A.
There shall be established or designated by the Board
of Trustees a Code Enforcement Office to administer and secure compliance
with the applicable housing standards. Such office is hereinafter
referred to as the "Agency."
[Amended 10-16-1984 by L.L. No. 9-1984; 9-4-2001 by L.L. No. 2-2001]
B.
The Agency shall be under the direction and charge
of a chief officer who shall have as his representatives such assistants
and inspectors as may be necessary to carry out effectively the powers
and duties of the Agency.
C.
All personnel of the Agency shall be qualified and
appointed as prescribed by local law, and shall be furnished with
appropriate official badges or identification cards.
D.
All personnel of the Agency shall be free from personal
liability for acts done in good faith in the performance of their
official duties.
A.
The Agency shall be charged with the duty of administering
the applicable housing standards and securing compliance therewith,
and shall be empowered to adopt rules and regulations necessary for
securing such compliance, and for its own organization and internal
management, provided that such rules and regulations shall not be
in conflict with the applicable housing standards.
B.
The Agency 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 chief officer:
(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 Agency,
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 Agency upon failure
of the responsible party to comply with such violation order within
the time specified therein.
(5)
To cause a search of the Agency's recorders 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 Agency 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 chief officer 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 agency personnel acting in the performance of their
duties.
The Agency 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 10-16-1984 by L.L. No. 9-1984]
Any person or persons justly or severally aggrieved by any final order of the Code Enforcement Officer or Agency under Part 3 of this chapter may seek to have such order reviewed by the Supreme Court in the manner prescribed by Article 78 of the New York Civil Practice Law and Rules.
[Amended 9-4-2001 by L.L. No. 2-2001]
Every person who shall fail to comply with a
violation order issued by the Agency within the time limit stated
thereon shall be guilty of a misdemeanor, and upon conviction shall
be liable to a fine of not more than $1,000 or to imprisonment for
not more than one year, or both.
