[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 75, Amusements
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Chapter 122, Business Identification and Registration
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Chapter 213, Games of Chance
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Chapter 275, Markets
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Chapter 302, Oil and Gas Wells
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Chapter 330, Poles and Wires
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Chapter 352, Railroads
|
Chapter 387, Signs
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Chapter 444, Television Repair
|
Chapter 483, Vending Machines
|
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:
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.