Code Enforcement personnel shall be appointed and serves at
the Town Board's pleasure. Furthermore, the Code Enforcement
Personnel shall be designated as the "building inspector" as prescribed
in § 138 of the Town Law of NYS, as currently in effect
and as hereafter amended from time to time.
The Code Enforcement Officer shall have all the following powers
and duties:
A. Those powers and duties necessary for the general supervision of
the Office.
B. To plan, organize, direct, and review administrative procedures and
policies necessary to the operation and accountability of the Office.
C. To develop and implement an annual budget within the constraints
established by the Town Board.
D. To supervise and review the work of office subordinates and report
on a monthly and annual basis to the Town Board concerning the operations
of the Office.
E. To receive, review and approve or disapprove applications for building
permits, certificates of compliance and/or occupancy, temporary certificates
of compliance and/or occupancy, and operating permits, and the plans,
specifications and submittal documents incorporated with such applications.
F. Upon approval of such applications, to issue building permits, certificates
of compliance and/or occupancy, temporary certificates of compliance
and/or occupancy and operating permits, and to include in building
permits, certificates of compliance and/or occupancy, temporary certificates
of compliance and/or occupancy and operating permits, such terms and
conditions as the Code Enforcement Officer may determine to be appropriate.
G. To conduct construction inspections, inspections to be made prior
to the issuance of certificates of compliance and/or occupancy, temporary
certificates of compliance and/or occupancy and operating permits,
fire safety and property maintenance inspections, inspections incidental
to the investigation of complaints, and all other inspections required
or permitted under any provision of this chapter.
H. To review and investigate complaints.
I. To issue notices and orders pursuant to this chapter.
J. To issue appearance tickets pursuant to this chapter.
L. To ensure fees are collected as established by the Town Board.
M. To pursue administrative enforcement actions and proceedings.
N. In consultation with the Town Attorney and upon approval granted
by the Town Board, to pursue legal actions and proceedings as may
be necessary to enforce the codes or this chapter or to abate or correct
conditions not in compliance with the codes or this chapter.
O. To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by the codes and this chapter.
The Code Enforcement Officer shall have the authority to require
and accept reports conducted by a third-party inspector that document
compliance with the codes.
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 training and continued education and training to
maintain certification as NYS shall require for code enforcement personnel,
and such officer shall obtain certification from NYSDOS pursuant to
the Executive Law of NYS and the regulations promulgated thereunder.
Any incurred expenses for such training and education by the Code
Enforcement Officer shall be paid by the Town.
The Code Enforcement Officer shall not engage in any activity
inconsistent with their duties; nor shall they, during the term of
their employment, 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 Town, excepting only
that this provision shall not prohibit any employee from such activities
in connection with the construction of a building or structure owned
by him or her and not constructed solely for sale.
In the event the Code Enforcement Officer is unable to serve
as such for any reason, a person shall be appointed by the Town Board
to serve as Acting Code Enforcement Officer. The Acting Code Enforcement
Officer shall, during the term of his/her/their appointment, exercise
all powers and fulfill all duties conferred upon the Code Enforcement
Officer by this chapter.
One or more Assistant Code Enforcement Officers 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 such officer by this chapter. Each Assistant Code Enforcement
Officer shall, during the term of his/her/their appointment, exercise
all powers and fulfill all duties conferred upon the Code Enforcement
Officer by this chapter. Each Assistant Code Enforcement Officer shall,
within the time prescribed by law, obtain such basic training, in-service
training, advanced in-service training, and other training as NYS
shall require for code enforcement personnel, and each Assistant Code
Enforcement Officer shall obtain certification from NYSDOS pursuant
to the Executive Law of NYS and the regulations promulgated thereunder.