The Town Building Inspector shall administer and enforce all of the provisions of this chapter except where otherwise herein specifically provided, and, whenever any permit is provided for herein, the same shall be applied for and shall be issued in the first instance from the office of the Town Building Inspector. All construction shall be performed in accordance with Article 18 of the Executive Law and Title 19 of the New York Code of Rules and Regulations, as well as the National Electrical Code.
See Chapter 108, Construction Codes, Uniform, of the Code of the Town of Mount Hope.
See Chapter 108, Construction Codes, Uniform, of the Code of the Town of Mount Hope.
A. 
It shall be the duty of the Building Inspector to enforce this chapter and all rules, conditions and requirements adopted or specified pursuant thereto. All references to "Building Inspector" shall be deemed to include the Deputy Building Inspector and/or Code Enforcement Officer.
B. 
The Building Inspector or his duly authorized agent shall have the right to enter any building or enter upon any land at any reasonable hour as necessary in the execution of the duties of the office. The Building Inspector or his duly authorized agent shall display identification signed by the Town Clerk upon commencing an inspection.
C. 
The Building Inspector shall maintain files, open to the public, of all applications for certificates of occupancy and building permits along with plans submitted herewith as well as final certificates, permits or record of application disposition, in accordance with the New York State Sunshine Laws.[1]
[1]
Editor's Note: See Public Officers Law, Art. 7 (Open Meetings Law), § 100 et seq. See also Ch. 181, Records, Public Access to, of this Code of the Town of Mount Hope.
D. 
The Building Inspector shall also maintain records, open to the public, of every complaint of a violation of the provisions of this chapter as well as action taken as a result of such complaints in accordance with applicable laws and requirements.
E. 
The Building Inspector shall submit to the Town Board, for insertion in the Board minutes, a written report summarizing for the month all building permits and certificates of occupancy issued by him as well as complaints of violations and action taken as result of such complaints.
A. 
Violation of any provision or requirement of this chapter or violation of any statement, plan, application, permit or certificate approved under the provisions of this chapter shall be considered an offense.
B. 
The owner, general agent or contractor of a structure, premises, or part thereof where such a violation has been committed or does exist shall be guilty of such offense.
C. 
Any agent, contractor, architect, builder, corporation or other person who commits, takes part or assists in such violation shall also be guilty of such an offense.
D. 
A notice of violation of this chapter shall be written by the Building Inspector and served by registered mail, return receipt requested, or by direct personal service. Each and every day that such violation continues after notification that such violation exists shall constitute a separate offense. Separate notice on a daily basis is not required. The owner or duly authorized agent shall notify the Building Inspector by registered mail upon the satisfactory resolution of said violation, and receipt of such notice by the Building Inspector shall be used to determine the number of days of the violation.
E. 
Each person or corporation who or which violates any provision of this chapter, or any regulation made hereunder, shall be guilty of an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed "misdemeanors," and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
F. 
The imposition of penalties herein prescribed shall not preclude the Town or any person from instituting appropriate legal action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate a violation, or to prevent the illegal occupancy of a building, structure or premises.
A. 
A building or structure which creates an imminent danger to life and safety due to structural instability, fire, explosion, act of God, or other hazardous situation shall be made safe and secure, or demolished and removed by the owner thereof, in accordance with the procedures in Chapter 94, Buildings, Unsafe, of the Code of the Town of Mount Hope. The Building Inspector shall have the power to order that a dangerous or unsafe building be either rendered safe and secure or be demolished and removed pursuant to this requirement.
B. 
The Building Inspector shall have the power to order the occupants of any such unsafe building or structure to vacate the premises forthwith. No person shall be permitted to use or occupy such building or structure until and unless it is deemed safe and secure by determination and order of the Building Inspector.
Every person owning or having responsibility for or control of any building which has been vacant for over 60 days shall remove all combustible waste and refuse therefrom and lock, barricade, guard continuously or otherwise satisfactorily secure all windows, doors, and other openings in the building to prohibit entry by unauthorized persons.