ARTICLE XI, Administration and Enforcement

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Part 3, Administration and Compliance

ARTICLE XI, Administration and Enforcement

§ 143-69. Enforcement agency designated

The Office of Code Enforcement of the Village of Ilion, New York, is hereby designated as the agency to administer and secure compliance with this code.

§ 143-70. Administration of enforcement agency

The agency shall be under the direction and charge of the Code Enforcement Officer, the chief officer of said agency, who may designate as his representative such assistants and inspectors as may be necessary to carry out effectively the powers and duties of the agency.

§ 143-71. Referral of violations to designated officers

A Violations of the provisions of this code which are specifically covered by or within the scope of the Bureau of Fire Prevention of the Village of Ilion shall be referred to the Chief of the Department of Fire or his designated representative, and violations of such provisions of this code which are specifically covered by or within the scope of the Sanitary Code of the Village of Ilion and/or the public health laws of the state shall be referred to the Commissioner of Health or his designated representative.

B Purpose of referrals. The referrals shall be for the purpose of making inspections of said referred alleged violations and reporting, in writing, the results thereof to the chief officer of this agency.

C Report required; contents. At the time of submitting such report, the Chief of the Department of Fire or the Commissioner of Health or their designated representatives making the report shall inform the chief officer of this agency, in writing, that:

(1) The violations contained in the report will be processed under and compliance will be secured in accordance with the provisions of said Fire Prevention Code or said Sanitary Code and/or public health laws.

(2) The violations contained in the report may be processed under and compliance may be secured in accordance with the provisions of the Model Housing Code of the village, and the inspector making such inspection as contained in the report shall cooperate with the chief officer of said Model Housing Code to obtain compliance. The items of violation contained in the report shall be included in any notice or order issued by the chief officer of said Model Housing Code and in all legal proceedings pertaining thereto.

§ 143-72. Powers and duties of enforcement agency and officer

A Adoption of rules and regulations. The agency shall be empowered to adopt rules and regulations necessary for securing such compliance and for its own organization and internal management, provided that such rules and regulations shall not be in conflict with this code.

B Duties of enforcement officer. It shall be the duty of the chief officer to:

(1) Cause periodic inspections to be made of all premises within the scope of this code.

(2) Cause an investigation of all complaints of alleged housing violations or other unsafe or unsanitary conditions. All complaints must be in writing, setting forth the alleged violation or other unsafe or insanitary conditions, and shall be signed by the complainant with his, her or their address. Such complaints shall be filed with or addressed to the Chief Officer, Bureau of Code Enforcement, Municipal Building, Ilion, New York.

(3) Request the chief legal officer of the municipality to take appropriate legal action upon failure of the responsible party to comply with any violation order within the time specified therein.

(4) Cooperate with other municipal governmental and private agencies engaged in the survey, study and improvement of housing conditions.

§ 143-73. Inspections

A Inspections of premises. The chief officer of the agency shall be authorized to make or cause to be made inspections to determine the condition of premises in order to safeguard the health, safety and welfare of the public. The chief officer of the agency or his designated representatives shall be authorized to enter any premises at any reasonable time during business hours, or at such other time as may be necessary in an emergency, for the purpose of performing his duties under this code. Inspections herein authorized shall be limited to the provisions of this code.

B Owner, occupant, etc., to furnish access to premises for inspections; penalty for refusal. Access to all parts of any dwelling, dwelling unit and premises shall be provided by the owner, operator, agent or occupant thereof to personnel authorized in the preceding section for the purpose of making such inspections at any reasonable time during business hours or at such other times as may be necessary in an emergency. Whenever the chief officer shall have cause to suspect that a condition exists on the premises that is detrimental or injurious to the health, safety or welfare of the public or the occupants thereof, he may demand entry regardless of the consent of the owner or occupant, and if the owner or occupant shall refuse or delay in opening said premises for a full and free inspection, he shall be guilty of a violation of this code for each and every refusal, and the chief officer may adopt such other means to enforce entry as may be available under law.

C Identifications furnished inspectors; showing of identification required when entering premises. Inspectors and authorized personnel of the agency shall be supplied with official identification and, upon request, shall exhibit such identification when entering any premises and all parts thereof.

§ 143-74. Notice of violation

Whenever the chief officer of the agency 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 code or any rule or regulation adopted pursuant thereto, he shall give written notice of such violation or alleged violation to the person or persons responsible for such violation. Such notice shall specify the alleged violations and shall provide ten (10) days for compliance. Service of such notice upon the person or persons responsible for such violation or violations shall be deemed sufficient if a copy is served upon him personally; or if a copy thereof is sent by registered 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 registered mail on the same day it is posted to the person responsible. Such notice shall inform the person to whom it is directed of his right to apply, in writing, within ten (10) days for a hearing before the chief officer of the agency of his designated assistant. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this code and with rules and regulations adopted pursuant thereto.

§ 143-75. Hearing

If an application for a hearing as provided for in § 143-74 is properly made, the chief officer of the agency shall set a time and place for and conduct said hearing.

§ 143-76. Final order

Upon the conclusion of such a hearing, or upon expiration of ten (10) days after receipt of such notice if no hearing is requested, the chief officer of the agency may issue a final order. A copy of the final order shall be served in the same manner as provided for service of the notice of violation in § 143-74. Such order shall give the person responsible a reasonable time from the date of service of said order within which to comply. Upon failure of such person to comply, the chief officer shall act to obtain compliance as provided by this code.

§ 143-77. Emergency powers

Whenever the chief officer of the agency finds that a violation of this code exists which, in his opinion, requires immediate action to abate a hazard or constitutes an immediate danger to health, safety or welfare of the occupants of a building or of the public, he may, without prior notice or hearing, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. Notwithstanding any other provision of this code, such an order shall be effective immediately upon service and shall be complied with immediately or as otherwise provided.

§ 143-78. Extension of compliance time

The chief officer of the agency may, in his discretion, extend the compliance time specified in any notice or order issued under the provisions of this code where there is evidence of intent to comply within the period specified, provided that reasonable conditions exist which prevent immediate compliance. No such extension shall be granted except on written application stating the reasons therefor, nor shall it be given for more than thirty (30) days without further written application.

§ 143-79. Records

Records shall be kept of all complaints received, inspections made and violations found regarding premises regulated by this code. Records shall be available for public inspection. Upon request, the agency shall make a search and issue a certificate of any of its records, including violations, upon the payment of a fee as determined by resolution of the Village Board.