OF THE TOWN OF GREENBURGH

OBJECTIVES

            Whereas, the Town of Greenburgh seeks to implement a comprehensive enforcement plan after identifying issues and problems with the Town’s current code enforcement process, after analyzing and recognizing code enforcement resources and personnel as key determinants for preservation of the Town’s community character, natural resources, and quality of life. The Town’s intent is to develop a multi-phased approach to deal with enforcement and violations of the Greenburgh Town Code.

          Whereas, the Town Board adopts the following guidelines in furtherance of its policy of enforcing the Greenburgh Town Code:  (1) Town officials shall enforce the provisions of the Town Code as adopted by the Town Board; (2) Town officials shall issue summons for violations of the Town Code and the Town Attorney’s office shall prosecute such summons; and (3) in administering the provisions of the Town Code, Town officials shall not issue permits and licenses to any person or entity until any outstanding Town Code violations by such person or entity are resolved and shall ensure that violators do not benefit from Code violations.

          Whereas, in order to implement these Objectives, the Town Board hereby adopts this Comprehensive Code Enforcement Plan:

PLAN

(1)     To annually review the Town Code to amend, where necessary, fees, penalties and fines for violations of specific Town Ordinances to deter non-compliance and to ensure that code provisions sufficiently outline the steps required for code compliance through:

(a)              Introduction of local laws to adjust fees, fines and penalties for selected Town Code provisions, i.e.:

(i)                steep slopes

(ii)              building permit fines and fees

(iii)            plumbing permit fines and fees

(iv)            electrical permit fines and fees

(v)              excavation and soil removal permit fines and fees

(vi)            sign and illumination permit fines and fees

(vii)          tree removal violation fines and fees

(viii)        watercourse protection fines and fees

(ix)            freshwater wetlands violation fines and fees

(x)              water conservation fines and fees

(xi)            sanitation fines and fees; and

(b)             Introduction of local laws that create new or amend existing legislation to address issues identified by Town staff and community members, e.g.:

(i)                boarding houses

(ii)              illegal rooming houses

(iii) steep slopes

(iv)            commercial film production

(v)              abandoned properties

(vi)            landmark preservation

(vii)          tree and open space preservation; and

(2)     To develop and maintain a coordinated system and review procedure whereby all Town Departments work together to enforce Town Code provisions by requiring:

(a)      Town Board, representative of Zoning Board, representative of Planning Board, Town Attorney and Town Prosecutor to meet at least once every six months to discuss issues arising from enforcement.

(b)     Town Prosecutor, Town Building Inspector, Commissioner of Public Works, Commissioner of Community Development and Conservation, Town Engineer, Town Attorney, Police Chief and Fire Chiefs to meet at least once every quarter to discuss issues arising from enforcement.

(c)     Town Prosecutor, Town Building Inspector, Commissioner of Public Works, Commissioner of Community Development and Conservation, Town Engineer, Police Chief, Town Attorney and Superintendents of School Districts in the Town, outside of the villages, to meet once a year to discuss issues arising from enforcement and enrollment.

The Town Board will be provided reports of the meetings referred to in sections “b” and “c” above by the Town Attorney’s office.

(d)     Town Prosecutor, Police Chief and Town Board Court Liaison to meet once a year to discuss issues arising from enforcement and the Town Justices will be invited to attend such meeting.

(e)      Mailing of letters annually to the U.S. Postal Service, local gas and electric utility companies and all Town school districts, located outside of the villages, requesting mail service information, customer information and enrollment information for persons residing in the Town outside the villages;

(f)      Establishing a program to train all relevant Town personnel with respect to the enforcement of the Town Code and the provisions of this Plan, including the importance of considering, where relevant as required by Town law, the impact of permits and licenses on surrounding areas; and

(3)     To establish procedures whereby:     

(a)      Town fire personnel under the jurisdiction of town or village fire departments or fire protection districts within the town outside the villages are empowered to issue violations and summonses.

(b)     Town sanitation and other personnel under the direction of the Department of Public Works are empowered to issue summonses for selected Town code violations.

(c)     Neighboring villages and cities are requested to enter into Inter-Municipal Agreements (IMA’s) with Town Zoning and Planning Boards to address enforcement issues arising in municipalities adjacent to the area of the Town outside the villages.

(4)     To ensure that the Town website is updated monthly to reflect the duties, responsibilities and contact information of all Town Departments’ enforcement officers  such as:

- Town Building Inspector

- Commissioner of Public Works

- Town Engineer

- Town Attorney

- Police Chief

- Commissioner of Community Development and Conservation

- Fire Chiefs; and

To ensure that the Town website is updated monthly to reflect all Town Justice Court case dispositions other than penal law offenses, vehicle and traffic offenses, and small claims matters.  The website shall list the name of the party; street address of violation; nature of the violation; disposition; presiding judge.

To maintain a review procedure whereby the Town Comptroller and all Town Departments Heads and Commissioners, during the course of annual tentative and preliminary budget discussions, identify the fiscal and physical resources necessary to accomplish the goals and objectives.

(a)              additional code enforcement personnel

(b)             additional funding for equipment (i.e. cell phones; cameras; vehicles)

(5)          Annual Review of Plan.

The Town Board shall monitor the Code Enforcement Plan and at least annually review the success of the Plan.  This annual review shall include (i) evaluation of the Plan’s effectiveness in meeting the Objectives; (ii) evaluating performance by those responsible for enforcing the Town Code, including the effects of the granting of permits and licenses on the community; (iii) identifying needs to provide additional training, equipment and/or personnel; (iv) analyzing strengths and weaknesses of current practices and developing measures to ensure accountability, responsibility and effectiveness in carrying out the Plan; and (v) recommendations for ways in which the Plan’s performance can be improved.  The annual review shall be discussed at a Town Board work session.

(6)          Further analysis will from time to time be given to additional processes, structures and coordination for implementing the Code Enforcement Plan, and the Town Board will address those issues in future work sessions.