[HISTORY: Adopted by the Town Board of the Town of Lima as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction, fire prevention — See Ch. 92.
Zoning enforcement — See Ch. 250, Art. XIV.
[Adopted 3-2-1989 by L.L. No. 1-1989]
A. 
In accordance with the powers conferred upon the Town pursuant to Municipal Home Rule Law § 10, Town Law § 138 is overruled and declared inapplicable to the Town of Lima insofar as it requires or may require that a building inspector and/or zoning enforcement officer hired by the Town of Lima be a resident of said Town.
B. 
In all other respects, Town Law § 138 shall be applicable to the Town of Lima.
[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.
A. 
Except as otherwise specifically provided by law, ordinance, rule or regulation or except as herein otherwise provided, the Code Enforcement Officer shall administer and enforce all of the provisions of laws, ordinances, rules and regulations applicable to the plans, specifications or permits for the construction, alteration and repair of buildings and structures, the installation and use of materials and equipment therein and the location, use and occupancy thereof.
B. 
The Code Enforcement Officer shall promulgate rules and regulations, subject to the approval of the Town Board, to secure the intent and purposes of this article and a proper enforcement of the laws, ordinances, rules and regulations governing building plans, specifications, construction, alteration or repairs.
C. 
The Code Enforcement Officer shall receive applications, approve plans and specifications and issue permits for the erection and alterations of buildings or structures or parts thereof and shall examine the premises for which such applications have been received, plans approved or such permits have been issued for the purpose of ensuring compliance with laws, ordinances, rules and regulations governing building construction or alterations.
D. 
The Code Enforcement Officer 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 agent personally or by sending by certified mail, return receipt requested, a copy of such order to the owner or his 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/her duties, except that he/she may accept written reports of inspection from Building Inspectors or other employees of the Building Department or from generally recognized and authoritative service and inspection bureaus or agencies, provided that the same are certified by a responsible official thereof.
E. 
Whenever the same may be appropriate to determine compliance with the provisions of applicable laws, ordinances, rules and regulations covering building construction or alteration, the Code Enforcement Officer may, in his/her discretion, accept and rely upon written reports of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service and inspection bureaus or agencies.
F. 
The Code Enforcement Officer shall issue a certificate of occupancy where appropriate for a building constructed or altered in accordance with the provisions of the State Building Construction Code, which such certificate shall certify that the building conforms to the requirements of the State Uniform Fire Prevention and Building Code.
G. 
The Code Enforcement Officer shall handle the processing of special use permits, variances, building permits and all applications for zoning and/or building.
[Added 11-6-1997 by L.L. No. 3-1997]
A. 
The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by him/her, including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all rules and regulations promulgated by him/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. 
The Code Enforcement Officer shall, on a monthly basis, submit to the Town Board a written report and summary of all business conducted by the Building Department, including approvals, permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending or concluded. An annual detailed report shall be prepared and presented to the Board for its review prior to its second meeting in the month of January of the following year.
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,[1] or any applicable local ordinance or law. Each day that a violation continues shall be deemed a separate offense.
[1]
Editor's Note: Executive Law § 385 was repealed by L. 1981, c. 707, § 12.
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.