[HISTORY: Adopted by the Board of Trustees of the Village
of Quogue 3-20-1987 by L.L. No. 3-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 5.
Administrator — See Ch. 9.
Defense and indemnification — See Ch. 22.
Ordinance Enforcement Officer — See Ch. 42.
Building construction and fire prevention — See Ch. 73.
Bulkheads and docks — See Ch. 77.
Coastal erosion hazard areas — See Ch. 80.
Environmental quality review — See Ch. 87.
Flood damage prevention — See Ch. 95.
Subdivision of land — See Ch. 162.
Wet fill — See Ch. 180.
Wetlands — See Ch. 184.
Zoning — See Ch. 196.
There is hereby designated in the Village of Quogue, 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.
[Amended 6-22-2012 by L.L. No. 4-2012]
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 chapter. In the absence of such a designation,
the Ordinance Enforcement Officer shall exercise all such powers.
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.
[Amended 6-1-1994 by L.L. No. 3-1994]
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.
The powers and duties of Building Inspector shall be as follows:
A.
Except
as otherwise specifically provided by law, ordinance, rule or regulation,
and 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 and specifications 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 chapter
and a proper enforcement of the laws, ordinances, rules and regulations
governing building plans, specifications, construction, alteration
or repairs.
C.
He
shall approve, in writing, plans and specifications submitted with
applications for 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 the provisions of any permit issued by the Building
Inspector or any other governmental authority. Such notices or orders
may include an order to stop or suspend all work which is being undertaken
in violation of applicable laws, ordinances, rules or regulations
or permits. Such notices or orders shall be served upon the property
owner or his agent personally or by sending by registered or 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.
[Amended 6-22-2012 by L.L. No. 4-2012]
E.
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.
F.
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.
G.
He
shall issue a certificate of occupancy, where appropriate, for a building
constructed or altered in accordance with the provisions of the State
Uniform Fire Prevention and Building Code, which such certificate
shall certify that the building conforms to the requirements of the
State Uniform Fire Prevention and Building Code.
[Amended 6-1-1994 by L.L. No. 3-1994]
H.
He shall have and perform the powers and duties of the administrator as provided in Chapter 80, Coastal Erosion Hazard Areas, of the local administrator as provided in Chapter 95, Flood Damage Prevention, and of the Zoning Administrator as provided in Chapter 196, Zoning.
[Amended 6-1-1994 by L.L. No. 3-1994]
I.
The
Building Inspector shall keep permanent official records of all transactions
and activities conducted by him, including all applications received,
plans approved, certificates approved, 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.
J.
The
Building Inspector 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, fees collected, orders and notices promulgated, inspections
and tests made and appeals or litigation pending or concluded.
[Amended 6-22-2012 by L.L. No. 4-2012]
Any person having been served, either personally or by registered
or certified mail, with an order issued by the Building Inspector
under this chapter, who shall fail to comply with such order, and
any owner, builder, architect, tenant, contractor, subcontractor,
construction superintendent or their agents or any other person taking
part or assisting in the construction of any building who shall knowingly
violate such order or any of the applicable provisions of the State
Uniform Fire Prevention and Building Code or any lawful order, notice,
directive, permit or certificate made thereunder regarding standards
for construction, maintenance or fire protection equipment and systems
shall be punishable by a fine of not more than $1,000 per day of violation
or imprisonment not exceeding 15 days, or both.
[Amended 6-22-2012 by L.L. No. 4-2012]
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. The Building Inspector is
authorized to issue appearance tickets relating to the enforcement
of any laws, ordinances, rules or regulations administered or enforced
by the Building Inspector pursuant to this chapter.
