Designation of enforcement officer.

A. This chapter shall be administered and enforced by the Town of Webster Code Compliance Coordinator and other Town Code Enforcement Officials. The Code Compliance Coordinator may be assisted by a staff consisting of Code Enforcement Officers, clerks, typists and any other employee or person designated by the Town Board or Director of Community Planning and Development to assist in carrying out the duties of a Code Enforcement Official. When used in this chapter, the term "Town of Webster Code Enforcement Official" shall refer to any New York State certified code enforcement official employed by the Town of Webster or his/her designee, and the term "Fire Marshal" shall have the same meaning as the "Town of Webster Code Enforcement Officer."

B. The Town of Webster Code Enforcement Officials may, between the hours of 8:00 a.m. and 10:00 p.m. or, if different, during normal business hours, enter any building or premises within the Town of Webster for the purpose of making any inspection or investigation to ensure compliance with the provisions of this chapter, the Uniform Code and Part 444 of the Executive Law.[1] Entry into legally occupied private residences or other residential tenancies where there exists an individual privacy right shall be permitted only when the Code Enforcement Official has either obtained the informed consent of the property owner or person with a privacy right to the property, or obtained an appropriate search warrant, or acts in the belief that there exist exigent circumstances whereby immediate entry into a residence is required to ensure the protection of life, safety or property.

[1]Editor's Note: Section 444 of the Executive Law was repealed by L.2003, c. 62, pt. F2, § 1, effective 5-15-2003.

C. Should entrance upon a site to make an inspection required by this chapter or the Uniform Code be denied, or if permission cannot be obtained to make such an inspection, application may be made for a warrant to make such inspection to any court of competent jurisdiction.

D. Identification of Code Enforcement Officials. The Code Enforcement Officials shall provide, upon request, proper identification prior to conducting a routine or emergency inspection of any building or premises.

E. Posting with placards.

(1) Code Enforcement Officials shall be authorized to affix to any building or premises a placard for the purpose of notifying the owner, occupants and the general public that the building or premises is subject to enforcement proceedings by the Town of Webster. The placard may be placed anywhere on the building or premises that the Code Enforcement Official determines will be readily noticeable and accessible.

(2) The nature of the placard to be used may be determined by the Code Enforcement Official based upon the nature of the problem or condition. The placard may specify "Keep Out" or "Not To Be Occupied Until a Certificate of Occupancy Is Issued" or "Not To Be Demolished or Reconstructed Until a Permit Is Issued" or "Stop Work" or any other form of notice, or any combination of the above notices deemed appropriate by the Code Enforcement Official.

(3) No person shall remove, deface, conceal or destroy any such placard affixed by the Code Enforcement Official.