A.
There is hereby designated in the Village of Russell
Gardens (hereafter the "Village") a public official to be known as
the Building Inspector, who may be appointed by the Village Board
of Trustees (hereafter the "Village Board") for a term of one year,
or to serve at the pleasure of the Village Board, at a compensation
to be fixed by the Village Board.
B.
In the absence of the Building Inspector or failure
of his appointment, 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 the Building Inspector's behalf
and to exercise all of the powers conferred upon him by this chapter;
alternatively, the Village Board may assume such powers.
C.
All powers exercised by the Building Inspector shall
be subject to the approval of the Village Board.
D.
Wherever the words "Building Inspector" shall be used,
they shall also mean "Acting Building Inspector" or "Village Board."
No Building Inspector shall engage in any activity
inconsistent with his duties or with the interests of the Village,
nor shall be, during the term of his employment or appointment, be
engaged directly or indirectly in any building business, in the furnishing
of labor, materials or appliances for the construction, alteration
or maintenance of a building or the preparation of plans or specifications
thereof within the Village, except that this provision shall not prohibit
the Building Inspector from such activities in connection with the
construction of a building or structure owned by him or in which he
has a proprietary interest.[1]
A.
Except as otherwise specifically provided by law,
ordinance or regulation, or except as herein otherwise provided, and
subject to the approval of the Village Board, the Building Inspector
shall administer and enforce all of the provisions of laws, ordinances
and regulations applicable to the construction, alteration, repair,
removal and demolition of buildings and structures; the installation
and use of materials and equipment therein; the location use, occupancy
and maintenance thereof; the removal of shrubs and trees from vacant
land; the excavation or stripping of land; and the removal of soil,
sand or gravel from vacant land; provided, however, that the Building
Inspector shall have no power to vary or modify any provisions of
applicable building laws, ordinances or rules and regulations.
B.
He shall review applications and cause permits to
be issued for the erection, alteration, removal and demolition of
buildings or structures or parts thereof, and for any other operation
or activity for which a permit is required under the provisions of
this chapter. He shall examine the premises for which such applications
have been received or such permits have been issued for the purpose
of ensuring compliance with laws, ordinances and regulations governing
building construction.
C.
He shall issue 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 applicable laws, ordinances
or regulations.
D.
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 Building Inspectors or from
generally recognized and authoritative services and inspection bureaus,
provided that the same are in a form satisfactory to the Building
Inspector and conform with rules and regulations promulgated by the
Village Board.
E.
Whenever the same may be necessary or appropriate
to assure compliance with the provisions of applicable laws, ordinances
or regulations covering building construction, he may require the
performance of tests in the field by experienced professional persons
or by accredited and authoritative testing laboratories or service
bureaus or agencies.
[Amended 6-26-1979 by L.L. No. 4-1979]
A.
Right of entry.
(1)
In the case of buildings or structures under construction
or vacant land, the Building Inspector, upon showing proper credentials
and in the discharge of his duties, may enter upon such buildings,
structures or premises at any reasonable hour, and no person shall
interfere with or prevent such entry. Any person interfering with
or preventing or impeding the Building Inspector from effecting entry
into premises or upon vacant land in the course of the discharge of
his duties shall be deemed guilty of a violation under the provisions
of this chapter.
(2)
In the case of occupied premises, the Building Inspector shall, upon receipt of information indicating or alleging that a violation of this chapter exists on such premises, arrange with the owner or lessee of said premises, or the authorized agent of either, a reasonable time when the Building Inspector can effect entry into said premises for the purpose of discharging his duties under this chapter. In the event that the owner or lessee, or the authorized agent of either, shall fail or refuse to arrange a reasonable time for entry by the Building Inspector into said premises, the Building Inspector shall notify the Village Board and/or the Village Attorney, who shall take such action as is appropriate and necessary to effect entry. Any person interfering with or preventing or impeding the Building Inspector from effecting entry into premises, after arrangements for such entry have been made with the owner or lessee, or agent of either, shall be deemed guilty of a violation of this chapter. The provisions of this subsection shall not affect the right of entry into premises afforded by Article II of this chapter, pertaining to inspection of apartment houses and business structures.
B.
The failure of the Building Inspector to discover
and/or properly report any hazard to person or property, or his neglect
or omission to otherwise perform his duties, shall not subject him
or the Village Board or its members to any civil or other liability
unless such omission or act involves malfeasance in office.
A.
The Building Inspector and/or Village Clerk shall keep permanent official records of all transactions and activities conducted by him, including all applications received, permits and certificates issued, fees charged and collected, inspection reports, and notices and orders issued. All such records shall be public records open to public inspection during business hours, provided that said inspection does not interfere with the operation of the Village Offices, as determined by the Village Clerk. Copies of such records may be furnished at such fees as represent the reasonable cost thereof, as determined by the Village Board, unless said fees are specifically provided for in § 12-16.
B.
The Building Inspector and/or Village Clerk shall,
monthly, or upon demand, submit to the Village Board a written report
and summary of all business conducted, including permits and certificates
issued, fees collected, orders and notices promulgated, inspections
and tests made and appeals or litigation pending.
The Building Inspector may request and shall
receive, so far as may be necessary in the discharge of his duties,
the assistance and cooperation of other municipal officials exercising
any jurisdiction over the construction, use or occupancy of buildings
or the installation of equipment therein.
