A. 
The Bureau of Code Enforcement of the City of Fulton is hereby designated to administer and secure compliance with this chapter.
B. 
The Bureau shall, under the direction and charge of the Bureau Chief, designate as his representative such assistants and inspectors as may be necessary to carry out effectively the powers and duties of the Bureau.
A. 
The Bureau Chief shall be empowered to adopt rules and regulations necessary for securing compliance with this chapter and for its own organization and internal management, provided that such rules and regulations shall not be in conflict with this chapter.
B. 
It shall be the duty of the Bureau Chief to:
(1) 
Cause periodic inspections to be made of all rental properties to ensure compliance with the City of Fulton Rental Permit Law.[1]
[1]
Editor's Note: See Charter § C152(J).
(2) 
Cause an investigation of all complaints of alleged violations or other unsafe or unsanitary conditions.
(3) 
Request the City Attorney to take appropriate legal action upon failure of the responsible party to comply with any notice of violation within the time specified therein.
(4) 
Keep records of all complaints, inspections made and violations found regarding premises regulated by this chapter. Records of inspections made and violations found shall be available for examination and copying in accordance with the Freedom of Information Law.[2]
[2]
Editor's Note: See Public Officers Law Article 6.
A. 
The Bureau Chief shall be authorized to make or cause to be made inspections to determine the condition of premises in order to safeguard the health, safety and welfare of the public. The Bureau Chief or his designated representative shall be authorized to enter any premises at any reasonable time during business hours or at such other time as may be necessary in any emergency for the purpose of performing his duties under this chapter. Inspections herein authorized shall be limited to the provisions of this chapter.
B. 
Inspectors and authorized personnel of the Bureau shall be supplied with official identification and upon request shall exhibit such identification when entering any premises and all parts thereof.
C. 
Except as provided in Subsection E, access to all parts of any building, premises and parts thereof shall be provided by the owner, operator, agent or occupant thereof to personnel herein for the purpose of making such inspections at any reasonable time during business hours or at such other times as may be necessary in an emergency.
D. 
The interior of owner-occupied residential dwellings or an owner-occupied unit within a two-family residential dwelling and an owner-occupied unit within a multiple dwelling shall not be subject to systematic inspection, as required of rental units, except in the case of an emergency or as otherwise provided by law.
E. 
If the person entitled to possession of any building, premises or part thereof refuse admittance thereto, the Bureau Chief or his duly authorized representative, for the purpose of making an examination or inspection of the premises, shall seek authorization by use of an order to show cause or any other prompt legal means from any court of competent jurisdiction. The moving papers shall recite that he believes or has probable cause, said probable cause justified by a valid public interest, to believe that by an inspection of certain premises designated in his affidavit he will obtain evidence tending to reveal the existence of violations of this chapter. If such probable cause shall appear, the judge shall issue a warrant or order authorizing the Bureau Chief or his representative to inspect the premises named in the affidavit and designated in the warrant to obtain evidence tending to reveal the existence of violations of this chapter.
A. 
Whenever the Bureau Chief determines that there has been a violation or that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or of any other state or local law, ordinance or regulation enforced by the Bureau, he shall give written notice of such violation or alleged violation to the person or persons responsible for such violations.
B. 
Such notices and orders shall:
(1) 
Contain a description of each violation(s).
(2) 
Contain the specific section(s) of how violated.
(3) 
Contain the time within which each violation must be corrected.
(4) 
Outline remedial action which, if taken, shall effect compliance with the provisions of this chapter and any other state or local law, ordinance or regulation enforced by the Bureau.
(5) 
Inform the person to whom it is directed of his right to apply for an administrative hearing before the Bureau Chief or his designated representative, within the shortest period of time given to correct any violation in said notice. When a request for such administrative hearing is requested, the Bureau Chief shall set a time and place for such hearing. The rules of evidence prevailing in courts of record shall not be controlling in such hearings.
C. 
The Bureau Chief may, for good cause shown in his discretion, extend the compliance time specified in any notice and order issued under the provisions of this chapter.
D. 
It shall be sufficient service of a notice and order of the Bureau if said notice shall be sent by certified mail to owner's address of record filed in the Clerk/Chamberlain's or Assessor's office or last known address or place of residence.
[Amended 12-1-2009 by L.L. No. 6-2009]
A. 
Whenever the Bureau Chief shall reject or refuse to approve the mode or manner of construction proposed to be followed or material to be used in the erection or alteration of any building or structure or when it is claimed that the rules and regulations of the Bureau of Code Enforcement or the provisions of this chapter do not apply or that the Bureau Chief is unfair in his decision, the owner of such building or structure or his duly authorized agent may apply for an appeal from the decision or request a variance from the rules and regulations to the Board of Appeals.
B. 
Variance/appeal applications shall be available from the Bureau of Code Enforcement. Once the application has been deemed complete and the application fee of $50 paid to the City of Fulton, the Bureau shall schedule a hearing before the Board at the next scheduled meeting.
C. 
The Board of Appeals, before whom the aforementioned appeal shall be made, shall consist of five members appointed by the Mayor with approval of Common Council and shall be as follows:
(1) 
A New York State registered architect.
(2) 
A New York State registered engineer.
(3) 
A general construction contractor.
(4) 
An owner or manager of a multiple dwelling with the City of Fulton.
(5) 
A resident of the City of Fulton who does not otherwise qualify under Subsection C(1), (2), (3) or (4) above.
D. 
The appointment of Board members shall be for a period of five years. Such appointment shall first be made for a term of one, two, three, four and five years, respectively, so that the term of any one member will expire each year thereafter.
E. 
The Board of Appeals shall have the power to vary or modify any provisions or requirements of this chapter of the Code of the City of Fulton where strict compliance with such provisions or requirements would entail practical difficulties or unnecessary hardship or would otherwise be unwarranted. The Board of Appeals shall ensure that any such variance or modification shall not substantially adversely affect provisions of health and safety and that equally safe and proper alternatives are provided.