The Building Inspector shall be authorized to
make or cause to be made inspections to determine the condition of
dwellings, dwelling units, rooming houses, rooming units and premises
in order to safeguard the health, safety, morals and welfare of the
public.
A. Access. The Building Inspector or his designated representatives
shall have such right to enter a dwelling, dwelling unit, rooming
house, rooming unit or premises as is otherwise provided by law.
B. Interference with Building Inspector. Any person,
having granted access or admission to the Building Inspector or his
designated representatives to any dwelling, dwelling unit, rooming
house, rooming unit or premises for the purpose of an inspection,
who interferes with or hinders the Building Inspector or his designated
representatives in the performance of their duties under this chapter
shall be guilty of a violation of this chapter.
C. Identification of inspectors. 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 house, rooming
unit or premises.
D. All apartments
subject to this chapter, including those situated in the Central Commercial
C-1 District and/or General Commercial C-2 District, shall be licensed
annually after inspection by the Building Inspector and upon payment
of the licensing fee to be established by the Board of Trustees. The
licensing fee for all such apartments shall be as follows:
[Added 10-5-2009 by L.L. No. 11-2009; 1-24-2011 by L.L. No.
2-2011]
(1) For
a building containing an apartment or apartments consisting of the
following number of bedrooms, the following fee for each such apartment:
|
Number of Bedrooms
|
Fee for Each Apartment
|
---|
|
One
|
$150
|
|
Two
|
$250
|
|
Three
|
$350
|
|
Four
|
$450
|
|
Five
|
$550 plus $100 for each bedroom in excess of 5
|
(2) For
multi-unit apartment complexes containing the following number of
apartments, the following fees shall be due for each such complex:
|
Number of Unit Apartments
|
Fee for Each Complex
|
---|
|
4 to 50
|
$1,000
|
|
51 to 100
|
$1,500
|
|
101 to 200
|
$2,500
|
|
Over 200
|
$5,000
|
[Amended 11-4-2019 by L.L. No. 29-2019]
Whenever the Building Inspector determines that there has been a violation or that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, he shall give notice of such violation or alleged violation to the person or persons or entity responsible for such violation and the owner of the premises, if different. Such notice shall be in writing and shall specify the violation and shall provide a reasonable time of not less than 10 days nor more than 30 days for compliance and shall be served upon the owner, agent, operator or occupant, as the case may require. Such notice shall be deemed to be properly served personally or if a copy thereof is sent by certified mail, return receipt requested, to the last known residence or business address of such person or entity, and a copy is posted in a conspicuous place in or about the premises affected by the notice. Such notice shall be deemed sufficient if mailed to the owner of the premises affected by the notice at the address shown on the current tax assessment rolls of the Incorporated Village of Port Jefferson. Such notice shall inform the person to whom it is directed of his right to apply for a hearing before the Building Inspector as provided in §
161-40 of this chapter. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter.
At the end of the period specified in the notice
of violation or any extension thereof, it shall be the duty of the
Building Inspector to make or cause to be made a reinspection of the
dwelling, dwelling unit, rooming house, rooming unit or premises,
and if compliance has not been established, appropriate legal action
shall be instituted.
The Building Inspector may extend the compliance
time specified in any notice or order issued under the provisions
of this chapter where there is evidence of intent to comply within
the period specified and conditions exist which prevent immediate
compliance.
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 or the absence
of any violations, upon payment of sixty cents for each page thereof.
[Amended 1-5-2015 by L.L.
No. 1-2015]
A. Violators of any provision or requirement of this chapter or of any statement, plan, application, permit or certificate approved under the provisions of this chapter shall, upon conviction thereof, be subject to the penalties provided in §
1-2 of the Code of the Village of Port Jefferson. In addition, a guilty party shall pay all costs and expenses incurred by the Village in determining such violation.
B. The owner, general agent or contractor of a building, premises or
part thereof where such a violation has been committed or does exist
shall be guilty of such an offense. Any agent, contractor, architect,
builder, corporation or other person who commits, takes part or assists
in such violation shall also be guilty of such an offense. Each and
every day that any such violation continues beyond five days after
notification that such violation exists shall constitute a separate
offense. Such notice shall be written by the Building Inspector and
shall be served by registered mail or by personal service.
C. The imposition of penalties herein prescribed shall not preclude
the Village or any person from instituting appropriate legal action
or proceeding to prevent an unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use or to restrain,
correct or abate a violation or to prevent the illegal occupancy of
a building, land or premises.