[Amended 2-3-2005 by L.L. No. 2-2005; 12-6-2007 by L.L. No. 5-2007]
There is hereby designated in the Town of Walworth a public official to be known as the "Building Inspector," who shall be appointed by the Town Board of the Town at a compensation to be fixed by it. There is also designated in the Town of Walworth a public official to be known as the "Code Enforcement Officer," who shall be appointed by the Town Board of the Town of Walworth at a compensation to be fixed by it. Although the Building Inspector and the Code Enforcement Officer each may have different duties within the Town, each may carry out the duties of each other.
In the absence of the Building Inspector or in the case of his or 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 in behalf of the Building Inspector and to exercise all the powers conferred upon him or her by this chapter. The Town Board may appoint one Building Inspector or more, as the need may appear.
The Building Inspector or any employee of his or her office shall not engage in any activity inconsistent with his or her duties or with the interests of the office nor shall he/she, during the term of his or her office or employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof within the Town of Walworth, excepting only that this provision shall not prohibit any officer or employee from such activities in connection with the construction of a building or structure owned by him or her and not constructed for sale.
Enforce Code and laws. Except as otherwise specifically provided by law, this Code, rule or regulation or except as herein otherwise provided, the Building Inspector shall administer and enforce all of the provisions of the New York State Uniform Fire Prevention and Building Code, this Code and laws and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures and the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof.
Rules and regulations. He/she shall promulgate rules and regulations, subject to the approval of the Town Board, to secure the intent and purposes of this chapter and a proper enforcement of the laws, ordinances, rules and regulations governing building plans, specifications, construction, alteration or repairs.
Applications and permits. He/she shall receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued for the purpose of ensuring compliance with the New York State Uniform Fire Prevention and Building Code, this Code and laws, rules and regulations governing building construction.
Notices and orders. He/she 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 or her agent personally, or by sending by certified mail a copy of such order to the owner or his or her 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 or her duties, except that he/she may accept written reports of inspection from generally recognized and authoritative service and inspection bureaus or agencies, provided that the same are certified by a responsible official thereof.
The Building Inspector is authorized to pursue administrative actions and, with authorization from the Town Board and in consultation with the Town Attorney, legal action as necessary to abate conditions not in compliance with the Uniform Fire Prevention and Building Code, this chapter, or other laws, rules or regulations of the Town of Walworth or of the State of New York.
[Amended 12-6-2007 by L.L. No. 5-2007]
Issuance of certificate of occupancy. He/she shall issue a certificate of occupancy where appropriate for a building constructed or altered in accordance with the provisions of the New York State Uniform Fire Prevention and Building Code, which such certificate shall certify that the building conforms to the requirements of the New York State Uniform Fire Prevention and Building Code.
Maintenance. The Building Inspector shall keep permanent official records of all transactions and activities conducted by him or her, including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all rules and regulations promulgated by him or 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.
Annual written report. The Building Inspector shall annually submit to the Town Board a written report and summary of all business conducted by the Building Inspector, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending or concluded.
[Added 12-6-2007 by L.L. No. 5-2007]
In every municipality or other agency subject to 19 NYCRR Part 1203, Uniform Code: Minimum Standards for Administration and Enforcement, Section 1203.4(a), the Building Inspector shall annually submit to the Secretary of State, on a form prescribed by the Secretary of State, a report of its activities relative to administration and enforcement of the Uniform Fire Prevention and Building Code. Upon request of the Department of State, every municipality or other agency subject to this section shall provide from the records and related materials it is required to maintain excerpts, summaries, tabulations, statistics and other information and accounts of its activities in connection with administration and enforcement of the Uniform Code. Failure to produce the requested materials shall permit an inference that the minimum standards of this section have not been met.
The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of the Fire Department, the Health Department and other departments or officers and of all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.