[HISTORY: Adopted by the Town Board of the Town of Hamptonburgh 8-6-1979
as Ch. 36 of the 1979 Code. Amendments noted where applicable.]
There is hereby designated in the Town of Hamptonburgh a public official
to be known as the "Building Inspector."
[Amended 6-2-1992 by L.L.
No. 3-1992]
A.
Except as otherwise specifically provided by law, ordinance,
rule or regulation, or except as otherwise provided, the Building Inspector
shall administer and enforce the New York State Uniform Fire Prevention and
Building Code[1] in connection with reviewing and/or approving plans, specifications
and/or permits for the demolition construction, alteration or repair of buildings
and structures and the installation and use of materials and equipment therein
and the location, use and occupancy thereof.[2]
[1]
Editor's Note: The Town Board of the Town of Hamptonburgh accepted
by resolution the applicability of the New York State Uniform Fire Prevention
and Building Code in its entirety, and copies of such resolution have been
filed with the Housing and Building Codes Bureau.
B.
Whenever the same may be appropriate to determine compliance
with the provision of applicable laws, ordinances, rules and regulations covering
building construction, demolition or alteration, the Building Inspector may,
in his discretion, accept and rely upon written reports of tests in the field
by experienced, professional persons or by accredited and authoritative testing
laboratories or service and inspection bureaus or agencies.
In the absence of the Building Inspector, or in the case of his inability
to act for any reason, the Town Board shall have the power to designate a
person to act on behalf of the Building Inspector and to exercise all the
powers conferred upon him by this chapter.[1]
The Building Inspector, inspectors appointed as provided in § 59-3 or officers or employees of the Building Department shall not engage in any activity inconsistent with their duties or with the interest of the Building Department, nor, during the term of employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials, supplies or appliances for or the supervision of the construction, alteration, demolition or maintenance of a building or the preparation of plans or specifications thereof within the Town of Hamptonburgh; except that this provision shall not prohibit any employee from engaging in any such activities in connection with the construction of a building or structure owned by him for his own personal use and occupancy or for the use and occupancy of members of his immediate family and not constructed for sale.
A.
The Building Inspector shall keep permanent official
records of all transactions and activities conducted by him, including all
applications received, plans approved, permits and certificates issued, fees
charged and collected, inspection reports, all rules and regulations promulgated
by him with the consent of the Town Board and notices and orders issued. All
such records shall be public records, open to public inspection during normal
business hours at the office of the Building Inspector.
B.
The Building Inspector shall annually submit to the Town
Board a written report and summary of all business conducted by the Department
of Buildings, including approvals, permits and certificates issued, fees collected,
orders and notices promulgated, inspections and tests made and appeals or
litigation pending or concluded.
A.
In accordance with § 383 of Article 18 of the
Executive Law of the State of New York, it shall be unlawful for any person,
firm or corporation to construct, demolish, alter, repair, move, equip, use
or occupy any building or structure or portion thereof in violation of any
provision of law or ordinance as well as any regulation or rule promulgated
by the Building Inspector in accordance with applicable laws, or to fail in
any manner to comply with a notice, directive or order of the Building Inspector,
or to construct, alter, use or occupy any building or structure or part thereof
in a manner not permitted by an approved building permit or certificate of
occupancy.
[Amended 6-2-1992 by L.L.
No. 3-1992]
B.
Any person who shall fail to comply with a written order
of the Building Inspector within the time fixed for compliance therewith,
and any owner, builder, architect, tenant, contractor, subcontractor, construction
superintendent or their agents or any other person taking part or assisting
in the construction or use of any building who shall knowingly violate any
of the applicable provisions of law or any lawful order, notice, directive,
permit or certificate of the Building Inspector made thereunder shall be punishable
by fine or imprisonment or both. Each day that a violation continues shall
be deemed a separate offense.
C.
Except as provided otherwise by law, such a violation
shall not be a crime, and the penalty or punishment imposed therefor shall
not be deemed for any purpose a penal or criminal penalty or punishment and
shall not impose any disability upon or affect or impair the credibility as
a witness, or otherwise, of any person found guilty of such an offense.
Appropriate action and proceedings may be taken at law or in equity
to prevent unlawful construction or to restrain, correct or abate a violation
or to prevent illegal occupancy of a building, structure or premises or to
prevent illegal acts, conduct or business in or about any premises, and these
remedies shall be in addition to penalties otherwise prescribed by law.
