A. 
This chapter shall be known as the "Law for Administration and Enforcement of the Codes of New York State" and, together with the family of Codes of New York State, will be hereinafter referred to as this "code."
B. 
It is the intent of this chapter to provide for the administration and enforcement of the provisions of all laws, codes, ordinances, rules, regulations and orders applicable to the location, design, materials, construction, alteration, repair, equipment, use, maintenance, occupancy, removal and demolition of buildings, structures and appurtenances located within the Town of Cheektowaga, exclusive of the Villages of Sloan and Depew.
The Building Code of New York State, Residential Code of New York State, Energy Code of New York State, Mechanical Code of New York State, Fire Code of New York State, Fuel Gas Code of New York State, Plumbing Code of New York State and Property Maintenance Code of New York State are recognized as the official codes for the purpose of prescribing regulations governing construction and maintenance within the limits of the Town of Cheektowaga.
The provisions of this code shall be administered and enforced by the Supervising Code Enforcement Officer, and his/her designees, of the Town of Cheektowaga, hereinafter referred to as the "Inspector," who shall have all the power and authority assigned to him/her by this code and by § 138 of the Town Law of the State of New York.
The Supervising Code Enforcement Officer or any officer or employee of the Building Inspection Department shall not engage in any activity inconsistent with his/her duties or with the interests of the Building Inspection Department; nor shall he/she, during the term of his/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 Town of Cheektowaga, 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/her for his/her own personal use and occupancy, or for the use and occupancy of members of his/her immediate family, and not constructed for sale.
A. 
Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Inspector shall administer and enforce all of the provisions of laws, ordinances and regulations applicable to the construction, repair, alteration, renovation, removal and demolition of buildings and structures, including plumbing and drainage work therein, and the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof.
B. 
He/She shall have the power to adopt rules, with the consent of the Town Board, to secure the intent and purposes of this code and a proper enforcement of the laws, ordinances and regulations governing building construction, alteration or repair and plumbing and drainage work in or adjacent to any building or structure.
C. 
He/She shall receive and examine and approve or disapprove, within a reasonable time after receipt thereof, applications for permits for the erection, alteration, removal, repair and demolition of buildings or structures, or parts thereof, and shall examine the premises for which such applications have been received or such permits have been issued for the purpose of ensuring compliance with laws, ordinances and regulations governing building construction.
D. 
He/She shall receive and examine and approve or disapprove, within a reasonable time after receipt thereof, applications to install any new plumbing or drainage work in or adjacent to a building or structure, or to extend or alter any existing plumbing or drainage work, whether such work is to be connected with a sewer or not.
E. 
He/She shall, on complaint or other information, examine existing and completed buildings and structures, as well as buildings and structures under construction, and shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during the construction and to ensure compliance during the entire course of construction with the requirements of such laws, ordinances and regulations. He/She shall make all inspections which are necessary or proper for the carrying out of his/her duties, except that he/she may accept written reports of inspection from other employees of the Building Inspection Department or from generally recognized and authoritative service and inspection bureaus, provided that the same are certified by a responsible official thereof.
F. 
Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances and regulations covering building construction, he/she may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative laboratories and/or service bureaus or agencies.
G. 
He/She shall adopt such administrative rules and regulations as may be necessary or desirable for the enforcement and application of this code, and all persons making application to the Building Inspection Department or subject to this code shall comply with such rules and regulations, copies of which shall remain on file in the office of the Inspector at all times.
H. 
He/She shall issue a certificate of occupancy, where appropriate, for a building constructed or altered in accordance with the provisions of the code, which such certificate shall certify that the building conforms to the requirements of the code.
A. 
The Inspector shall keep permanent official records of all transactions and activities conducted by him/her, including all applications received, permits and certificates issued, fees charged and collected, inspection reports, and notices and orders issued. All such records shall be public records.
B. 
The Inspector shall annually submit to the Town Board a written report and summary of all business conducted by the Building Inspection Department, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending or concluded.
A. 
Whenever the Inspector finds that there has been a violation of the code, the Inspector shall issue a violation order to the person or persons responsible. The Inspector shall also issue a violation order to the person or persons responsible for failure to file or maintain reports or for the furnishing of a false statement or for the interference with an Inspector lawfully authorized to enter premises or when a building or structure has been found to be or is deemed unsafe hereunder. The order shall:
(1) 
Be in writing.
(2) 
Identify the premises.
(3) 
Specify the violation and remedial action to be taken.
(4) 
Specify when the premises will next be inspected for compliance and remediation of the violation.
(5) 
If the violation constitutes a public nuisance or renders the premises dangerous or unsafe, include in the order a statement that if the violation is not remedied by the time the premises are reinspected, the Inspector may remedy the violation.
B. 
A violation order may be served as follows:
(1) 
By personal service. The Inspector shall file an affidavit of service for each owner or agent or lessor so notified.
(2) 
By posting a copy thereof in a conspicuous place on the premises and by mailing another copy thereof to the premises, the same day as posted, to the owner, lessor or his respective agent. A copy shall also be mailed to the owner at another address if the owner's address, as listed with the Assessor's office, is different from the premises where the violation exists. An affidavit of mailing shall be filed by the Inspector for every premises for which an order is issued.
(3) 
By certified mail, return receipt requested.
Costs incurred by the Inspector in eliminating or removing nuisances and dangerous or unsafe conditions shall be paid for by the municipal fiscal officer out of the municipal treasury upon certification of the Inspector. Such costs shall be charged against the premises and shall constitute a lien thereon in favor of the municipality, and the amount of such costs shall be entered on the tax rolls as being due and payable.
In accordance with Article 18 of the Executive Law of the State of New York:
A. 
It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building or structure or portion thereof in violation of any of the provisions of this code or to fail in any manner to comply with any notice, directive or order of the Inspector or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit, plumbing permit or certification occupancy.
B. 
Any person who shall fail to comply with a written order of the Inspector within the time fixed for compliance therewith and any owner, builder, architect, tenant, contractor, subcontractor, plumber, construction superintendent or his/her agents, or any other person taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of this code or any lawful order, notice, directive, permit or certificate of the Inspector made thereunder, shall be punishable, at the discretion of a court of competent jurisdiction, by a fine of not more than $250 or by 15 days in jail, or both. Each day that each violation continues shall be deemed a separate offense.
C. 
Except as provided otherwise by law, such a violation shall not be a crime, and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person convicted thereof.
Appropriate action and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises, and these remedies shall be in addition to penalties otherwise prescribed by law.