There is hereby created the office of Superintendent.
The Superintendent shall be appointed by the Board of Trustees at
a compensation to be fixed by it, which appointment shall continue
during good behavior and satisfactory service for a term of not less
than one year. The Superintendent may be removed from office for incompetency
or misconduct shown after a hearing upon stated charges held by the
Board of Trustees or by a hearing officer designated by the Board
for that purpose who shall make record of the hearing and whose recommendations
shall be subject to review and approval by the Board.
Except as otherwise specifically provided by
law, local law, ordinance, order, rule or regulation, or except as
otherwise herein provided, the Superintendent shall have the following
powers and duties:
A. To administer and enforce all laws applicable to the
construction, alteration, repair, rehabilitation, removal or demolition
of buildings and structures and appurtenances thereto, the installation
and use of materials and equipment therein, the location, use and
maintenance thereof, fire prevention, property care and maintenance
and Zoning Law enforcement.
B. To receive applications, review plans and specifications,
issue permits for the erection, alteration and removal of buildings
and structures or parts thereof, enter upon and examine premises for
which such permits have been issued or on which such work is being
performed for the purpose of ensuring compliance with all laws governing
construction, alteration or removal of structures.
C. Application for demolition permit.
[Amended 1-12-2015 by L.L. No. 1-2015]
(1) Before any residential garage with a dimension of 550 square feet or less or other similar structure is demolished where, by the very nature of the action, there will be no negative impact on the environment, a demolition permit must be approved by the Village Board subject to a showing of compliance with the provisions of Subsection
C(3) and
(6)(b) herein.
(2) Before any one- or two-family residence or residential garage with a dimension of more than 550 square feet is demolished, a demolition permit must be approved by the Village Board subject to a showing of compliance with Subsections
C(3),
(4) and
(6) herein.
(3) Before any other existing building or part of an existing building
is demolished, a written application, on appropriate forms to be furnished
by the Department of Buildings, shall be submitted to the Superintendent
of Buildings, with a copy to the Board of Trustees, by the owner or
any person authorized by the owner, giving the full name and residence
of each of the owners of the building to be demolished, the name and
business address of the person who is to do the work and such other
information respecting the building as the Superintendent of Buildings
may require.
(4) An application for a demolition permit is considered a segment of
the overall plan of development of a property. Therefore, the provisions
of SEQRA are applicable. As stated in SEQRA Regulation 617.3 (General
Rules) (g) the consideration of only a segment of an action is contrary
to the intent of SEQRA. Related actions are to be identified and discussed
to the fullest extent possible by the Village Board upon submission
of survey, elevations and color renderings with landscaping of proposed
construction. Said renderings must accurately depict the buildings
on each side of the color rendering of the proposed construction.
(5) Approval of the demolition permit by the Board of Trustees as a special use permit pursuant to §
252-116 herein is required before the work of demolition is commenced.
(6) Approval will not be granted unless the Board finds that:
(a)
Under SEQRA regulations, the proposed use of the subject property
is a Type II action or it makes a determination of significance;
(b)
The proposed demolition will not create a hazard to public health,
safety or general welfare, nor will it be granted until the applicant
has furnished proof that all utilities serving the subject premises
have been properly disconnected, that appropriate certificates of
workers' compensation insurance and public liability insurance
with million-dollar limits and professional's affidavit of absence
of asbestos have been duly filed with the Superintendent of Buildings
and that the Nassau County Department of Health has attested to the
absence of rats at the subject premises.
D. To make inspections as necessary and proper; to issue
appropriate notices or orders for the removal of unlawful or unsafe
conditions; to require necessary safeguards to protect life and property
and promote safety prior to or during the performance of work on buildings
and structures; and to ensure compliance at all times with the requirements
of all laws applicable to buildings and structures.
E. Whenever deemed necessary or appropriate, to require
performance of field or laboratory tests of buildings, structures,
materials or equipment by experienced, professional persons or by
accredited and authoritative testing laboratories, service bureaus
or similar agencies.
F. To keep the records of the Building Department, including
records of issuance of permits and certificates of occupancy and use,
payment of fees, inspections, violations and remedial actions taken,
and to make copies of such records available on request, pursuant
to law.
G. To make preliminary environmental quality review assessments
and otherwise to assist the Board of Trustees, Board of Appeals and
Planning Board in the performance of their duties under the State
Environmental Quality Review Act (SEQRA).
H. To make periodic reports, as required, to the Mayor
and Board of Trustees with respect to the activities of the Building
Department.
I. To delegate duties and powers to building inspectors
and code enforcement officers (referred to herein, from time to time,
as "delegate" or "delegates").
J. To perform such other duties pertaining to structures
and the use and occupancy thereof as may be assigned, directed or
ordered by the Mayor and Board of Trustees or by law.
The Board of Trustees may appoint one or more
Building Inspectors or Code Enforcement Officers, or both, to assist
the Superintendent, at such compensation as may be fixed by the Board.
Such persons shall perform such duties and shall have such powers
as may be delegated to them by the Superintendent or the Board of
Trustees.
In the absence of the Superintendent, or in
the case of inability to act for any reason, the Mayor shall have
the power, with the consent of the Board of Trustees, to designate
a person to discharge the duties of the Superintendent and to exercise
all of the powers conferred by this chapter. In the absence of such
designation, the duties of the Superintendent shall be discharged
temporarily by the Village Clerk, with the technical advice and assistance
of the Village Engineer.
For the purpose of this chapter, the Board of
Trustees hereby authorizes the Superintendent, delegate and any other
person appointed to perform the duties of the Superintendent to issue
summonses and commence prosecutions for violations of this chapter.
The Superintendent shall keep permanent official
records of all transactions and activities conducted by the department,
including all applications received, permits and certificates issued,
fees charged and collected, inspection reports and notices and orders
issued. Such records shall be public records, open to public inspection
during normal business hours.
The Superintendent may request and shall receive,
insofar as may be necessary to discharge those duties herein described,
the assistance and cooperation of the Village Attorney, Village Engineer,
Village Clerk, Village Superintendent of Public Works, Village Prosecutor,
Chief of Police, Fire Chief and all other officers and department
heads of the village.
All fees herein under shall be established by
resolution of the Board of Trustees.
Should any section, clause or requirement of
this chapter be found by a court of competent jurisdiction to be unenforceable
or unlawful or invalid, that section, clause or requirement shall
be severed from this chapter and the remainder shall continue in full
force and effect.
The existing Chapter
81 of the Village Code, entitled "Building Construction," is hereby repealed: however, nothing herein shall impair the validity of any action taken, or to be taken, pursuant to such existing chapter with respect to any violation occurring during the effective date of said chapter.
This chapter shall become effective on March
2, 1998.