A. 
This chapter shall be administered and enforced by the Town of Gates Building Inspector. The Building Inspector shall be assisted by a staff consisting of the Building Inspector, clerks, typists and any other employee or person designated by the Town Board or Building Inspector to assist in carrying out the duties of the Building Inspector. When used in this chapter, the term "Town of Gates Building Inspector" shall have the same meaning as the "Town of Gates Code Enforcement Officer" or his designee, and the term "Fire Marshal" shall have the same meaning as the "Town of Gates code enforcement personnel."
B. 
The Building Inspector and Fire Marshal may, between the hours of 8:00 a.m. and 10:00 p.m. or, if different, during normal business hours, enter any building or premises within the Town of Gates for the purpose of making any inspection or investigation to ensure compliance with the provisions of this chapter, the Uniform Code and Part 444 of the Executive Law. Entry into legally occupied private residences or other residential tenancies where there exists an individual privacy right shall be permitted only when the Building Inspector or Fire Marshal has either obtained the informed consent of the property owner or person with a privacy right to the property, or obtained an appropriate search warrant, or acts in the belief that there exist exigent circumstances whereby immediate entry into a residence is required to ensure the protection of life, safety or property (as required by the Executive Law of the State of New York).
C. 
Should entrance upon a site to make an inspection required by this chapter or the Uniform Code be denied, or if permission cannot be obtained to make such an inspection, application may be made for a warrant to make such inspection to any court of competent jurisdiction.
D. 
Identification of inspectors. The Building Inspector or his/her duly authorized representative shall provide, upon request, proper identification prior to conducting a routine or emergency inspection of any building or premises.
E. 
Posting with placards.
(1) 
The Building Inspector or his/her representative shall be authorized to affix to any building or premises a placard for the purpose of notifying the owner, occupants and the general public that the building or premises is subject to enforcement proceedings by the Town of Gates. The placard may be placed anywhere on the building or premises that the Inspector determines will be readily noticeable and accessible.
(2) 
The nature of the placard to be used may be determined by the Inspector based upon the nature of the problem or condition. The placard may specify "Keep Out" or "Not To Be Occupied Until a Certificate of Occupancy Is Issued" or "Not To Be Demolished or Reconstructed Until a Permit Is Issued" or "Stop Work" or any other form of notice, or any combination of the above notices deemed appropriate by the Building Inspector.
(3) 
No person shall remove, deface, conceal or destroy any such placard affixed by the Building Inspector or his/her duly authorized representative.
A. 
Commencement of proceedings. Whenever the Building Inspector or his/her duly authorized representative has inspected any building or premises and has determined that said building or premises is in violation of any provision of this chapter, he/she shall commence proceedings to cause the cleanup, repair, rehabilitation, vacation or demolition of the building or premises.
B. 
Routine action. Whenever the Building Inspector or his/her duly authorized representative determines that a building, premises or land is in violation of any provision of this chapter, he/she shall give notice of the violation or violations as herein provided.
C. 
Notice.
(1) 
Such notice shall be given by first class mail, addressed to the last known owner at the address as shown by the records of the Monroe County Clerk, and within five calendar days of such mailing, such notice shall be given by:
(a) 
Personal delivery upon such owner or owners of property; or
(b) 
Personal delivery to the occupant of the building or premises or to the person or individual using the land or to the person or persons allegedly responsible for such violation; or
(c) 
Posting the notice on the building, premises or land where the violations are deemed to exist.
(2) 
The depositing of the notice into a depository, maintained under the exclusive control of the United States Postal Service, shall be deemed sufficient to satisfy the mailing requirement.
(3) 
Such notice shall be in writing and shall specify the alleged violation and shall provide a reasonable time of not less than five days for compliance and shall be served as stated above. Such notice may contain an outline or mention of the remedial action that will be taken to effect compliance in the event the owner, occupant, agent or operator does not comply with said notice within the time period specified therein. The Building Inspector or his/her duly authorized representative may extend the compliance time specified in any notice issued under the provisions of this chapter where there is evidence of intent to comply within the period specified, provided that reasonable conditions exist which prevent immediate compliance.
D. 
Emergency action.
(1) 
Whenever the Building Inspector or his/her duly authorized representative has determined that a condition exists which poses an immediate threat to life, health or safety, he/she may, without prior notice, issue a notice citing the violation and ordering that such action be taken as is necessary to remove or abate the hazard or danger. Such notice may include an order to vacate, board up, fence off or demolish. Notwithstanding any other provision of this chapter, such an order shall be effective immediately upon mailing, delivery or posting of the notice of the violation or violations as herein provided.
(2) 
Notice.
(a) 
Such notice shall be given by first class mail, addressed to the last known owner at the address as shown by the records of the Monroe County Clerk, and within five calendar days of such mailing, such notice shall be given by:
[1] 
Personal delivery upon such owner or owners of property; or
[2] 
Personal delivery to the occupant of the building or premises or to the person or individual using the land or to the person or persons allegedly responsible for such violation; or
[3] 
Posting the notice on the building, premises or land where the violations are deemed to exist.
(b) 
The depositing of the notice into a depository, maintained under the exclusive control of the United States Postal Service, shall be deemed sufficient to satisfy the mailing requirement.
(c) 
Such notice shall be complied with immediately or as otherwise provided. The Building Inspector or his/her duly authorized representative may extend the compliance time specified in any order issued under the provisions of this chapter where there is evidence of intent to comply within the period specified, provided that reasonable conditions exist which prevent immediate compliance. Whenever the Building Inspector or his/her duly authorized representative determines that the condition which poses an immediate threat to life, health or safety has not been corrected in the time specified by the order issued, he/she may take such direct action as is necessary, including demolition or whatever other action may be required to remove or abate the hazard or danger. Expenses incurred in the execution of such orders shall be recovered as provided herein.
A. 
Whenever a notice or notices referred to above have been given, and the violations continued to exist beyond the time specified in the notice or notices, the Building Inspector or his/her duly authorized representative may authorize the work to be done and pay the cost thereof out of general Town funds.
B. 
The Town shall be reimbursed for the costs of the work performed or services rendered by direction of the Building Inspector or his or her representative as hereinabove provided by assessment and levy upon the lots or parcels of land wherein such work was performed or such services rendered, and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged, and shall be collected in the same manner and at the same time as other Town charges. Pursuant to the authority of Municipal Home Rule Law, Article 2, § 10, notice of such lien, levy and assessment may be executed by the Building Inspector and recorded in the records of the Monroe County Clerk's Office where it shall remain a lien upon such real property until satisfied or discharged in full.
The Town of Gates Code Compliance Officer or his/her designee shall have the following alternative remedies for enforcement of this chapter:
A. 
Appearance tickets. The Building Inspector or his/her representative shall have the authority, pursuant to the New York State Criminal Procedure Law, to issue an appearance ticket subscribed by him/her, directing a designated person to appear in a designated local criminal court at a designated future time in connection with the alleged commission of a designated violation of this chapter or any order made thereunder.
B. 
Any person or business entity who is the owner of is in charge of the property who commits a violation of the provisions of this article or has control of the property and permits a violation to exist shall upon conviction be guilty of an offense, punishable by a fine of not less than $1,000 nor more than $5,000 upon a conviction of a first offense; upon a conviction of a second offense, committed within five years of the first offense, a fine of not less than $2,000 nor more than $10,000; and upon conviction of a third or subsequent offense, committed within five years of the first offense, a fine of not less than $4,000 nor more than $15,000. Each day, or part thereof, such violation continues, following notification by the Town or service of a summons, appearance ticket or notice of violation returnable before the Town Court, shall constitute a separate offense, punishable in like manner.
[Amended 6-5-2023 by L.L. No. 2-2023]
C. 
Penalties for offenses under § 133-7B, Habitually noncompliant vacant buildings or structures. Any person who is found to be owning or having charge or control of any building or structure that is habitually noncompliant under § 133-7B of this chapter shall, upon conviction of any violation of this chapter relating to said building or structure, be punished by the maximum fine of $1,000 for such violation. In the event of any failure to so comply, each and every day that such violation continues shall constitute a separate offense, and the penalties described above shall be applicable to each such separate offense.
[Amended 6-5-2023 by L.L. No. 2-2023]
A. 
Nothing in this chapter or elsewhere in the Uniform Code, or in any regulation promulgated pursuant to Executive Law § 381(1), shall be construed as authorizing the Town of Gates, or its authorized officials responsible for administration and enforcement of the Uniform Code to do so in a manner that deprives any person or entity of due process of law. In particular, but not by way of limitation, nothing in this chapter relating to posting, placarding and/or condemnation of buildings or structures that are unsafe, unfit for human occupancy or unlawful shall be construed as authorizing the Town of Gates or its authorized officers responsible for administration and enforcement of the Uniform Code to post, placard or condemn any such building or structure and/or to remove any owner or occupant or cause any owner or occupant to be removed from any such building or structure without providing such notice and opportunity to be heard as may be required under the circumstances, as follows. Prior to the Town of Gates or its authorized officials placing a "Do Not Occupy" notice on a building, such official shall give written notice to the record owner of such property and any occupant thereof:
(1) 
That the Town of Gates intends to place a "Do Not Occupy" notice on the building;
(2) 
Such notice shall state the reasons for doing so, with appropriate citations to the specific Uniform Code provisions which are claimed to be violated;
(3) 
Notice to the owner/occupant of the opportunity to be heard before the Town of Gates Hearing Committee, and to present to the Committee the reasons why the owner/occupant believes that the Code Enforcement Official's proposed action should not be taken; and
(4) 
Notice that the owner/occupant must, within five days of receipt of such notice, request, in writing, to the Town Clerk, a hearing and opportunity to be heard before the Town of Gates Hearing Committee.
B. 
In cases of imminent danger, posting, placarding, and condemning a building or structure and removing owners and occupants or causing owners and occupants to be removed without first providing an opportunity to be heard shall be permitted under this chapter, provided that the owner/occupant shall have all the same rights and opportunity to be heard at a post-action hearing before the Town of Gates Hearing Committee by making such request, in writing, as hereinbefore provided for, within five days following the imminent danger event.
C. 
The Town of Gates Hearing Committee shall consist of one Town Board Member, together with any two of the following: Town Engineer, Town Fire Marshal, and Town Assistant Building Inspector, as appointed by resolution of the Town Board from time to time.
If any clause, sentence, paragraph, section, article or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article or part thereof directly involved in the controversy in which such judgment shall have been rendered.
This chapter shall take effect immediately.