The Building Inspector shall be authorized to make or cause to be made
inspections to determine the condition of dwellings, dwelling units, rooming
units and premises in order to safeguard the health, safety, morals and welfare
of the public. The Building Inspector or representatives designated by the
Board of Trustees shall be authorized to enter any dwelling, dwelling unit,
rooming unit or premises at any reasonable time during business hours or at
such other time as may be necessary in an emergency for the purpose of performing
his duties under this chapter. Inspections herein authorized shall be limited
to the provisions of this chapter.
The owner, operator, agent or occupant of every dwelling, dwelling unit, rooming unit or premises shall give personnel authorized in § 82-26 access to such dwelling, dwelling unit, rooming unit and premises for the purpose of such inspections at any reasonable time during business hours or at such other times as may be necessary in an emergency.
Inspectors and authorized personnel of the Building Department shall
be supplied with official identification and, upon request, shall exhibit
such identification when entering any dwelling, dwelling unit, rooming unit
or premises.
[1]
Editor's Note: Former § 82-29, Notice of violation, was
repealed 11-28-1990 by L.L. No. 6-1990.
[1]
Editor's Note: Former § 82-30, Final order, was repealed
11-28-1990 by L.L. No. 6-1990.
Whenever the Building Inspector, at any stage of the proceedings instituted under the provisions of this chapter, finds that a violation of this chapter exists which, in his opinion, requires immediate action to abate a direct hazard or immediate danger to the health, safety, morals or welfare of the occupants of a building or of the public, he may, without prior notice or hearing, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. Such order may include an order to vacate as provided in § 82-18. Notwithstanding any other provision of this chapter such an order shall be effective immediately upon service and shall be complied with immediately or as otherwise provided.
Whenever any violation of this chapter which, in the opinion of the Building Inspector, causes a direct hazard or immediate danger to the health, safety, morals or welfare of the occupants of a building or the public, has not been corrected within the time specified by the order issued under § 82-31 of this chapter, the Building Inspector may take such direct action as is necessary to abate the hazard or danger. Expenses incurred in the execution of such orders shall be recovered as provided in § 82-25 of this chapter.
[1]
Editor's Note: Former § 82-33, Demolition as compliance,
was repealed 11-28-1990 by L.L. No. 6-1990.
[1]
Editor's Note: Former § 82-34, Reinspection to determine
compliance, was repealed 11-28-1990 by L.L. No. 6-1990.
[Amended 11-28-1990 by L.L.
No. 6-1990]
The Code Enforcement Officer may extend the compliance time specified
in any order issued under the provisions of this chapter where there is evidence
of intent to comply within the period specified, provided that reasonable
conditions exist which prevent immediate compliance.
[1]
Editor's Note: Former § 82-36, Violation to be reported
on tax rolls, was repealed 11-28-1990 by L.L. No. 6-1990.
All records of the Building Department shall be public. Upon request,
the Department shall make a search and issue a certificate of any of its records,
including violations, and the fee therefor shall be $5.
[1]
Editor's Note: Former § 82-38, Appeals, was repealed 11-28-1990
by L.L. No. 6-1990.
The Building Inspector is authorized to make and adopt such written
rules and regulations as may be necessary for the proper enforcement and interpretation
of this chapter and to secure the intent thereof. Such rules and regulations
shall not be in conflict with the provisions of this chapter or any other
ordinance of the Village of Manorhaven, nor shall they have the effect of
waiving any provisions of this chapter or any other ordinance. Such rules
and regulations shall have the same force and effect as the provisions of
this chapter, and the penalty for violation thereof shall be the same as the
penalty for violation of the provisions of this chapter. Such rules and regulations
shall be submitted to the Village Board by the Building Inspector. Failure
of the Village Board to approve, reject or modify such rules and regulations
within 30 days after submission shall be deemed to constitute approval thereof.
Said rules and regulations, as approved by the Village Board, shall be on
file and available as a matter of public record.
No officer, agent or employee of the Village of Manorhaven shall render
himself personally liable for any damage that may accrue to persons or property
as a result of any act required or permitted in the discharge of his duties
under this chapter. Any suit brought against any officer, agent or employee
of the Village of Manorhaven as a result of any act required or permitted
in the discharge of his duties under this chapter shall be defended by the
Village Attorney until the final determination of the proceedings therein.
[Amended 11-28-1990 by L.L.
No. 6-1990; 11-20-1991 by L.L.
No. 3-1991; 1-22-1997 by L.L.
No. 1-1997]
Any person, association, firm or corporation which violates any provision
of this chapter or assists in the violation of any provision of this chapter
shall be guilty of a violation punishable by a fine not exceeding $1,000 or
imprisonment for a period not to exceed 15 days, or both, for conviction of
a first offense; for conviction of a second offense, both of which were committed
within a period of five years, punishable by a fine of not less than $1,000
nor more than $2,000 or imprisonment for a period not to exceed 15 days, or
both; and upon conviction of a third or subsequent offense, all of which were
committed within a period of five years, punishable by a fine of not less
than $2,000 nor more than $3,000 or imprisonment for a period not to exceed
15 days, or both. Each week's continued violation shall constitute a separate
additional violation.
A.
The Village Attorney shall, upon complaint of the Building
Inspector or upon his own motion, institute appropriate action to restrain,
prevent, enjoin, abate, correct or remove such violation and take such other
legal action as is necessary to carry out the terms and provisions of this
chapter.
B.
The remedies provided for herein shall be cumulative
and not exclusive and shall be in addition to any other remedies provided
by law; any and all remedies may be pursued concurrently or consecutively,
and the pursuit of any remedy shall not be construed as an election of the
waiver of the right to pursue any and all of the others.
[Amended 11-28-1990 by L.L.
No. 6-1990]
Any person or persons jointly or severally aggrieved by any final order
of the Building Inspector may seek to have such order reviewed by the Supreme
Court in the manner prescribed by Article 78 of the Civil Practice Law and
Rules and as otherwise provided for in the laws of the State of New York.
