[Added 3-3-1981 by L.L. No. 3-1981]
A.
Whenever used in this article, words used in the singular
include the plural and vice versa.
B.
ASSISTANT TO THE COMMISSIONER
COMMISSIONER
DEPARTMENT
DEPUTY COMMISSIONERS
As used in this article, the following terms shall
have the meanings indicated:
A designated officer of the Department appointed by the Commissioner
to aid and advise the Commissioner in planning and coordinating projects
and policies of the Department.
The duly qualified and appointed Commissioner of the Department.
The Town of North Hempstead Department of Building and Safety
Inspection and Enforcement, performing a vital Town function.
The Deputy Commissioners of the Department, who shall generally
act for and in place of the Commissioner.[1]
[Amended 6-6-2017 by L.L.
No. 7-2017]
[1]
Editor's Note: The former definition of "Deputy
Commissioner for Code Enforcement," which immediately followed this
definition, as added 9-21-1993 by L.L. No. 12-1993, as amended, was
repealed 2-10-1998 by L.L. No. 4-1998.
There is hereby established in the Town of North
Hempstead a Department of Building and Safety Inspection and Enforcement.
A.
The chief executive officer and administrative head
of such Department shall be the Commissioner, who shall be appointed
by the Town Board for the term fixed by law and at such salary as
may be fixed by the Town Board. The Commissioner shall be appointed
on the basis of his/her administrative and practical experience and
education, as well as such additional standards as may be required
by law or the Town Board. The Commissioner shall be the head of the
Department, with the power and authority to appoint and remove officers
and employees under his/her jurisdiction in accordance with the Civil
Service Law and other applicable laws. The Commissioner may appoint
two exempt Deputies, who may act generally for the Commissioner in
the absence of the Commissioner.
[Amended 6-6-2017 by L.L.
No. 7-2017]
B.
Before entering upon the duties of office, the Commissioner
shall execute and file with the Town Clerk an official undertaking,
if the same is required by the Town Board, in such sum as prescribed
by the Town Board and in such form as approved by the Town Attorney.
C.
The Department shall be divided into the following
Divisions:
[Amended 9-21-1993 by L.L. No. 12-1993; 2-10-1998 by L.L. No. 4-1998]
D.
Each division of the Department shall be under the
administration, direction and control of the Commissioner. The Commissioner
may, subject to applicable law, designate employees within each division
to be the Manager and Assistant Manager of such division, and such
persons shall thereafter be responsible for the supervision of such
division. The Commissioner may delegate to a Manager or Assistant
Manager any of the Commissioner's duties and powers; and in the event
of the Commissioner's absence or inability to act, each Manager or
Assistant Manager shall have all the powers of the Commissioner as
relate to his/her division, including but not limited to the power
to issue permits, notices or orders.
[Amended 9-21-1993 by L.L. No. 12-1993; 2-10-1998 by L.L. No. 4-1998; 6-17-2008 by L.L. No.
6-2008; 6-6-2017 by L.L. No. 7-2017]
E.
The Commissioner may, with the consent of the Town
Board, establish, consolidate or abolish any divisions or bureaus
within such divisions now existing or hereafter created.
A.
Except as otherwise provided by law, ordinance or
regulation, the Department shall be responsible for the administration
and enforcement of all laws, ordinances and regulations applicable
to the construction, alteration, repair, removal and demolition of
buildings and structures within the jurisdiction of the Town, and
to the location, use, occupancy and maintenance of such buildings
and structures, and, except as otherwise provided by law, ordinance
or regulation, shall be responsible for the administration and enforcement
of all other Town laws, ordinances and regulations.
[Amended 9-21-1993 by L.L. No. 12-1993]
B.
The Commissioner shall have all powers necessary for
the proper administration of the Department consistent with applicable
provisions of law. The responsibility of the Department being the
preservation of the public health, safety and welfare, the enumeration
of powers set forth herein is not intended to be all-inclusive, and
any powers granted to the Department or the Commissioner by other
laws, ordinances or regulations are to be deemed granted as if fully
set forth herein.
C.
The Commissioner shall have the power and authority
to appoint and remove officers and employees of the Department, subject
to the Civil Service Law and other applicable laws.
D.
The Commissioner shall have the power to adopt rules
and regulations, with the consent of the Town Board, to secure the
intent and purposes of this Code and the proper enforcement of the
laws, ordinances and regulations applicable to the functions of the
Department. All persons making application to the Department, or subject
to its jurisdiction, shall comply with such rules and regulations,
copies of which shall remain on file in the offices of the Department.
E.
Whenever the same may be necessary or appropriate
to assure compliance with the provisions of applicable laws, ordinances
and regulations, the Commissioner may require the performance of tests
in the field by experienced, professional persons or by accredited,
authoritative laboratories and/or service bureaus or agencies.
F.
The Commissioner shall keep permanent official records
of all transactions and activities of the Department, including all
applications received, permits and certificates issued, fees charged
and collected and inspection reports, notices and orders issued. All
such records shall be public records.
G.
The Commissioner shall annually submit to the Town
Board a written report and summary of all business conducted by the
Department in such form and detail as the Town Board may require.
H.
The powers and duties of the divisions shall be as
follows:
(1)
Division of Plans Examination and Permits.
(a)
The division shall receive, examine and approve
or disapprove, within a reasonable time after receipt thereof, applications
for permits for construction, alteration, removal or demolition of
buildings or structures, or parts thereof, and shall itself, or through
the Division of Building Inspection, examine the premises for which
such applications have been received or such permits have been issued
to ensure compliance with applicable laws, ordinances and regulations.
(b)
The division shall receive and examine and approve
or disapprove, within a reasonable time after receipt thereof, applications
for permits to install any new plumbing or drainage work in a building
or structure or to extend or alter any existing plumbing or drainage
work, whether or not such work is to be connected with a sewer.
(2)
Division of Building Inspection.
(a)
The division shall, on complaint or other information,
examine existing and completed buildings, as well as buildings and
structures under construction, and shall issue all appropriate notices
to remove or remedy illegal or unsafe conditions.
(b)
It shall require necessary safeguards for the
public during construction and during the entire course of construction
shall ensure compliance with all applicable laws, ordinances and regulations.
(c)
It shall make all inspections necessary and
proper to carry out its duties, except that it may accept written
reports from other divisions of the Department, other Departments
of the Town or authoritative service and inspection bureaus, provided
that the same are certified by a responsible official thereof.
(d)
The division shall be responsible for all types
of buildings and structures, including residential (single-family,
two-family and multiple-residence) and commercial, and the Commissioner
may establish bureaus to reflect the various types of buildings and
structures within the Division's jurisdiction.
(3)
Division of Licensing. The division shall be comprised of the Examining Board of Plumbers, as established by Article II of Chapter 2 of the Code of the Town of North Hempstead, and the Examining Board of Electricians, as established by Article IV of Chapter 2 of the Code of the Town of North Hempstead. The Division shall have all those powers and duties as are specified in this Code and all other applicable laws, ordinances and regulations for the operation of those Boards.[1]
[1]
Editor's Note: Former Subsection H(4), Division
of Code Enforcement, as added 9-21-1993 by L.L. No. 12-1993, was repealed
2-10-1998 by L.L. No. 4-1998.
I.
Complaint procedures.
[Added 8-29-2000 by L.L. No. 11-2000]
(1)
The Town Board, by resolution, shall adopt procedures
for the handling of complaints from the public concerning possible
violations of the Town Code. Prior to the adoption of those complaint
procedures, the Town Board must solicit the input of the Commissioner.
(2)
After the initial adoption of the complaint procedures
by the Town Board, the Commissioner may propose to the Town Board,
in writing, recommended changes to those procedures, and the Town
Board, on its own, or based upon the recommendations of the Commissioner,
may amend, revise, correct or change the complaint procedures as circumstances
or evidence may warrant, but all procedural changes must include consultation
with the Commissioner.
All costs and expenses incurred by the Department
or its officers or employees on behalf of a special improvement district
or special Town project shall be charged against such district or
project and paid from the funds duly appropriated for the purpose
of such district or project.
Nothing herein contained shall be construed to delegate or transfer any power of the Town Supervisor contained in §§ 29, 52 and 125 of the Town Law of the State of New York or any other powers which may be lawfully exercised by said Supervisor.
[Amended 6-6-2017 by L.L.
No. 7-2017]
The Commissioner may establish, subject to Town
Board approval, a schedule of fees to be collected by him/her for
services rendered in connection with the work of his/her Department
and for which he deems it necessary to charge and collect a fee therefor.
