§ 350-140 Code Enforcement Officer.
The Code Enforcement Officer is authorized and directed by the Town Board to administer and enforce the provisions of this chapter. The Code Enforcement Officer shall have the authority to adopt policies and procedures in order to clarify the application of the provisions prescribed in this chapter. Such policies and procedures shall be in compliance with the intent and purpose of this chapter. Lastly, such policies and procedures shall not have the effect of waiving requirements specifically provided for in this chapter.
§ 350-140.1 Appointment, powers and duties.
A. General. The appointment, powers and duties of the Code Enforcement Officer are prescribed in the Building Construction and Fire Prevention Law of the Town, as currently in effect and as hereafter amended from time to time. Said powers and duties shall also include the authority of the Code Enforcement Officer to receive, review and approve or disapprove applications designated by this chapter to said officer. Lastly, the Code Enforcement Officer shall be designated as the Building Inspector, as prescribed in § 138 of the Town Law of NYS, as currently in effect and as hereafter amended from time to time.
B. Verification of compliance. The Code Enforcement Officer shall have the authority to require the owner or owner's agent to provide approved documentation that verifies compliance with this chapter. For example, the Code Enforcement Officer has the authority to require an owner or owner's agent to complete an approved document verifying the existing or proposed use of a building, land and/or structure to ensure compliance with this chapter.
§ 350-141 Identification.
The Code Enforcement Officer shall carry proper identification when inspecting structures or premises in the performance of duties under this chapter.
§ 350-142 Right of entry.
Where it is necessary to make an inspection to enforce the provisions of this chapter, or whenever the Code Enforcement Officer has reasonable cause to believe that there exists in a structure or upon a lot of record a condition in violation of this chapter, the Code Enforcement Officer is authorized to enter such structure or lot at reasonable times to inspect or perform the duties imposed by this chapter, provided that:
A. If such structure or lot is occupied, the Code Enforcement Officer shall present identification to the occupant, explain the reason(s) for the inspection and request entry. If entry is refused, the Code Enforcement Officer shall have recourse to the remedies provided by law to secure entry.
B. If such structure or lot is unoccupied, the Code Enforcement Officer shall first make a reasonable effort to locate the owner or other person having charge or control of such structure or lot and request entry. If entry is refused, the Code Enforcement Officer shall have recourse to the remedies provided by law to secure entry.
§ 350-143 Reviews and approvals.
The Code Enforcement Officer is authorized by the Town Board to undertake and grant the following reviews and approvals:
A. Certificate of zoning compliance. Applications for a certificate of zoning compliance and amendments thereto shall be submitted to the Code Enforcement Officer for an administrative review and approved prior to certificate issuance.
B. Special use permit. The Code Enforcement Officer shall receive all applications for a special use permit and review for completeness and prepare submittals for review by the designated approval authority.
C. Variance. The Code Enforcement Officer shall receive all applications for an area and/or use variance and review for completeness and prepare submittals for review by the designated approval authority.
§ 350-144 Cooperation of other officials and officers.
The Code Enforcement Officer shall be authorized to request and shall receive, so far as required in the discharge of his or her duties, the assistance and cooperation of other officials and officers of the Town.
§ 350-145 Inspections.
The Code Enforcement Officer shall make all required inspections, or shall receive reports of inspection by an approved agency or individual. All reports by such agency or individual shall be in writing and be certified by a responsible officer of such agency or individual. The Code Enforcement Officer is authorized to request assistance of the Town Engineer or other qualified individuals to report upon unusual technical issues that may arise, but such assistance shall be approved by the Town Board.
§ 350-146 Inspection reports.
The Code Enforcement Officer is authorized to receive inspection reports by qualified inspection agencies and/or registered design professionals.
§ 350-147 Notices and orders.
The Code Enforcement Officer shall issue all necessary notices or orders to ensure compliance with this chapter.
§ 350-148 Records.
The Code Enforcement Officer shall keep official records of all business and activities specified in the provisions of this chapter. Such records shall be retained in the official records for the period required for retention of public records.
