The Code Enforcement Officer shall review and investigate complaints
that allege or assert the existence of conditions or activities that
fail to comply with the codes, this chapter or other local law adopted
for the administration and enforcement of the codes. 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 the
Code Enforcement Officer and shall contain the name, contact information
and signature of the complainant. 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 a special expert (e.g., land surveyor, registered
design professional, YCSWCD, etc.) per the opinion of the Code Enforcement
Officer.
(1) Exemption(s):
(a)
The Code Enforcement Officer shall only 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 this officer.
B. Perform an inspection of the alleged violation, which such action
shall be consistent with constitutional safeguards and any requisite
warrant, to effectuate enforcement.
C. Document the results of an inspection (e.g., inspection notes in
computer software programs such as but not limited to the Town's
Integrated Property System).
D. Issue a stop-work order, if appropriate.
E. Issue an order to remedy 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.
F. Perform an inspection upon notification by affected owner to ensure
that the violation has been abated or corrected as well as documenting
(e.g., inspection notes in computer software programs such as but
not limited to the Town's Integrated Property System) such abatement
or correction.