§ 56-1Department established.
§ 56-2Appointment of Code Enforcement Officer; qualifications.
§ 56-3Appointment of deputies.
§ 56-4Acting Code Enforcement Officer.
§ 56-5Restrictions on officers and employees; exceptions.
§ 56-6Powers and duties of Code Enforcement Officers.
§ 56-7Records and reports.
§ 56-8Penalties for offenses; other remedies.
§ 56-9Appeals.
There is hereby established a Building Department within the village government, which, except as otherwise provided by law or resolution adopted by the Board of Trustees, shall administer and enforce the New York State Uniform Fire Prevention and Building Code and this chapter within the Village of Washingtonville and which shall be supervised by the Code Enforcement Officer. Notwithstanding the establishment of a Building Department and appointment of a Code Enforcement Officer, the Board of Trustees possesses the right and authority to assign responsibility among the village departments, officers and employees for the various aspects of administration and enforcement of the various aspects of the New York State Uniform Fire Prevention and Building Code and this chapter.
There is hereby designated in the Village of Washingtonville a public official to be known as the "Code Enforcement Officer," who shall be appointed by the Mayor with the approval of the Board of Trustees at a compensation to be fixed by it. The Code Enforcement Officer shall, at the time of appointment, have training in fire protection technology and code enforcement technology and at least five years' work experience in the construction field with fire prevention code enforcement or equivalent experience as determined by the Board of Trustees. At all times, the Code Enforcement Officer shall meet all the minimum standards for code enforcement personnel established by the New York State Department of State.
The Mayor, with approval of the Board of Trustees, may appoint one or more Deputy Code Enforcement Officers, as the need may appear, to assist the Code Enforcement Officer and to exercise any portion of the powers and duties of the Code Enforcement Officer as directed by the Board of Trustees or, in the absence of such direction, as the Code Enforcement Officer may direct. The compensation of such Deputy Code Enforcement Officers shall be fixed by the Board of Trustees. Each Deputy Code Enforcement Officer shall have the training or experience necessary to perform the duties assigned.
In the absence of the Code Enforcement Officer or in the case of his inability to act for any reason, the Mayor shall, with the consent of the Board of Trustees, designate a person to act in his behalf and to exercise all of the powers conferred upon him by this chapter.
No officer or employee of the Building Department shall engage in any activity inconsistent with his duties or with the interests of the Building Department nor shall be, during the term of his office or employment, be engaged directly or indirectly in any building business, in the furnishing of labor, material or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof within the village. This provision shall not prohibit any officer or employee from such activities in connection with the construction of a building or structure owned by him and not constructed for sale. The Board of Trustees may permit an exception in special circumstances where acceptable code inspection services are provided by an outside agency or inspector.
Except as otherwise provided by law or resolution adopted by the Board of Trustees, the Code Enforcement Officer shall administer and enforce the provisions of the New York State Uniform Fire Prevention and Building Code and all laws, rules and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures and the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof, including:
Receipt of applications for and issuance, denial and revocation of building permits and certificates of occupancy for the erection, alteration, removal and demolition of buildings or structures or parts thereof.
Issuance of written order to remedy violations of this chapter and the New York State Uniform Fire Prevention and Building Code and other laws, rules and regulations.
Performance of inspections required or necessary to ensure compliance with the New York State Uniform Fire Prevention and Building Code and this Code, except that he shall accept written reports of inspection from officers or employees of the village so assigned by the Board of Trustees; he may accept written certified reports from generally recognized and authoritative service and inspection bureaus; and, in his discretion, he may accept certified reports from a qualified professional. The Code Enforcement Officer shall also have all authority, powers and duties granted to the Fire Marshal and Fire Police.
The Code Enforcement Officer shall keep permanent official records in the form and manner approved by the Board of Trustees of all transactions and activities conducted by the Building Department, including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all rules and regulations promulgated and notices and orders issued. All such records shall be public records open to public inspection during normal business hours.
The Code Enforcement Officer shall monthly submit to the Board of Trustees a written report of all business conducted by the Building Department.
A violation of any provision of the New York State Uniform Fire Prevention and Building Code or any rule or regulation of this chapter or any lawful order, notice, directive or the terms of a permit or certificate issued by the Code Enforcement Officer shall be deemed a criminal offense punishable as a violation in accordance with the Criminal Procedures Law of the State of New York.
Any person, firm or corporation who violates any provision of the New York State Uniform Fire Prevention and Building Code or any rule or regulation of this chapter or any lawful order, notice, directive or the terms of a permit or certificate issued by the Code Enforcement Officer shall be liable to a civil penalty of not less than $50 nor more than $250 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the village by the Board of Trustees or by the Code Enforcement Officer.
An action or proceeding in the name of the village may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the New York State Uniform Fire Prevention and Building Code, this chapter, rules and regulations adopted pursuant to this chapter or a violation order or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law.
Where practical difficulties or unnecessary hardship may result from enforcement of the strict letter of any provisions of the New York State Uniform Fire Prevention and Building Code, applications for variances consistent with the spirit of the code may be made to the Regional Board of Review in accordance with Part 440 of Title 19 of the New York Codes, Rules and Regulations. The Code Enforcement Officer shall maintain a copy of such rules and regulations for public inspection and shall obtain a copy of all decisions rendered by the Board of Review pertaining to matters within the village.
