Except as otherwise specifically provided by law,
ordinance, rule or regulation or except as herein provided, the Building
Inspector and any Assistant Building Inspector shall administer and
enforce all of the provisions of the Village Code, any regulations
promulgated thereunder and any rules and regulations adopted by the
Village of Plandome applicable to the construction, alteration, removal
and demolition of buildings and structures, including electrical,
plumbing and drainage work therein and the installation and use of
materials and equipment therein and the location, use, occupancy and
maintenance thereof.
Prior to the issuance of a certificate of occupancy
or certificate of completion, the Building Inspector shall have the
right, for reasons of public health or safety, at any reasonable hour,
upon the showing of proper credentials and in the discharge of his
duties, to enter upon any building, structure or premises for which
a building permit has been issued; and no person or animal shall interfere
with or prevent such entry.
The Building Inspector shall, on complaint or other
information, examine existing and completed buildings and structures,
as well as buildings or structures under construction for compliance
to code, and shall issue all appropriate notices or orders to remedy
illegal or unsafe conditions, to require the necessary safeguards
during construction and to insure compliance during the entire course
of construction with the requirements of applicable laws, codes, ordinances
or regulations.
The Building Inspector shall make all inspections
which are necessary or proper for the carrying out of his duties,
except as he may accept or require written reports from licensed professionals
and certifications from others.
The Building Inspector shall have the authority to
declare that an emergency condition exists, wherein, in his opinion,
the safety of the occupants or the general public is at immediate
risk for possible harm. In this instance, the Building Inspector may
order the evacuation of any structure or building until such time
as it has been determined that the emergency condition no longer exists.
If the Building Inspector declares an emergency exists he must immediately
notify the Mayor and the Village Clerk of such declaration and identify
the basis for such declaration in writing.
The Building Inspector shall keep permanent official
records of all transactions and activities conducted, including applications
received, plans approved, permits and certificates issued, fees charged
and collected, inspection reports as well as a record of all warnings,
notices and orders issued.
The Mayor may appoint one or more Code Enforcement
Officers, all of whom shall act under the supervision and direction
of the Board of Trustees and the Clerk/Treasurer as they may direct.
Except as otherwise specifically provided by law,
ordinance, rule or regulation or except as herein provided, the Code
Enforcement Officers shall enforce all of the provisions of the Village
Code, any regulations promulgated thereunder and any rules and regulations
adopted by the Village of Plandome.
The Code Enforcement Officer(s) shall keep permanent
official records of all transactions and activities conducted by them,
including inspection reports and a record of all warnings and appearance
tickets issued.
Pursuant to the authority vested in the Village Board
by Subdivision 4(a) of § 10 of the Municipal Home Rule Law
of the State of New York, the Village of Plandome has hereby authorized,
directed and permitted the Code Enforcement Officer(s) and all other
personnel designated by the Board of Trustees to issue appearance
tickets in accordance with Article 150 of the Criminal Procedure Law
of the State of New York against any persons, parties or entities
relating to the enforcement of any local law, ordinance, rule or regulation
of the Village of Plandome.
Pursuant to the authority vested in the Village Board
by Subdivision 4(a) of § 10 of the Municipal Home Rule Law
of the State of New York, the Village of Plandome has hereby authorized,
directed and permitted the Clerk/Treasurer or his designee, in conjunction
with the Village Prosecutor, to design appropriate appearance tickets
for use by enforcement personnel and to implement procedures for the
service and prosecution of such appearance tickets.
A violation of any of the provisions of Chapter 175 of the Code of the Village of Plandome by any person(s), firm or corporation, including, but not limited to, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who knowingly commits, takes part or assists in any such violation or who maintains any building or premises in which such violation shall exist, shall be liable for:
[Amended 7-9-2013 by L.L. No. 3-2013; 10-13-2020 by L.L. No. 1-2020]
A fine not exceeding $2,000 or imprisonment for a
period not to exceed 15 days, or both, for a conviction of a first
offense; for a conviction of a second offense, both of which were
committed within a period of five years, a fine of not less than $2,000
nor more than $5,000 or imprisonment for a period not to exceed 15
days, or both; and upon conviction for a third or subsequent offense,
all of which were committed within a period of five years, a fine
of not less than $5,000 nor more than $10,000 or imprisonment for
a period not to exceed 15 days, or both; or
A civil penalty not exceeding $2,000 for a first offense;
for a conviction of a second offense, both of which were committed
within a period of five years, a civil penalty of not less than $2,000
nor more than $5,000; and upon conviction for a third or subsequent
offense, all of which were committed within a period of five years,
a fine of not less than $5,000 nor more than $10,000.
Each week's continued violation shall constitute a
separate additional violation, for which separate and additional fines
and punishment or civil penalties may be imposed and recovered.
In the event the penalty sought is within the monetary
jurisdiction of the Justice Court, as established in Article 18 of
the Uniform Justice Court Act, such action to recover such penalty
may, as shall be determined by the Village Attorney, be commenced
in the appropriate court as a small claims action.
It shall be a permitted presumption for the purpose
of enforcing this Code that the owner of the premises upon which a
violation occurred, knew, allowed or otherwise permitted the violation
to occur.