[HISTORY: Adopted by the Mayor and Council of the Town of Clinton 10-24-2006
by Ord. No. 06-17. Amendments noted where applicable.]
The office of the Code Enforcement Housing Officer of the Town Clinton
is hereby created. Appointments to the office of the Code Enforcement Housing
Officer shall be made by the Mayor and Council of the Town of Clinton. The
term of office shall be one year, commencing January 1. A vacancy in the office
shall be filled by the Mayor and Council for the unexpired term only. A newly
hired Code Enforcement Housing Officer will be subject to a six-month probationary
period when the Code Enforcement Housing Officer can be terminated at Town
Council's discretion, with or without cause.
A.
It shall be the duty of the Code Enforcement Housing Officer to enforce Chapter 88 of the Town's Land Use Code and, pursuant to that duty, to:
(1)
Discover and ascertain the existence of any violations
of that chapter.
(2)
Investigate and inspect any alleged violation of that
chapter within his/her knowledge or coming to his/her attention.
(3)
Prevent further or continued violations of that chapter
which are known by him/her to exist, and by every lawful means cause the violators
to cease and desist from committing such further violations.
(4)
Investigate existing signs to see if they have been issued
pursuant to valid permits, to request the owners or those in control of the
unauthorized signs to voluntarily remove those signs and to prosecute the
owners or those in control of unauthorized signs if they fail to voluntarily
remove them within a reasonable period of time.
(5)
Prosecute violations of that chapter, including but not
limited to the enforcement of the zoning regulations, in the manner provided
by law.
B.
Whenever any building or structure is proposed to be
erected, constructed, altered, repaired, converted, used or maintained within
the Town of Clinton, it shall be the duty of the Code Enforcement Housing
Officer to ascertain that the same is done in accordance with the provisions
of the ordinances of the Town of Clinton and not in violation thereof; and
whenever any building or structure is proposed to be erected, constructed,
altered, repaired, converted, used or maintained contrary to or any land is
used in violation of law, it shall be the duty of the Code Enforcement Housing
Officer to proceed with enforcement in the manner herein provided and as otherwise
provided by law; and he/she is hereby further authorized and empowered to
institute and maintain any further legal actions and proceedings for the enforcement
hereof, now existing or heretofore or hereafter provided, which may be available
to him/her; determination as to whether a violation has occurred shall be
made by the Code Enforcement Housing Officer.
C.
D.
The Code Enforcement Housing Officer shall serve as the Rental Housing Officer pursuant to Chapter 70 of the Code of the Town of Clinton (Ordinance No. 05-12).
(1)
The Code Enforcement Housing Officer shall be authorized to issue permits and conduct inspections pursuant to § 70-9C of the Code of the Town of Clinton (Ordinance No. 05-12).
(2)
The Code Enforcement Housing Officer shall make all inspections
and reinspections of rental units prior to the issuance of a rental certificate
of occupancy.
Whenever the Code Enforcement Housing Officer shall ascertain that any of the provisions of Chapter 88, Land Use, are being violated, he/she shall:
A.
Promptly notify the person committing such violation
to cease and desist from continuing such violation. In addition, he/she should
inform the person of the nature of the violation, identifying the ordinance
or statute that is being violated. If possible, he/she should offer suggestions
as to a remedy that would cure an alleged violation. If such violation consists
of the construction or erection of an illegal building or structure or an
illegal alteration or conversion of an existing building or structure, he/she
shall take such steps that are appropriate and lawful under the circumstances.
B.
Sign and file a complaint alleging the violation in the Municipal Court, in the manner prescribed by law and the rules governing the practice in such Court. With the advice of the Municipal Attorney, he/she may also institute further proceedings in the Superior Court when, in his/her opinion, the same are warranted, to enjoin said violation and to effect the discontinuance thereof. Nothing herein shall prevent any person other than the Code Enforcement Housing Officer from instituting a complaint for any violation of Chapter 88, Land Use, in the manner prescribed by law.
In the enforcement of Chapter 88, Land Use, the Code Enforcement Housing Officer may apply to the Judge of the Municipal Court for a warrant or warrants to search and inspect the properties and premises upon which he/she has reason to believe any violation of Chapter 88, Land Use, has taken or is taking place, and, upon probable cause shown, the Judge may issue such a warrant or warrants in the manner authorized by law, and the information obtained pursuant thereto shall be admissible as evidence in any court of competent jurisdiction for the purposes of proving any case brought for violation of Chapter 88, Land Use.
In addition to the duty of enforcement of Chapter 88, Land Use, and prosecuting the violations thereof, the Code Enforcement Housing Officer shall:
A.
Report to the Board of Adjustment with respect to matters which are properly before the Board, and otherwise conduct investigations, report to and be responsible to the Mayor and Council with respect to matters pertaining to the Zone Plan and Chapter 88, Land Use, and otherwise within his/her jurisdiction.
B.
Start and maintain an accurate and complete file with respect to every alleged violation of Chapter 88, Land Use, or other matter investigated and processed by him/her.
C.
File a monthly report of his/her activities, including
the complaints and cases processed by him/her and the disposition thereof,
with the Mayor and Council of the Town of Clinton.
The salary of the Code Enforcement Housing Officer shall be as set by
the Mayor and Council of the Town.
A.
The office of Deputy Code Enforcement Housing Officer
of the Town of Clinton is hereby created. Appointments to the office of Deputy
Code Enforcement Housing Officer shall be made by the Mayor, subject to confirmation
by the Council of the Town of Clinton. The term of office shall be one year.
B.
The Deputy Code Enforcement Housing Officer shall fill
the office of the Code Enforcement Housing Officer, with all the powers thereof,
in the event of incapacity, conflict, death, absence, resignation or removal
of the Code Enforcement Housing Officer, upon the approval of the Mayor and
Council.
C.
When filling in for the Code Enforcement Housing Officer, the Deputy Code Enforcement Housing Officer shall have concurrent jurisdiction with the Code Enforcement Housing Officer with respect to issuance of notices to individuals to cease and desist from violating the Zoning Ordinance, to sign and file complaints alleging the violation of any Zoning Ordinance in a Municipal Court in the Town of Clinton, as outlined in Chapter 88, Land Use, and may take any other action which the Code Enforcement Housing Officer is authorized to take pursuant to this ordinance or at law.
D.
The salary of the Deputy Code Enforcement Housing Officer
shall be as set by the Mayor and Council of the Town.
