The office of Code Enforcement Officer is hereby created. The purpose of the office of Code Enforcement is to protect, preserve and support the health, safety, welfare and overall quality of life of the residents of the Village of Dering Harbor through education, promotion of voluntary compliance, and enforcement of the Code of the Village and the New York State Uniform Fire Prevention and Building Codes. The Code Enforcement Officer shall serve as the clearinghouse for complaints about alleged violations of codes and resolutions. The Code Enforcement Officer shall consult and refer matters as appropriate to the Mayor, Board of Trustees, other Village department officers and/or outside agencies. Matters handled by the Code Enforcement Officer shall be acknowledged, investigated, evaluated and, if appropriate, referred to for prosecution in a prompt and professional manner. The Code Enforcement Officer shall seek, where possible, to obtain voluntary compliance and shall educate the public regarding same and will also issue summonses, appearance tickets, and file formal charges with the Town of Shelter Island Justice Court and when authorized by the Board of Trustees, the New York State Supreme Court, and present the same to the Village Attorney for prosecution.
[HISTORY: Adopted by the Board of Trustees of the Village of Dering Harbor 8-9-2025 by L.L. No. 4-2025. Amendments noted where applicable.]
The Code Enforcement Officer shall administer and enforce all the provisions of the New York State Uniform Fire Prevention and Building Codes, and all applicable provisions of laws, ordinances, rules, regulations and resolutions adopted by the Village of Dering Harbor, including Chapter 230 (Zoning), Chapter 65 (Buildings and Property Conditions, Unsafe), Chapter 72 (Construction, Property Maintenance and Landscaping) and any other chapter of the Code of the Village of Dering Harbor as directed by the Board of Trustees. In administering and enforcing the code provisions, the Code Enforcement Officer shall have the following powers and duties:
A.
To conduct inspections, fire safety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under this chapter, the New York State Uniform Fire Prevention and Building Codes or any provision of the Village Code;
B.
To issue stop-work orders;
C.
To review and investigate complaints;
D.
To issue orders pursuant to applicable sections of the New York State Uniform Fire Prevention and Building Codes or any provision of the Village Code;
E.
To maintain records and keep permanent official records of all inspections, transactions and activities conducted by him or her, including a record of all complaints received, investigations, inspection reports, notices and orders issued, and dispositions. All such records shall be maintained at the Village Hall;
F.
To collect fees as set by the Board of Trustees of the Village;
G.
To pursue administrative enforcement actions and proceedings;
H.
In consultation with the Village's attorney, to pursue such legal actions and proceedings as may be necessary to enforce the New York State Uniform Fire Prevention and Building Codes or any provision of the Village Code;
I.
To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this chapter or by resolution of the Board of Trustees; and
J.
To promulgate rules and regulations, subject to the approval of the Board of Trustees, to secure the intent and purposes of the Village Code and a proper enforcement of the laws, ordinances, rules, regulations and resolutions of the Village of Dering Harbor and the applicable provisions of the laws of New York State.
The Code Enforcement Officer shall be appointed by the Board of Trustees. The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in- service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall, if applicable, obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder. The position of Code Enforcement Officer may be part-time or full-time and does not need to be a resident of the Village.
In the event that the Code Enforcement Officer is unable to serve as such for any reason, a person shall be designated by the Board of Trustees for a period of not more than three months to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this chapter.
The Code Enforcement Officer may also serve as a fire marshal or building inspector when authorized by the Board of Trustees.
The compensation for the Code Enforcement Officer shall be fixed from time to time by the Board of Trustees.