N.Y. Mult. Resid. Law § 303 Enforcement

• Library: New York Statutes
• Edition: 2023
• Currency: Current through 2023 NY Law Chapter 679

1. The provisions of this chapter shall be enforced within each municipality by a person or department charged with such duty as provided in this section, provided, however, that in the case of a town such person or department shall have power and jurisdiction concerning such enforcement only with respect to such part of the town as is outside the limits of any village or city. Whenever in any city or village there is a person or department enforcing any building code, or in any town there is a person or department enforcing any building code with respect to the whole or the portion thereof outside the limits of any village or city, the provisions of this chapter shall be enforced by such person or department in such city or village, or in such town or portion thereof, respectively. If there be no such person or department in and for a city or village, or in a town for the whole or the portion thereof outside the limits of any city or village, the chief executive officer or, if there be none, the chief administrative body or board of the city, village, or town, respectively, shall have the power to and shall organize a department or shall designate or employ a person or department for the enforcement of this chapter in such city or village, or in such town or portion thereof, respectively, and the provisions of this chapter shall be enforced therein by the department so organized or the person or department so designated or employed. The person so designated or employed to enforce this chapter in a city or village or in a town or portion thereof, or in two or more of them acting jointly, as hereinafter provided, need not be an elector of the city, village or town, or of any of them, as the case may be, in or for which he is so designated or employed. A person assigned as a fire department inspector pursuant to subdivision four of this section shall not by virtue of such assignment be disqualified from holding the office of enforcement officer.

2. One such person or department may be designated or employed by two or more cities, villages or towns, acting jointly, for the enforcement of this chapter in such cities or villages, or in such towns or portions thereof, respectively, and such cities, villages and towns may make and perform agreements in connection therewith. Where two or more municipalities are so jointly acting, provision shall be made by each municipality for the appropriation, custody, audit, approval and payment of funds sufficient to defray the expense of operation of such person or department, including salaries, in such municipality or municipalities or portion or portions thereof. Any joint agreement made as provided in this section shall include provisions for the proportionate cost of the expense of operation of such person or department, including salaries, to be borne by each municipality or portion thereof and the manner of employment of personnel and may provide that a fiscal officer of one such municipality shall be the custodian of the moneys made available for expenditure for the purposes of such enforcement by all such municipalities or portions thereof and that such fiscal officer may make payments therefrom upon audit of the appropriate auditing body or officer of his municipality. In providing for the enforcement of this chapter in any municipality or portion thereof, a municipality may also contract with another municipality to enforce this chapter within such municipality or portion thereof as required by this chapter, under such terms and conditions as may be stated in such contract, and any amount agreed to be paid under such contract shall be a charge upon the municipality or portion thereof for which such enforcement is provided and shall be paid in the same manner as other charges of the municipality.