 p.m.

***

The Town Board considered the following proposed Resolution.

Resolution No. 179: MOTION by Councilwoman Cataldi, seconded by Councilwoman

Nguyen, to approve an addition to the Consolidated Sanitary Sewer District, specifically the

Woodard Road Extension.

WHEREAS, Paul & Helen Sleeman, Papis Convenient, Inc, Andrew & Kara Foote, Jeremy &

Mary Beth Covert, Alex & Stacy Szabo, Christopher Anschutz & Heather Horvath, the owners

of certain parcels of land in an affected portion of Woodard Road in the Town of Webster,

known as 1673, 1680, 1681, 1683, 1690, 1704 Woodard Road are desirous of extending

sanitary sewer to their property, such parcels also identified as Tax ID Number 051.03-1-3.1,

050.02-1-30.1, 051.03-1-4, 051.03-1-6, 050.02-1-30.2, 050.02-1-29; and

WHEREAS, total costs for this extension to the existing sewer district is estimated not to exceed

One Hundred Thirty-Six Thousand Seven Hundred Fifty Dollars ($136,750.00); and

WHEREAS, once these parcels are added to the district it will also be added to the Consolidated

Sanitary Sewer District and will be charged a capital fee (currently $58.44 annually), and once

connected an operation and maintenance fee (currently $173.53 annually). A one-time entrance

fee (currently $1,000.00) will be charged at the time of connection; and

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WHEREAS, the owners of the affected parcels to be added will grant easements to the Town of

Webster for the construction of said sanitary sewer improvements, which easements will be

recorded and shown on a map to be prepared for the Town of Webster Consolidated Sanitary

Sewer District; and

WHEREAS, the total estimated cost of adding these parcels to the Consolidated Sanitary Sewer

District will be paid for by the residents whose property will be benefitted thereby; and

WHEREAS, if approved, the addition of this parcel and residence to the Woodard Road

Extension to the Consolidated Sanitary Sewer District will result in the revision of the map, plan

and report of that Extension and District; and

WHEREAS, it is both in the public interest and required by law that a Public Hearing be held

to consider the proposed additions of these parcels and residences to the Woodard Road

Extension of the Consolidated Sanitary Sewer District; and

WHEREAS, a Notice of Public Hearing was published in the Webster Herald on May 3, 2023,

posted on the Town’s Website and on the Town Clerk’s Bulletin Board at 1000 Ridge Road,

Webster, New York; and

WHEREAS, the Public Hearing on the addition of these parcels and residences to the Woodard

Road Extension to the Consolidated Sanitary Sewer District was held by the Webster Town

Board on May 18, 2023 at 7:30 p.m., and all interested persons having had an opportunity to be

heard at the Public Hearing; and

WHEREAS, a short form Environmental Assessment Form (EAF) for the proposed action has

been prepared, and has been submitted to the Town Board and reviewed by the Town Board:

NOW, THEREFORE, BE IT RESOLVED:

1. The Town Board of the Town of Webster does hereby authorize and approve the construction

of certain sewer improvements along a portion of Woodard Road in the Town of Webster,

servicing the above parcels and residences located on Woodard Road in the Town of

Webster.

2. The maximum estimated total costs for this extension to the existing sewer district is

estimated not to exceed One Hundred Thirty-Six Thousand Seven Hundred Fifty Dollars

($136,750.00).

3. The maximum amount to be financed by the issuance of bonds pursuant to the Local Finance

Law shall be One Hundred Thirty-Six Thousand Seven Hundred Fifty Dollars ($136,750.00).

4. The maximum annual cost of the improvements to each of the affected parcels and properties

is estimated to be One Thousand Forty-One Dollars and Sixteen Cents ($1,041.16).

5. The estimated cost for each of these parcels will be a capital fee (currently $58.44 annually),

and once connected an operation and maintenance fee (currently $173.53). A one-time

entrance fee (currently $1,000.00) will be charged at the time of connection.

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6. The Town Board is hereby authorized and directed to obtain definite plans and specifications

and, with the assistance of counsel as required by Town Law, to enter into any contract or

contracts needed for such improvements, provided the price of such contract or contracts in

the aggregate does not exceed the maximum costs estimated above.

7. Any costs of publication and recording of any documents, including easements, necessary to

affect these additions will be paid by and/or reimbursed to the Town by the property owners.

8. The Town Board hereby determines that based upon the information in the Environmental

Assessment Form and other available information, the proposed project will not have a

significant effect on the environment within the meaning of SEQRA and does not require the

preparation of an environmental impact statement.

Vote on motion:

Supervisor Flaherty .............Aye

Councilman Abbott .......... Aye

Councilman Cahill ..............Aye

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen ......Aye

Motion carried .................. 5-0

***

The meeting was open to the floor.

Several Webster Residents spoke in regard to the Town Board’s consideration of taking the

pledge to register with the New York State Department of Environmental Conservation as a

Climate Smart Community. In favor were Jon Randall, Jacqueline Lense and Steve Gaudioso.

Not in favor were Jen Fonseca, Michele Anderson, Greg Cummings, Rick Storace, David

Bancoro and Robert Schlegel. Penfield resident Brenda Lincoln also spoke and was not in favor.

The following people spoke regarding operational matters at Northeast Quadrant Advanced Life

Support (NEQALS), the recent failed New York State Department of Health field inspection of

two of their ambulances and the funding of the organization.

Matt Lloyd, NEQALS Deputy Chief of Operations, stated he is responsible for ensuring that they

are properly staffed and equipped to provide emergency medical service coverage to the Town of

Webster. They have five lieutenants reporting directly to him and are responsible for community

education, vehicle maintenance, supplies, vehicle checks and quality assurance. As soon as they

knew the results of the field inspection of their ambulances, a corrective action plan was

immediately established and executed, and they thoroughly went through three of their

remaining vehicles. They ensured the ambulances were up to par and were replaced immediately

into service within a few hours. Mr. Lloyd also addressed the matter of misinformation and

attacks coming from former employees.

Nate Hinman, NEQALS, Lieutenant, spoke on the recent vehicle inspection, the perceptions of

leadership within the organization and the overall culture at NEQALS.

Sue Garbacik, NEQALS, Office Manager, spoke on behalf of two Emergency Medical

Technician (EMT) employees unable to be present and shared their experience and pleasure

working for the organization. They both asked the Town Board to support the organization.

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Liam Hill, NEQALS EMT, shared why he feels NEQALS is an essential part of the Webster

community and why it should continue to be supported. He asked the Town Board to continue to

support the agency in the future as they have done in the past.

Michael Pope, NEQALS Board Vice President, stated he was speaking on behalf of the

NEQALS Board of Directors and their fifty EMTs and paramedics. Two weeks ago, Town

Supervisor, Councilman Cahill and Attorney Genese met with the NEQALS Board and

presented several short-term and long-term funding options. They have reviewed those options

and presented their proposal to Supervisor Flaherty. He stated the Town Board has proudly

talked about EMS in Webster and how it owns the Certificate of Need (CON). The Webster

EMS CON was obtained by former Town Supervisor Nesbitt, Town Attorney Genese and

NEQALS CEO, Ahmed Mustafa. Many hours were spent laying out the groundwork for the

CON. Former Supervisor Nesbitt stood with NEQALS and helped develop and supported

Webster EMS. The members of NEQALS are confused as to why the former Supervisor no

longer supports the organization. He continues to supply false or misleading information against

NEQALS members on social media platforms. They do not understand why he would bash and

harass an amazing entity that he so proudly built. NEQALS’ management of finances has been

questioned by the former Supervisor as well as members of the Town Board. NEQALS has had

outside financial audits for three consecutive years, and the results have not indicated any

concerns. The current EMS reimbursement model, which relies solely on third party billing, can

no longer sustain any EMS agency. NEQALS is asking for meaningful funding from the Town

to close the funding gap and allow them to invest in much needed equipment and supplies.

NEQALS looks forward to the Town’s support in ensuring EMS in Webster is provided by a

Webster based EMS agency.

Supervisor Flaherty announced that next Thursday, May 25, 2023 at 5:30 p.m. there will be a

presentation on nine months of due diligence on ambulance coverage in Webster with short-term

and long-term options being provided. By June 30th the Town Board will make a decision.

Ronald Nesbitt, Webster resident and former Town Supervisor, stated he respects NEQALS

employees, and he feels the issues at their facility are management issues. The information he

receives is obtained through Freedom of Information requests submitted to the Town of Webster,

Monroe County and the Department of Health. He also obtains information from informed

people in the ambulance industry, not former employees. He is concerned with the recent

NEQALS ambulance inspection report performed by NYSDOH and that it was not made public

to the Webster community. He feels there should have been an inspection policy already in

place before the ambulances were utilized. He also feels it is time for a new NEQALS Chief

Operating Officer, Board of Trustees and a new updated contract that lays out the do’s and

don’ts expected from an ambulance organization along with metrics showing what the Town of

Webster will receive. In addition, he feels the Town Board should seek proposals for a new

ambulance service. He is not in favor of an ambulance tax district.

George Glessner, NEQALS Board Member, stated that management takes full responsibility for

their two ambulances failing inspection. The issues have been corrected and steps have been

taken to prevent them from happening again. He acknowledged that they have ambulances that

are old and not as nice as other EMS services. He feels their organization needs enough funding

to be able to purchase a new ambulance as they can only afford to buy used vehicles. Years ago,

third party billing made a difference but no longer. Healthcare right now is in dire straits and

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their costs have substantially grown. NEQALS is asking for the Town of Webster to work with

the service that has been here for thirty-five years providing for the lives of the people of

Webster. They want to do what is best for the citizens, that is their goal, belief and promise.

***

Resolution No. 180: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to

approve the May 4, 2023 Town Board Workshop Minutes as submitted by the Town Clerk.

Vote on motion:

Supervisor Flaherty .............Aye

Councilman Abbott .......... Aye

Councilman Cahill ..............Aye

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen ......Aye

Motion carried .................. 5-0

***

Resolution No. 181: MOTION by Councilwoman Cataldi, seconded by Councilman Abbott, to

approve the bills as submitted in Warrant #0523A by the Director of Finance.

Fund

General (A,B) CL #6455-6631

Highway (C,D)

Sewer (G)

Library (L)

Drainage Districts (M)

Parkland (E)

Water Districts (R/SW)

Sewer Districts (J)

Trust & Agency (T/A,TP,XM,XD)

Capital Projects (H) #51-60

H213 SB Waterfront Park Design

H220 WWTP Improvement

H223 Lake Rd WE Drain MO.56

H224 Sandbar Shore Protect MO.59

H226 Lake Rd Pump Station MO.65

H230 Sandbar Flood Wall MO.78

H232 Highway Garage Building

TOTAL

Vote on motion:

Supervisor Flaherty .............Aye

Councilman Cahill ..............Aye

Councilwoman Nguyen ......Aye

Inside

103,972.50

37,065.60

30,920.33

77,063.05

2,145.86

0.00

0.00

0.00

0.00

Outside

397,278.62

1,045.85

53,476.48

978.67

0.00

61,554.75

5,312.25

26,870.50

282,887.43

Total

501,251.12

38,111.45

84,396.81

78,041.72

2,145.86

61,554.75

5,312.25

26,870.50

282,887.43

9,771.37

0.00

15,701.56

10,507.22

235,581.00

3,893.57

10,949.45

537,571.51

0.00

22,773.57

0.00

0.00

0.00

0.00

0.00

852,178.12

9,771.37

22,773.57

15,701.56

10,507.22

235,581.00

3,893.57

10,949.45

1,389,749.63

Councilman Abbott .......... Aye

Councilwoman Cataldi ..... Aye

Motion carried .................. 5-0

***

Resolution No. 182: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to

approve the prepaid vouchers included in Warrant #0523A by the Director of Finance in the

amount of $852,178.12. [Included in the summary of vouchers approved in Resolution #181]

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Vote on motion:

Supervisor Flaherty .............Aye

Councilman Cahill ..............Aye

Councilwoman Nguyen ......Aye

Councilman Abbott .......... Aye

Councilwoman Cataldi ..... Aye

Motion carried .................. 5-0

***

Resolution No. 183: MOTION by Supervisor Flaherty, seconded by Councilman Abbott, to

approve purchase orders as submitted by the Director of Finance.

Vote on motion:

Supervisor Flaherty .............Aye

Councilman Abbott .......... Aye

Councilman Cahill ..............Aye

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen ......Aye

Motion carried .................. 5-0

***

Resolution No. 184: MOTION by Supervisor Flaherty, seconded by Councilman Abbott, to

schedule a Public Hearing to consider enacting a Local Law adding a new chapter to the Code of

the Town of Webster, to be known as the Property Maintenance Code.

WHEREAS, the Town Board has the authority pursuant to Articles 2 and 3 of the New York

State Municipal Home Rule Law and § 64 of the New York State Town Law to adopt and amend

local laws, consistent with the New York State Constitution and General State Laws, in relation

to the property, affairs and government of the Town; and

WHEREAS, the Town Board has the authority pursuant to Articles 4 of the New York State

Town Law to regulate the use of land within the Town of Webster, and to generally promote the

health, safety, morals, or general welfare of the community; and

WHEREAS, the Town Board from time to time must, of necessity, common sense, and in the

interest of its constituents and the residents of the Town of Webster, review the laws pertaining to

uses, building and structures permitted within residential districts within the Town; and

WHEREAS, it is both in the public interest and required by law that a Public Hearing be held to

consider this new proposed additional Chapter to the Code of the Town of Webster:

NOW, THEREFORE, BE IT RESOLVED:

1. That a Public Hearing shall be scheduled and conducted at a regular meeting of the Town

Board of the Town of Webster to be held at the Town Board Meeting Room, 1002 Ridge

Road, in the Town of Webster on Thursday, June 1, 2023, at 7:30 p.m., to consider a Local

Law adding a new Chapter to the Code of the Town of Webster in regard to, among other

things, the maintenance, structure, construction, fire prevention, to effect the safety and

health and habitability of the properties located within the Town of Webster, to be known as

the “Property Maintenance Code”.

2. Such Local Law will be designated as:

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LOCAL LAW NO. 1 OF 2023

BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF WEBSTER AS FOLLOWS:

Chapter 243

PROPERTY MAINTENANCE

Article 1 General Provisions

§ 243-1. Title.

This chapter shall be known and cited as the "Town of Webster Property Maintenance Code" and

will be referred to herein as "this chapter".

§ 243-2. Purpose.

The purpose of this chapter is to prevent the gradual encroachment of blight, deterioration,

unsightliness and property devaluation and to assure that all premises within the Town of

Webster are maintained in a manner that, in the discretion of the Director of Community

Planning and Development or his/her representative, will assure the safety, health, and welfare of

the general public.

§ 243-3. Definitions.

BUILDING INSPECTOR

The Town officer appointed by the Town Board to be in charge of

the Office of the Building Inspector of the Town of Webster in the County of Monroe and State

of New York designated by the Town Board to enforce Chapter 119, Building Construction,

Chapter 165, Fire Prevention, and Chapter 350, Zoning, and such other similar and related

ordinances and local laws as may be determined by the Town Board.

CARPORT

A temporary freestanding covered structure used to offer limited protection to the

items stored within. Most commonly used to store vehicles.

CODE COMPLIANCE COORDINATOR

The Town officer appointed by the Town Board to

be in charge of the Office of Code Compliance of the Town of Webster in the County of Monroe

and State of New York designated by the Town Board to enforce Chapter 119, Building

Construction, Chapter 243 Property Maintenance, and Chapter 350, Zoning, and such other

similar and related state and local ordinances and laws as may be determined by the Town

Board.

CODE ENFORCEMENT OFFICIAL

The officer or employee designated by appropriate

authority to be in charge of and responsible for the enforcement of the provisions of a local law,

ordinance or parts thereof for which he or she is so designated, including the Town of Webster

Code Compliance Coordinator, Code Enforcement Officer, Building Inspector, Assistant

Building Inspector, Fire Marshal, and Deputy Fire Marshal.

COURTYARD

An open space surrounded by buildings, sometimes privately owned or a part

of public property.

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DEPARTMENT OF COMMUNITY PLANNING AND DEVELOPMENT - The department

consisting of, but not limited to, the Office of the Fire Marshal, the Office of the Building

Inspector, the Office of Code Compliance, and the Division of Planning and Zoning, headed by

the Director.

DEPARTMENT OF STATE

The Department of State of the State of New York.

DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT - The Town officer who

is chief executive officer of the Department of Community Planning Development of the Town

of Webster in the County of Monroe and State of New York.

FIRE DEPARTMENT

Any of the fire companies under contract to render services in the Town

of Webster, in the County of Monroe, and State of New York.

FIRE MARSHAL

A Town official designating to be in charge of the Office of the Fire Marshal

of the Town of Webster in the County of Monroe and State of New York, designated by the

Town Board to enforce jointly with the Town’s other employed Code Enforcement Officials,

Chapter 165, Fire Prevention, and such other similar and related ordinances and local laws as

may be determined by the Town Board.

SECRETARY OF STATE

The Secretary of State of the State of New York.

TEMPORARY SHED

A structure which is not permanently secured to the ground and is no

larger than 200 sq/ft. Commonly constructed of plastic, fabric, or a combination of both.

Commonly used for storing residential lawn equipment and household items.

TEMPORARY FENCE

A fence constructed of materials not commonly used in the

construction of a fence that would require a Building Permit by the Town of Webster. Fencing

such as, but not limited to, snow fencing, screen fencing, netting, chicken wire, and silt screen

are examples of temporary fencing.

UNIFORM CODE

The New York State Uniform Fire Prevention and Building Code, as

currently in effect and as hereafter amended from time to time, including the Building Code of

New York State, the Residential Code of New York State, the Fire Code of New York State, the

Plumbing Code of New York State, the Mechanical Code of New York State, the Fuel Gas Code

of New York State, and the Property Maintenance Code of New York State. "Uniform Code"

shall also include the New York State Energy Conservation Construction Code, as currently in

effect and as hereafter amended from time to time.

NOTICE AND ORDER

An order issued by a Code Enforcement Official pursuant to § 243-7

of this article. The Town of Webster Notice and Order fulfills the order to remedy as defined by

and referenced in Executive Law § 382 of New York State.

YARD

An open space on the same lot with a main building and unoccupied except for those

structures specifically permitted.

YARD TRIMMINGS

Discarded grass clippings, sticks, branches, or mulch.

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§ 243-4. Scope; applicability.

A. The provisions of this chapter shall apply to all buildings and premises within the Town of

Webster as follows:

(1) Lots, plots or parcels of land which are vacant, or upon which are occupied or vacant

buildings or portions of buildings.

(2) Buildings intended for residential use or occupancy, including one- and two-family

dwellings and multiple dwellings, mixed-occupancy buildings and accessory structures.

(3) Buildings intended for use as commercial, industrial, institutional or storage, and related

accessory structures.

(4) Any and all buildings or parcels which are under construction or demolition, including

buildings not completed, to the extent that a nuisance or practice exists, or is being

carried out, which, in the opinion of the Code Enforcement Official, is a disturbance to

the public health, safety or welfare.

B. Public land owned or under the control of local, state or federal governments or their political

subdivisions is exempt from the provisions of this chapter.

§ 243-5 Construal of provisions.

A. The provisions of this chapter shall supplement state and local laws, ordinances, codes and

regulations. Where a provision of this chapter is found to be in conflict with any provision of

a state law, local law, ordinance, code or regulation, the provision which is more restrictive,

or which establishes the higher standard shall prevail when legally permissible.

B. Nothing in this chapter shall be deemed to abolish or impair existing ordinances or remedies

of the Town of Webster or its officers or agencies relating to the repair, removal or

demolition of any building deemed to be dangerous, unsafe or unsanitary.

C. For reference purposes, this chapter includes sections of and references Chapter 350, Zoning,

of the Code of the Town of Webster, codes of the Town of Webster and to the New York

State “Uniform Code”. References to local or state laws, ordinances, codes, rules or

regulations or sections thereof shall be construed to include the addendum "as from time to

time amended". Any sections of this chapter which are contained in any laws, codes or

ordinances having provision for variances and appeals shall not prohibit the seeking of

variances and appeals under such laws, codes or ordinances.

D. All words in this chapter which are not hereinafter defined shall carry the meanings set forth

in the laws referred, and if no such definition exists, the meaning shall be derived from the

customary use of the English language. If a dispute should arise, the Director of Community

Planning and Development or his/her representative shall be responsible for determining

which specific meaning is appropriate for a word which has more than one meaning and

which is not defined in this chapter.

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§ 243-6 Adoption of standards.

There is hereby adopted by the Town of Webster, Monroe County, New York, for the purpose of

prescribing regulations governing general property maintenance, and conditions hazardous to life

and property from fire, explosion or other cause, the regulations and standards as set forth in the

New York State Uniform Fire Prevention and Building Code (henceforth referred to as the

"Uniform Code").

Article II Regulatory Provisions

§ 243-7 Exterior Property Maintenance.

A. Exterior property areas.

(1) Surface and subsurface water shall be appropriately drained to protect buildings and

structures and to prevent ponding (as required by the New York State Uniform Code).

(2) Fences, walls and other minor constructions shall be maintained in safe, good and

substantial condition (as required by the New York State Uniform Code). Fences must

be constructed in a workmanlike manner using generally accepted standard fencing

materials, in the opinion of the Code Enforcement Official.

(3) Temporary fencing shall not delineate the boundary lines of any property, nor shall they

be any closer than three feet from any one boundary line. Temporary fencing may only

be erected from October 1st of one calendar year, to February 1st of the following calendar

year.

(4) Steps, walks, driveways, parking spaces and similar paved areas shall be maintained to

afford safe and convenient passages (as required by the New York State Uniform Code).

All hazards, including but not limited to holes, deep ruts, cracking or buckling of service

walks, driveways and parking lots, shall be repaired or removed.

(5) Yards, court yards, and vacant areas shall be kept clean and free of hazards (as required

by the New York State Uniform Fire Prevention and Building Code).

(6) Ground cover shall be properly established to prevent undue soil erosion, due to the

elements (as required by the New York State Uniform Fire Prevention and Building

Code).

(7) Heavy undergrowth and accumulations of plant growth which are noxious or detrimental

to health or safety shall be eliminated (as required by the New York State Uniform

Code). Except for farms, all grass, weeds, trees, or other plant growth shall be cut or

trimmed to avoid the development of places for the accumulation of blowing trash,

dumping, rodent harborages, infestation, criminal activity or places which constitute a

blighting or unsightly influence on the neighborhood. In addition, thereto, in order to

provide for the proper use of land and to prevent unhealthy, hazardous or dangerous

conditions due to the accumulation of brush, grass, rubbish or weeds or growth of

poisonous shrubs or weeds and to protect the public health, safety and general welfare of

the residents of this Town, all owners or occupants of property must remove such dangers

to health, life and property. All owners and/or occupants of land are required to cut, trim

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or remove brush, grass, rubbish or weeds, or to spray with herbicides, cut, trim, remove

or destroy poisonous shrubs or weeds, when ordered to do so by notice from the Town of

Webster. Brush, grass or weeds in excess of ten inches in height on any property shall be

deemed to be unhealthy, hazardous, and a dangerous condition.

(8) Exterior doors, windows, skylights and similar openings shall be maintained weathertight

(as required by the New York State Uniform Code).

(9) Exterior stairs, porches, entrance platforms, fire escapes and the railings thereon shall be

maintained in a safe and sound condition (as required by the New York State Uniform

Code).

(10) Roofs shall be maintained in a watertight condition (as required by the New York State

Uniform Code). Tarping of roofs for a period in excess of 30 continuous days shall be

deemed a violation of this section.

(11) Exterior surfaces shall be maintained in good condition. Surfaces not inherently resistant

to deterioration shall be treated with a protective coating of paint or other suitable

preservative (as required by the New York State Uniform Code). Exterior siding shall be

of generally accepted standard materials, in the opinion of the Code Enforcement

Official, and shall be properly maintained so as to remain affixed to the structure and

protected from weather-related deterioration.

(12) Railings shall be provided at open sides of balconies, mezzanines, porches, decks,

accessible roofs, ramps, stairways and around floor openings (as required by the New

York State Uniform Code).

(13) Dust, site drainage or any other condition which may create a nuisance to the public must

be controlled during construction and at all times.

(14) All elements and stipulations of an approved site plan must be complied with, installed

and maintained.

(15) Required handicapped parking spaces, signs or markings must be maintained and remain

unobstructed and accessible in accordance with the New York State Uniform Code and

any referenced standards. All handicapped parking spaces shall be independently

indicated by permanent signs installed in accordance with aforementioned standards.

(16) All swimming pools, both in-ground and aboveground, shall be continuously maintained

so as to avoid stagnant unhealthy water accumulation, and shall be continuously secured

so as to preclude the creation of an attractive nuisance.

(17) Carports, greenhouses, tents, temporary sheds, or similar structures erected in any yard,

court, parking lot, or similar area within the Town of Webster for more than ten days

shall meet the New York State wind and snow loads, as well as all applicable zoning

setback and dimensional regulations. It shall be the responsibility of the property owner

to show that such standards and regulations are met.

(18) Parking is prohibited in the front yard of any lot in any residential district, except that

parking is permitted on the driveway serving the property.

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a. Vehicles parked in the front yard of a lot within a residential district due to active

driveway maintenance or construction are exempt.

(19) A lot in a residential district without a principal structure shall not be used for parking or

storage of vehicles, machinery, or similar equipment.

(20) Outdoor Lighting.

a. Exterior artificial lighting shall be maintained in operating condition. (as required by

the New York State Uniform Code).

b. All outdoor lighting fixtures shall be equipped and used in a manner which causes all

of the luminous flux from said fixtures to fall upon the surface of the structure or

ground which is intended to be illuminated (as required by Chapter 222, Outdoor

Lighting, of the Code of the Town of Webster).

B. Garbage and refuse.

(1) Storage of refuse.

a. In accordance with Chapter 281 Solid Waste Management, no person shall

accumulate or permit the accumulation of refuse upon any premises owned or

occupied by him/her except for the purpose of collection, which shall normally occur

at intervals not less frequent than once every seven days, except for holidays,

Sundays, vacations or extraordinary weather, or except where caused by or arising out

of the construction or remodeling of a dwelling or other building on the premises or

incidental to the landscaping of said premises or customary agricultural operations

thereon, in which cases due care shall be taken that such accumulation shall not create

an unsightly appearance or unreasonably disturb the comfort and repose of the

neighborhood and shall be removed within a reasonable time or immediately upon

completion of the work causing such accumulation.

b. The determination of violations related to this provision shall be in the sole discretion

of the Code Enforcement Official (as required by Chapter 281, Solid Waste

Management, of the Code of the Town of Webster).

(2) No person shall throw or deposit or cause to be thrown or deposited any refuse,

hazardous waste or recyclable materials in or upon any portion of a public right-of-way,

street or place or on any property not owned or occupied by him/her, or in any refuse

container not owned, leased or rented by him/her within the Town of Webster.

(3) Preparation of leaves for collection.

In the fall, leaves may be collected by the Town. All leaves must be stored outside of

Town gutters and roadways. Leaves stored in yard waste bags, wheelbarrows, lawn carts,

fifty-five-gallon drums, fiber barrels and waste baskets shall not be collected by the

Town. All leaves must not be mixed with other yard trimmings or refuse materials set

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out for collection. Town leaf collection may begin in the month of October each year and

may end in the month of December each year at the discretion of the Highway

Superintendent.

(4) Preparation of bulky refuse.

a. Appliances and bulk refuse shall be dismantled in such a way so as not to pose a

threat to public health and safety. For example, refrigerator doors must be removed

from their hinges. (“Bulk refuse” as defined by Chapter 281, Solid Waste

Management, of the Code of the Town of Webster).

b. Such bulk refuse is to be placed at the curb in an area no larger than five feet by five

feet square by three feet high, or an equivalent volume. Amounts in excess of this

quantity will require special collection arrangements to be made by the person.

(“Bulk refuse” as defined by Chapter 281, Solid Waste Management, of the Code of

the Town of Webster).

(5) Preparation of garbage/refuse.

a. Garbage/Refuse shall be stored in proper containers. Such receptacles shall be a

container of sufficient capacity, and said container shall have handles, a tight-fitting

cover and shall be watertight. All such receptacles shall be securely closed at all

times. Wheelbarrows, lawn carts, fifty-five-gallon drums, fiber barrels and

wastebaskets are not considered suitable containers for collection of garbage/refuse

(as required by Chapter 281, Solid Waste Management, of the Code of the Town of

Webster).

b. Except for one-family or two-family residential uses, refuse containers shall be stored

either inside of a building or within an enclosure which screens said containers from

public view. Such enclosure must screen containers from public view on no fewer

than three sides and shall have operable swing gates to provide refuse collectors

access to said containers.

(6) Storage of junk.

a. The outdoor storage or maintenance of junk shall not be permitted on any lot in any

district.

b. Definition of junk. As used in this section, the term "junk" shall mean any

manufactured good, appliance, fixture, furniture, machinery, motor vehicle,

recreational vehicle, trailer or similar object which is abandoned, demolished,

discarded, dismantled or so worn, deteriorated or in such a condition that is not

readably useable for its intended purpose. This definition shall include but shall not

be limited to scrap metal, scrap material, waste bottles, cans, paper, rubble, boxes,

crates, rags, used construction materials, motor vehicle parts and used tires.

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§ 243-8 Interior Property Maintenance.

A. Structural members shall be protected and maintained to resist and prevent deterioration (as

required by the New York State Uniform Code).

B. Ceilings, walls, floors and stairways shall be maintained in a safe and sound condition (as

required by the New York State Uniform Code).

C. Habitable Spaces.

(1) It shall be prohibited to use for sleeping purposes any kitchen or non-habitable space. It

shall be prohibited to use any basement space as habitable space unless the basement

meets all egress requirements set forth by the New York State Uniform Code. The

definitions of "habitable space", "kitchen", and "basement" are those definitions found in

the New York State Uniform Code.

(2) Habitable space shall have natural light provided by means of one or more windows,

skylights, transparent or translucent panels, or any combination thereof, that face directly

on open space (as required by the New York State Uniform Code).

(3) Habitable space shall have natural ventilation provided by means of openable parts of

windows or other openings in exterior walls that face directly on open space, or through

openable parts of skylights (as required by the New York State Uniform Fire Prevention

and Building Code).

D. Electrical light.

(1) Stairs serving occupied and habitable space shall be provided with electric light to allow

safe ascent and descent.

(2) Habitable space shall be provided with electric light appropriate for the intended use (as

required by the New York State Uniform Code).

E. Toilet Rooms.

(1) Toilet rooms and bathrooms shall be provided with natural or mechanical ventilation and

light.

(2) Toilet room, bathroom, and laundry room floors shall be maintained in a watertight

condition (as required by the New York State Uniform Code).

(3) Toilet rooms and bathrooms shall be arranged to provide privacy (as required by the New

York State Uniform Code).

F. Heating equipment and chimneys

(1) Heating equipment for residential habitable space shall be maintained so as to provide an

indoor temperature of 68º F, measured at a distance of two feet and more from exterior

walls and at a level of five feet above the floor.

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(2) Chimneys, smokestacks, flues, gas vents, smoke pipes and connectors shall be

maintained structurally safe and smoke-tight, so as to safely convey the products of

combustion to the outer air (as required by the New York State Uniform Code).

(3) Heating equipment shall be maintained in good condition, in order to provide adequate

and safe heat to occupied spaces, in the opinion of the Building Inspector.

(4) Gas heating equipment shall have a shutoff valve provided at or near the source of

supply.

(5) Fuel gas piping systems shall be maintained gastight, safe and operative under conditions

of use (as required by the New York State Uniform Code).

(6) Fuel oil.

a. Fuel oil shall be stored and conveyed by means of fixed liquid-tight equipment (as

required by the New York State Uniform Code).

b. Tanks subject to damage by vehicles shall be protected against such damage (as

required by the New York State Uniform Code).

c. Tanks shall be maintained so as not to be a hazard to the premises served (as required

by the New York State Uniform Fire Prevention and Building Code).

d. Abandoned underground residential heating oil tanks under 1,100 gallons shall be

removed or closed on site by first removing the existing petroleum product and filling

with a solid, inert material, using good engineering practice. Acceptable inert

materials for closing a tank in place include sand and concrete slurry. These tanks

shall be made safe by draining the connecting lines, disconnecting the suction inlet,

gauge and vent lines and capping the remaining piping.

G. Cooking and refrigeration.

(1) There shall be provided within each dwelling unit approved-type cooking and approvedtype refrigeration equipment located in a kitchen or kitchenette (as required by the New

York State Uniform Code).

(2) Electrical cooking and refrigeration equipment shall be properly connected to the

electrical system (as required by the New York State Uniform Code).

(3) Gas-burning cooking and refrigeration equipment shall be connected to the gas supply

system with pipe or tubing of solid metal or approved appliance connectors (as required

by the New York State Uniform Code).

(4) Cooking and refrigeration equipment shall be maintained in good operating condition (as

required by the New York State Uniform Code).

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H. Plumbing maintenance.

(1) General plumbing systems shall be maintained in good, safe, sanitary and serviceable

condition (as required by the New York State Uniform Fire Prevention and Building

Code).

(2) Water supply.

a. Potable water from an approved source shall be available at all times. The domestic

water supply system of the building shall be connected to such approved source, shall

not be subject to contamination and shall not be connected to unsafe water supplies

(as required by the New York State Uniform Code).

b. Water supply systems shall be maintained to provide at all times a supply of water to

plumbing fixtures, devices and appurtenances in sufficient volume and at pressures

adequate to enable them to function satisfactorily (as required by the New York State

Uniform Code).

c. Backflow prevention devices required by the Town of Webster or other regulatory

agencies, laws, rules or regulations must be installed and maintained in good working

order to prevent contamination of the public water supply.

(3) Hot water. Hot water shall be supplied. Water heaters or central water heating

equipment shall be maintained in good operating condition (as required by the New York

State Uniform Code).

(4) Drainage.

a. Sewage and stormwater drainage systems shall be maintained so as to function

properly and be kept free from obstructions, leaks and defects (as required by the

New York State Uniform Code).

b. Stormwater drainage shall not interfere with the use of, or cause a nuisance to,

adjoining properties.

c. Required oil separators, grease traps and other intercepting devices must be

maintained in good and operable condition.

Electrical maintenance.

I.

(1) Electrical fixtures, devices, wiring and systems shall be maintained in safe working

condition in a manner which will avoid a potential source of ignition or shock.

Deteriorated material and equipment shall be removed and replaced, as may be required

(as required by the New York State Uniform Code).

(2) Panel boards shall be kept free from encumbrances and shall be accessible at all times (as

required by the New York State Uniform Code).

(3) Electrical systems shall comply with the National Electrical Code (NEC) and the New

York State Uniform Code.

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J. Locking devices.

(1) In every single and two-family residence, each means of ingress and egress shall be

equipped with a locking device.

(2) In every multiple dwelling, all secondary means of egress, basement entrances and all

entrances to accessory use areas shall be equipped with locking devices, and such locking

devices shall not prevent free escape from the inside.

(3) In multiple dwellings, where the main entrance is equipped with separate bells to each

dwelling unit, the main entrance shall remain locked.

(4) Separate dwelling unit, studio unit and rooming unit entrances and exits within structures

shall be equipped with locking devices.

(5) The installation or use of double-cylinder dead bolts is prohibited.

K. Smoke detectors.

(1) At least one smoke detection device per unit shall be installed adjacent to sleeping areas

in all one-family dwellings, two-family dwellings and multiple dwellings.

(2) The smoke detection system design, location and performance shall be subject to the

provisions of the New York State Uniform Code and referenced standards contained

therein.

(3) The owner of a dwelling unit shall be responsible for installing and maintaining the

smoke detection devices or systems required herein.

L. Buildings and structures shall be maintained free of insect, vermin and rodent harborage and

infestation.

§ 243-9. Vacant Structures.

Vacant buildings or structures. Every person owning or having charge or control of any building

or structure which has been vacant for over 60 days shall remove all combustible waste and

refuse therefrom and lock, barricade, guard continuously or otherwise secure all windows, doors

and other openings in the building to prohibit entry by unauthorized persons in a manner

approved by the Building Inspector.

§ 243-10. Maintenance of Vacant Lots (within developed areas).

A. Combustible waste, refuse and large quantities of dry vegetation which, by reason of their

proximity to buildings or structures, would constitute a fire hazard or contribute to the spread

of fire shall be removed (as required by the New York State Uniform Code).

B. Heavy undergrowth and accumulations of plant growth which are noxious, detrimental to

health or safety or unsightly shall be eliminated.

(1) Lots with a valid building permit are not required to maintain plant growth during active

construction.

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C. Individual undeveloped lots in developed areas shall be maintained.

D. Where two or more undeveloped lots adjoin and in all other open fields and undeveloped

areas, an area of 15 feet must be maintained where these areas adjoin developed areas or

public rights-of-way.

ARTICLE III Enforcement and Compliance

§ 243-11. Designation of enforcement officer.

A. This chapter shall be administered and enforced by the Town of Webster Code Compliance

Coordinator and other Town Code Enforcement Officials. The Code Compliance

Coordinator may be assisted by a staff consisting of Code Enforcement Officers, clerks,

typists and any other employee or person designated by the Town Board or Director of

Community Planning and Development to assist in carrying out the duties of a Code

Enforcement Official. When used in this chapter, the term "Town of Webster Code

Enforcement Official" shall refer to any New York State certified Code Enforcement Official

employed by the Town of Webster or his/her designee, and the term "Fire Marshal" shall

have the same meaning as the "Town of Webster Code Enforcement Officer."

B. The Town of Webster Code Enforcement Officials may, between the hours of 8:00 a.m. and

10:00 p.m. or, if different, during normal business hours, enter any building or premises

within the Town of Webster for the purpose of making any inspection or investigation to

ensure compliance with the provisions of this chapter, the Uniform Code and Part 444 of the

Executive Law. Entry into legally occupied private residences or other residential tenancies

where there exists an individual privacy right shall be permitted only when the Code

Enforcement Official has either obtained the informed consent of the property owner or

person with a privacy right to the property, or obtained an appropriate search warrant, or acts

in the belief that there exist exigent circumstances whereby immediate entry into a residence

is required to ensure the protection of life, safety or property.

C. Should entrance upon a site to make an inspection required by this chapter or the Uniform

Code be denied, or if permission cannot be obtained to make such an inspection, application

may be made for a warrant to make such inspection to any court of competent jurisdiction.

D. Identification of Code Enforcement Officials. The Code Enforcement Officials shall

provide, upon request, proper identification prior to conducting a routine or emergency

inspection of any building or premises.

E. Posting with placards.

(1) Code Enforcement Officials shall be authorized to affix to any building or premises a

placard for the purpose of notifying the owner, occupants and the general public that the

building or premises is subject to enforcement proceedings by the Town of Webster. The

placard may be placed anywhere on the building or premises that the Code Enforcement

Official determines will be readily noticeable and accessible.

(2) The nature of the placard to be used may be determined by the Code Enforcement

Official based upon the nature of the problem or condition. The placard may specify

"Keep Out" or "Not To Be Occupied Until a Certificate of Occupancy Is Issued" or "Not

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To Be Demolished or Reconstructed Until a Permit Is Issued" or "Stop Work" or any

other form of notice, or any combination of the above notices deemed appropriate by the

Code Enforcement Official.

(3) No person shall remove, deface, conceal or destroy any such placard affixed by the Code

Enforcement Official.

§ 243-12. Correction of Violations.

A. Commencement of proceedings. Whenever the Code Enforcement Official has inspected any

building or premises and has determined that said building or premises is in violation of any

provision of the Uniform Code, the Energy Code, or this chapter, they shall commence

proceedings to cause the cleanup, repair, rehabilitation, vacation or demolition of the

building or premises.

B. Routine action. Whenever the Code Enforcement Official determines that a building,

premises or land is in violation of any provision of this chapter, they shall give notice of the

violation or violations as herein provided.

C. Notice.

(1) Such notice shall be in the form of a Notice and Order and be given by certified mail,

addressed to the last known owner at the address as shown by the records of the Monroe

County Clerk’s Office, and within five calendar days of such mailing, such notice shall

be given by:

a. Personal delivery upon such owner or owners of property; or

b. Personal delivery to the occupant of the building or premises or to the person or

individual using the land or to the person or persons allegedly responsible for such

violation; or

c. Posting the notice on the building, premises or land where the violations are deemed

to exist.

(2) The depositing of the notice into a depository, maintained under the exclusive control of

the United States Postal Service, shall be deemed sufficient to satisfy the mailing

requirement.

(4) Such notice shall be in writing and shall specify the alleged violation and shall provide a

reasonable time of not less than five days for compliance and shall be served as stated

above. Such notice may contain an outline or mention of the remedial action that will be

taken to effect compliance in the event the owner, occupant, agent or operator does not

comply with said notice within the time period specified therein. The Code Enforcement

Official may extend the compliance time specified in any notice issued under the

provisions of this chapter where there is evidence of intent to comply within the period

specified, provided that reasonable conditions exist which prevent immediate

compliance.

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D. Emergency action. Whenever the Code Enforcement Official has determined that a

condition exists which poses an immediate threat to life, health or safety, they may, without

prior notice, issue a notice citing the violation and ordering that such action be taken as is

necessary to remove or abate the hazard or danger. Such notice may include an order to

vacate, board up, fence off or demolish. Notwithstanding any other provision of this chapter,

such an order shall be effective immediately upon mailing, delivery or posting of the notice

of the violation or violations as herein provided.

§ 243-13. Actions in cases of noncompliance.

A. Whenever a Notice and Order or notices referred to above have been given, and the

violations continued to exist beyond the time specified in the Notice and Order or notices, the

Code Enforcement Official may authorize the work to be done and pay the cost thereof out of

general Town funds.

B. The Town shall be reimbursed for the cost of the work performed or services rendered by

direction of the Code Enforcement Official, as hereinabove provided, by assessment and levy

upon the lots or parcels of land wherein such work was performed or such services rendered,

and the expense so assessed shall constitute a lien and charge on the real property on which it

is levied until paid or otherwise satisfied or discharged and shall be collected in the same

manner and at the same time as other Town charges.

§ 243-14. Violations.

A. Notice and Order. The Code Enforcement Officer is authorized to order in writing the

remedying of any condition or activity found to exist in, on or about any building, structure,

or premises in violation of the Uniform Code, the Energy Code, or this chapter. Upon

finding that any such condition or activity exists, the Code Enforcement Official shall issue a

Notice and Order. The Notice and Order shall 1) be in writing; 2) be dated and signed by the

Code Enforcement Official; 3) specify the condition or activity that violates the Uniform

Code, the Energy Code, or this chapter; 4) specify the provision or provisions of the Uniform

Code, the Energy Code, or this chapter which is/are violated by the specified condition or

activity; 5) specify the period of time which the Code Enforcement Official deems necessary

for achieving compliance; 6) direct that compliance be achieved within the specified period

of time; and 7) state that an action or proceeding to compel compliance may be instituted if

compliance is not achieved within the specified period of time. The Code Enforcement

Official shall cause the Notice and Order, or a copy thereof, to be served on the owner of the

affected property personally or by certified mail. The Code Enforcement Official shall be

permitted, but not required, to cause the Notice and Order, or a copy thereof, to be served on

any builder, architect, tenant, contractor, subcontractor, construction superintendent, or

his/her agents, or any other person responsible for, taking part, or assisting in work being

performed at the affected property personally or by certified mail; provided, however, that

failure to serve any person mentioned in this sentence shall not affect the efficacy of the

Notice and Order.

B. Appearance tickets. The Code Enforcement Official is authorized to issue appearance tickets

for any violation of the Uniform Code, the Energy Code, or this chapter.

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C. Civil penalties. In addition to those penalties prescribed by state law, any person who

violates any provision of the Uniform Code, the Energy Code or this chapter, or any term or

condition of any Building Permit, Certificate of Occupancy/Certificate of Compliance,

temporary certificate, stop-work order, operating permit or other notice or order issued by the

Code Enforcement Official pursuant to any provision of this article, shall be liable to a civil

penalty of not more than one thousand dollars for each day or part thereof during which such

violation continues, in line with Executive Law § 382, Subdivision (2). The civil penalties

provided by this subsection shall be recoverable in an action instituted in the name of the

Town.

D. Injunctive relief. An action or proceeding may be instituted in the name of the Town, in a

court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of,

or to enforce, any provision of the Uniform Code, the Energy Code, this chapter, or any term

or condition of any Building Permit, Certificate of Occupancy/Certificate of Compliance,

temporary certificate, stop-work order, operating permit, Notice and Order, or other notice or

order issued by the Code Enforcement Official pursuant to any provision of this chapter. In

particular, but not by way of limitation, where the construction or use of a building or

structure is in violation of any provision of the Uniform Code, the Energy Code, this chapter,

or any stop-work order, compliance order or other order obtained under the Uniform Code,

the Energy Code or this chapter, an action or proceeding may be commenced in the name of

the Town, in the Supreme Court or in any other court having the requisite jurisdiction, to

obtain an order directing the removal of the building or structure or an abatement of the

condition in violation of such provisions.

E. Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive

remedy or penalty available to address any violation described in this section, and each

remedy or penalty specified in this section shall be in addition to, and not in substitution for

or limitation of, the other remedies or penalties specified in this section, in any other section

of this chapter, or in any other applicable law. Any remedy or penalty specified in this

section may be pursued at any time, whether prior to, simultaneously with, or after the

pursuit of any other remedy or penalty specified in this section, in any other section of this

article, or in any other applicable law. In particular, but not by way of limitation, each

remedy and penalty specified in this section shall be in addition to, and not in substitution for

or limitation of, the penalties specified in Executive Law § 382, Subdivision (2), and any

remedy or penalty specified in this section may be pursued at any time, whether prior to,

simultaneously with, or after the pursuit of any penalty specified in Executive Law § 382,

Subdivision (2).

§ 243-15. Severability.

If any clause, sentence, paragraph, section, article or part of this local law shall be adjudged by

any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or

invalidate the remainder thereof but shall be confined in its operation to the clause, sentence,

paragraph, section, article or part thereof directly involved in the controversy in which such

judgment shall have been rendered.

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3. That the determination of significance under the New York State Environmental Quality

Review Act will be considered at the time of such Public Hearing.

4. The Town Clerk give notice of such Public Hearing at least five (5) days prior to such

hearing by publishing a copy of this Resolution or a summary thereof once in the Webster

Herald, the official newspaper of the Town of Webster and posting a copy thereof on the

Town Clerk’s Bulletin Board and Town Website.

Vote on motion:

Supervisor Flaherty .............Aye

Councilman Abbott .......... Aye

Councilman Cahill ..............Aye

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen ......Aye

Motion carried .................. 5-0

***

Resolution No. 185: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to

declare the following item for auction from the Highway Department:

2000 Sterling Dump Truck, Asset Tag #2285

Vote on motion:

Supervisor Flaherty .............Aye

Councilman Abbott .......... Aye

Councilman Cahill ..............Aye

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen ......Aye

Motion carried .................. 5-0

***

Resolution No. 186: MOTION by Councilman Cahill, seconded by Councilman Abbott, to

award the Courthouse Drywall and Finishing Project Bid and authorize the Town Supervisor to

execute an Agreement.

WHEREAS, on March 22, 2023 bids were advertised in the Webster Herald seeking contractor

services for drywall and finishing services within the Town of Webster’s Courthouse located at

1002 Ridge Road, Webster, New York; and

WHEREAS, on April 26, 2023 at 11:05 a.m. two (2) sealed bids were publicly opened and read

aloud by the Town Clerk; and

WHEREAS, the following bids were received:

R.W. Dake Construction

$83,030.00 (Includes a Material Escalation)

Accurate Acoustical, Inc.

$119,750.00

NOW, THEREFORE, BE IT RESOLVED:

That the Town of Webster awards the Courthouse Drywall and Finishing Project Bid to

R.W. Dake Construction, 100 Bluff Drive, East Rochester, New York 14445 in the amount of

Eighty-Three Thousand Thirty Dollars ($83,030.00) not including the Material Escalation and

authorizes the Town Supervisor to execute an Agreement.

[Agreement to be filed in the Town Clerk’s Office]

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Webster Town Board

Vote on motion:

Supervisor Flaherty .............Aye

Councilman Cahill ..............Aye

Councilwoman Nguyen ......Aye

Councilman Abbott .......... Aye

Councilwoman Cataldi ..... Aye

Motion carried .................. 5-0

***

There being no further business to come before the Board, the meeting was adjourned at

9:20 p.m.

_________________________

Dorothy M . Maguire, Town Clerk

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05-18-23

End of document