§ 89-3. Code Enforcement Officer and inspectors.

A. 

The office of Code Enforcement Officer is hereby continued. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this article. The Code Enforcement Officer shall have the following powers and duties:

(1) 

To receive, review, and approve or disapprove applications for building permits, certificates of occupancy, certificates of compliance, temporary certificates and operating permits, and the plans, specifications and construction documents submitted with such applications;

(2) 

Upon approval of such applications, to issue building permits, certificates of occupancy, certificates of compliance, temporary certificates and operating permits, and to include in building permits, certificates of occupancy, certificates of compliance, temporary certificates and operating permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate;

(3) 

To conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy, certificates of compliance, temporary certificates 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 article;

(4) 

To issue stop-work orders;

(5) 

To review and investigate complaints;

(6) 

To issue orders pursuant to Subsection A of § 89-15, Enforcement; penalties for offenses, of this article;

(7) 

To maintain records;

(8) 

To collect fees as set by the Town Board of the Town of Malta;

(9) 

To pursue administrative enforcement actions and proceedings;

(10) 

In consultation with the Town of Malta's attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this article, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this article; and

(11) 

To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this article.

B. 

The Town of Malta Office of Code Enforcement may engage a contractor to assist the Town's Fire Marshalls in the tracking of fire protection systems within the Town of Malta by providing to the Town's Fire Marshalls an online electronic reporting system. Further, the Town of Malta will approve agencies that register as authorized inspection companies with said contractor as duly approved inspectors who are hereby authorized and deputized as agents of the Town of Malta for the limited purpose of making inspections and reinspections of all fire protection systems heretofore and hereafter described, and to approve and disapprove the same. In no event, however, will fees relating to registering with the Town's contractor or the cost of such inspections and reinspections be a charge against the Town of Malta.

C. 

It shall be the duties of the approved inspectors described in Subsection B to provide written reports electronically to the Town of Malta's aforementioned contractor so that the contractor can electronically report to the Fire Marshall, whose duty it shall be to enforce, prosecute or cause to be ameliorated all the provisions of this Code, all violations of or deviations from or omissions of the Uniform Fire Prevention and Building Code, and of all local codes and the New York State Fire Prevention and Electrical Code insofar as any of the same apply to fire protection systems. The inspectors shall make inspections and reinspections of fire protection systems installations or alterations in and on properties in the Town of Malta upon the written request of an authorized official of the Town of Malta or as herein provided. The inspectors are authorized to make inspections and reinspections of fire protection system installations or alterations, devices, appliances and equipment where they deem it necessary for the protection of life and property. In the event of an emergency it is the duty of the inspectors to make fire protection system inspections upon the oral or written request of an official or officer of the Town of Malta. It shall be the duty of the inspectors to furnish electronic written reports to the Town's contractor so that the contractor can furnish electronic written reports to the proper officials of the Town of Malta and owners and lessees of property where defective electrical installations, alterations or equipment are in conformity with this Code. The inspectors shall cause an electronic copy of the certificate of compliance be sent to the Town of Malta to the attention of the Fire Marshall.

For purposes of this section, "written" shall include physical (e.g., on paper) or electronic (e.g., text or email) writings.

D. 

All Town residents and businesses are required to comply with the inspection reporting requirements prescribed in this section.

E. 

All Town residents and business adjudged by a court of competent jurisdiction to have violated this section shall be subject to a fine of up to $50 per day that said violation exists or continues to exist. In addition to any fine imposed, the court may in addition impose court costs and fees as determined from time to time and pursuant to law and regulation. Further, the Town reserves the right to pursue any and all remedies at law and equity for the enforcement of this section and to recover all costs incurred, including but not limited to staff time and reasonable attorney fees, in connection in the enforcement of this section, and to recover and/or enforce such obligations in the manner set forth in Chapter 88 of the Malta Town Code.

F. 

The Code Enforcement Officer shall be appointed by the Town Board of the Town of Malta. The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated hereunder.

G. 

In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed by the Town Board to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this article.

H. 

One or more inspectors may be appointed by the Town Board to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this article. Each inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and each inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated hereunder.

I. 

The compensation for the Code Enforcement Officer and inspectors shall be fixed from time to time by the Town Board of the Town of Malta.

Amended 5-7-2018 by L.L. No. 7-2018