[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); the Brush, Grass and Weeds Ordinance (Chapter
51 of the City Code); the Unsafe Buildings Ordinance (Chapter
53 of the City Code); the Electrical Standards Ordinance (Chapter
61 of the City Code); the Flood Damage Prevention Ordinance (Chapter
80 of the City Code); the Junkyards Ordinance (Chapter
97 of the City Code); the Secondhand Property Sales Ordinance (Chapter
134 of the City Code); the Smoke Control Ordinance (Chapter
141 of the City Code); the Swimming Pools Ordinance (Chapter
151 of the City Code); the Abandoned Vehicles Ordinance (Chapter
162 of the City Code); the Zoning Ordinance (Chapter
177 of the City Code); 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.
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. 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.
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. 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.
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.
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.