There is hereby created the Office of Superintendent.
The Superintendent shall be appointed by the Board of Trustees at
a compensation to be fixed by it, which appointment shall continue
during good behavior and satisfactory service for a term of one year.
The Superintendent may be removed from office only for incompetency
or misconduct shown after a hearing upon stated charges held by the
Board of Trustees or by a hearing officer designated by the Board
for that purpose, who shall make record of the hearing and whose recommendations
shall be subject to review and approval by the Board.
Except as otherwise specifically provided by
law, local law, ordinance, order, rules or regulations, or except
as otherwise herein provided, the Superintendent shall have the following
powers and duties:
A. To administer and enforce all laws applicable to the
construction, alteration, repair, rehabilitation, removal and demolition
of buildings and structures and appurtenances thereto, the installation
and use of materials and equipment therein, the location, use and
maintenance thereof, fire prevention, property care and maintenance
and Zoning Law enforcement.
B. To receive applications, review plans and specifications,
issue permits for the erection, alteration, removal and demolition
of buildings and structures or parts thereof, enter upon and examine
premises for which such permits have been issued or on which such
work is being performed for the purpose of ensuring compliance with
all laws governing construction, alteration, removal or demolition
of structures.
C. To make inspections as necessary and proper in the
performance of his duties; to issue appropriate notices or orders
for the removal of unlawful or unsafe conditions; to require necessary
safeguards to protect life and property prior to or during the performance
of work on buildings and structures; and to ensure compliance at all
times with the requirements of all laws applicable to buildings and
structures.
D. Whenever he shall deem it necessary or appropriate,
to require performance of field or laboratory tests of buildings,
structures, materials or equipment by experienced, professional persons
or by accredited and authoritative testing laboratories, service bureaus
or similar agencies.
E. To keep the records of the Building Department, including
records of issuance of permits and certificates of occupancy and use,
payment of fees, inspections, violations and remedial actions taken,
and to make copies of such records available on request, pursuant
to law.
F. To make preliminary environmental quality review assessments
and otherwise to assist the Board of Trustees, Board of Appeals and
Planning Board in the performance of their duties under the State
Environmental Quality Review Act (SEQRA).
G. To make periodic reports, as required, to the Mayor
and Board of Trustees with respect to the activities of the Building
Department.
H. To delegate duties and powers to building inspectors
and code enforcement officers under his jurisdiction in the performance
of his duties hereunder or under any applicable laws such delegation
may therein be permitted.
I. To perform such other duties pertaining to structures
and the use and occupancy thereof as may be assigned, directed or
ordered by the Mayor or Board of Trustees or by law.
The Board of Trustees may appoint one or more
building inspectors or code enforcement officers, or both, to assist
the Superintendent of Buildings Department in the performance of his
duties, at such compensation as may be fixed by the Board. Such persons
shall perform such duties and shall have such powers as may be delegated
to them by the Superintendent or the Board of Trustees.
In the absence of the Superintendent, 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 discharge the duties of the Superintendent and to exercise
all of the powers conferred upon him by this chapter. In the absence
of such designation, the duties of the Superintendent shall be discharged
temporarily by the Village Clerk, with the technical advice and assistance
of the Village Engineer.
For the purposes of this chapter, the Board
of Trustees hereby authorizes the Superintendent and his delegates
and any person appointed to perform the duties of the Superintendent
to issue summonses and commence prosecutions for violations of this
chapter.
The Superintendent shall keep permanent official
records of all transactions and activities conducted by his department,
including all applications received, permits and certificates issued,
fees charged and collected, inspection reports and notices and orders
issued. Such records shall be public records, open to public inspection
during normal business hours.
The Superintendent may request and shall receive,
insofar as may be necessary in the discharge of his duties, the assistance
and cooperation of the Village Attorney, Village Engineer, Village
Clerk, Village Superintendent of Public Works, Village Prosecutor
and all other officers and department heads of the Village.
[Amended 12-2-1999 by L.L. No. 3-1999; 4-5-2012 by L.L. No.
5-2012; 5-1-2014 by L.L. No. 6-2014]
A. Any violation of this chapter or of any rule or regulation
made under authority conferred thereby shall be deemed a violation,
and any person found guilty thereof shall be liable and punishable
for each such violation as follows: by a fine not less than $250 nor
more than $1,000 or by imprisonment for a period not to exceed 15
days, or both, for conviction of a first offense; by a fine not less
than $2,500 nor more than $5,000 or by imprisonment for a period not
to exceed 15 days, or both, for a conviction of a second offense,
both of which offenses were committed within a period of five years;
and by a fine not less than $5,000 nor more than $10,000 or by imprisonment
for a period not to exceed 15 days, or both, upon conviction for a
third or subsequent offense, all of which offenses were committed
within a period of five years.
B. Such fines shall be collected as like penalties are
now by law collected.
[Amended 12-2-1999 by L.L. No. 3-1999]
Fees for Building Department matters shall be
as set from time to time by resolution of the Village Board of Trustees.