Building construction and fire prevention — See Ch. 82.
Unsafe buildings — See Ch. 89.
Fees — See Ch. 118.
Housing standards — See Ch. 147.
Property maintenance — See Ch. 192.
§ 8-1Title; applicability.
§ 8-2Legislative intent.
§ 8-4Establishment; duties; administration.
This chapter shall be cited as and may be referred to hereinafter as the "Code Enforcement Bureau Law." This chapter shall relate to the Incorporated Village of Spring Valley.
The Board of Trustees of the Village of Spring Valley is aware that there are or may be in the future dwelling structures in the Village of Spring Valley which are so dilapidated, unsafe, dangerous, unhygienic or unsanitary as to constitute a menace to the health and safety of residents of the Village of Spring Valley, and that such dwelling structures may very well be, either now or in the future, in violation of such housing standards as are provided for in the various laws composing the Code of the Village of Spring Valley and other applicable state and local laws having jurisdiction over such housing. Because of this, the Board of Trustees has deemed it necessary to create a Code Enforcement Bureau for the Village of Spring Valley and to authorize, through such Bureau, the systematic inspection of dwellings and enforcement of such laws as compose the Code of the Village of Spring Valley and of other applicable state and local laws to the end that the housing standards of the Village of Spring Valley, where necessary, may be raised to and maintained at a decent level for the betterment and welfare of all of the residents of the Village of Spring Valley.
This chapter shall apply but not be limited to residential premises as follows:
Lots, plots or parcels of land on which residential buildings, buildings of mixed occupancy or accessory structures are located.
Residential buildings, including one- and two-family dwellings and multiple dwellings.
Residential occupancies in buildings of mixed occupancy.
Accessory structures, accessory to residential occupancies.
Function of Bureau. A Code Enforcement Bureau has been established as part of the Building Department. Such Bureau shall be responsible for and shall secure compliance with housing standards in the Village of Spring Valley as are or may be in the future provided for in the various laws of the Code of the Village of Spring Valley and in other applicable state and local laws and regulations having in any way jurisdiction over or applicability to housing and housing standards of dwelling units in the Village of Spring Valley.
Administration. The Bureau shall be under the direction and charge of the Village Building Inspector, who shall have as his representatives such assistants and inspectors as may be necessary to carry out effectively the powers and duties of the Bureau. All personnel of the Bureau shall be appointed by the Mayor with the approval of the Board of Trustees of the Village of Spring Valley and shall be furnished with appropriate official badges or identification cards. All such personnel shall be free from personal liability for acts done in good faith in the performance of their official duties.
Duties of Building Inspector. It shall be the duty of the Building Inspector:
Inspections. To cause periodic inspections to be made of multiple dwellings and retail premises every three years or more often, if deemed necessary by the Building Inspector.
Investigation of complaints. To cause investigation of all complaints of alleged housing violations or other unsafe or unsanitary conditions.
Issuance of orders. To order, in writing, where applicable, the remedying of all conditions found to exist in or on any premises in violation of the provisions of any of the housing standards, laws, other laws of the Village Code, the Multiple Residence Law of the State of New York, the State Uniform Fire Prevention and Building Code or of any other local or state law; to issue summonses in connection with such violations, where appropriate, and, where necessary, to order the vacating of premises found unfit for human habitation, all as may be provided for, in proper cases, in the laws comprising the Code of the Village of Spring Valley and in other applicable law.
Legal action. To request the Village Attorney to take appropriate legal action in the name of the Village or in the name of the people of the State of New York upon the failure of a responsible party to take such steps as may be called for in a violation order of the Building Inspector within the time specified therein.
Search of records. To cause a search of records of any of the village departments as to housing violations existing on any premises and to issue a certified statement thereof upon receipt of a written request and payment of any fees required in this chapter or in any village law, whichever may be appropriate.
Study of housing conditions. To study housing conditions in the village and to conduct surveys of housing in any area of the village to determine the condition of premises or the extent of deterioration.
Cooperation. To cooperate with other municipal, governmental and private agencies engaged in the study and improvement of housing conditions.
Annual report. To publish an annual report of housing conditions in the village, the accomplishments of the Bureau and recommendations for the future.
Powers of the Building Inspector. Anything herein contained to the contrary notwithstanding, it is the intention of this chapter that the enforcement of any law of the Village of Spring Valley or local law or state statute pertaining in any way to the subject matter of this chapter shall come within the purview and jurisdiction of the Bureau and shall be enforceable by the inspectors thereof as if the provisions thereof were set forth in this chapter at length.
Emergency provisions. Whenever the Building Inspector finds that an emergency exists which requires immediate action to protect the public health, safety or welfare, he may, without notice or hearing, issue and serve an order reciting the existence of such emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter or of any other of the laws of the Code of the Village of Spring Valley, such order shall be effective immediately. Any party to whom such order is directed shall comply therewith immediately. If such party is not available or does not respond with sufficient promptness to meet the emergency, then the Building Inspector shall proceed to enforce the order issued as provided hereinafter.
Building Inspector to abate hazards in emergencies. Whenever, in the opinion of the Building Inspector, any violation of this chapter causes a direct hazard or immediate danger to the health, safety or welfare of the occupants of a building or to the public, has not been corrected in the time specified by the order issued pursuant to Subsection E hereinabove, the Building Inspector shall notify the Mayor who shall, if time permits, notify the Board of Trustees. The Mayor and/or the Board of Trustees may then authorize him to take such direct action as is necessary to abate the hazard or danger. Expenses incurred in the execution of such orders shall be recovered as provided in applicable laws set forth in the Code of the Village of Spring Valley or other applicable law or state statutes, as the case may be. If time did not permit the Mayor to advise the Board of Trustees before authorizing action by the Building Inspector, the Mayor shall notify the Board as soon as practicable.
Inspection. Inspectors of the Bureau shall be authorized and shall have the right in the performance of their duties and in conformity with legal safeguards to enter any premises during normal business hours and in emergencies, whenever necessary, to protect the public interest. Owners, agents, operators, superintendents and occupants shall be responsible for providing access to all parts of the premises within their control to authorized Bureau personnel acting in the performance of their duties.
Records. The Bureau shall keep records of all complaints received and inspections made on violations found regarding premises regulated by any of the housing standards, laws or statutes of the village or of the State of New York. Records shall be kept available for public inspection. Upon payment of a fee in accordance with Freedom of Information Law fees,