The Building Inspector of the Town of Evans
is authorized to make or cause to be made inspections to determine
the condition of dwellings, dwelling units, rooming houses, rooming
units and premises in order to safeguard the health, safety, morals
and welfare of the public. The Building Inspector, or his designated
representatives, is authorized to enter any dwelling, dwelling unit,
rooming house, rooming unit or premises at any reasonable time during
daylight hours, or at such other time as may be necessary in an emergency,
for the purpose of performing his duties under this chapter.
The owner, operator or occupant of every dwelling,
dwelling unit, rooming house, rooming unit or premises shall give
access to such dwelling, dwelling unit, rooming house, rooming unit
and premises for the purpose of such inspections at any reasonable
time during daylight hours, or at such times as may be necessary in
an emergency.
Inspectors and authorized personnel of the Building
Inspector's Department shall be supplied with official identification
and, upon request, shall exhibit such identification when entering
any dwelling, dwelling unit, rooming house, rooming unit or premises.
Whenever the Building Inspector determines that
there has been a violation or that there are reasonable grounds to
believe that there has been a violation of any provision of this chapter
or any rule or regulation adopted pursuant thereto, he shall give
notice of such violation or alleged violation to the person or persons
responsible for such violation. Such notice shall be in writing and
shall specify the alleged violation and shall provide a reasonable
time of not less than five nor more than 30 days for compliance and
shall be served upon the owner, agent, operator or occupant, as the
case may require. Such notice shall be deemed to be properly served
upon such owner, agent, operator or occupant if a copy is served upon
him personally; or if a copy thereof is sent by certified mail, return
receipt requested, to the last known address of such person; or if
a copy is posted in a conspicuous place in or about the building affected
by the notice and if a copy is mailed by certified mail on the same
day it is posted to the owner, agent, operator or occupant; or by
such other method authorized by the laws of the State of New York.
Such notice may contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this chapter and with
rules and regulations adopted pursuant thereto.
Whenever the Building Inspector finds a violation
of this chapter exists which, in his opinion, requires immediate action
to abate a direct hazard or immediate danger to the health, safety,
morals or welfare of the occupants of a building or of the public,
he may, without prior notice, issue an order citing the violation
and directing that such action be taken as is necessary to remove
or abate the hazard or danger. Such order may include an order to
vacate. Notwithstanding any other provision of this chapter, such
an order shall be effective immediately upon service and shall be
complied with immediately, or as otherwise provided.
The Building Inspector may extend the compliance
time specified in any notice or order issued under the provisions
of this chapter where there is evidence of intent to comply within
the period specified, provided that reasonable conditions exist which
prevent immediate compliance.
Whenever any violation of this chapter, in the
opinion of the Building Inspector, causes a direct hazard or immediate
danger to the health and safety of the occupants of a building or
the public and has not been corrected in the time specified by the
order issued, the Building Inspector may take such direct action as
is necessary to abate the hazard or danger, including demolition.
Expenses incurred in the execution of such orders shall be recovered
as provided herein.
The expenses incurred pursuant to § 158-69 of this chapter shall be paid by the owner or occupant of the premises or by the person who caused such violation to exist, as follows:
A.
The Building Inspector shall file among his records an affidavit stating with fairness and accuracy the items of expenses and the date of the execution of actions authorized under this chapter. A copy of such affidavit shall be served upon the owner or occupant of the premises, as provided in § 158-66 of this chapter.
B.
Within 10 days thereafter, the owner or occupant upon
whom such affidavit has been served may file with the Building Inspector's
Department a written request for a hearing with the Building Inspector
and the Town Attorney to contest any items of expenses set forth in
the affidavit of the Building Inspector. If such a request is not
received within 10 days, the affidavit of the Building Inspector shall
be final and binding upon the owner or occupant.
C.
At such hearing, the applicant or his representative
shall be given an opportunity to show cause why the items of expenses
listed in the affidavit of the Building Inspector are not accurate.
E.
The Building Inspector may institute an action in the Supreme Court or other court of competent jurisdiction to recover such expenses against any person liable therefor or may cause a report setting forth all items of expenses incurred under § 158-69 of this chapter to be filed with the Town Board of the Town of Evans.
F.
The Town Board, after a public hearing and notice by mail to the owner or occupant of the premises, may cause the items of expenses incurred pursuant to actions authorized by § 158-69 of this chapter to be assessed against the land upon which the building or structures are located. Said amount shall be reported to the Assessor of the Town of Evans as an assessment to be included in the next succeeding assessment roll of the Town of Evans to be thereafter prepared.
[Amended 12-15-1993 by L.L. No. 13-1993]
All records of the Building Inspector's Department shall be public. Upon request, the Department shall make a search and issue a certificate of any of its records, including violations or the absence of any violations, upon payment of a fee as set by resolution of the Town Board and as set forth in Chapter 106, Fees.
No Building Inspector, officer, agent or employee
of the Town of Evans shall render himself personally liable for any
damage that may accrue to persons or property as a result of any act
required or permitted in the discharge of his duties under this chapter.
Any suit brought against any officer, agent or employee of the Town
of Evans as a result of any act required or permitted in the discharge
of his duties under this chapter shall be defended by an attorney
appointed by the Town of Evans until the final determination of the
proceedings therein.
