[Adopted 12-10-1976 by L.L. No. 4-1976]
There is hereby designated in the Village of
Southampton, New York, a public official to be known as the "Building
Inspector," who shall be appointed by the Mayor with the approval
of the Board of Trustees at a compensation to be fixed by it.
In the absence of the Building Inspector 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
a person to act in behalf of the Building Inspector and to exercise
all the powers conferred upon him by this Article.
The Mayor, with the approval of the Board of
Trustees, may appoint Assistant Building Inspectors, as the need may
appear, to act under the supervision and direction of the Building
Inspector and to exercise any portion of the powers and duties of
the Building Inspector as directed by him. The compensation of such
Building Inspectors shall be fixed by the Board of Trustees.
A Building Inspector or an officer or employee
of the Building Department shall not engage in any activity inconsistent
with his duties or with the interests of the Building Department.
A.
Except as otherwise specifically provided by law,
ordinance, rule or regulation, or except as herein otherwise provided,
the Building Inspector shall administer and enforce all of the provisions
of laws, ordinances, rules and regulations applicable to the plans,
specifications or permits for the construction, alteration and repair
of buildings and structures and the installation and use of materials
and equipment therein and the location, use and occupancy thereof.
B.
He shall promulgate rules and regulations, subject
to the approval of the Board of Trustees, to secure the intent and
purposes of this Article and a proper enforcement of the laws, ordinances,
rules and regulations governing building plans, specifications, construction,
alteration or repairs.[1]
C.
He shall receive applications, approve plans and specifications
and issue permits for the erection and alteration of buildings or
structures or parts thereof and shall examine the premises for which
such applications have been received, plans approved or such permits
have been issued, for the purpose of ensuring compliance with laws,
ordinances, rules and regulations governing building construction
or alterations.
D.
He shall issue in writing 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 such laws,
ordinances, rules and regulations, and such notices or orders may
be served upon the property owner or his agent personally or by sending
by certified mail a copy of such order to the owner or his agent at
the address set forth in the application for permission for the construction
or alteration of such building and by posting the same upon a conspicuous
portion of the premises to which the notice applies. He 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 Assistant Building Inspectors or other employees of the Building
Department or from generally recognized and authoritative service
and inspection bureaus or agencies, provided the same are certified
by a responsible official thereof.
E.
Whenever the same may be appropriate to determine
compliance with the provisions of applicable laws, ordinances, rules
and regulations covering building construction or alteration, he may,
in his discretion, accept and rely upon written reports of tests in
the field by experienced, professional persons or by accredited and
authoritative testing laboratories or service and inspection bureaus
or agencies.
F.
He shall issue a certificate of occupancy, where appropriate,
for a building construction or altered in accordance with the provisions
of the State Building Construction Code, which such certificate shall
certify that the building conforms to the requirements of the State
Building Construction Code.
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.
B.
The building official shall, annually, or more frequently
if required by such Board, 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 collected,
orders and notices promulgated, inspections and tests made and appeals
or litigation pending or concluded.
[Amended 8-13-2020 by L.L. No. 7-2020]
In accordance with § 383 of Article 18 of the Executive
Law of the State of New York:
A.
It shall be unlawful for any person, firm or corporation to construct,
alter, repair, move, equip, use or occupy any building or structure
or portion thereof in violation of any provision of law or ordinance,
as well as any regulation or rule promulgated by the building official
in accordance with applicable laws, or to fail in any manner to comply
with a notice, directive or order of the Building Inspector, or to
construct, alter, use or 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 written order of the Building Inspector within the time fixed for compliance therewith, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of law or any lawful order, notice, directive, permit or certificate of the Building Inspector made thereunder, shall, upon conviction thereof, be subject to the penalties provided in Article II of Chapter 1 of the Code of the Village of Southampton.
C.
Except as provided otherwise by law, such a violation shall not be
a crime, and the penalty or punishment imposed therefor shall not
be deemed for any purpose a penal or criminal penalty or punishment
and shall not impose any disability upon or affect or impair the credibility
as a witness, or otherwise, of any person found guilty of such an
offense.
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 acts, conduct or
business in or about any premises, and these remedies shall be in
addition to penalties otherwise prescribed by law.
