[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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
The Building Inspector is authorized to pursue administrative
actions and, with authorization from the Town Board and in consultation
with the attorney for the Town, 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]
F.
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.
A.
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.
B.
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.
