[HISTORY: Adopted by the Board of Trustees of the Village of Elmira
Heights 11-20-1972. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 119.
[Amended 1-4-1996 by L.L. No. 1-1996]
There is hereby created by the Board of Trustees an office of the Village
to be known as the "Office of Code Enforcement." Said office shall have the
responsibility of administering and enforcing the provisions of this chapter,
the New York State Uniform Fire Prevention and Building Code and those other
local, state and federal laws regulating property and persons which designate
said Office of Code Enforcement as their official administration and enforcement
agency (hereafter referred to as the "applicable codes and ordinances").
A.
There shall be appointed by the Village Board of Trustees
a Code Enforcement Officer who shall be in charge of the Office of Code Enforcement
of the Village. Said Code Enforcement Officer may be the same individual or
enforcement officer who may also be known or designated as the "Building Inspector,"
"Building Official" or "Inspector" in the other applicable codes and ordinances.
B.
In the absence of the Code Enforcement Officer or in
the case of his or her inability to act for any reason, the Mayor shall have
the power, with the consent of the Village Board of Trustees, to designate
a person to act on behalf of the Code Enforcement Officer and to exercise
all of the powers conferred upon him or her by this chapter.
C.
The Code Enforcement Officer shall supervise such other employees or assistants as shall be necessary for the administration and execution of the responsibilities of said office as appointed and approved by the Village Board of Trustees. Said Code Enforcement Officer shall also coordinate his or her activities with those of any other personnel designated by any agency in accordance with the agreements provided for under § 18-1 above.
The Code Enforcement Officer or other designated employee, official
or representative of the Office of Code Enforcement shall not engage in any
activity inconsistent with the duties or with the interests of the Office
of Code Enforcement, nor shall be or she, during the term of his or her employment,
be engaged directly or indirectly in any building business, in the furnishing
of labor, materials, supplies or appliances for or the supervision of the
construction, alteration, demolition or maintenance of a building or the preparation
of plans or specifications thereof within the Village of Elmira Heights, New
York, except that this provision shall not prohibit any employee from engaging
in any such activities in connection with the construction of a building or
a structure owned by him or her for his or her own personal use and occupancy
or for the use and occupancy of members of his or her immediate family and
not constructed for sale.[1]
An official record shall be kept of all business and activities of the
Office of Code Enforcement, and all such records shall be open to the public
for inspection at all appropriate times, except that no individual, owner,
operator, occupant or other person shall be subject to unwarranted invasion
of privacy and except that all evidence or information obtained in the course
of any inspection shall be considered privileged information and shall be
kept confidential. Such evidence or information shall not be disclosed except
as may be necessary in the judgment of the Code Enforcement Officer for the
proper and effective administration and enforcement of the provisions of this
chapter and shall not otherwise be made public without the consent of the
owner, occupant, operator or other person in charge of the unit, structure
or premises inspected.
A.
Enforcement by Code Enforcement Officer. The Code Enforcement
Officer shall enforce and administer all of the provisions of this chapter
and of the other applicable codes and ordinances of the Village.
B.
Duties of Code Enforcement Officer.
(1)
The Code Enforcement Officer shall administer, enforce
and ensure compliance with all of the requirements, rules and regulations
of the applicable codes and ordinances, including those relating to but not
limited to the construction, alteration and repair of buildings, the installation
and use of materials and equipment therein, the location, use and occupancy
of structures and the maintenance and safety of buildings and premises.
(2)
The duties of the Code Enforcement Officer shall include
the receipt of applications, the review and approval or disapproval of plans
and specifications, the issuance of permits, notices, certificates and orders,
the making of inspections to determine conformance with applicable codes and
ordinances, the imposition of necessary safeguards to protect life and property,
the investigation and abatement of violations, dangerous and unsafe conditions
and structures unfit for human habitation, the undertaking of systematic inspection
programs, the undertaking of research and investigations, the making of appropriate
administrative rules to secure the intent and purposes of all of the applicable
codes and ordinances, the keeping of records, the issuance of written annual
reports and such other activities as may be required.
C.
Entry for inspection purposes.
(1)
In the discharge of his or her duties, the Code Enforcement
Officer or his or her authorized representative, upon showing proper identification
where requested, is hereby authorized to request permission to enter and inspect
at any reasonable hour any structure or premises in the Village and to enter
the same to enforce the provisions of this chapter and of those other applicable
codes and ordinances. The assistance and cooperation of all other municipal
officials, including the Police and Fire Departments, shall be available to
the Code Enforcement Officer or his or her representative to assist in the
performance of his or her duties and in securing entry for inspection purposes.
(2)
The Code Enforcement Officer and the owner, operator
or occupant or other person in charge of any structure or premises subject
to the provisions of this chapter may agree to an inspection by appointment
at a mutually convenient time.
(3)
If an owner, operator or occupant or other person in
charge of any structure or premises fails or refuses to permit entry and free
access to the structure or premises under his or her control or to any part
thereof with respect to any authorized inspection, the Code Enforcement Officer
may file a proper complaint and may petition for and obtain an order directing
compliance with the inspection requirements of this chapter from a court of
competent jurisdiction. Any person who refuses to comply with such an order
issued pursuant to this section shall be subject to such penalties as may
be authorized by law for violation of a court order.
A.
Permit required. An application for a permit shall be
required for the construction, alteration and repair of buildings and structures
and the installation and use of materials and equipment therein and for the
demolition and moving of structures in accordance with the provisions of those
other applicable codes and ordinances which the Office of Code Enforcement
has the responsibility to administer. Said application shall be submitted
in such form as may be prescribed by the Code Enforcement Officer and shall
be accompanied by any required fee.
B.
Action on application. The Code Enforcement Officer shall
examine said application to determine compliance with those other applicable
codes and ordinances of the Village and shall, within 15 days after filing,
either approve or reject said application. If said application is rejected,
the Code Enforcement Officer shall inform the applicant, in writing, stating
the reasons for such rejection.
C.
Required fees. Applicants for permits required by any
of the following applicable codes and ordinances shall pay, at the time of
application to the Code Enforcement Officer for use by the municipality, fees
according to the following schedule.
[Amended 9-6-1984 by L.L. No. 94-1984; 11-22-1994
by L.L. No. 6-1994[1]; 1-4-1996 by L.L. No. 1-1996]
[1]
Editor's Note: The current fee schedule is on file in the Village
offices.
D.
Certificates. A certificate of occupancy shall be issued
by the Code Enforcement Officer, where appropriate, to certify that any work
undertaken under any required permit has been carried out in accordance with
the provisions of the applicable codes and ordinances. Any other permits,
certificates or licenses as required by the applicable codes and ordinances
shall be obtained by the applicant in accordance with the provisions of said
applicable codes and ordinances. Application for such permits, certificates
or licenses shall be made to the Code Enforcement Officer.
[Amended 1-4-1996 by L.L. No. 1-1996]
The Zoning Board of Appeals shall hear and decide all local code appeals and requests for variances as provided in Chapter 220, Zoning, and Village Law.
[Amended 1-4-1996 by L.L. No. 1-1996]
Whenever the Code Enforcement Officer determines that there are reasonable
grounds to believe that there has been a violation of any provision of this
chapter or of the other applicable codes and ordinances or of any rules and
regulations adopted pursuant thereto, he or she shall proceed as follows:
A.
Serve notice, in writing, of the alleged violation, which
shall be signed by the Code Enforcement Officer or his or her authorized representative.
Said notice shall be served personally on the owner or someone of the owner's
executor, legal representative, agents, lessees or other persons having a
vested or contingent interest in the premises or served by certified mail
with a return receipt requested to the last known address as shown by the
record of the receiver of taxes of the person on which personal service could
be made. A copy of such notice served by certified mail shall be posted on
the affected premises.
[Amended 11-3-2003 by L.L. No. 2-2003]
B.
Said notice shall identify the premises affected and
shall include a statement of the reasons why the notice is being issued, the
sections of the code and/or ordinances which have been violated and the remedial
actions required.
C.
Time period.
(1)
Said notice shall allow time, not to exceed 60 days,
for the initiation and correction of the violation alleged or of the remedial
actions required, except that a shorter time may be required if the nature
of the violation or condition so warrants, and the reason therefor shall be
stated in the notice if the time given is substantially less than 60 days.
(2)
If the notice concerns an unsafe building or structure,
then additional information shall be included.
(3)
If the notice concerns other than an unsafe building
or structure, such notice shall further state that if the violation is not
corrected within the time specified, the Code Enforcement Officer may cause
the condition to be corrected at the expense of the Village.
D.
Said notice shall contain a statement indicating that
the notice will become an order if no request and approval for an extension
of time is made to the Code Enforcement Officer or if no petition for an appeal
or hearing is requested before the Code Hearing Board[1] within 15 days from the receipt of said notice.
E.
The Code Enforcement Officer may grant a request for
a reasonable extension of time where he or she has evidence to believe that
the responsible person is attempting to remove the alleged violation. However,
no such extension of time may exceed a period of 90 days unless authorized
by the Code Hearing Board upon appeal of the responsible owner, operator,
occupant or other person in charge.
If state statutes provided for the enforcement of a state code that
is an applicable code in this chapter, the enforcement provisions of this
chapter shall be alternate provisions as to such a state code unless prohibited
by law.
[Added 6-6-2006 by L.L. No. 4-2006]
The Board of Trustees of the Village of Elmira Heights hereby acknowledges
and accepts the applicability of the New York State Uniform Fire Prevention
and Building Code of 1984, as revised, in accordance with the provisions of
§ 381 of the Executive Law of the State of New York and the regulations
promulgated pursuant thereto.
