Village of Southampton, NY Article I Building Code Enforcement [1]

[Adopted 12-10-1976 by L.L. No. 4-1976]

[1] Editor's Note: The Village of Southampton accepted the applicability of the State Building Construction Code during codification; see Ch. 1, General Provisions, Art. II.

§ 43-1 Designation of Building Inspector; appointment; compensation.

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.

§ 43-2 Acting Building Inspector.

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.

§ 43-3 Assistant Building Inspectors; appointment; compensation.

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.

§ 43-4 Restrictions on Building Department officers and employees.

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.

§ 43-5 Powers and duties of Building Inspector.

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]

[1] Editor's Note: As to regulations promulgated by the Building Department, see Ch. A119, Building Construction Regulations.

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.

§ 43-6 Records and reports.

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.

§ 43-7 Penalties for offenses.

[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.

§ 43-8 Abatement of violations.

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.