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Complaints
§ 350-169 Complaints.
The Code Enforcement Officer shall review and investigate complaints that claim the existence of conditions or activities that fail to comply with this chapter. However, the Code Enforcement Officer shall not review and/or investigate any complaint pertaining to a violation of law that is enforced by another AHJ (i.e., NYSDEC, NYSDOH, NYSDOT, etc.). Lastly, the process for responding to a complaint shall include but is not limited to the following steps as deemed appropriate by the Code Enforcement Officer:
A. A complaint shall be made in writing, on a form provided by or the Code Enforcement Officer, and shall contain the name, contact information and signature of the complainant. Such form shall be certified by a notary public. Lastly, the burden of proof rests with the complainant if the alleged violation of law is not visible from a public way (e.g., violations located within a structure, etc.) or is a technical matter (e.g., dispute in lot/yard dimensions, erosion and/or stormwater control concerns, structural concerns, etc.) requiring an examination by an expert (e.g., land surveyor, registered design professional, YCSWCD, etc.) per the opinion of the Code Enforcement Officer. Exemption(s):
(1) The Code Enforcement Officer shall investigate an anonymous and/or verbal complaint if the subject of concern constitutes an imminent threat to life and/or safety in the opinion of such officer.
B. Perform an inspection of the alleged violation from a public way or a lot of record, which such action shall be consistent with constitutional safeguards and any requisite warrant, in order to effectuate enforcement.
C. Documenting the results of an inspection.
D. Issue a notice of violation if a violation is found to exist, which shall grant the affected owner the opportunity to abate, correct or cure such violation, or otherwise proceeding in the manner described in this chapter.
E. Performing an inspection upon notification by affected owner to ensure that the violation has been abated or corrected as well as documenting such abatement or correction.