All single-family, residential, two-family,
multifamily, commercial and industrial buildings and premises subject
to this chapter are subject to inspections by the Building Inspector
at his discretion. At the time of such inspections, all rooms in the
building and all parts of the premises must be available and accessible
for such inspections, and the owner, operator and occupant are required
to provide the necessary arrangements to facilitate inspections. Such
inspections shall be made between 9:00 a.m. and 5:00 p.m., prevailing
time, unless one of the following conditions exists:
A. The premises are not available during the foregoing
hours for inspections.
B. There is reason to believe that violations are occurring
on the premises which can only be apprehended and detected by inspections
during other than the prescribed hours or which require immediate
inspection after being reported.
C. There is reason to believe a violation exists, of
a character which is an immediate threat to health or safety, requiring
inspection and abatement without delay.
[Amended 9-14-1987 by L.L. No. 4-1987]
In addition to the provisions of §
215-25, the Building Inspector may, upon affidavit, apply to the Village Justice of the Village of Larchmont for a search warrant, setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this chapter exists on the premises, and if the Village Justice is satisfied as to the matter set forth in said affidavit, he/she shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation exists. Warrants for access may be issued by the Village Justice upon affidavit of the Building Inspector establishing grounds thereof.
[Amended 2-5-1979 by L.L. No. 2-1979]
Where a violation of this chapter or the regulations hereunder is found to exist, a written notice from the Building Inspector shall be served on the person or persons responsible for the correction thereof. The notice shall specify the violation or violations committed, what must be done to correct same, a reasonable period of time, not to exceed 30 days, to correct or abate the violation, the right of the person served to request a hearing and that the notice shall become an order of the Building Inspector in 10 days after service unless a hearing is requested pursuant to §
215-29.
Notice may be served personally or by prepaid
telegram or by mail with postage prepaid, addressed to the last known
address of the person to be served. In the case of an occupant who
cannot be served as above, notice may be posted upon the door of his
dwelling unit or rooming unit. Where it is ascertained that the owner
does not reside on the premises, the last known address shall be the
address of the owner as shown in the office of the Assessor. If the
last known address cannot be ascertained, the notice may be posted
on the outside front entrance of the building.
Within 10 days of the date of service of a notice,
the notice shall constitute a final order unless any person affected
by the notice requests a hearing thereon before the Board of Trustees
and serves a written request within the ten-day period, in person
or by mail, on the Building Inspector. Such request for a hearing
shall set forth briefly the grounds or reasons on which the request
for a hearing is based and the factual matters contained in the notice
of violation which are to be disputed at the hearing. The Village
Board of Trustees, upon receipt of the request, shall, within 30 days
therefrom and upon five days' notice to the party aggrieved, set the
matter down for hearing.
The Building Inspector may extend the time for
correction or abatement of the violations for an additional period
of time, not to exceed 30 days, except where major capital improvements
or renovations are involved, in which instance the time of completion
may be extended for a period not to exceed 90 days beyond the expiration
date of the original notice.
Where the violation or condition existing on
the premises is of such a nature as to constitute an immediate threat
to life and limb unless abated without delay, the Building Inspector
may either abate the violation or condition immediately or order the
period of time not to exceed five days, and, upon failure of the occupant
or owner to do so, the Building Inspector shall abate the condition
immediately thereafter.
Where abatement of any nuisance, as defined
herein, correction of a defect in the premises or bringing the premises
into compliance with the requirements of any village ordinance or
state law applicable thereto requires expending village moneys therefor,
the Building Inspector shall present a report of work proposed to
be done to accomplish the foregoing to the Village Board with an approximate
estimate of the cost thereof, along with a summary of the proceedings
undertaken. The Village Board may thereupon, by resolution, authorize
the abatement of the nuisance, correction of the defect or work necessary
to replace the premises in proper condition and in compliance with
the ordinances of the village and the laws of the state. In the event
that an emergency, in the opinion of the Village Engineer, exists,
then said Engineer may authorize that the work may be done immediately,
in such a way as he deems fit to remove such emergency condition.
The cost thereof of any such above work shall become a lien against
said premises, collectible as provided by law. "Cost," as used herein,
shall mean actual cost paid or incurred by or on behalf of the village,
plus an amount for overhead which shall be equal to 20% of the total
of such actual cost paid or incurred.
[Added 2-4-2009 by L.L. No. 1-2009]
The Building Inspector and his designee(s) are
authorized to issue appearance tickets for any violation of this chapter
or the New York State Property Maintenance Code.
Any violation of any ordinance or ordinances
of the Westchester County Board of Health, New York Board of Fire
Underwriters, Fire Department, Police Department or any other departments
or agencies of the Village of Larchmont discovered by the Building
Inspector shall be referred by him to the official or agency responsible
for the enforcement of such other ordinance or ordinances.
[Amended 5-4-1981 by L.L. No. 3-1981]
Any person committing an offense against this
chapter shall, upon conviction, be subject to a fine not exceeding
$250 or imprisonment for a term not exceeding 15 days, or to 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.