Village of Lancaster, NY Officers and Employees

The Board of Trustees of the Village of Lancaster declares it to be its official policy that any or all department heads, employees, officers and officials of said Village shall, as a basic prerequisite to the holding of any of the above-mentioned positions, be a resident of the Village of Lancaster at all times during their employment by said Village.

§ 42-2 Exceptions.

[Amended 9-13-2004 by L.L. No. 5-2004]

The only exceptions to the above-mentioned policy shall be those exceptions approved by the Board of Trustees of the Village of Lancaster upon a showing by any particular employee, department head, officer or official of said Village that the requirement of residency causes an undue hardship to said individual and upon a finding by the Board of Trustees of the Village of Lancaster that it would be in the best interests of all interested parties to exempt said employee, department head, officer or official from the terms and conditions of its policy statement. Only residents of the County of Erie may apply for the exception set forth herein.

Article II Appointment and Qualifications; Records; Reporting

[Adopted 4-26-2021 by L.L. No. 5-2021]

§ 42-3 Appointment and qualification of Building Inspector.

The Building Inspector shall be appointed by a resolution of the Village Board of the Village of Lancaster. The Building Inspector shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Building Inspector shall obtain certification from the Department of State pursuant to the Executive Law and the regulations promulgated thereunder.

§ 42-4 Appointment and qualification of Code Enforcement Officer.

The Code Enforcement Officer shall be appointed by a resolution of the Village Board of the Village of Lancaster. The Code Enforcement Officer shall possess background experience related to building construction, maintenance and fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel.

§ 42-5 Appointment and qualification of Fire Inspector.

The Fire Inspector shall be appointed by a resolution of the Village Board of the Village of Lancaster. The Fire Inspector shall possess background experience related to fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for fire inspection personnel.

§ 42-6 Liability of Building Inspector, Fire Inspector and Code Enforcement Officer.

The Building Inspector, Fire Inspector and Code Enforcement Officer, while acting pursuant to the provisions of the Village Code, shall not be personally liable for any damage that may accrue to persons or property as the result of any act required or permitted in the discharge of his or her official duties, providing that such acts are performed in good faith without gross negligence.

§ 42-7 Recordkeeping.

The Fire Inspector and Code Enforcement Officer shall provide to the Town of Lancaster Building Department records of all transactions and activities conducted by each, including records of:

(1)

All applications received, reviewed and approved or denied;

(2)

All plans, specifications and construction documents approved;

(3)

All building permits, certificate of occupancy, temporary certificates, stop-work orders, and operating permits issued;

(4)

All inspections and tests performed;

(5)

All statements and reports issued;

(6)

All complaints received;

(7)

All investigations conducted;

(8)

All condition assessment reports received and;

(9)

All fees charged and collected.

(10)

All other features and activities specified in or contemplated by Chapter 104, Building Construction.

[Added 12-12-2022 by L.L. No. 7-2022]

All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by state law and regulation.

§ 42-8 Program review and reporting.

The Building Inspector, Fire Inspector and Code Enforcement Officer shall annually submit to the Village Clerk a written report and summary of all business conducted by each, including a report and summary of all transactions and activities described in § 42-7, Recordkeeping and a report and summary of all appeals or litigation pending or concluded.

If required by New York State law or regulation the Building Inspector, Fire Inspector and Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of the Village on a form prescribed by the Secretary of State, a report of the activities of the Village relative to administration and enforcement of the New York State Uniform Fire Prevention and Building Code.

The Building Inspector shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials the Village of Lancaster is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of the Village of Lancaster in connection with administration and enforcement of the New York State Uniform Fire Prevention and Building Code.

Copies of all records and reports prepared pursuant to this section shall be timely provided to the Town of Lancaster Building Department.

[Added 12-12-2022 by L.L. No. 7-2022]