A.
There is hereby designated in the Village of Liverpool a public official
to be known as the "Code Enforcement Official," also referred to as
the "Code Enforcement Officer," and/or "Fire Marshal," who shall be
appointed by the Mayor with the approval of the Board of Trustees
at a compensation to be fixed by it. The Code Enforcement Officer
shall, at the time of appointment, have at least an associate's degree
in fire protection technology or code enforcement technology, certification
from the State Fire Administrator pursuant to the Executive Law and
the regulations promulgated thereunder and have at least five years'
work experience in the field of building or fire prevention code enforcement.
B.
The Mayor, with approval of the Board of Trustees, may appoint one
or more Deputy Code Enforcement Officers, or inspectors, as need may
appear, to act under the supervision and direction of the Code Enforcement
Officer and to exercise any portion of the powers and duties of the
Code Enforcement Officer as they may direct. The compensation of such
Deputy Code Enforcement Officer shall be fixed by the Board of Trustees.
Each Deputy Code Enforcement Officer shall have the training and experience
necessary to perform the duties assigned.
C.
In the absence of the Code Enforcement Officer, or in the case of
their inability to act for any reason, the Mayor shall, with the consent
of the Board of Trustees, designate a person to act in their behalf
and to exercise all of the powers conferred upon them by this chapter.
D.
No officer or employee of the Building Department shall engage in
any activity inconsistent with his duties or with the interests of
the Building Department; nor shall they, during the term of their
office or employment, be engaged directly or indirectly in any building
business, in the furnishing of labor, material or appliances for the
construction, alteration or maintenance of a building or the preparation
of plans or specifications thereof within the Village of Liverpool,
except that this provision shall not prohibit any officer or employee
from such activities in connection with the construction of a building
or structure owned by them and not constructed for sale.
A.
The Code Enforcement Officer shall administer and enforce all the
provisions of the Uniform Code, the Energy Code and this chapter within
the Village of Liverpool and shall be supervised by the Chief of Police
of the Village of Liverpool. The Code Enforcement Officer shall have
the following powers and duties:
(1)
To receive, review, and approve or disapprove applications for building
permits, excavations/fill permits, hot work permits, certificates
of occupancy, certificates of compliance, temporary certificates of
occupancy, and operating permits, and the plans, specifications, and
construction documents submitted with such applications;
(2)
Upon approval of such applications, to issue building permits, excavations/fill
permits, hot work permits, certificates of occupancy, certificates
of compliance, temporary certificates of occupancy, and operating
permits, and to include in terms and conditions as the Code Enforcement
Officer may determine to be appropriate building permits, certificates
of occupancy, certificates of compliance, temporary certificates of
occupancy, and operating permits;
(3)
To conduct construction inspections; inspections to be made prior
to the issuance of certificates of occupancy, certificates of compliance,
temporary certificates of occupancy, and operating permits; fire safety
and property maintenance inspections; inspections incidental to the
investigation of complaints; and all other inspections required or
permitted under any provision of this chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Board of Trustees of this Village;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
If admission is refused or cannot be obtained from a person
in possession or occupancy, the Code Enforcement Officer is authorized
to obtain a warrant to make an inspection, provided that reasonable
or probable cause is shown;
(11)
In the case of an emergency, the Code Enforcement Office may,
without a warrant, enter any premises or parts of premises to inspect
the same, at any time, without the permission of the person in possession
or occupancy;
(12)
In consultation with this Village's attorney, to pursue such
legal actions and proceedings as may be necessary to enforce the Uniform
Code, the Energy Code, and this chapter, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code, or this
chapter;
(13)
The Code Enforcement Officer may, after public notice and publication
at least five days' prior to the effective date thereof in the official
newspaper of the Village of Liverpool, promulgate such further rules
and regulations as the Code Enforcement Officer deems reasonable and
necessary to carry out the provisions of this chapter. Such rules
and regulations shall not be in conflict with the Uniform Code and
the Energy Code;
(14)
The Code Enforcement Officer may request and shall receive assistance
and cooperation of other departments of the Village of Liverpool in
the enforcement of this chapter or other law, ordinance, rule or regulation
that they are charged to enforce;
(15)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this chapter.
