City of Buffalo, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Derived from the Charter and Ordinances, 1974, of the City of Buffalo as indicated in article histories. Amendments noted where applicable.]
[Derived from Art. XIX of Ch. VII of the Charter and Ordinances, 1974]
The departments charged with the administration and enforcement of the provisions of the following chapters shall inspect real and personal property according to the provisions of this Article:
Chapter 63, Aircraft
Chapter 66, Air Pollution, Part 1
Chapter 75, Amusements
Chapter 78, Animals, Article IV
Chapter 122, Business Identification and Registration
Chapter 154, Discrimination, Articles I and II
Chapter 165, Electricity, Article II
Chapter 213, Games of Chance
Chapter 219, Gasoline, Article I
Chapter 238, Heating, Article II
Chapter 259, Laundries and Clothes Cleaners, Article II
Chapter 275, Markets
Chapter 278, Motion Pictures, Article I
Chapter 302, Oil and Gas Wells
Chapter 316, Peddling and Soliciting, Article VI
Chapter 330, Poles and Wires
Chapter 352, Railroads
Chapter 387, Signs
Chapter 444, Television Repair
Chapter 483, Vending Machines
Chapter 501, Wood and Coal, Article I
A. 
Time; identification. Inspections shall take place at any reasonable hour and upon proper identification by a representative of the appropriate department.
B. 
Duty to provide access. Authorized department representatives acting in the performance of their duties shall be provided reasonable access to the premises by those persons controlling such premises.
A. 
Premises warrants. The department shall procure a search warrant upon refusal of reasonable access to any part of the premises by any person with control of the premises. Such warrant shall be specific and apply only to the area to which the inspector was denied access.
B. 
Area warrants. There shall be no area warrants.
In case of emergency where there may be immediate danger to life, health or safety, a warrantless inspection may be made at any time upon proper identification by a representative of the department.
The person responsible for maintenance of the premises or of personal property shall be permitted reasonable access for the purpose of repairs, alterations or otherwise complying with all applicable laws or departmental orders or notices. Such access shall be permitted at reasonable hours by any person in control of the premises.
Owners or lessees in an appropriate case may apply for a license through a special proceeding to gain access to adjoining property for the purpose of making necessary repairs of improvements. Such petition shall be pursuant to Real Property Actions and Proceedings Law § 881, and the licensee shall be liable for resulting actual damages.
[Derived from Secs. 140 through 145 of Ch. XXV of the Charter and Ordinances, 1974]
The departments charged with enforcement of the provisions of the following chapters shall inspect real and personal property according to the provisions of §§ 249-8 through 249-12 of this Article, notwithstanding any other provisions in these chapters:
Chapter 1, General Provisions, Article II
Chapter 66, Air Pollution, Part 2
Chapter 72, Ambulances and Ambulance Drivers
Chapter 78, Animals, Articles I and II
Chapter 111, Buildings, Public, Article II
Chapter 116, Burials
Chapter 137, Code Enforcement, Article II
Chapter 158, Diseases, Infectious
Chapter 193, Food and Drugs, Articles I, II, III and IV
Chapter 203, Fumigation
Chapter 216, Garbage, Rubbish and Refuse, Articles I and VI
Chapter 235, Hazardous Materials and Wastes, Articles I and II
Chapter 242, Housing Standards
Chapter 269, Lodging Houses
Chapter 293, Noise
Chapter 316, Peddling and Soliciting, Article IV
Chapter 356, Rat Control
Chapter 361, Records, Article III
Chapter 370, Restaurants
Chapter 378, Sanitation, Articles I and III
Chapter 391, Slaughterhouses
Chapter 413, Streets and Sidewalks, Article XI
Chapter 491, Water and Water Pollution, Article III
A. 
Time; identification. Inspections shall take place at any reasonable hour and upon proper identification by a representative of the appropriate department.
B. 
Duty to provide access. Authorized department representatives acting in the performance of their duties shall be provided reasonable access to the premises by those persons controlling such premises.
A. 
Premises warrants. The department shall procure a search warrant upon refusal of reasonable access to any part of the premises by any person with control of the premises. Such warrant shall be specific and apply only to the area to which the inspector was denied access.
B. 
Area warrants. There shall be no area warrants.
In case of emergency where there may be immediate danger to life, health or safety, a warrantless inspection may be made at any time upon proper identification by representative of the department.
The person responsible for maintenance of the premises or of personal property shall be permitted reasonable access for the purpose of repairs, alterations or otherwise complying with all applicable laws or departmental orders or notices. Such access shall be permitted at reasonable hours by any person in control of the premises.
Owners or lessees in an appropriate case may apply for a license through a special proceeding to gain access to adjoining property for the purpose of making necessary repairs or improvements. Such petition shall be pursuant to Real Property Actions and Proceedings Law § 881, and the licensee shall be liable for resulting actual damages.