City of Corning, NY Administration and Enforcement

[Amended 10-5-1998 by L.L. No. 32-1998]

There are hereby designated in the City of Corning certain public officials, including but not limited to a Code Enforcement Officer, who shall have the authority to administer and enforce the Uniform Code and the provisions of this chapter. The Code Enforcement Officer shall be appointed by the City Manager as provided in § C12-77C of the City Charter.

In the absence of the Code Enforcement Officer, or in the case of the officer's inability to act for any reason, the City Manager shall have the power to designate a person or persons to act as enforcement officials on behalf of the Code Enforcement Officer and to exercise all of the powers and duties conferred upon the officer by this chapter and all other applicable laws, ordinances, rules and regulations.

The City Manager may appoint one or more inspectors, as the need may appear, to act under the supervision of the Code Enforcement Officer and to exercise any portion of the powers and duties as directed by the Code Enforcement Officer.

Except as otherwise specifically provided by law, rule or regulation or as herein otherwise provided, the Code Enforcement Officer and other enforcement officials shall administer and enforce all of the provisions of this chapter and the Uniform Code, and such other laws as may be assigned pursuant to other sections of the Code of the City of Corning.

The Code Enforcement Officer, and such other enforcement officials as the officer or the City Charter may designate, shall receive applications and issue permits for the erection, alteration, conversion, addition, removal and demolition of buildings and structures or parts thereof. Prior to the issuance of such permit, the Code Enforcement Officer or enforcement official shall review plans and/or examine premises for which such applications have been received for the purpose of ensuring compliance with the Uniform Code and other applicable laws, ordinances, rules and regulations.

The Code Enforcement Officer or other enforcement officials shall receive and investigate complaints, shall issue all appropriate notices or orders to remedy violations, to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the course of construction with the requirements of the Uniform Code and other applicable laws, ordinances, rules and regulations.

[Amended 7-5-2006]

The Code Enforcement Officer or other enforcement officials shall make all inspections which are necessary or proper for the carrying out of their duties, except written reports of inspection from designated inspectors or from a licensed architect, licensed professional engineer, qualified inspection agency, or other qualified persons. Any cost associated with such written reports or inspection shall be incurred by the applicant or owner.

[Amended 10-5-1998 by L.L. No. 32-1998; 7-5-2006]

Whenever it may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances, rules and regulations, the Code Enforcement Officer and other enforcement officials may require the performance of tests in the field by experienced professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies. The cost of such tests shall be the sole responsibility of the applicant or property owner.

In the furtherance of the officers assigned duties, the Code Enforcement Officer, or other enforcement official as provided in this chapter, shall institute and perform at least the following inspections, in addition to those otherwise required in this chapter and under the Uniform Code:

(1)

Construction inspections where a building permit has been issued, at such times during the course of construction as will permit the observation of construction stages or phases deemed necessary for inspection by the Code Enforcement Officer. The various stages of construction shall not proceed in such a way that would prevent the Code Enforcement Officer from observing the conditions of construction until the Code Enforcement Officer has conducted the required inspections. It is the responsibility of the property owner or their designated contractors or where appropriate, authorized agents to arrange for timely inspections.

(2)

Inspections where a certificate of occupancy is required.

(3)

Fire safety inspections as follows:

(a)

Areas of public assembly, on a schedule to be set by the Code Enforcement Officer.

(b)

All buildings open to the public, on a schedule set by the Code Enforcement Officer.

(c)

Any building, use, occupancy or premises during an emergency, in response to a complaint, or at owners request.

(d)

Common areas of multiple dwellings, on a schedule to be set by the Code Enforcement Officer.

[Added 12-6-2004]

The Code Enforcement Officer may request and shall receive, so far as may be necessary in the discharge of his/her duties, the assistance and cooperation of the Police, Fire and Health Departments or officers and of any municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings, structures and premises or the jurisdiction over equipment or maintenance thereof.

The Code Enforcement Officer and other enforcement officials shall have the power, right and authority to issue appearance tickets, as the same is defined in Article 150 of the Criminal Procedure Law and §§ 381 and 382 of the Executive Law of the State of New York for violation of any section of this chapter or any provision of the Uniform Code.