The Code Enforcement Officer shall review and investigate complaints
that claim the existence of conditions or activities that fail to
comply with this chapter. However, the Code Enforcement Officer shall
not review and/or investigate any complaint pertaining to a violation
of law that is enforced by another AHJ (i.e., NYSDEC, NYSDOH, NYSDOT,
etc.). Lastly, the process for responding to a complaint shall include
but is not limited to the following steps as deemed appropriate by
the Code Enforcement Officer:
A. A complaint shall be made in writing, on a form provided by or the
Code Enforcement Officer, and shall contain the name, contact information
and signature of the complainant. Such form shall be certified by
a notary public. Lastly, the burden of proof rests with the complainant
if the alleged violation of law is not visible from a public way (e.g.,
violations located within a structure, etc.) or is a technical matter
(e.g., dispute in lot/yard dimensions, erosion and/or stormwater control
concerns, structural concerns, etc.) requiring an examination by an
expert (e.g., land surveyor, registered design professional, YCSWCD,
etc.) per the opinion of the Code Enforcement Officer. Exemption(s):
(1)
The Code Enforcement Officer shall investigate an anonymous
and/or verbal complaint if the subject of concern constitutes an imminent
threat to life and/or safety in the opinion of such officer.
B. Perform an inspection of the alleged violation from a public way
or a lot of record, which such action shall be consistent with constitutional
safeguards and any requisite warrant, in order to effectuate enforcement.
C. Documenting the results of an inspection.
D. Issue a notice of violation if a violation is found to exist, which
shall grant the affected owner the opportunity to abate, correct or
cure such violation, or otherwise proceeding in the manner described
in this chapter.
E. Performing an inspection upon notification by affected owner to ensure
that the violation has been abated or corrected as well as documenting
such abatement or correction.