It shall be the duty of the Building Inspector
to enforce the provisions of this chapter and all other provisions
of this Code.
Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
to the requirements of applicable building laws, codes or regulations,
the Building Inspector may require the same to be subjected to tests
in order to furnish proof of such compliance. The person performing
the work shall bear the cost of such tests.
Whenever the Building Inspector has reasonable
grounds to believe that work on any building or structure is being
carried out in violation of the provisions of this chapter or of the
applicable building laws, codes 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 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building activities until the stop-work order has been rescinded.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 they are followed within a reasonable time by a written
notice stating the basis for its issuance and the conditions under
which the work may be resumed. Said written notice may be served by
personal service upon or by registered mail to the owner or his authorized
agent at the address set forth in the building permit application
as the address of the owner or his authorized agent.
A.
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, 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.
B.
Any person who shall fail to comply with a notice or order of the Building Inspector within the time fixed for compliance therewith, or who shall knowingly violate any of the applicable provisions of this chapter or any permit issued thereunder, or who shall operate in violation of any condition of a special permit issued pursuant to a decision of the Zoning Board of Appeals, or operate in a manner other than as permitted by such special permit, shall be guilty of a violation of this Code. Each day that the violation is permitted to exist or on which the violation shall occur, after service of notice of the violation, shall constitute a separate offense in accordance with the provisions of Chapter 1, Article I of this Code.
C.
Any person who, having been served with a notice of
violation under this chapter, shall fail to comply with said notice
within such time as is specified therein 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 of this Code.
Each day that the violation is permitted to exist after the service
of such notice shall constitute a separate offense.
D.
Any person committing a violation of any provision of this chapter or of the Uniform Code or any rule or regulation adopted pursuant to this chapter or the Uniform Code or any restriction or condition contained in a permit issued pursuant to this chapter or the Uniform Code shall be punished as provided in the general penalty provisions of Chapter 1, Article I of the Code of the Village of Roslyn Harbor and not pursuant to the Executive Law of the State of New York.
A.
Issuance. All notices of violation of any of the provisions
of the Uniform Code or of this chapter and all notices required or
authorized thereunder directing anything to be done shall be issued
by the Building Inspector.
B.
Contents. Each such notice shall contain a brief description
of the alleged violation.
C.
Service. All such notices shall be served in the same
manner as provided for the service of stop-work orders.
Appropriate actions and proceedings may be taken by the Village 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. Such remedies shall be in addition to the penalties prescribed in § 100-56.
