There shall be a Building Board consisting of
five members as follows:
A. Chairman of the Planning Board.
B. Chief of the Fire Department.
C. Chairman of the Zoning Board of Appeals.
D. Two citizens of the Village.
The Building Board shall elect its own Chairman
and Secretary from its members and shall keep minutes of all its meetings.
The two citizen members shall be appointed by the Mayor with the approval
of a majority of the Board of Trustees. If there is no occupant of
any one of the other three positions on the Building Board at any
time, the Mayor shall appoint a substitute, who shall hold office
until an occupant of the named position shall be regularly appointed.
Appointees to the Building Board by the Mayor shall serve for a term
of one official year.
There shall be a Building Inspector, who may
also be Sanitary and Zoning Inspector.
[Amended 5-17-2011 by L.L. No. 5-2011]
A. The Building Board shall be responsible for enforcing Chapter
106, Buildings, Unsafe, of the Village Code, including docketing unsafe buildings.
B. The Building Board shall have the authority to revoke building permits as provided in §
295-101 of the Village Code.
[Amended 5-17-2011 by L.L. No. 5-2011]
The duties of the Building Inspector shall be
to make the necessary inspections for the granting of all certificates
of occupancy and for the approval of all alteration of any building
in the Village. He shall inspect all new construction on which any
inspection is now required or may be required by ordinance hereafter
enacted. He shall have authority to issue notice of violation of any
Village code or ordinance; also to issue a stop order. In the event
of the builder's noncompliance with the stop order, he shall have
authority to issue a summons to the offender. He shall perform such
other duties as prescribed by the Board of Trustees.
[Added 5-20-2008 by L.L. No. 5-2008]
The Building Inspector or Fire Inspector shall review and investigate complaints that allege or assert the existence of conditions or activities that fail to comply with the New York State Uniform Fire Prevention and Building Code, the State Energy Conservation Construction Code, the Zoning Chapter (Chapter
295) of this Code, the Fire Prevention and Life Safety Chapter (Chapter
143) of this Code, or any other local law or regulation adopted for administration and enforcement of those codes and chapters. The process for responding to a complaint shall include such of the following steps as the Building Inspector or Fire Inspector deems to be appropriate:
A. Performing an inspection of the conditions and/or
activities alleged to be in violation, and documenting the results
of such inspection.
B. If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in §
101-9, Violations; penalties for offenses.
C. If appropriate, issuing a stop-work order.
D. If a violation which was found to exist is abated
or corrected, performing an inspection to ensure that the violation
has been abated or corrected, preparing a final written report reflecting
such abatement or correction, and filing such report with the complaint.
[Amended 5-17-2011 by L.L. No. 5-2011]
A. In all cases where the Building Inspector is financially
interested in a building being constructed or reconstructed, he shall
not inspect officially or issue permits or certificates.
B. In any such case the Board of Trustees shall appoint
a substitute to perform the normal function of the Building Inspector
with relation to the particular building specified.
[Amended 5-20-2008 by L.L. No. 5-2008]
A. Compliance orders. The Building Inspector and Fire
Inspector are authorized to order, in writing, the remedying of any
condition or activity found to exist in, on or about any building,
structure, or premises in violation of the New York State Uniform
Fire Prevention and Building Code, the State Energy Conservation Construction
Code, or any chapter of the Hastings-on-Hudson Code of which the Building
Inspector or Fire Inspector is charged with the enforcement. Upon
finding that any such condition or activity exists, the Building Inspector
or Fire Inspector shall issue a compliance order. The Compliance Order
shall be in writing; be dated and signed by the Building Inspector
or Fire Inspector; specify the condition or activity that violates
the Uniform Code, the Energy Code, or the Hastings-on-Hudson Code;
specify the provision or provisions of the codes that is/are violated
by the specified condition or activity; specify the period of time
which the Building Inspector or Fire Inspector deems to be reasonably
necessary for achieving compliance; direct that compliance be achieved
within the specified period of time; and state that an action or proceeding
to compel compliance may be instituted if compliance is not achieved
within the specified period of time. The Building Inspector or Fire
Inspector shall cause the compliance order, or a copy thereof, to
be served on the owner of the affected property personally or by registered
or certified mail or any other method of delivery providing proof
of delivery. The Building Inspector or Fire Inspector shall be permitted,
but not required, to cause the compliance order, or a copy thereof,
to be served on any builder, architect, tenant, contractor, subcontractor,
construction superintendent, or their agents, or any other person
taking part or assisting in work being performed at the affected property
personally or by registered or certified mail or any other method
of delivery providing proof of delivery; provided, however, that failure
to serve any person mentioned in this sentence shall not affect the
efficacy of the compliance order.
B. Appearance tickets. The Building Inspector, Fire Inspector
and their designees are authorized to issue appearance tickets for
any violation of the New York State Uniform Fire Prevention and Building
Code, the State Energy Conservation Construction Code, or any chapter
of the Hastings-on-Hudson Code of which the Building Inspector or
Fire Inspector is charged with the enforcement.
C. Civil penalties. In addition to those penalties prescribed
by state law, any person who violates any provision of the New York
State Uniform Fire Prevention and Building Code, the State Energy
Conservation Construction Code, or any chapter of the Hastings-on-Hudson
Code of which the Building Inspector or Fire Inspector is charged
with the enforcement, or any term or condition of any building permit,
certificate of occupancy or certificate of compliance, temporary certificate,
stop-work order, operating permit or other notice or order issued
by the Building Inspector or Fire Inspector pursuant to any provision
of this Code shall be liable to a civil penalty of not more than $200
for each day or part thereof during which such violation continues.
The civil penalties provided by this subsection shall be recoverable
in an action instituted in the name of the Village.
D. Injunctive relief. An action or proceeding may be
instituted in the name of the Village, in a court of competent jurisdiction,
to prevent, restrain, enjoin, correct, or abate any violation of or
to enforce any provision of the New York State Uniform Fire Prevention
and Building Code, the State Energy Conservation Construction Code,
or any chapter of the Hastings-on-Hudson Code of which the Building
Inspector or Fire Inspector is charged with the enforcement, or any
term or condition of any building permit, certificate of occupancy
or certificate of compliance, temporary certificate, stop-work order,
operating permit, compliance order, or other notice or order issued
by the Building Inspector or Fire Inspector pursuant to any provision
of this Code. No action or proceeding described in this subsection
shall be commenced without the appropriate authorization from the
Board of Trustees of the Village.
E. Remedies not exclusive. No remedy or penalty specified
in this section shall be the exclusive remedy or remedy available
to address any violation described in this section, and each remedy
or penalty specified in this section shall be in addition to, and
not in substitution for or limitation of, the other remedies or penalties
specified in this section, in any other chapter of this Code, or in
any other applicable law. Any remedy or penalty specified in this
section may be pursued at any time, whether prior to, simultaneously
with, or after the pursuit of any other remedy or penalty specified
in this section, in any other chapter of this Code, or in any other
applicable law.
The Building Inspector, in the discharge of
his duties, shall have the authority to enter any building or structure
or premises at any reasonable hour. All work of construction shall
be subject to inspection at all times. The Building Inspector may
require the contractor or builder to give notice when the work for
which a building permit has been issued is to be begun. He may also
require notice to be given to him at the completion of such stages
of the construction as he may specify.