There is hereby established a department to
be known as the "Building Department of the Incorporated Village of
Roslyn Harbor" for the administration and enforcement of the provisions
of all 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,
design, 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.
A.
There is hereby designated, as the head of the Building
Department, a public official to be known as the "Building Inspector
of the Incorporated Village of Roslyn Harbor," who may be appointed
by the Board of Trustees for a term of one year, or to serve at the
pleasure of the Board of Trustees, at a compensation to be fixed by
said 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 Board
of Trustees, to designate an Acting Building Inspector to act in the
place and stead of the Building Inspector and to exercise all of the
powers conferred upon him by this chapter.
C.
The Mayor shall have the power, with the consent of
the Board of Trustees, to appoint and designate one or more Assistant
Building Inspectors. Each Assistant Building Inspector shall have
authority, as and when and in such manner as may be directed by the
Building Inspector or the Mayor, to exercise all of the powers conferred
upon the Building Inspector by this chapter, relating to enforcement
but not administration.
A.
Except as otherwise specifically provided by any law,
ordinance or regulation, 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, design, 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.
B.
The Building Inspector 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.
The Building Inspector 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.
The Building Inspector 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 employees of the Building Department or from
generally recognized and authoritative service and inspection bureaus,
provided that the same are certified by a responsible official thereof.
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.
F.
The Building Inspector shall have the power and duty
to enforce all provisions of this chapter and all other provisions
of this Code.
The Building Inspector, upon showing proper
credentials and in the discharge of his duties, may lawfully enter
upon any building, structure or premises at any reasonable hour, and
no person shall interfere with or prevent such lawful entry. Any person
interfering with or preventing or impeding the Building Inspector
from effecting lawful 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 Code.
No officer or employee of the Building Department
shall, while acting pursuant to the provisions of this chapter, be
personally liable for any damage that may accrue to persons or property
as the result of any act required or permitted in the discharge of
his official duties, provided that such acts are performed in good
faith and without gross negligence.
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 Board of
Trustees and notices and orders issued. All such records shall be
public records open to public inspection during normal business hours.[1]
B.
The Building Inspector shall, annually, submit to
the Board of Trustees a written report and summary of all business
conducted by the Building Department, including approvals, permits
and certificates issued, fees charged and collected, orders and notices
promulgated, inspection and tests made and appeals or litigation pending
or concluded.
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.
No Building Inspector shall engage in any activity
inconsistent with his duties or with the interests of the Village,
nor shall he, 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 in 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.