A. 
This chapter shall be administered and enforced by the Town of Webster Code Compliance Coordinator and other Town Code Enforcement Officials. The Code Compliance Coordinator may be assisted by a staff consisting of Code Enforcement Officers, clerks, typists and any other employee or person designated by the Town Board or Director of Community Planning and Development to assist in carrying out the duties of a Code Enforcement Official. When used in this chapter, the term "Town of Webster Code Enforcement Official" shall refer to any New York State certified code enforcement official employed by the Town of Webster or his/her designee, and the term "Fire Marshal" shall have the same meaning as the "Town of Webster Code Enforcement Officer."
B. 
The Town of Webster Code Enforcement Officials may, between the hours of 8:00 a.m. and 10:00 p.m. or, if different, during normal business hours, enter any building or premises within the Town of Webster for the purpose of making any inspection or investigation to ensure compliance with the provisions of this chapter, the Uniform Code and Part 444 of the Executive Law.[1] Entry into legally occupied private residences or other residential tenancies where there exists an individual privacy right shall be permitted only when the Code Enforcement Official has either obtained the informed consent of the property owner or person with a privacy right to the property, or obtained an appropriate search warrant, or acts in the belief that there exist exigent circumstances whereby immediate entry into a residence is required to ensure the protection of life, safety or property.
[1]
Editor's Note: Section 444 of the Executive Law was repealed by L.2003, c. 62, pt. F2, § 1, effective 5-15-2003.
C. 
Should entrance upon a site to make an inspection required by this chapter or the Uniform Code be denied, or if permission cannot be obtained to make such an inspection, application may be made for a warrant to make such inspection to any court of competent jurisdiction.
D. 
Identification of Code Enforcement Officials. The Code Enforcement Officials shall provide, upon request, proper identification prior to conducting a routine or emergency inspection of any building or premises.
E. 
Posting with placards.
(1) 
Code Enforcement Officials shall be authorized to affix to any building or premises a placard for the purpose of notifying the owner, occupants and the general public that the building or premises is subject to enforcement proceedings by the Town of Webster. The placard may be placed anywhere on the building or premises that the Code Enforcement Official determines will be readily noticeable and accessible.
(2) 
The nature of the placard to be used may be determined by the Code Enforcement Official based upon the nature of the problem or condition. The placard may specify "Keep Out" or "Not To Be Occupied Until a Certificate of Occupancy Is Issued" or "Not To Be Demolished or Reconstructed Until a Permit Is Issued" or "Stop Work" or any other form of notice, or any combination of the above notices deemed appropriate by the Code Enforcement Official.
(3) 
No person shall remove, deface, conceal or destroy any such placard affixed by the Code Enforcement Official.
A. 
Commencement of proceedings. Whenever the Code Enforcement Official has inspected any building or premises and has determined that said building or premises is in violation of any provision of the Uniform Code, the Energy Code, or this chapter, they shall commence proceedings to cause the cleanup, repair, rehabilitation, vacation or demolition of the building or premises.
B. 
Routine action. Whenever the Code Enforcement Official determines that a building, premises or land is in violation of any provision of this chapter, they shall give notice of the violation or violations as herein provided.
C. 
Notice.
(1) 
Such notice shall be in the form of a Notice and Order and be given by certified mail, addressed to the last known owner at the address as shown by the records of the Monroe County Clerk's office, and within five calendar days of such mailing, such notice shall be given by:
(a) 
Personal delivery upon such owner or owners of property; or
(b) 
Personal delivery to the occupant of the building or premises or to the person or individual using the land or to the person or persons allegedly responsible for such violation; or
(c) 
Posting the notice on the building, premises or land where the violations are deemed to exist.
(2) 
The depositing of the notice into a depository, maintained under the exclusive control of the United States Postal Service, shall be deemed sufficient to satisfy the mailing requirement.
(3) 
Such notice shall be in writing and shall specify the alleged violation and shall provide a reasonable time of not less than five days for compliance and shall be served as stated above. Such notice may contain an outline or mention of the remedial action that will be taken to effect compliance in the event the owner, occupant, agent or operator does not comply with said notice within the time period specified therein. The Code Enforcement Official may extend the compliance time specified in any notice issued under the provisions of this chapter where there is evidence of intent to comply within the period specified, provided that reasonable conditions exist which prevent immediate compliance.
D. 
Emergency action. Whenever the Code Enforcement Official has determined that a condition exists which poses an immediate threat to life, health or safety, they may, without prior notice, issue a notice citing the violation and ordering that such action be taken as is necessary to remove or abate the hazard or danger. Such notice may include an order to vacate, board up, fence off or demolish. Notwithstanding any other provision of this chapter, such an order shall be effective immediately upon mailing, delivery or posting of the notice of the violation or violations as herein provided.
A. 
Whenever a Notice and Order or notices referred to above have been given, and the violations continued to exist beyond the time specified in the Notice and Order or notices, the Code Enforcement Official may authorize the work to be done and pay the cost thereof out of general Town funds.
B. 
The Town shall be reimbursed for the cost of the work performed or services rendered by direction of the Code Enforcement Official, as hereinabove provided, by assessment and levy upon the lots or parcels of land wherein such work was performed or such services rendered, and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges.
A. 
Notice and Order. The Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this chapter. Upon finding that any such condition or activity exists, the Code Enforcement Official shall issue a Notice and Order. The Notice and Order shall: 1) be in writing; 2) be dated and signed by the Code Enforcement Official; 3) specify the condition or activity that violates the Uniform Code, the Energy Code, or this chapter; 4) specify the provision or provisions of the Uniform Code, the Energy Code, or this chapter which is/are violated by the specified condition or activity; 5) specify the period of time which the Code Enforcement Official deems necessary for achieving compliance; 6) direct that compliance be achieved within the specified period of time; and 7) state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. The Code Enforcement Official shall cause the Notice and Order, or a copy thereof, to be served on the owner of the affected property personally or by certified mail. The Code Enforcement Official shall be permitted, but not required, to cause the Notice and Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or his/her agents, or any other person responsible for, taking part, or assisting in work being performed at the affected property personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the Notice and Order.
B. 
Appearance tickets. The Code Enforcement Official is authorized to issue appearance tickets for any violation of the Uniform Code, the Energy Code, or this chapter.
C. 
Civil penalties. In addition to those penalties prescribed by state law, any person who violates any provision of the Uniform Code, the Energy Code or this chapter, or any term or condition of any building permit, certificate of occupancy/certificate of compliance, temporary certificate, stop-work order, operating permit or other notice or order issued by the Code Enforcement Official pursuant to any provision of this article, shall be liable to a civil penalty of not more than $1,000 for each day or part thereof during which such violation continues, in line with Executive Law § 382, Subdivision (2). The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Town.
D. 
Injunctive relief. An action or proceeding may be instituted in the name of the Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this chapter, or any term or condition of any building permit, certificate of occupancy/certificate of compliance, temporary certificate, stop-work order, operating permit, Notice and Order, or other notice or order issued by the Code Enforcement Official pursuant to any provision of this chapter. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this chapter, or any stop-work order, compliance order or other order obtained under the Uniform Code, the Energy Code or this chapter, an action or proceeding may be commenced in the name of the Town, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions.
E. 
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in any other section of this article, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Executive Law § 382, Subdivision (2), and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Executive Law § 382, Subdivision (2).
If any clause, sentence, paragraph, section, article or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article or part thereof directly involved in the controversy in which such judgment shall have been rendered.