[HISTORY: Adopted by the Town Board of the
Town of Chenango 5-2-1977. Amendments
noted where applicable.]
There is hereby designated in the Town of Chenango
a public official to be known as the Building Official, who shall
be appointed by the Town Board at a compensation to be fixed by it.
In the absence of the Building Official, or
in the case of his inability to act for any reason, the Supervisor
shall have the power, with the consent of the Town Board, to designate
a person to act on behalf of the Building Official and to exercise
all the powers conferred upon him by this chapter.
The Town Board may appoint one Building Inspector
or more, as the need may appear, to act under the supervision of the
Building Official and to exercise any portion of his powers and duties.
The compensation of such Building Inspectors shall be fixed by the
Town Board.
No officer or employee of the Building Department
shall engage in any activity inconsistent with his duties or with
the interests of the Building Department; nor shall he, during the
term of his employment, be engaged directly or indirectly in any building
business, in the furnishing of labor, materials or appliances for
the construction, alteration or maintenance of a building or the preparation
of plans or specifications thereof within the Town of Chenango, except
that this provision shall not prohibit any employee from such activities
in connection with the construction of a building or structure owned
by him and not constructed for sale.
A.Â
Except as otherwise specifically provided by law,
ordinance or regulation, or except as herein otherwise provided, the
Building Official 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.Â
He shall have the power to adopt rules, with the consent
of the Town Board, to secure the intent and purposes of this chapter
and a proper enforcement of the laws, ordinances and regulations governing
building construction, and such rules when duly adopted shall have
full force and effect as law.
C.Â
He 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.
D.Â
He 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 and
regulations. 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 Building Inspectors or other employees
of the Department of Buildings or from generally recognized and authoritative
service and inspection bureaus, provided that the same are certified
by a responsible official thereof.
E.Â
Whenever the same may be necessary or appropriate
to assure compliance with the provisions of applicable laws, ordinances
and regulations covering building construction, he 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.
F.Â
He shall issue certificates of occupancy where appropriate
and not inconsistent with existing provisions of the Town of Chenango
Zoning Ordinance[1] for a building constructed or altered in accordance with
the provisions of the New York State Uniform Fire Prevention and Building
Code, which such certificate shall certify that the building conforms
to the requirements of the New York State Uniform Fire Prevention
and Building Code.
[Amended 10-3-1995 by L.L. No. 2-1995]
A.Â
The Building Official shall keep permanent official
records of all transactions and activities conducted by him, including
all applications received, permits and certificates issued, 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.
B.Â
The Building Official shall, monthly, submit to the
Town Board a written report and summary of all business conducted
by the Department of Buildings, including permits and certificates
issued, fees collected, orders and notices promulgated, inspections
and tests made and appeals or litigation pending.
The Building Official may request and shall
receive, so far as may be necessary in the discharge of his duties,
the assistance and cooperation of the Police, Fire and Health Departments
and of all municipal officials exercising any jurisdiction over the
construction, use or occupancy of buildings or the installation of
equipment therein.
[Amended 10-3-1995 by L.L. No. 2-1995; 4-3-2017 by L.L. No. 2-2017]
In accordance with § 382 of Article
18 of the Executive Law of the State of New York:
A.Â
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, equip, use or occupy any building
or structure or part 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
Official, 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.Â
Any person who shall fail to comply with a written
order of the Building Official 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 Official made thereunder, shall, upon conviction thereof,
be guilty of a violation punishable by a fine not exceeding $250 or
by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment. The continuation of an offense against the
provisions of this chapter shall constitute, for each day the offense
is continued, a separate and distinct offense hereunder.
C.Â
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.
Appropriate action 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 penalties otherwise prescribed by law.
[Added 4-3-2017 by L.L.
No. 2-2017]
The provisions of this chapter are separable and if any provision,
clause, sentence, subsection, word or part thereof is held illegal,
invalid, unconstitutional, or inapplicable to any person or circumstance,
such illegality, invalidity or unconstitutionality, or inapplicability
shall not affect or impair any of the remaining provisions, clauses,
sentences, subsections, words, or parts of this local law or their
application to other persons or circumstances. It is hereby declared
to be the legislative intent that this local law would have been adopted
if such illegal, invalid, or unconstitutional provision, clause, sentence,
subsection, word or part had not been included therein, and as if
such person or circumstance to which this chapter or part thereof
is held inapplicable had been specifically exempt therefrom.
[Added 4-3-2017 by L.L.
No. 2-2017]
All ordinances, local laws, and parts thereof inconsistent with
this chapter are hereby repealed.
[Added 4-3-2017 by L.L.
No. 2-2017]
This chapter shall take effect immediately upon filing with
the New York State Secretary of State in accordance with § 27
of the Municipal Home Rule Law.
