[HISTORY: Adopted by the Board of Trustees of the Village of Hammondsport 7-29-1980 as L.L. No. 1-1980. Section 42-7C amended at time of adoption of Code; see Ch. 1, General Provisions. Art. I. Other amendments noted where applicable.]
There is hereby designated in the Village of Hammondsport a public official to be known as the "Building Inspector," who shall be appointed by the Mayor, with the approval of the Village Board, at a compensation to be fixed by said Board.
In the absence of the Building Inspector or in the case of his inability to act for any reason, the Mayor shall have the power, with the consent of the Village 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.
A Building Inspector shall not engage in any activity inconsistent with his duties or with the interests of his office; nor shall be, 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 Village of Hammondsport, except that this provision shall not prohibit any employee 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.
Enforcement. Except as otherwise specifically provided by law, ordinance, rule or regulation or except as herein otherwise provided, the Building Inspector shall administer and enforce the Building Code and 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.
Regulations. He shall promulgate rules and regulations, subject to the approval of the Village of Hammondsport Board, to secure the intent and purposes of this chapter and a proper enforcement of the Building Code and rules and regulations governing building plans, specifications, construction and alteration and repairs.
Applications and permits. He shall receive applications, approve plans and specifications and issue permits for the erection and alteration of building 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 the Building Code and 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 the Building Code and 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 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.
Reports. Whenever the same may be appropriate to determine compliance with the provisions of applicable laws, ordinances, rules and regulations governing building construction or alteration, he may, in his discretion, accept and rely upon written reports or tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service and inspection bureaus and agencies.
Certificates of occupancy. He shall issue a certificate of occupancy, where appropriate, for a building constructed or altered in accordance with the provisions of the State Building Construction Code, which certificate shall certify that the building conforms to the requirements of the State Building Construction Code.
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 Village of Hammondsport 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 Village of Hammondsport 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.
The Building Inspector, upon the showing of proper credentials and in the discharge of his duties, shall be permitted to enter upon any building, structure or premises, without interference, during reasonable working hours.
In accordance with § 385 of Article 18 of the Executive Law of the State of New York:
No person, firm or corporation shall commence the erection, construction, enlargement, alteration, improvement, conversion or change in the nature of the occupancy of any building or structure or cause the same to be done without first obtaining a separate building permit from the Building Inspector for each such building or structure, except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature.
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, construction superintendent or their 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 a fine of not more than $1,000 per day of violation or imprisonment not exceeding one year, or both.
[Amended 8-12-1986 by L.L. No. 3-1986]
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 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.
[Amended 5-9-1989 by L.L. No. 1-1989; 4-9-2019 by L.L. No. 3-2019]
A fee schedule shall be established by resolution of the Board of Trustees of the Village. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the issuance of building permits, amended building permits, renewed building permits, certificates of occupancy/certificates of compliance, temporary certificates, operating permits, fire safety and property maintenance inspections, and other actions of the Code Enforcement Officer described in this chapter.