[Res. No. 136-06, 12-26-2006]
(a)
The office of Code Enforcement Officer is hereby created and shall
be administered by the Fire Chief or his designee. The Code Enforcement
Officer shall possess background experience related to building construction
or fire prevention and shall, within the time constraints prescribed
by law, obtain such training as the State of New York shall require
for code enforcement officials.
(b)
In the absence of the Code Enforcement Officer, or in the case of
his inability to act for any reason, the Mayor shall have the power,
with the consent of the Common Council, to designate a person to act
in behalf of the Code Enforcement Officer and to exercise all the
powers conferred upon him by this chapter.
(c)
The Mayor, with the approval of the Common Council, 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.
(d)
The Code Enforcement Officer shall administer and enforce all the
provisions of the Uniform Code, ordinances and all regulations pertaining
to building construction, including receiving building permit applications,
reviewing plans and specifications, conducting inspections, and issuing
permits for the erection, alteration, relocation, addition, repair
and/or demolition of buildings and structures. He shall issue certificates
of occupancy, collect fees as set forth by the Common Council and
oversee the maintaining and filing of all records necessary for the
administration of the office to the satisfaction of the Common Council.
(e)
The Code Enforcement Officer is authorized to pursue administrative
actions and, in consultation with the City Attorney, legal action
as necessary to abate conditions not in compliance with the New York
State Uniform Fire Prevention and Building Code, ordinances, or other
laws, rules or regulations of the City of Olean or of the State of
New York.
(f)
The Code Enforcement Officer shall have the authority to issue appearance
tickets in accordance with Section 150 of the Criminal Procedure Law
of New York State.
(g)
The Code Enforcement Officer shall issue all appropriate notices
or orders to remove illegal or unsafe conditions, to require the necessary
safeguards during construction, and to ensure compliance during the
entire course of construction with the requirements of such laws,
ordinances, or regulations. He shall make all inspections which are
necessary or proper for the carrying out of his duties. He may accept
written reports of inspection from code enforcement officials or other
employees of the Code Enforcement Office or from generally recognized
and authoritative service and inspection bureaus, provided such reports
are certified by a responsible official thereof.
[Res. No. 136-06, 12-26-2006]
No officer or employee of the Code Enforcement Office shall
engage in any activity inconsistent with his duties or with the interests
of the Office of Code Enforcement; nor shall be be engaged directly
or indirectly in any building business, 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; excepting only that this provision shall not prohibit
any employee from such activity in connection with the construction
of a building or structure owned by him, and not constructed for sale.
[Res. No. 136-06, 12-26-2006]
(a)
The Code Enforcement Officer shall receive applications and issue
permits for the erection, alteration, removal, and demolition of buildings,
or structures or parts thereof, and shall examine the premises for
which such applications have been received or such permits have been
issued for the purpose of ensuring compliance with laws, ordinances,
and regulations governing building construction.
(b)
Whenever such reports may be necessary or appropriate to assure compliance
with the provisions of applicable laws, ordinances, or regulations
covering building construction, he may require the performance of
tests in the field by experienced, professional persons or by accredited
and authoritative testing laboratories or service bureaus or agencies.
(c)
The Code Enforcement Officer shall annually submit to the Secretary
of State on behalf of the Common Council, on a form prescribed by
the Secretary, a report of its activities relative to administration
and enforcement of the Uniform Code.
[Res. No. 136-06, 12-26-2006]
The Code Enforcement Officer shall keep permanent official records
of all transactions and activities conducted by him, including all
applications received, permits and certificates issued, fees charged
and collected, inspection reports, and notices and orders issued.
All such records shall be public records open to public inspection
during business hours.
[Res. No. 136-06, 12-26-2006]
The Code Enforcement Officer shall annually submit to the Common
Council a written report and summary of all business conducted by
the Code Enforcement Office, including permits and certificates issued,
fees collected, orders and notices promulgated, inspections and tests
made, and appeals or litigation pending.
[Res. No. 136-06, 12-26-2006]
The Code Enforcement Officer may request and shall receive,
so far as may be necessary in the discharge of his duties, the assistance
and cooperation of the Police, Fire, and Health Departments and of
all other municipal officials exercising any jurisdiction over the
construction, use, or occupancy of buildings, or the installation
of equipment therein.
[Res. No. 136-06, 12-26-2006]
Whenever there are reasonable grounds to believe that any material,
construction, equipment, or assembly does not conform with the requirements
of the applicable building laws, ordinances, or regulations, the Code
Enforcement Officer may require such material, equipment, etc., to
be subjected to tests in order to furnish proof of such compliance.
[Res. No. 136-06, 12-26-2006]
(a)
Upon determination that a violation of this chapter or the Uniform
Code exists in, on, or about any building or premises, the Code Enforcement
Officer shall order in writing the remedying of the condition. Such
order shall state the specific provision of the Uniform Code or ordinance
which the particular condition violates and shall grant such time
as may be reasonably necessary for achieving compliance before proceedings
to compel compliance shall be instituted. Such order shall be served
personally or by notification by registered mail.
(b)
Any person who shall fail to comply with a written order of the Code Enforcement Officer within the time fixed for compliance therewith; any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents; or any other person who shall knowingly violate any of the applicable provisions of this chapter, or any lawful order, notice, directive, permit, or certificate of the Code Enforcement Officer made thereunder, shall be punished as prescribed in section 1-8.
(c)
The civil penalties provided by this subdivision shall be recoverable
in an action instituted in the name of the City of Olean on its own
initiative or at the request of the Code Enforcement Officer.
(d)
The application of the penalty in this section shall not be held
to prevent the enforced removal of prohibited conditions.
