[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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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.
B.
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:
A.
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.
B.
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.
C.
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]
D.
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.
