This chapter shall be enforced by a Building
Inspector and one or more Assistant Building Inspectors, Code Enforcement
Officers or Fire Inspectors, as the Village Board may appoint and
deem necessary, hereinafter collectively referred to throughout this
chapter as the "Building Inspector." It shall be the duty and power
of the Building Inspector to:
A. Inspect any building, structure or land to determine
whether any violation of this chapter, the New York State Uniform
Fire Prevention and Building Code or such other laws, rules and regulations
as the Building Inspector shall be chargeable with inspection or enforcement
of, has been committed or exist, whether or not such building, structure
or land is occupied, whether such occupancy is in conformity with
all of the applicable laws, rules and regulations, whether or not
a certificate of occupancy or use has been issued, whether or not
occupancy is in conformity with the aforesaid certificates or such
other certificates as the Building Inspector shall issue; and otherwise
generally inspect and enforce all of the laws, rules and regulations
relating to or affecting lots, buildings or structures and their use
and occupancy.
B. Issue such permits and certificates in conformity
with the laws, rules and regulations of the State of New York and
of this chapter and refuse to issue the same in the event of noncompliance,
which reason therefore shall be endorsed on the application and notice
thereof given to the applicant, as is provided in this chapter.
C. Keep the Village Board advised of all matters as the
Village Board shall determine relating to the enforcement of this
chapter and the appropriate laws, rules and regulations, make and
keep all records necessary and appropriate to the office, including
the issuance and denial of building permits, certificates of occupancy
and/or uses, of formal complaints of violation and the action taken
on the same; and keep a record of all permits, certificates of occupancy
and use issued that shall be available for public inspection.
D. Issue and post notices of violations, stop orders,
orders directing the remedying of any condition or omission that is
or creates a violation of this chapter or other applicable laws, rules
and regulations and revoke building permits, certificates of occupancy
and certificates of use.
E. Make such inspections and reports as shall be required
by the Village Board for the enforcement, amendment or addition to
this chapter or of any other applicable rules and regulations.
F. Apply to the Village Board for authorization to perform
such other actions or duties as may be necessary or required to enforce
any authority or to invoke any penalty for the violation of this chapter
and any other applicable rules and regulations.
G. Have the power, right and authority to issue an appearance
ticket, as the same is defined in Article 150 of the Criminal Procedure
Law of the State of New York, for the violation of any section of
this chapter or for any order of the Building Inspector.
The New York State Uniform Fire Prevention and
Building Code is hereby adopted and recognized as the official Building
Construction Code of the Village for the purposes set forth therein
and as it may be amended from time to time.
No building permit, certificate of occupancy
or certificate of use shall be issued unless the proposed construction
or use is in conformance with all the provisions of this chapter and
other applicable laws.
Any person who shall violate any order of the
Building Inspector, issued under this chapter, shall be deemed to
have violated this chapter.
A building permit is required for:
A. The construction, reconstruction, moving, demolition,
structural alteration or change in the use of a building or a structure.
B. Any change in the bulk of a building, structure or
nonbuilding use, but not including ordinary repairs which are not
structural in nature.
The Building Inspector may revoke a building
permit issued in any one of the following circumstances:
A. There has been a false statement or misrepresentation
as to a material fact in the application, plans, specifications or
other accompanying documents upon which the building permit was based.
B. The building permit was issued in error and should
not have been issued in accordance with the applicable laws.
C. The holder or the applicant has failed to meet the
requirements of an approved site development plan or subdivision plat.
D. The work being performed under the permit is not in
accordance with the provision of the application, the permit, the
plans or specifications.
E. The holder of the permit has failed or refused to comply with a stop order issued by the Building Inspector under §
195-99 of this article.
Whenever the Building Inspector shall determine
that work on any building or structure is being or has been conducted
in violation of any of the provisions of the State Uniform Fire Prevention
and Building Code, state, federal, county or Village laws, rules or
regulations or has failed to meet or violates any requirement of an
approved site plan or subdivision plat, including but not limited
to the required drainage, grade or elevation plans, sewer and septic
plans, approved road profile plans and such other plans or specifications
upon which a building permit was issued, or that any work is being
conducted in a dangerous or unsafe manner, then the Building Inspector
shall notify the owner of the property, or the owner's agent, or the
person performing the work, to suspend and halt work. Such direction
by the Building Inspector (a stop-work order) shall be in writing
and delivered to the owner, or the owner's agent, or the person performing
the work or affixed to any part of said structure. Such stop-work
order shall state the reasons therefore and the conditions under which
the work may be resumed. Should work continue in violation of the
stop-work order, the Building Inspector may, without further notice,
revoke the building permit and, if there is a certificate of occupancy
or use, revoke the same.
If after the issuance of a certificate of occupancy or use the Building Inspector shall determine that there has been a violation of the preceding section or that there has been a violation or set of circumstances which would authorize the revocation of a building permit pursuant to §
195-98 or
195-99 of this article, the Building Inspector may revoke the certificate of occupancy or use that had been issued.
The Building Inspector or his authorized agent,
upon the showing of proper credentials and in the discharge of his
duties, may enter upon any land or building or structure at any reasonable
hour, subject to all applicable laws.
Any person who shall violate any provision of
this chapter, or who shall build or alter any structure or use any
land in violation of any statement or plan submitted and approved
thereunder, or who shall knowingly assist therein, shall be liable
to a fine of not more than $5,000 or imprisonment not exceeding 15
days, or both such fine and imprisonment. Each day's continued violation
shall constitute a separate and additional violation. In addition
to the foregoing provisions, the Village shall have such other remedies
for any violation or threatened violation of this chapter as are now
or may hereafter be provided by law.
Nothing contained herein shall be deemed to
limit or prevent prosecution pursuant to the laws of the State of
New York.
Whenever the Building Inspector shall approve
or disapprove, act or fail to act or otherwise perform any duties
and shall render a decision thereon, such decision shall be reviewable
by appeal to the Board of Appeals from the Building Inspector's decision.
Such appeal shall be taken not more than 30 days after the filing
of the decision of the Building Inspector in the office of the Building
Inspector.