[HISTORY: Adopted by the Town Board of the
Town of Shandaken at time of adoption of Code; see Ch. 1, General
Provisions, Art. I. Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 4.
There is hereby created by the Town Board of
the Town of Shandaken an office of the town to be known as the "Code
Enforcement Officer." Said Officer shall have the responsibility for
administering and enforcing the provisions of this chapter and of
other applicable laws of the town.
There shall be appointed by the Town Board a
Code Enforcement Officer. The Code Enforcement Officer shall appoint
and supervise such assistants or other employees as shall be necessary
for the administration and execution of the responsibilities of said
office.
The Code Enforcement Officer or his assistants
or employees shall not, while acting for the town, render himself
liable personally because of any act or omission as required or permitted
in the discharge of his official duties. Any suit instituted against
such Code Enforcement Officer, assistant or employee because of any
act performed by him in the lawful discharge of his duties shall be
defended by the Town Attorney, and in no case will said Officer, assistant
or employee be liable for costs in any action, suit or proceeding.
An official record shall be kept of all business
and activities of the Code Enforcement Officer, and all such records
shall be open to the public for inspection at all appropriate times,
except that no individual, owner, operator, occupant or other person
shall be subject to unwarranted invasion of privacy and except that
all evidence or information obtained in the course of any inspection
shall be considered privileged information and shall be kept confidential.
Such evidence or information shall not be disclosed except as may
be necessary in the judgment of the Code Enforcement Officer for the
proper and effective administration and enforcement of the provisions
of this chapter and shall not otherwise be made public without the
consent of the owner, occupant, operator or other person in charge
of the premises inspected.
A.
Enforcement. The Code Enforcement Officer shall enforce
and administer all of the provisions of all laws and chapters of the
Code.
B.
General duties. The duties of the Code Enforcement
Officer shall include the making of inspections to determine conformance
with applicable chapters and laws, the undertaking of systematic inspection
programs, the undertaking of research and investigations, the keeping
of records, the issuance of violation notices and such other activities
as may be required.
C.
Right of entry.
(1)
In the discharge of his duties, the Code Enforcement
Officer or his authorized representative, upon showing proper identification
where requested, is hereby authorized to enter and inspect, between
the hours of 8:00 a.m. and 4:30 p.m., any structure or premises in
the town to enforce the provisions of this chapter and of other applicable
chapters and laws. The assistance and cooperation of all other municipal
officials, including Police and Fire Departments, shall be available
to the Code Enforcement Officer to assist in the performance of his
duties and in securing right of entry.
(2)
The Code Enforcement Officer and the owner, operator
or occupant or other person in charge of any structure or premises
subject to the provisions of this chapter may agree to an inspection
by appointment at a mutually convenient time.
(3)
The owner, operator or occupant or other person in
charge of any structure or premises shall give the Code Enforcement
Officer entry and free access thereto and to every part of the structure
or to the premises surrounding the structure.
(4)
If any owner, operator or occupant or other person
in charge fails or refuses to permit entry and free access to the
structure or premises under his control or to any part thereof with
respect to any authorized inspection, the Code Enforcement Officer
may, upon a showing that probable cause exists for the inspection,
file a complaint and may petition for and obtain an order directing
compliance with the inspection requirements of this chapter from a
court of competent jurisdiction. Any person who refuses to comply
with such an order issued pursuant to this section shall be subject
to such penalties as may be authorized by law for violation of a court
order.
A.
Whenever the Code Enforcement Officer or his assistant determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or of the other Code chapters and laws, he shall issue an appearance ticket as provided in Chapter 4, Appearance Tickets.
B.
The appearance ticket shall be served personally upon
the responsible owner, occupant, operator or other person in charge.
A.
Unless a different penalty is prescribed in another
chapter of this Code, any person who fails to correct a violation
or institute a remedial action as ordered by the Code Enforcement
Officer or who violates a provision or fails to comply with any requirements
of this chapter or of any of the other applicable chapters or laws
shall be subject, for each violation, to a fine of not more than $250
or imprisonment for a term not exceeding 15 days, or both. Each day's
failure to comply with any such provision or requirement or any such
order shall constitute a separate offense.
B.
The imposition of the penalties herein prescribed
shall not preclude the Town Attorney from initiating, and he is hereby
ordered to initiate, appropriate actions or proceedings at law or
in equity to effect the purposes of this chapter.
