Gates, N.Y., Code of Ordinances ch. 133 (eCode360 ed. 2026) § 133-13
Designation of enforcement officer
Operative Text
A. This chapter shall be administered and enforced by the Town of Gates Building Inspector. The Building Inspector shall be assisted by a staff consisting of the Building Inspector, clerks, typists and any other employee or person designated by the Town Board or Building Inspector to assist in carrying out the duties of the Building Inspector. When used in this chapter, the term "Town of Gates Building Inspector" shall have the same meaning as the "Town of Gates Code Enforcement Officer" or his designee, and the term "Fire Marshal" shall have the same meaning as the "Town of Gates code enforcement personnel." B. The Building Inspector and Fire Marshal 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 Gates 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 . Entry into legally occupied private residences or other residential tenancies where there exists an individual privacy right shall be permitted only when the Building Inspector or Fire Marshal 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 (as required by the Executive Law of the State of New York). 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 inspectors. The Building Inspector or his/her duly authorized representative shall provide, upon request, proper identification prior to conducting a routine or emergency inspection of any building or premises. E. Posting with placards. (1) The Building Inspector or his/her representative 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 Gates. The placard may be placed anywhere on the building or premises that the Inspector determines will be readily noticeable and accessible. (2) The nature of the placard to be used may be determined by the Inspector 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 Building Inspector. (3) No person shall remove, deface, conceal or destroy any such placard affixed by the Building Inspector or his/her duly authorized representative.
Gates, N.Y., Code of Ordinances ch. 133 § 133-13 establishes the Town of Gates Building Inspector as the primary official responsible for administering and enforcing the local building and housing code. The Inspector and Fire Marshal are authorized to enter buildings and properties during specified hours to conduct inspections, though entry into private residences requires either the occupant's informed consent, a search warrant, or exigent circumstances. The provision also authorizes the posting of official placards on properties subject to enforcement proceedings, and prohibits anyone from removing, defacing, or destroying those placards.
Plain English — not legal advice.
Under Gates, N.Y., Code of Ordinances ch. 133 § 133-13, compliant property owners generally cooperate with inspection requests made during the authorized hours of 8:00 a.m. to 10:00 p.m. or normal business hours. Operators who receive a request for entry into a residential unit are aware that the Inspector must have consent, a warrant, or exigent circumstances before entering. If a placard is posted on a property by the Building Inspector, operators take care not to remove, deface, or conceal it, as doing so is expressly prohibited by this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 133-13 of the Gates, N.Y., Code of Ordinances provides tenants in private residential units with meaningful privacy protections: the Building Inspector or Fire Marshal may only enter a residence with the tenant's informed consent, a valid search warrant, or in genuine emergency circumstances. Tenants who are asked to allow an inspection have the right under this provision to request proper identification from the inspector before granting access. Those with questions about whether an inspection was conducted lawfully, or about a placard posted on their building, may wish to contact the Town of Gates Building Department or a local tenant-rights organization for general information about how § 133-13 applies.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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