[Adopted 3-2-1989 by L.L. No. 1-1989]
[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.
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, or any applicable local ordinance or law. Each day that
a violation continues shall be deemed a separate offense.
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.