§ 92-9. Firesafety and property maintenance.

A. 

Inspections required. Firesafety and property maintenance inspections of buildings and structures shall be performed by the CEO or an Assistant CEO at the following intervals:

(1) 

Firesafety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months;

(2) 

Firesafety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every 12 months;

(3) 

Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) above herein, and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this section shall be performed at least once every 36 months.

B. 

Inspections permitted.

(1) 

In addition to the inspections required by Subsection A above herein, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the CEO at any time upon:

(a) 

The request of the owner of the property to be inspected or an authorized agent of such owner;

(b) 

Receipt by the CEO of a written statement alleging that conditions or activities failing to comply with the Uniform Code, the Energy Code or the Town Code exist; or

(c) 

Receipt by the CEO of any other information reasonably believed by the CEO to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code, the Energy Code or the Town Code exist.

(2) 

Provided further, however, that nothing in this section shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.

C. 

OFPC inspections. Nothing in this section or in any other provision of this chapter shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control (OFPC) and the New York State Fire Administrator under Executive Law, § 156-e and Education Law, § 807-b, notwithstanding any other provision of this section to the contrary.

D. 

Upon completing a fire prevention and safety inspection, the Town of Canandaigua Code Enforcement Officer shall serve, by regular, first-class mail, a written invoice for the inspection fee upon the owner of the property inspected and, if the property is not owner-occupied, the occupant or any person having the control of any such property. If the owner does not occupy the subject property, the owner shall be so served at the current address on file in the Town of Canandaigua Tax Collector's Office.

E. 

Fee. The fee specified in or determined in accordance with the provisions set forth in § 92-14 of this chapter must be paid prior to issuance of the fire and safety inspection report. This section shall not apply to inspections performed by OFPC. In the event the Town Clerk does not receive full payment of the inspection fee within 30 days of the date such invoice is mailed, the inspection fee or balance thereof, plus a service charge of 50% of the unpaid balance may be added to cover the cost of supervision and administration by the CEO and Town Supervisor. Said fee shall be charged and assessed against the owner, tenant or occupant of the property that was the subject to the inspection. The inspection fee and service charge, so assessed, shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town taxes and charges.