A.
The Building Inspector of the Town shall administer
and secure compliance with the applicable housing standards.
B.
The Building Inspector shall have such assistants
and inspectors as may be necessary to carry out effectively the provisions
of this chapter.
C.
All assistants and inspectors shall be qualified and
appointed by the Town Board and shall be furnished with appropriate
official badges or identification cards.
D.
The Building Inspector, all assistants and inspectors
shall be free from, personal liability for acts done in good faith
in the performance of their official duties.
A.
The Building Inspector shall be charged with the duty
of administering the applicable housing standards and securing compliance
therewith, and the Building Inspector is empowered to adopt rules
and regulations necessary for securing such compliance, provided that
such rules and regulations shall not be in conflict with the applicable
housing standards.
B.
The Building Inspector shall be authorized to conduct
surveys of housing in any area of the municipality to determine the
condition of premises, extent of deterioration, lack of facilities,
inadequate maintenance, unsafe and unsanitary conditions, extent of
overcrowding, land use and other relevant factors.
C.
It shall be the duty of the Building Inspector:
(1)
To cause periodic inspections to be made, not less
than once every five years, of all premises within the scope of applicable
housing standards.
(2)
To cause an investigation of all complaints of alleged
housing violations or other unsafe or insanitary conditions.
(3)
To order, in writing, the remedying of all conditions
found to exist in or on any premises in violation of provisions of
the housing standards or of rules and regulations adopted by the Building
Inspector; to state in the violation order a reasonable time limit
for compliance therewith; and, where necessary, to order the vacation
of premises found unfit for human habitation.
(4)
To request the chief legal officer of the municipality
to take appropriate legal action in the name of the Town upon failure
of the responsible party to comply with such violation order within
the time specified therein.
(5)
To cause a search of his records of housing violations
existing on any premises and to issue a certified statement thereof
upon receipt of written request and payment of any fees required by
local law or ordinance.
(6)
To study housing conditions in the municipality.
(7)
To cooperate with other municipal governmental and
private agencies engaged in the study and improvement of housing conditions.
(8)
To publish an annual report of housing conditions
in the municipality, accomplishments of the Building Inspector and
recommendations for the future.
D.
Where violations of the housing standards exist and
pose an immediate hazard or danger to the health, safety or welfare
of building occupants or of the public, the Building Inspector may
issue an order citing the violation and directing such action by such
municipal agency as is necessary to remove or abate the immediate
hazard or danger.
A.
Inspectors shall be authorized and have the right,
in the performance of their duties, to enter any premises during normal
business hours and in emergencies whenever necessary to protect the
public interest.
B.
Owners, agents, operators and occupants shall be responsible
for providing access to all parts of the premises within their control
to authorized personnel acting in the performance of their duties.
The Building Inspector shall keep records of
all complaints received, inspections made and violations found regarding
premises regulated by the housing standards. Records shall be kept
in a manner and form as prescribed by local law and shall be available
for public inspection.
[Amended 4-28-1976 by L.L. No. 3-1976; 3-16-2010 by L.L. No. 1-2010]
Any person committing an offense against any
provision of this chapter shall be guilty of a Class B misdemeanor
punishable by a fine not exceeding $1,000 or by a term of imprisonment
not in excess of three months, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
A.
Owners of premises shall be responsible for compliance
with the housing standards and shall remain responsible therefor regardless
of the fact that this chapter may also place certain responsibilities
on operators and occupants and regardless of any agreements between
owners and operators or occupants as to which party shall assume such
responsibility.
B.
Owners of premises shall be responsible for proper
maintenance, condition and operation of service facilities and for
furnishing adequate heat and hot-water supply in multiple dwellings.
Lodging house operators shall be responsible
for compliance with the housing standards in regard to the following:
A.
Limiting occupancy to the maximum permitted by the
housing standards.
B.
Maintenance of safe and sanitary conditions in all
parts of lodging house premises
C.
Maintenance and operation of all required service
facilities.
D.
Maintenance of all plumbing, cooking and refrigeration
fixtures and appliances within his control, as well as other building
equipment and facilities, in an operative, clean and sanitary condition.
E.
Sanitary maintenance of walls, floors and ceilings.
F.
Keeping exits clear and unencumbered.
G.
Disposal of the building's garbage and refuse in a
clean and sanitary manner.
H.
Extermination of insects, rodents or other pests on
the premises.
I.
Hanging and removing required screens.
Occupants of dwelling units shall be responsible
for compliance with the housing standards in regard to the following:
A.
Limiting occupancy of that part of the premises which
he occupies or controls to the maximum permitted by the housing standards.
B.
Maintenance of that part of the premises which he
occupies or controls in a clean, sanitary and safe condition.
C.
Maintenance of all plumbing, cooking and refrigeration
fixtures and appliances, as well as other building equipment and storage
facilities in that part of the premises which he occupies or controls,
in a clean and sanitary condition and providing reasonable care in
the operation and use thereof.
D.
Keeping exits from his dwelling unit clear and unencumbered.
E.
Disposal of garbage and refuse into provided facilities
in a clean and sanitary manner.
F.
Extermination of insects, rodents or other pests within
his dwelling unit if his unit is the only one infested in the premises.
G.
Hanging and removing required screens.
H.
Keeping his domestic animals and pets in an appropriate
manner and under control.
