It shall be the duty of the Building Inspector
to enforce the provisions of this chapter.
Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
to the requirements of the applicable building laws, ordinances or
regulations, the Building Inspector may require the same to be subjected
to tests in order to furnish proof of such compliance.
A.
Whenever the Building Inspector and/or the Village
Board has reasonable grounds to believe that work on any building
or structure is being prosecuted in violation of the provisions of
this chapter or of the applicable building laws, ordinances, resolutions
or regulations, or not in conformity with the provisions of an application,
plans or specifications on the basis of which a building permit was
issued, or in an unsafe and dangerous manner, he or it shall notify
the owner of the property, or the owner's agent, or the person performing
the work, to suspend all work, and any such persons shall forthwith
stop such work and suspend all building activities until the stop-work
order has been rescinded. Such order and notice may be given and shall
be effective orally, provided that it is followed by written notice
stating the basis for its issuance and the conditions under which
the work may be resumed. Said written notice may be served personally
or by certified mail upon the owner of the property, the owner's agent
or the person performing the work, or upon a person of suitable age
and discretion at the work site. By reason of issuance of the building
permit, the owner of the property thereby constitutes any of such
other persons as his, her or its duly authorized agent to receive
such stop-work order.
B.
Upon the written request of the owner, or any person
so authorized on the owner or applicants behalf, the Village Board
may take such other action in the premises as may be appropriate with
respect to said stop-work order.
The Village Board may adopt resolutions, regulations
or rules to be followed in a particular case, which said resolutions,
regulations or rules shall not be inconsistent with this chapter or
any other provision of law. It is the intent of this requirement that
said resolutions, rules or regulations may be promulgated for the
purpose of more effectively carrying out the provisions of this chapter
in adherence to standards of federal or state bureaus, national technical
organizations or fire underwriters, as the same may be amended from
time to time, so as to serve as a guide in fixing the minimum requirements
of this chapter.
For the purpose of securing to the public the
benefits of new developments in the construction field and of ensuring
public safety, the Building Inspector may make or cause to be made
investigations, or may accept duly authenticated reports from reliable
sources, of new materials or modes of construction intended for use
in the construction or alteration of buildings or structures which
are not provided for in this chapter or in the State Building Construction
Code. The Village Board may adopt resolutions and regulations setting
forth the conditions under which such materials or modes of construction
may be used.
It shall be unlawful for any person, firm or
corporation to construct, alter, repair, move, remove, demolish, equip,
use, occupy or maintain any building or structure or portion thereof
in violation of any provisions of this chapter, or to fail in any
manner to comply with a notice, directive or order of the Building
Inspector and/or Village Board or its authorized representative, or
to construct, alter or use and occupy any building or structure or
part thereof in a manner not permitted by an approved building permit
or certificate of occupancy or compliance.
A.
Issuance. All notices of violation of any of the provisions
of the State Building Construction Code or of this chapter and all
notices required or authorized thereunder directing anything to be
done shall be issued by the Building Inspector and shall have his
name affixed thereto.
B.
Contents. Each such notice or order shall contain
a brief description of the alleged violation.
C.
Personal service. All such notices may be served by
delivering to and leaving a copy of same with any person violating
the provisions of this chapter or who may be liable thereunder, if
such person is available for service, or upon any person of suitable
age and discretion who may be found at the work site or affected premises.
D.
Notice by posting. If personal service of such notice cannot be made as provided in Subsection C above, then such notice or order may be served by posting the same in a conspicuous place on the premises where such violation is alleged to have occurred or to exist, and to which such notice or order may refer, or which premises may be deemed unsafe or dangerous, and also by depositing a copy thereof in a United States Post Office, enclosed in a sealed, postpaid wrapper, addressed to said person at his last known place of residence, which shall be equivalent to personal service of said notice or order upon all parties for whom such search shall have been made, whether residents or nonresidents of the State of New York.
Any person, association or corporation deeming
himself, themselves or itself aggrieved by any ruling, decision or
order of the Building Inspector or the Village Board may apply, in
writing, to the Village Board for a review of such ruling, decision
or order. After such review, the Village Board may modify or revoke
such ruling, decision or order and, upon good and sufficient cause
being shown therefor, may remit any penalty which may have been incurred.
Nothing herein contained shall bar an appeal to the Zoning Board of
Appeals or any action which may legally be taken by said Board.
A.
Penalties. The owner of any building, structure or
part thereof or the owner of the land where any violation of this
chapter shall occur or shall exist, and any architect, builder, plumber,
carpenter, mason or other person who may be employed or who may assist
in the commission of any such violation, and all persons who shall
violate any of the provisions of this chapter or who shall fail to
comply therewith or with any requirements thereof or any detailed
order or rules made thereunder, or who shall build in violation of
any detailed statement of specifications or plans, submitted and approved
hereunder, or shall in any manner violate the provisions of this chapter,
shall be deemed to have committed a violation pursuant to the Penal
Code of the State of New York, punishable by a fine of not more than
$3,500 or by imprisonment for a term not exceeding 15 days, or both
such fine and imprisonment, in addition to any other remedies available
to the Village pursuant to law.
[Amended 7-1-1996 by L.L. No. 2-1996; 7-19-2007 by L.L. No.
5-2007]
B.
Continuing violation after notice. Any person who,
having been served with a notice as in this chapter prescribed to
remove any violation or comply with any requirement of this chapter
or with any order or rule made thereunder, shall fail to comply with
said notice within such reasonable time as is specified in said notice
or who shall continue to violate any requirement of this chapter in
the respect named in said notice shall be deemed to have committed
a violation pursuant to the Penal Code of the State of New York, punishable
by a fine of not more than $3,500 or imprisonment for not more than
15 days, or both such fine and imprisonment. Each day that the violation
is permitted to exist after the service of such notice shall constitute
a separate offense.
[Amended 7-19-2007 by L.L. No. 5-2007]
C.
Civil penalty. The Village Board may, after a hearing,
for which reasonable notice shall be given to any alleged violator
of the provisions of this chapter, assess a civil penalty not exceeding
$3,500 for any violation of the provisions of this chapter. The alleged
violator shall be served with a brief outline of the alleged violation
and may be represented by counsel at any hearing held by the Village
Board on said violation. Additionally, the Village may pursue any
other remedy permitted by law, which remedy shall be deemed cumulative
and not exclusive. The civil penalty assessment by the Village Board
shall be deemed prima facie evidence of the amount of said penalty
in any action or proceeding seeking its recovery.
[Amended 7-1-1996 by L.L. No. 2-1996; 7-19-2007 by L.L. No.
5-2007]
D.
This section shall not apply to violations of the
provisions of the State Building Construction Code punishable under
§ 385 of the Executive Law of the State of New York,[1] nor to violations of the provisions of the Multiple Residence
Law punishable under § 304 of the Multiple Residence Law
of the State of New York.
[1]
Editor's Note: Section 385, L. 1951, c. 800,
as amended, was repealed by the Laws of 1981, c. 707, § 12.
Appropriate actions 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 the penalties prescribed in the preceding § 12-39. In any such action or proceeding instituted after due notice and failure to comply, any violator adjudged as such by a court of competent jurisdiction shall pay and reimburse the Village for any costs and expenses, including reasonable attorney's fees, incurred by the Village in such action or proceedings.
