A. 
The Office of the Development Services is hereby created and the official in charge thereof shall be known as the "Code Enforcement Officer."
B. 
The Code Enforcement Officer is hereby authorized and directed to administer and enforce the provisions of the codes and this chapter. The Code Enforcement Officer shall have the authority to render interpretations of the codes and to adopt policies and procedures to clarify the application of its provisions. Such interpretations, policies and procedures shall comply with the intent and purpose of the codes. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in the codes.
C. 
The Town Attorney is hereby authorized to prosecute any matters before a court of competent jurisdiction with the approval of the Town Supervisor.
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.
K. 
To maintain records.
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.
A. 
General. The records of the Office shall be managed in accordance with the Article 57-A, Local Government Records Law, of the Arts and Cultural Law of NYS, as currently in effect and as hereafter amended from time to time, or any successor rules, regulations or statutes.
B. 
Freedom of information. Public access to the records of the Office shall comply with § 84-90, Freedom of Information Law, of Article 6 of the Public Officers Law of NYS as well as the Records Law of the Town,[1] as currently in effect and as hereafter amended from time to time, or any successor rules, regulations or statutes.
[1]
Editor's Note: See Ch. 90, Records.
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.
A. 
Monthly report to Town Board. The Code Enforcement Officer shall submit to the Town Board of this Town a written monthly report and summary of all business conducted, including a report and summary of all transactions and activities described in this chapter.
B. 
Annual report to Secretary of State. The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of this Town, on a form prescribed by the Secretary of State, a report of the activities of this Town relative to administration and enforcement of the codes.
C. 
Report to the NYSDOS. The Code Enforcement Officer shall, upon request of the NYSDOS, provide to this state records and related materials this Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Town in connection with administration and enforcement of the codes and this chapter.
A. 
Appeal/variance from the codes. A request for a variance from the provisions of the codes and/or an appeal to review a determination of or failure to render a determination by the Code Enforcement Officer based upon the codes shall be processed with the appropriate NYS Board of Review as provided in Part 1205 of Title 19 of NYCRR, as currently in effect and as hereafter amended from time to time, or any successor rules, regulations or statutes. Where proposed construction, alteration, use or other work related to a building, structure or equipment would be in violation of any provision of the codes or any successor rule, regulation or statute, no permit or certificate for such work shall be issued except pursuant to written order of the appropriate board of review.
B. 
Stays of enforcement. Appeals of a determination, notice and/or order by the Code Enforcement Officer shall stay the enforcement of the determination, notice and/or order until the appeal is heard by the AHJ pursuant to this article.