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.