A.
The Town Board is hereby authorized to create an office of Code Enforcement
Officer and so the office of Code Enforcement Officer is hereby created.
The Code Enforcement Officer shall administer and enforce all the
provisions of the Uniform Code, the Energy Code, and this chapter.
The Code Enforcement Officer shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, certificates of compliance, temporary
certificates of occupancy, and operating permits, and the plans, specifications,
and construction documents submitted with such applications;
(2)
Upon approval of such applications, to issue building permits, certificates
of occupancy, certificates of compliance, temporary certificates of
occupancy, and operating permits, and to include in terms and conditions
as the Code Enforcement Officer may determine to be appropriate building
permits, certificates of occupancy, certificates of compliance, temporary
certificates of occupancy, and operating permits;
(3)
To conduct construction inspections; inspections to be made prior
to the issuance of certificates of occupancy, certificates of compliance,
temporary certificates of occupancy, and operating permits; firesafety
and property maintenance inspections; inspections incidental to the
investigation of complaints; and all other inspections required or
permitted under any provision of this chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Town Board of this Town;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Town's Attorney, to pursue such legal
actions and proceedings as may be necessary to enforce the Uniform
Code, the Energy Code, and this chapter, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code, or this
chapter;
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this chapter;
(12)
Whenever the same may be necessary or appropriate to assure compliance
with the provisions of the Uniform Code, this chapter or any other
applicable laws, ordinances or regulations covering building construction,
the Code Enforcement Officer 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;
and
(13)
Under no circumstances may building permits, certificates, orders
or appearance tickets related to the administration and enforcement
of the Uniform Code be issued by anyone other than the designated
public officers.
B.
The Town Board is hereby authorized to appoint and employ a Code
Enforcement Officer to serve in the office of Code Enforcement Officer.
The Code Enforcement Officer 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 Code Enforcement
Officer shall obtain certification from the Department of State pursuant
to the Executive Law and the regulations promulgated thereunder. Such
Code Enforcement Officer may be employed on a full- or part-time basis.
C.
In the event that the Code Enforcement Officer is unable to serve
as such for any reason, another individual shall be appointed by Town
Board to serve as Acting Code Enforcement Officer. The Acting Code
Enforcement Officer shall, during the term of their appointment, exercise
all powers and fulfill all duties conferred upon the Code Enforcement
Officer by this chapter.
D.
One or more inspectors may be appointed by the Town Board to act
under the supervision and direction of the Code Enforcement Officer
and to assist the Code Enforcement Officer in the exercise of the
powers and fulfillment of the duties conferred upon the Code Enforcement
Officer by this chapter. Each inspector 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 each inspector shall obtain
certification from the Department of State pursuant to the Executive
Law and the regulations promulgated thereunder.
E.
The compensation for the Code Enforcement Officer and inspectors
shall be fixed from time to time by the Town Board of the Town.
F.
When relying on contracted-for services of an individual, partnership,
business corporation or similar firm for the principal part of an
administration and enforcement program, hereunder the Town Board shall
satisfy that any such provider has qualifications comparable to those
of an individual who has satisfied the requirements of Part 434 of
Title 19 of the Official Compilation of Codes, Rules and Regulations
of the State of New York.
G.
The Code Enforcement Officer may request and shall receive, so far
as may be necessary in the discharge of their duties, the assistance
and cooperation of any Town officers exercising any jurisdiction over
the construction, use or occupancy of buildings or the installation
of equipment therein.
