Batavia, NY Code Enforcement Record Keeping & FOIL Requests
I had to sift through PLENTY of documents before I found the actual list of what is SUPPOSED to be included in Code Enforcement Record Keeping. I’ve been denied access to records that were supposed to be accessible and I’ve been given the run around on who to see, what papers to fill out, what information to include, and finally just decided to see what the State had to say on the matter. Code enforcement rules and regulations are handed down by the state. A town/city CAN make their standards more stringent than what the state puts forth, but those towns/cities are then required to be on a list that is kept with their names on it. The City of Batavia is NOT on that list, so they should be following the laws handed down where Code Compliance is concerned.
If you head over to The Department of State, Office of Planning and Development webpage, The Building Standard and Codes website clearly shows that Section 13, RECORD KEEPING, states:
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SECTION 13. RECORD KEEPING.
(a) The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all Code Enforcement Personnel, including records of:
(1) all applications received, reviewed and approved or denied;
(2) all plans, specifications and construction documents approved;
(3) all Building Permits, [Certificates of Occupancy / Certificates of Compliance], Temporary Certificates, Stop Work Orders, and Operating Permits issued;
(4) all inspections and tests performed;
(5) all statements and reports issued;
(6) all complaints received;
(7) all investigations conducted;
(8) all other features and activities specified in or contemplated by sections 4 through 12, inclusive, of this local law, including; and
(9) all fees charged and collected.
(b) All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by State law and regulation.”