[Amended 9-2-2008 by L.L. No. 8-2008]
The Common Council finds that the city needs to establish a Bureau of Code Enforcement to adopt a uniform plan for implementation, administration and enforcement of state statues, local laws, ordinances and rules and regulations that are designed to protect and promote the health, safety and welfare of the citizens of the City of Fulton and those persons using areas of public assembly in the City of Fulton; and to specifically designate personnel and procedures in the administration and enforcement of the New York State Uniform Fire Prevention and Building Code, in accordance with Title 19 of the New York Code Rules and Regulations, Part 1203.
[Amended 10-3-1995 by L.L. No. 11-1995]
There is hereby established a Bureau of Code Enforcement within the City of Fulton, which is charged with the duty and responsibility for the administration and enforcement of the following: New York State Uniform Fire Prevention and Building Code, the Property Conservation Code (Chapter 120 of the City Code[1]); the Brush, Grass and Weeds Ordinance (Chapter 51 of the City Code[2]); the Unsafe Buildings Ordinance (Chapter 53 of the City Code[3]); the Electrical Standards Ordinance (Chapter 61 of the City Code[4]); the Flood Damage Prevention Ordinance (Chapter 80 of the City Code); the Junkyards Ordinance (Chapter 97 of the City Code[5]); the Secondhand Property Sales Ordinance (Chapter 134 of the City Code[6]); the Smoke Control Ordinance (Chapter 141 of the City Code[7]); the Swimming Pools Ordinance (Chapter 151 of the City Code[8]); the Abandoned Vehicles Ordinance (Chapter 162 of the City Code[9]); the Zoning Ordinance (Chapter 177 of the City Code[10]); the Plumbing Code; and any other state code or city ordinance as hereafter added by resolution of the Common Council of the City of Fulton.
[1]
Editor's Note: See now Ch. 475, Property Conservation.
[2]
Editor's Note: See now Ch. 253, Brush, Grass and Weeds.
[3]
Editor's Note: See now Ch. 262, Buildings, Unsafe.
[4]
Editor's Note: See now Ch. 300, Art. II, Electrical Licenses.
[5]
Editor's Note: See now Ch. 341, Flood Damage Prevention.
[6]
Editor's Note: See now Ch. 506, Art. II, Secondhand Property Sales.
[7]
Editor's Note: See now Ch. 204, Air Pollution.
[8]
Editor's Note: See now Ch. 549, Swimming Pools.
[9]
Editor's Note: See now Ch. 601, Vehicles, Abandoned.
[10]
Editor's Note: See now Ch. 640, Zoning.
The organization of the Bureau of Code Enforcement shall be as follows:
A. 
Bureau Chief. The Bureau Chief shall have the following qualifications and state certifications: Basic Code Enforcement Training Certification as prescribed by Part 434, Section 6, as prescribed by Title 19 NYCRR Part 434 of the Minimum Standards for Code Enforcement Personnel in the State of New York; and shall have at least five (5) years' experience in governmental code enforcement or in management or its functional equivalent. The Bureau Chief shall report to the Mayor.
B. 
City Engineer. The City Engineer shall be appointed in the manner provided by the City Charter. The City Engineer shall report to the Bureau Chief. If the position of City Engineer is vacant or if the City Engineer is unable to act, the Bureau Chief shall assume all duties of the City Engineer which do not require the performance of an actual licensed engineer by state law or federal law. All local laws, ordinances and resolutions requiring the City Engineer to act shall be deemed to read as the Bureau Chief if the position of the City Engineer shall be vacant or if the City Engineer is unable to act.
C. 
Zoning Inspector. There shall be a Zoning Inspector who shall be appointed in the manner provided by the Zoning Ordinance of the City of Fulton.[1] The Zoning Inspector shall report to the Bureau Chief. The Zoning Inspector shall perform such tasks as defined in the City Charter, the Code of the City of Fulton and as assigned by the Bureau Chief; including acting as the Handicapped Enforcement Officer.
[1]
Editor's Note: See Ch. 640, Zoning.
D. 
Housing Inspector. There shall be a Housing Inspector who shall be appointed in the manner provided by the City Charter or the Code of the City of Fulton. The Housing Inspector shall report to the Bureau Chief. The Housing Inspector shall perform such tasks as defined in the City Charter, the Code of the City of Fulton or as assigned by the Bureau Chief.
E. 
Building Inspector. There shall be a Building Inspector who shall be appointed in the manner provided by the City Charter or the Code of the City of Fulton. The Building Inspector shall report to the Bureau Chief. The Building Inspector shall perform such tasks as defined in the City Charter, the Code of the City of Fulton or as assigned by the Bureau Chief or his designee.
F. 
Plumbing Inspector. There shall be a Plumbing Inspector who shall be appointed in the manner provided by the General City Law of the State of New York. Subject to the said General City Law, the Plumbing Inspector shall report to the Bureau Chief. The Plumbing Inspector may be a person, a corporation or any other form of legal entity. The Plumbing Inspector shall perform such tasks as defined in the City Charter, the Code of the City of Fulton or as assigned by the Bureau Chief.
G. 
Electrical Inspector(s). There shall be an Electrical Inspector(s) who shall be appointed in the manner provided by the Electrical Standards Ordinance of the City of Fulton.[2] The Electrical Inspector(s) shall report to the Bureau Chief. The Electrical Inspector(s) may be person, a corporation or any other form of legal entity.
[2]
Editor's Note: See Ch. 300, Art. II, Electrical Licenses.
H. 
(Reserved)
I. 
Manner of appointment/compensation. Unless otherwise provided by state law, this local law or by city ordinance, all persons above named shall be appointed by the Mayor with the consent, by resolution, of the Common Council. All appointed persons shall earn compensation to be set by the Mayor and the Common Council or by a collective bargaining agreement, if applicable. All appointed persons who are members of the City of Fulton Fire Department or the City of Fulton Police Department shall not earn compensation in excess of that which he or she earns due to his/her rank in the Fulton Fire Department or the Fulton Police Department.
J. 
Continued certification and training. Each person appointed pursuant to this local law shall maintain such level of certification and training as prescribed by the State of New York and/or as reasonably prescribed by the Mayor and Common Council. Any divestment of the certification(s) required by this local law, for any reason, will necessitate disciplinary action and/or removal, as decided by the appointing authority.
No employee of the Bureau shall engage in any activity inconsistent with his/her duties or the interests of the Bureau; nor shall be/she, during the term of his/her employment, be engaged directly in any building business or in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof within the City of Fulton, except that this section shall not prohibit any employee from such activities in connection with the construction of a building or structure owned by him to be used as a single-family dwelling and as a permanent residence for said employee.
A. 
Except as otherwise specifically provided by the law, ordinance, rule or regulation or except as herein otherwise provided, the Bureau Chief shall administer and enforce or shall cause to be administered and enforced all provisions of the New York State Uniform Fire Prevention and Building Code and all other statutes or codes identified in § C151(B); and any other laws, ordinances, rules and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures and the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof. This local law shall be deemed to apply to all buildings and structures, whether wholly or partially occupied, and whether wholly or partially vacant.
B. 
The Bureau Chief shall receive applications, issue, deny and revoke building permits and certificates of occupancy or compliance for the erection, alteration, removal and demolition of buildings or structures or parts thereof. This duty shall be delegable to any other member of the Bureau as-designated by the Bureau Chief in writing, except as provided in § C152(G) with respect to stop-work orders or except as otherwise provided in this Title.
C. 
The Bureau Chief shall issue or shall cause to be issued written orders to remedy violations of this chapter or the New York State Uniform Fire Prevention and Building Code and other laws, ordinances, rules and regulations, as set forth in § C151(B) above.
D. 
The Bureau Chief shall make or cause to be made all inspections which are necessary to ensure compliance with the New York State Uniform Fire Prevention and Building Code and the Charter and ordinances of the City of Fulton, except that he may accept written reports of inspection from inspectors or employees or other agencies and inspection bureaus, provided that the same are certified by a responsible official thereof.
E. 
The Bureau Chief and his designee shall issue special permits for the storage and handling of hazardous, flammable, combustible or explosive materials, liquids and gases and set fees for permits, which fees shall be approved by the Common Council.
F. 
The Bureau Chief and his designee(s) shall have the authority to issue appearance tickets to persons who are in violation of the New York State Uniform Fire Prevention and Building Code and any other statute, law, ordinance, rule and regulation set forth in § C151(B) above. The appearance tickets shall be issued on a form prescribed by the City Attorney, if there be one.
[Amended 12-16-2008 by L.L. No. 9-2008]
A. 
The Bureau Chief shall keep permanent official records of all transactions and activities conducted by the Bureau, including all applications received, plans approved, permits and certificates issued, denied and revoked, fees charged and collected, inspection reports and all rules and regulations promulgated and notices and orders issued.
B. 
The Bureau Chief shall monthly submit to the Mayor and Common Council a written report of all business conducted by the Bureau.
No officer, agent or employee of the City of Fulton shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this local law.