[HISTORY: Adopted by the Town Board of the Town of Lima as
indicated in article histories. Amendments noted where applicable.]
[Adopted 3-2-1989 by L.L. No. 1-1989]
A.
In accordance with the powers conferred upon the Town pursuant to
Municipal Home Rule Law § 10, Town Law § 138 is
overruled and declared inapplicable to the Town of Lima insofar as
it requires or may require that a building inspector and/or zoning
enforcement officer hired by the Town of Lima be a resident of said
Town.
B.
In all other respects, Town Law § 138 shall be applicable
to the Town of Lima.
[Adopted 3-16-1989 by L.L. No. 2-1989]
There is hereby designated in the Town of Lima a public official
to be known as the "Code Enforcement Officer," who shall be appointed
by the Supervisor with the approval of the Town Board, at a compensation
to be fixed by it, for a term of not less than one year and not more
than four years. Compensation may be reviewed annually. Except as
otherwise specifically set forth herein, use in other previously adopted
local laws of the Town of the terms "Building Inspector," "Zoning
Officer," "Zoning Enforcement Officer" or any other appellation intended
to identify a Town official performing some or all of the functions
designated herein for the Code Enforcement Officer shall, upon the
effective date of this article and thereafter, be deemed to refer
to the Code Enforcement Officer.
In the absence of the Code Enforcement Officer or in the case
of his/her inability to act for any reason, the Supervisor shall have
the power, with the consent of the Town Board, to designate a person
to act on behalf of the Code Enforcement Officer and to exercise all
the powers conferred upon him/her by this article.
The Supervisor, with the approval of the Town Board, may appoint
one Building Inspector or more, as the need may appear, to act under
the supervision and direction of the Code Enforcement Officer and
to exercise any portion of the powers and duties of the Code Enforcement
Officer as directed by him/her. The compensation of such Building
Inspectors shall be fixed by the Town Board.
A Code Enforcement Officer, Building Inspector or an officer
or employee of the Building Department shall not engage in any activity
inconsistent with his/her duties or with the interests of the Building
Department; nor shall be/she, during the term of his/her employment,
be engaged directly or indirectly in any building business, in the
furnishing of labor, materials, supplies or appliances for or the
supervision of the construction, alteration, demolition or maintenance
of a building or the preparation of plans or specifications thereof
within the Town of Lima, excepting that this provision shall not prohibit
any employee from engaging in any such activities in connection with
the construction of a building or structure owned by him/her for his/her
own personal use and occupancy or for the use and occupancy of members
of his/her immediate family and not constructed for sale.
A.
Except as otherwise specifically provided by law, ordinance, rule
or regulation or except as herein otherwise provided, the Code Enforcement
Officer shall administer and enforce all of the provisions of laws,
ordinances, rules and regulations applicable to the plans, specifications
or permits for the construction, alteration and repair of buildings
and structures, the installation and use of materials and equipment
therein and the location, use and occupancy thereof.
B.
The Code Enforcement Officer shall promulgate rules and regulations,
subject to the approval of the Town Board, to secure the intent and
purposes of this article and a proper enforcement of the laws, ordinances,
rules and regulations governing building plans, specifications, construction,
alteration or repairs.
C.
The Code Enforcement Officer shall receive applications, approve
plans and specifications and issue permits for the erection and alterations
of buildings or structures or parts thereof and shall examine the
premises for which such applications have been received, plans approved
or such permits have been issued for the purpose of ensuring compliance
with laws, ordinances, rules and regulations governing building construction
or alterations.
D.
The Code Enforcement Officer shall issue, in writing, all appropriate
notices or orders to remove illegal or unsafe conditions, to require
the necessary safeguards during construction and to ensure compliance
during the entire course of construction with the requirements of
such laws, ordinances, rules and regulations; and such notices or
orders may be served upon the property owner or his agent personally
or by sending by certified mail, return receipt requested, a copy
of such order to the owner or his agent, at the address set forth
in the application, for permission for the construction or alteration
of such building, and by posting the same upon a conspicuous portion
of the premises to which the notice applies. He/she shall make all
inspections which are necessary or proper for the carrying out of
his/her duties, except that he/she may accept written reports of inspection
from Building Inspectors or other employees of the Building Department
or from generally recognized and authoritative service and inspection
bureaus or agencies, provided that the same are certified by a responsible
official thereof.
E.
Whenever the same may be appropriate to determine compliance with
the provisions of applicable laws, ordinances, rules and regulations
covering building construction or alteration, the Code Enforcement
Officer may, in his/her discretion, accept and rely upon written reports
of tests in the field by experienced, professional persons or by accredited
and authoritative testing laboratories or service and inspection bureaus
or agencies.
F.
The Code Enforcement Officer shall issue a certificate of occupancy
where appropriate for a building constructed or altered in accordance
with the provisions of the State Building Construction Code, which
such certificate shall certify that the building conforms to the requirements
of the State Uniform Fire Prevention and Building Code.
G.
The Code Enforcement Officer shall handle the processing of special
use permits, variances, building permits and all applications for
zoning and/or building.
[Added 11-6-1997 by L.L. No. 3-1997]
A.
The Code Enforcement Officer shall keep permanent official records
of all transactions and activities conducted by him/her, including
all applications received, plans approved, permits and certificates
issued, fees charged and collected, inspection reports, all rules
and regulations promulgated by him/her with the consent of the Town
Board and notices and orders issued. All such records shall be public
records open to public inspection during normal business hours.
B.
The Code Enforcement Officer shall, on a monthly basis, submit to
the Town Board a written report and summary of all business conducted
by the Building Department, including approvals, permits and certificates
issued, fees collected, orders and notices promulgated, inspections
and tests made and appeals or litigation pending or concluded. An
annual detailed report shall be prepared and presented to the Board
for its review prior to its second meeting in the month of January
of the following year.
In accordance with § 383 of Article 18 of the Executive
Law of the State of New York:
A.
It shall be unlawful for any person, firm or corporation to construct,
alter, repair, move, equip, use or occupy any building or structure
or portion thereof in violation of any provision of law or ordinance,
as well as any regulation or rule promulgated by the Code Enforcement
Officer in accordance with applicable laws, or to fail in any manner
to comply with a notice, directive or order of the Code Enforcement
Officer or to construct, alter, use or occupy any building or structure
or part thereof in a manner not permitted by an approved building
permit or certificate of occupancy.
B.
Any person who shall fail to comply with a written order of the Code
Enforcement Officer within the time fixed for compliance therewith
and any owner, builder, architect, tenant, contractor, subcontractor,
construction superintendent or their agents or any other person taking
part or assisting in the construction or use of any building who shall
knowingly violate any of the applicable provisions of law or any lawful
order notice, directive, permit or certificate of the Code Enforcement
Officer made thereunder shall be punishable by fine or imprisonment,
or both, in amounts and periods of time up to, but not exceeding,
those set forth in Executive Law § 385, Subdivision 1,[1] or any applicable local ordinance or law. Each day that
a violation continues shall be deemed a separate offense.
[1]
Editor's Note: Executive Law § 385 was repealed
by L. 1981, c. 707, § 12.
C.
Except as otherwise provided by law, such a violation shall not be
a crime, and the penalty or punishment imposed therefor shall not
be deemed for any purpose a penal or criminal penalty or punishment
and shall not impose any disability upon or affect or impair the credibility
as a witness or otherwise of any person found guilty of such an offense.
D.
The Code Enforcement Officer, Acting Code Enforcement Officer or any Building Inspector may institute proceedings to enforce this article by issuance and service of an appearance ticket and other necessary legal process, and/or may, in his discretion and concurrence by the Supervisor, seek injunctive relief pursuant to § 10-9 hereof.
Appropriate action and proceedings may be taken at law or in
equity to prevent unlawful construction or to restrain, correct or
abate a violation or to prevent illegal occupancy of a building, structure
or premises or to prevent illegal acts, conduct or business in or
about any premises, and these remedies shall be in addition to penalties
otherwise prescribed by law.
The application for approval and for the use of any parcel of
real property or improvement thereto shall constitute authority granted
to the Code Enforcement Officer and any Building Inspectors at all
times, before a final certificate of occupancy is issued, to go upon
said real property to inspect for compliance with all state laws and
local ordinances or law.
