Town of Dover, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Dover 10-3-1985 by L.L. No. 4-1985. Amendments noted where applicable.]
Building Inspector — See Ch. 8.
Architectural design review — See Ch. 37.
Environmental quality review — See Ch. 61.
Erosion and sediment control — See Ch. 65.
Fire prevention — See Ch. 77.
Flood damage prevention — See Ch. 81.
Subdivision of land — See Ch. 125.
Zoning — See Ch. 145.
There is hereby designated in the Town of Dover a public official to be known as the "Building Inspector," who shall be appointed by the Supervisor with the approval of the Town Board at a compensation to be fixed by it.
In the absence of the Building Inspector or in the case of his inability to act for any reason, the Supervisor shall have the power, with the consent of the Town Board, to designate a person to act in behalf of the Building Inspector and to exercise all the powers conferred upon him by this chapter.
The Supervisor, with the approval of the Town Board, may appoint one Building Inspector or more, as the need may appear. The compensation of such Building Inspectors shall be fixed by the Town Board.
A Building Inspector shall not engage in any activity inconsistent with his duties, nor shall he, during the term of his 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 Dover, except that this provision shall not prohibit him 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.
Except as otherwise specifically provided by law, ordinance, rule or regulation or except as herein otherwise provided, the Building Inspector shall administer and enforce all of the provisions of laws, ordinances, rules and regulations applicable to the plans, specifications or permits for the construction, alteration and repair of buildings and structures and the installation and use of materials and equipment therein and the location, use and occupancy thereof.
He shall promulgate rules and regulations subject to the approval of the Town Board to secure the intent and purposes of this chapter and a proper enforcement of the laws, ordinances, rules and regulations governing building plans, specifications, construction, alteration or repairs.
He shall receive applications, approve plans and specifications and, with the Zoning Administrator, issue permits for the erection and alteration of buildings or structures or parts thereof and shall examine the premises for which such applications have been received, plans approved or such permits have been issued for the purpose of ensuring compliance with laws, ordinances, rules and regulations governing building construction or alterations.
He shall issue in writing all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of such laws, ordinances, rules and regulations, and such notices or orders may be served upon the property owner or his agent personally or by sending by certified mail a copy of such order to the owner or his agent at the address set forth in the application for permission for the construction or alteration of such building and by posting the same upon a conspicuous portion of the premises to which the notice applies. He shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept written reports of inspection from Building Inspectors or other employees of the Department of Buildings or from generally recognized and authoritative service and inspection bureaus or agencies, provided that the same are certified by a responsible official thereof.
Whenever the same may be appropriate to determine compliance with the provisions of applicable laws, ordinances, rules and regulations covering building construction or alteration, he 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.
The Building Inspector and the Zoning Administrator shall issue a certificate of occupancy where appropriate for a building constructed or altered in accordance with the provisions of the Uniform Fire Prevention and Building Code, which such certificate shall certify that the building conforms to the requirements of the Uniform Fire Prevention and Building Code.
[Amended 2-11-1991 by L.L. No. 2-1991]
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.
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.
In accordance with § 382 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, 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.
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 or construction superintendent or his 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.
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.