This chapter shall provide for administration and enforcement
of the New York State Uniform Fire Prevention and Building Code, the
State Energy Code and such other laws as are applicable to the construction
in the State of New York (collectively, "Uniform Code") in the Town
of Grand Island. This chapter is adopted pursuant to § 10
of Article 2 of the Municipal Home Rule Law. Except as otherwise provided
within this chapter, state law, or within the Uniform Code, all premises,
regardless of use, are subject to the provisions which follow.
The Town Board may, by resolution, authorize the Supervisor
to enter into a contract with other governments to carry out the terms
of this chapter.
The office of Code Enforcement Officer is hereby created and
shall be filled by an appointment of the Town Board. The Code Enforcement
Officer shall possess background experience related to building construction
or fire prevention and shall, within the time constraints proscribed
by law, obtain such training as the State of New York shall require
for code enforcement personnel.
A. In the absence of the Code Enforcement Officer, or in the case of
his inability to act for any reason, the Town Board shall have the
power to designate a person to act on behalf of the Code Enforcement
Officer and to exercise all the powers conferred upon him by this
chapter.
B. The Town Board may appoint one 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.
C. The Code Enforcement Officer shall administer and enforce all the
provisions of the Uniform Code and the provisions of this chapter,
including receiving building permit applications, reviewing plans
and specifications, conducting inspections, issuing permits for the
erection, alteration, relocation, addition, repair and/or demolition
of buildings and structures, issuing certificates of occupancy, and
maintaining and filing all records necessary for the administration
of the office to the satisfaction of the Town Board. The Code Enforcement
Officer is authorized to pursue administrative actions and in consultation
with the Town prosecutor and/or attorneys for the Town legal action
as necessary to abate conditions not in compliance with this chapter,
or other laws, rules or regulations of the Town of Grand Island or
of the State of New York.
No official or employee of the Code Enforcement Department shall
engage in any activity inconsistent with his or her duties or with
the interests of the Code Enforcement Department; nor shall he or
she, during the term of his or her employment, examine, pass upon,
or approve any plans, specifications, work, construction, materials,
or appliances upon which he or she is or has been directly or indirectly
engaged or in which he or she may have had any interest, share, or
investment.
A fee schedule shall be established, and changed as needed,
by resolution of the Town Board. Such fees may be charged for the
issuance of permits, certificates of occupancy, temporary certificates
of occupancy, and for firesafety inspections.
The chief of any fire department providing fire-fighting services
for a property within the Town shall promptly notify the Code Enforcement
Officer of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney or gas vent.
The Code Enforcement Officer shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, this chapter, or any other law
or regulation adopted for administration and enforcement of the Uniform
Code or Town Code. The process for responding to a complaint shall
include such of the following steps as the Code Enforcement Officer
may deem to be appropriate:
A. Performing an inspection of the conditions and/or activities alleged
to be in violation and documenting the results of such inspection;
B. If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in the §
125-13 of this chapter;
C. If appropriate, issuing a stop-work order;
D. If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
Whenever the Code Enforcement Officer has reason to believe
that the work on any building or structure is being performed in violation
of the provisions of the applicable building laws, ordinances, rules
or regulations, or not in conformity with the provisions of an application,
or in an unsafe and dangerous manner, he or she shall notify the owner
of the property, or the owner's agent, to suspend all work and
suspend all building activities until the stop-work order has been
rescinded. Such order and notice shall appear in writing, shall state
the conditions under which the work may be resumed and may be served
upon a person to whom it is directed either by delivering it personally
to him or her, or by posting the same upon a conspicuous portion of
the building where the work is being performed and sending a copy
of the same to him or her by certified mail at the address set forth
in the application for the permission of the construction of such
building.