[Amended 8-17-2010 by L.L. No. 9-2010]
A.
This chapter shall be administered and enforced by
the Town of Greece Building Inspector. The Building Inspector shall
be assisted by a staff consisting of Assistant Building Inspectors,
clerks, typists and any other employee or person designated by the
Town Board or Building Inspector to assist in carrying out the duties
of the Building Inspector. When used in this chapter, the term "Town
of Greece Building Inspector" shall have the same meaning as the "Town
of Greece Code Enforcement Officer" or his designee, and the term
"Fire Marshal" shall have the same meaning as the "Town of Greece
code enforcement personnel."
B.
The Building Inspector and Fire Marshal may, between
the hours of 8:00 a.m. and 10:00 p.m. or, if different, during normal
business hours, enter any building or premises within the Town of
Greece for the purpose of making any inspection or investigation to
ensure compliance with the provisions of this chapter, the Uniform
Code and Part 444 of the Executive Law.[1] Entry into legally occupied private residences or other residential tenancies where there exists an individual privacy right shall be permitted only when the Building Inspector or Fire Marshal has either obtained the informed consent of the property owner or person with a privacy right to the property, or obtained an appropriate search warrant, or acts in the belief that there exist exigent circumstances whereby immediate entry into a residence is required to ensure the protection of life, safety or property (as required by Chapter 114, Fire Prevention and Building Construction, of the Code of the Town of Greece).
[1]
Editor's Note: Article 18 of the Executive Law is the New
York Uniform Fire Prevention and Building Code Act. (Title 19 NYCRR).
C.
Should entrance upon a site to make an inspection required by this chapter or the Uniform Code be denied, or if permission cannot be obtained to make such an inspection, application may be made for a warrant to make such inspection to any court of competent jurisdiction (as required by Chapter 114, Fire Prevention and Building Construction, of the Code of the Town of Greece).
D.
Identification of inspectors. The Building Inspector
or his/her duly authorized representative shall provide, upon request,
proper identification prior to conducting a routine or emergency inspection
of any building or premises.
E.
Posting with placards.
(1)
The Building Inspector or his/her representative shall
be authorized to affix to any building or premises a placard for the
purpose of notifying the owner, occupants and the general public that
the building or premises is subject to enforcement proceedings by
the Town of Greece. The placard may be placed anywhere on the building
or premises that the Inspector determines will be readily noticeable
and accessible.
(2)
The nature of the placard to be used may be determined
by the Inspector based upon the nature of the problem or condition.
The placard may specify "Keep Out" or "Not To Be Occupied Until a
Certificate of Occupancy Is Issued" or "Not To Be Demolished or Reconstructed
Until a Permit Is Issued" or "Stop Work" or any other form of notice,
or any combination of the above notices deemed appropriate by the
Building Inspector.
(3)
No person shall remove, deface, conceal or destroy
any such placard affixed by the Building Inspector or his/her duly
authorized representative.
[Amended 8-17-2010 by L.L. No. 9-2010]
A.
Commencement of proceedings. Whenever the Building
Inspector or his/her duly authorized representative has inspected
any building or premises and has determined that said building or
premises is in violation of any provision of this chapter, he/she
shall commence proceedings to cause the cleanup, repair, rehabilitation,
vacation or demolition of the building or premises.
B.
Routine action. Whenever the Building Inspector or
his/her duly authorized representative determines that a building,
premises or land is in violation of any provision of this chapter,
he/she shall give notice of the violation or violations as herein
provided.
C.
Notice.
(1)
Such
notice shall be given by first class mail, addressed to the last known
owner at the address as shown by the records of the Monroe County
Clerk, and within five calendar days of such mailing, such notice
shall be given by:
(a)
Personal delivery upon such owner or owners of property; or
(b)
Personal delivery to the occupant of the building or premises or
to the person or individual using the land or to the person or persons
allegedly responsible for such violation; or
(c)
Posting the notice on the building, premises or land where the violations
are deemed to exist.
(2)
The
depositing of the notice into a depository, maintained under the exclusive
control of the United States Postal Service, shall be deemed sufficient
to satisfy the mailing requirement.
(3)
Such
notice shall be in writing and shall specify the alleged violation
and shall provide a reasonable time of not less than five days for
compliance and shall be served as stated above. Such notice may contain
an outline or mention of the remedial action that will be taken to
effect compliance in the event the owner, occupant, agent or operator
does not comply with said notice within the time period specified
therein. The Building Inspector or his/her duly authorized representative
may extend the compliance time specified in any notice issued under
the provisions of this chapter where there is evidence of intent to
comply within the period specified, provided that reasonable conditions
exist which prevent immediate compliance.
D.
Emergency
action.
(1)
Whenever
the Building Inspector or his/her duly authorized representative has
determined that a condition exists which poses an immediate threat
to life, health or safety, he/she may, without prior notice, issue
a notice citing the violation and ordering that such action be taken
as is necessary to remove or abate the hazard or danger. Such notice
may include an order to vacate, board up, fence off or demolish. Notwithstanding
any other provision of this chapter, such an order shall be effective
immediately upon mailing, delivery or posting of the notice of the
violation or violations as herein provided.
(2)
Notice.
(a)
Such notice shall be given by first class mail, addressed to the
last known owner at the address as shown by the records of the Monroe
County Clerk, and within five calendar days of such mailing, such
notice shall be given by:
[1]
Personal delivery upon such owner or owners of property; or
[2]
Personal delivery to the occupant of the building or premises or
to the person or individual using the land or to the person or persons
allegedly responsible for such violation; or
[3]
Posting the notice on the building, premises or land where the violations
are deemed to exist.
(b)
The depositing of the notice into a depository, maintained under
the exclusive control of the United States Postal Service, shall be
deemed sufficient to satisfy the mailing requirement.
(c)
Such notice shall be complied with immediately or as otherwise provided.
The Building Inspector or his/her duly authorized representative may
extend the compliance time specified in any order issued under the
provisions of this chapter where there is evidence of intent to comply
within the period specified, provided that reasonable conditions exist
which prevent immediate compliance. Whenever the Building Inspector
or his/her duly authorized representative determines that the condition
which poses an immediate threat to life, health or safety has not
been corrected in the time specified by the order issued, he/she may
take such direct action as is necessary, including demolition or whatever
other action may be required to remove or abate the hazard or danger.
Expenses incurred in the execution of such orders shall be recovered
as provided herein.
[Amended 8-17-2010 by L.L. No. 9-2010]
A.
Whenever a notice or notices referred to above have
been given, and the violations continued to exist beyond the time
specified in the notice or notices, the Building Inspector or his/her
duly authorized representative may authorize the work to be done and
pay the cost thereof out of general Town funds.
B.
The Town shall be reimbursed for the cost of the work
performed or services rendered by direction of the Building Inspector
or his/her representative, as hereinabove provided, by assessment
and levy upon the lots or parcels of land wherein such work was performed
or such services rendered, and the expense so assessed shall constitute
a lien and charge on the real property on which it is levied until
paid or otherwise satisfied or discharged and shall be collected in
the same manner and at the same time as other Town charges.
[Amended 8-17-2010 by L.L. No. 9-2010; 4-18-2016 by L.L. No. 1-2016]
The Town of Greece Code Compliance Officer or
his /her designee shall have the following alternative remedies for
enforcement of this chapter:
A.
Appearance
tickets. The Building Inspector or his/her representative shall have
the authority, pursuant to the New York State Criminal Procedure Law,
to issue an appearance ticket subscribed by him/her, directing a designated
person to appear in a designated local criminal court at a designated
future time in connection with the alleged commission of a designated
violation of this chapter or any order made thereunder.
B.
Penalties
for offenses. Any person who fails to comply with any provision of
this chapter or fails to comply with any notice, order or directive
of the Building Inspector or his/her representative after expiration
of the time for compliance established in accordance with this chapter
shall, upon conviction, be punished by a fine of not more than $1,000
or by imprisonment not to exceed 15 days, or both, for such violation.
In the event of any failure to so comply, each and every day that
such violation continues shall constitute a separate offense, and
the penalties prescribed above shall be applicable to each such separate
offense.
C.
Penalties for offenses under § 157-7B, habitually noncompliant vacant buildings or structures. Any person who is found to be owning or having charge or control of any building or structure that is habitually noncompliant under § 157-7B of this chapter shall, upon conviction of any violation of this chapter relating to said building or structure, be punished by the maximum fine of $1,000 or by imprisonment of 15 days, or both, for such violation. In the event of any failure to so comply, each and every day that such violation continues shall constitute a separate offense, and the penalties described above shall be applicable to each such separate offense.
[Added 8-17-2010 by L.L. No. 9-2010]
If any clause, sentence, paragraph, section,
article or part of this local law shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder thereof but shall be confined in
its operation to the clause, sentence, paragraph, section, article
or part thereof directly involved in the controversy in which such
judgment shall have been rendered.
[Added 8-17-2010 by L.L. No. 9-2010]
This chapter shall take effect immediately.
