§ 3. Code Enforcement Officer; inspectors.  


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  • A. 
    The office of Code Enforcement Officer is hereby vested in the Commissioner of Buildings. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this local law. 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, 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, temporary certificates and operating permits, and to include in building permits, certificates of occupancy, 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, temporary certificates and operating permits, firesafety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this local law;
    (4) 
    To issue stop-work orders;
    (5) 
    To review and investigate complaints;
    (6) 
    To issue orders pursuant to Subsection A of Section 15, Enforcement; penalties for offenses, of this local law;
    (7) 
    To maintain records;
    (8) 
    To collect fees as set by the Town Board;
    (9) 
    To pursue administrative enforcement actions and proceedings;
    (10) 
    In consultation with the Town Attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this local law, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this local law; and
    (11) 
    To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this local law, by the Code or Building Zone Ordinance of the Town of Hempstead, or by state law.
    B. 
    The Code Enforcement Officer shall be appointed by the Town Board. 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 thereunder.
    C. 
    The First Deputy Commissioner of Buildings shall serve as Acting Code Enforcement Officer in the event that the Code Enforcement Officer is absent or unable to serve as such for any reason. 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 local law.
    D. 
    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 local law. 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 thereunder.
    E. 
    The compensation for the Code Enforcement Officer and inspectors shall be fixed from time to time by the Town Board.