In interpreting and applying the provisions of this article, they shall be held to be the minimum requirements for the promotion of public health, safety, morals or general welfare.
Whenever the requirements of this article are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the higher standards, shall govern.
The purpose of this article is to promote the health, safety, morals and general welfare of the Village of Newark by furnishing the administration for the enforcement of building restrictions and regulations, the manner and method of issuing permits for buildings and for regulating the use of premises for building purposes and the construction of approaches thereto within highway limits and to establish penalties for the violation of such regulations.
The Department of Public Works is designated for the administration and enforcement of the provisions of all laws, ordinances, rules, regulations and orders applicable to the location, design, materials, construction, alteration, repair, equipment, maintenance, removal and demolition of Village of Newark-owned buildings and structures and appurtenances and the construction of approaches thereto within highway limits.
The Code Enforcement Officer shall be in charge of the Building Department. A Code Enforcement Officer is to be appointed by the Village Board, at a compensation to be fixed by the Village Board.
The Village Board, as the need may appear, may appoint such Assistant Code Enforcement Officers or other employees of the Building Department with compensation to be fixed by the Village Board.
No official or employee of the Building Department shall, while acting pursuant to the provisions of this article, 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 or her official duties, provided that such acts are performed in good faith and without gross negligence.
A. 
Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Code Enforcement Officer under the direction of the Mayor 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, and the installation and use of materials and equipment therein, and the location, use, occupancy and maintenance thereof.
B. 
The Code Enforcement Officer shall receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and 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 Code Enforcement Officer 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 such laws, ordinances or regulations. The Code Enforcement Officer shall make all inspections which are necessary or proper for carrying out his or her duties, except that he or she may accept written reports of inspection from Assistant Code Enforcement Officers or other employees of the Building Department or from a generally recognized authoritative service and inspection bureaus, provided that the same are certified by a responsible official thereof.
D. 
Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, the Code Enforcement Officer 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, with expense to be paid by the applicant.
The Code Enforcement Officer shall keep permanent official records of all transactions and activities of the Building Department, including all applications received, permits and certificates issued or denied, fees charged and collected, inspection reports and notices and orders issued. All such records shall be public records open to public inspection during business hours.
The Code Enforcement Officer may request and shall receive, so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of the Police, Fire and Health Departments and of all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.
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 provision of this article or to fail in any manner to comply with a notice, directive or order of the Code Enforcement Officer, 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 written order of the Building Department 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 this article, or any lawful order, notice, directive, permit or certificate of the Building Department made thereunder shall be punishable as follows:
(1) 
For a first offense, a fine not exceeding $350 and/or imprisonment for not more than six months;
(2) 
For a second offense, both of which were committed within a period of five years, a fine of between $350 and $700 and/or imprisonment for not more than six months;
(3) 
For a third or subsequent offense, all of which were committed within a period of five years, a fine of between $700 and $1,000 and/or imprisonment for not more than six months.
C. 
Except as provided otherwise by law, such 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 convicted thereof.
D. 
This section shall not apply to violations of the provisions of the New York State Uniform Fire Prevention and Building Code punishable under § 385 of the Executive Law of the State of New York; nor to violations of the provisions of the Multiple Residence Law punishable under § 304 of the Multiple Residence Law of the State of New York.
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 occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises; and these remedies shall be in addition to the penalties prescribed in the preceding section.
Whenever a violation of this article occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Code Enforcement Officer, who shall immediately investigate and report thereon to the Village Board.
This article shall take effect upon filing with the Secretary of State.