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HomeMy WebLinkAboutLL-1993 #26LOCAL LAW NO. 26 , 1993 II. A Local Law in Relation to Certificate of Occupancy Fees BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-28~(H) (1) (g) is hereby amended to read as follows: (g) Copies of certificate of occupancy: $20.00 ~ fk/~ ~S~ or fewer- ¥ear~- ago? Fkv~ d~rh~($5.~-)- 2. Section 100-28~(H)(1)(h) is hereby deleted in its entirety. This Local Law shall take effect upon its filing with the Secretary of State. Underscore represents addition(s) Overstrike represents deletion(s) NYS DEPARTMENT OF STATE BUREAU OF STATE RECORDS 162 Washington Avenue Albany, NY 1223~-0001 Local Law Acknowledgment [ JUDITH T TERRY TOWN HALL 53095 MAIN ROAD PO BOX 1179 SOUTHOLD NY 11971 I_ DOS-236 (Rev. 6/90) MUNICIPALITY Town of Southold LOCAL LAW(S) NO. YEAR FILING DATE 26 & 27 1993 12/27/93 The above-referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 162 WASHINGTON AVENUE, ALBANY, NY 12231 (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. Local Law No .......... _2..6. ....................... of the year 19--9--3._ A local law .......... ....................... Be It enacted by the Town Board of the ~ Southold Town of .......................................................................................... as follows: Chapter 100 {Zoning} of the Code of the Town of Southold is hereby amended as follows: 1. Section 100~284(H){1)(g) is hereby amended to read as follows: {g) Copies of certificate of occupancy.: $20.00 2. Section 100-284{H){1){h) is hereby deleted in its entirety. II. This Local Law shall take effect upon its filing with the Secretary of State. (I~' additional 'space is needed, attach pages the same size as this sheet, and number each.) .~os-2~9 (~,,. 7,m) (1) (Complete the ccrtiflcation in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No ........... .2_6_ ..... ._ ................of 19-9-3--- of ...............S.o.'.u__t._h.o.J_d. ...................................... was duly passed by the on,-J-~Zl--~ ........ z9-.-~.~ m accordance with the applicable provisions of law .t~:~e o/ L~£~iadve Body) 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 19 ...... of the (County)(City)(Town)(Village) of ............................................ ~- ................... was duly passed by the ............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after ~Name of Legidative Body) disapproval) by the .................................................. and was deemed duly adopted on .................. 19 ...., (Elective Chief £xecuti~e Officer*} in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No ............. -' ................... i__ of 19 ...... of the (County)(City)(Town)(Village) of ....................................................... ' ........was duly passed by the ................................................... on .................. 19 ...., and was (approved)(not approved)(repassed after tName of Legislator Body) disapproval) by the ................................................. on ................... 19- .... Such local law Was submitted (Elective Chlef Ex~cative Officer*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote ora majority of the qualified electors voting thereon at the (general)(special)(annual) election held on .................. 19---- , in accordance with the applicable provisions of law. 4, (Subject to pemissive 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 19 ...... of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the ................................................... on ................. 19----, and was (approved)(not approved)(repassed after (3~am¢ of Legistt;tive Body) disapproval) by the .................................................. on .................. 19 .... Such local law was subject to (Electiye Chief E,.xecudve Officer*) permissive referendum and no valid petition requesting such referendum xvas filed as of .................. 19.---, in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive a)fficer of a county elected on a coun~- 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 local laws or ordinances. (2) 5. (City local law concerning Cha,~er revision proposedby petition.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... of the City of ............................................. having been submitted to referendum pursuant to the provismns of section (36)(37) of the MUnicipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(geneml) election held on ....... -7 ......... 19 .... , 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 19 ...... of the County of .................................................... State of New York, having been submitted to the electors at the General Election of November ...................... 19 .... , 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 cit- ies 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 f'mal adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was Finally adopted in the manner in- dicated in paragraph .....J- ..... , above. Clerk of the Co~fl~ legislative body, City, Town or Village Cle~~r or officer designated by local legislative body ~ Judith T. Terry, Town Clerk (Seal) Date:- December 22, 1993 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNT~ OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local ~~o~ Signature [ Matthew G. Kiernan. Assistant Town Attorney Title gi~ of Toxvn Southol d Date: December 22, 1993 . (3) PUBLIC HEARING SOUTHOLD TOWN BOARD DECEMBER 21, 1993 4:30 P.M. IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO CERTIFICATES OF OCCUPANCY FEE". Present: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny IV Councilman Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff SUPERVISOR HARRIS: We have two public hearings this afternoon. The first one is a "Local Law in Relation to Certificates of Occupancy Fees", and the proof of publication and verification of such will be read by Councilwoman Hussie. COUNCILWOMAN HUSSIE: "Public Notice is hereby given that there has been pre- sented to the Town Board of the Town of Southold, Suffolk County, New York, on the 23rd day of November, 1993, a Local Law entitled, "A Local Law in Relation to Certificate of Occupancy Fee". Notice is further given that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 21st day of December, 1993, at 4:30 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Certificate of Occupancy Fee" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: I. Section 100-284(H) (1) (g) is hereby amended to read as follows: (g) Copies of certificate of occupancy: $20.00 issued fFve {-$~ o~ f~we~ yeer~-a~io~, fiv~ do~ths~s {$5~0~). 2. Section 100-284(H) (1) (h) is hereby deleted in its entirety. (h) Cop/es of ee~i~/eate ~f <~dl~ney ~sst~ed fr~-e t4~-n fiYe~ yee~$ eej~. -ten </o/f~res {~F~I~). II. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents addition(s) ** Overstrike represents deletion(s) Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: December 7, 1993." I have an affidavit from the Long Island Traveler Watchman. It was published on the 16th day of November, 1993. I have a notification that Judith Terry, Town Clerk, posted it on the Bulletin Board in the Southold Town Hall. I have a letter from the Pg 2 - PH LL in Rel. to r ~t. of Occup. Fees Planning Office dated December 2, 1993. Dear Mrs. Terry: Re: Local Law in Relation to Certificate of Occupancy Fees. The Planning Board has reviewed this proposal to increase the fees for obtaining copies of certificates of occupancy and finds that it has no objection to same. Sincerely, Richard G. Ward, Chairman. There is, also, from the County of Suffolk to the Town Clerk. Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval, signed Stephen M. Jone, Director of Planning. That seems to be all there is here. SUPERVISOR HARRIS: Thank you. At this time, are there any members of the audience that would like to address this Local Law in reference to it's amendment? (No response.) If not, I'll declare this public hearing closed. Judith T. Terry Southold Town Clerk LEGAL NOTICE PUBLIC HEAP. lNG ON LOCAL LAW PUBLIC NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 23rd day of November, 1993, a Local Law entitled, "A Local Law in Relation to Certificate of Oc- cupancy Fee." NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will bold a public h~u~mg on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 21st day of Deeember, 1993, at 4'.30 P.M., at which time all interested persons will be heard. This proposed "[ocal Law in Relation to Certificate of Occupancy Fee" reads as follows: BE IT ENACTED by the Town Board of the Town of Southotd as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-284(H)(1)(g) is hereby amended to read as follows: (g) Copies of certificate of occupancy: $20.00 [issued five (5) or fewer years ago: five dollars ($5.00).] 2. Section 100-284(H)(1)(10 is hereby deleted in its entirety. [01) Copies of certificate of occupancy issued more than five years ago: ten dollars ($10.00).] II. This Local Law shall take effect upon its filing with the Secretary of Stat~ Italic represents addition(s). [Brackets represent deletion]. Copies of this Local Law are available in the Office of the Town Clerk to any in- terested persons during business hours. DATED: December 7, 1993 JUDITH T. TERRY SOUTHOLD TOWN CLERK 1X-12/16/93(3) COUNTY OF SUFFOLK ss: STATEOF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, o{THE LONG ISLAND TRAVELER-WA-FCHMA/q, a public newspaper printed at Southold, in Suffolk Coumy; and that tile notice of which the annexed is a printed copy, ~ ~s hcen puhlished in said Long Island Travelcr-Watchm,m oace each week for ............. /.. weeks successively, commencing on the ........ ~ ,~ ....... Swllrn hi before mc lhis ....... .~..~/ ......... clay Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806846 Qualified in Suffolk County C~mmission Expires ~'/3t//ff¥