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.
In accordance with § 382 of Article 18 of the Executive Law
of the State of New York:
A. 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.
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 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.
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.