This chapter shall be enforced by a Building
Inspector and one or more Assistant Building Inspectors, as the Town
Board may appoint and deem necessary, hereinafter collectively referred
to throughout this chapter and otherwise in the Code as the "Building
Inspector." It shall be the duty of the Building Inspector, and he
is hereby empowered, to:
A. Inspect any building, structure or land to determine
whether any violation of this chapter, the New York State Uniform
Fire Prevention and Building Code or such other laws, rules and regulations,
as he shall be chargeable with inspection or enforcement of, have
been committed or exist; whether or not such building, structure or
land is occupied; whether such occupancy is in conformity with all
of the applicable laws, rules and regulations; whether or not a certificate
of occupancy or use has been issued; and whether or not occupancy
is in conformity with the aforesaid certificates or such other certificates
as the Building Inspector shall issue; and to otherwise generally
inspect and enforce all of the laws, rules and regulations relating
to or affecting lots, buildings or structures and their use and occupancy
and to have all of the powers provided for under § 138 of
the Town Law of the State of New York.
B. Issue such permits and certificates in conformity
with the laws, rules and regulations of the State of New York and
of this chapter and to refuse to issue the same in the event of noncompliance,
which reason therefor shall be endorsed on the application and notice
thereof given to the applicant, as is provided in this chapter.
C. Keep the Town Board advised of all matters, as the
Town Board shall determine, relating to the enforcement of this chapter
and the appropriate laws, rules and regulations; to make and keep
all records necessary and appropriate to the office, including the
issuance and denial of building permits and certificates of occupancy
and/or uses, formal complaints of violation and the action taken on
same; and to keep a record of all permits and certificates of occupancy
and use issued that shall be available for public inspection.
D. Issue and post notices of violations, stop orders,
orders directing the remedying of any condition or omission that is
or creates a violation of this chapter or other applicable laws, rules
and regulations and to revoke building permits, certificates of occupancy
and certificates of use.
E. Make such inspections and reports as shall be required
by the Town Board for the enforcement of, amendment of or addition
to this chapter or of any section of the Code or rules and regulations
thereunder.
F. Apply to the Town Board for authorization to perform
such other actions or duties as may be necessary or required to enforce
any authority or to invoke any penalty for the violation of this chapter
and the Code and its rules and regulations.
G. Have the power, right and authority to issue an appearance
ticket, as the same is defined in Article 150 of the Criminal Procedure
Law of the State of New York, for the violation of any section of
this chapter or for any order of the Building Inspector.
Any person who shall violate any order of the
Building Inspector issued under this chapter shall be deemed to have
violated this chapter.
The Building Inspector or his authorized agent,
upon the showing of proper credentials and in the discharge of his
duties, may enter upon any land or building or structure at any reasonable
hour, subject to all applicable laws.
[Amended 6-8-1999 by L.L. No. 7-1999; 4-26-2022 by L.L. No. 2-2022]
A violation of this chapter is hereby declared
to be an offense punishable by a fine not to exceed $5,000 or imprisonment
for a period not to exceed six months, or both, for a conviction of
a first offense; for a conviction of a second offense, both of which
were committed within a period of five years, punishable by a fine
of not less than $1,000 nor more than $10,000 or imprisonment for
a period not to exceed six months, or both; and upon conviction of
a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine of not less than $2,000
nor more than $25,000 or imprisonment for a period not to exceed six
months, or both. Each week's continued violation shall constitute
a separate additional violation. In addition to the foregoing provisions,
the Town shall have such other remedies for any violation or threatened
violation of this chapter as is now or may hereafter be provided by
law.
Nothing contained herein shall be deemed to
limit or prevent prosecution pursuant to the Multiple Residence Law
or the Executive Law of the State of New York.
[Amended 6-8-1999 by L.L. No. 7-1999]
Whenever the Building Inspector shall approve
or disapprove, act or fail to act or otherwise perform any of his
duties and shall render a decision thereon, such decision shall be
reviewable by appeal to the Board of Appeals from the Building Inspector's
decision. Such appeal shall be taken not more than 60 days after the
filing of the decision of the Building Inspector in the office of
the Building Inspector.
[Added 5-8-1990; amended 10-8-1996 by L.L. No. 13-1996]
All grading and filling operations, drainage
improvements, erosion control, placement of utilities and construction
of streets and any related improvements shall be inspected by the
Town Engineer for determining compliance with all applicable codes
and laws. Enforcement of such compliance shall be the duty of the
Town Engineer. The Town Engineer shall have the power, right and authority
to issue and post notices of violations, stop orders directing the
remedying of any condition or omission that relates to grading and
filling operations, drainage improvements, erosion control and placement
of utilities and construction of streets. The Town Engineer shall
have the power, right and authority to issue appearance tickets, as
the same is defined in Article 150 of the Criminal Procedure Law of
the State of New York, for the violations that relate to grading and
filling operations, drainage improvements, erosion control and placement
of utilities and construction of streets.