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.
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.