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.
