[HISTORY: Adopted by the Board of Trustees of the Village
of Plandome Manor 2-18-2020 by L.L. No. 6-2020.[1] Amendments noted where applicable.]
There is hereby established a department to be known as the
"Building Department of the Incorporated Village of Plandome Manor"
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 Superintendent of the
Incorporated Village of Plandome Manor," who may be appointed by the
Mayor and subject to the approval of the Board of Trustees. The Building
Superintendent shall 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 Superintendent or failure of his/her
appointment, or in the case of his/her 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 Superintendent to act in the place
and stead of the Building Superintendent and to exercise all of the
powers conferred upon him/her 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
Superintendents. Each Assistant Building Superintendent shall have
authority, as and when and in such manner as may be directed by the
Building Superintendent or the Mayor, to exercise all of the powers
conferred upon the Building Superintendent by this chapter, relating
to enforcement but not administration.
A.
Except as otherwise specifically provided by any law, ordinance or
regulation, the Building Superintendent 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 Superintendent 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/she 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 Superintendent 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 Superintendent shall make all inspections which are
necessary or proper for the carrying out of his duties, except that
he/she may accept written reports of inspection from other Building
Superintendents or employees of the Building Department or from generally
recognized and authoritative service and inspection bureaus, provided
that the same are properly authorized by the Board of Trustees to
act in said capacity.
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/she 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 Superintendent shall have the power and duty to enforce
all provisions of this chapter and all other provisions of this Code.
The Building Superintendent, 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.
No officer or employee of the Building Department shall, while
acting within the scope of his authority, 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 Superintendent shall keep permanent official records
of all transactions and activities conducted by him/her, including
all applications received, plans approved, permits and certificates
issued, fees charged and collected, inspection reports, all rules
and regulations promulgated by him/her 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, subject to the New York State Public Officers Law.
B.
The Building Superintendent 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.
No Building Superintendent shall engage in any activity inconsistent
with his/her duties or with the interests of the Village, nor shall he/she,
during the term of his/her 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 Superintendent from such activities in connection with
the construction of a building or structure owned by him/her or in
which he/she has a proprietary interest.
