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.
A. 
Power to act in emergencies. Whenever the Building Inspector finds a violation of this chapter which, in his opinion, requires immediate action to abate a direct hazard or immediate danger to the health or safety of the occupants of a building or of the public, he may, without prior notice or hearing, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. Such order may include an order to vacate as provided in § 161-41C. Notwithstanding any other provision of this chapter, such an order shall be effective immediately upon service and shall be complied with immediately.
B. 
Agency to abate hazards in emergencies. Whenever any violation of this chapter which, in the opinion of the Building Inspector, causes a direct hazard or immediate danger to the health and safety of the occupants of a building or the public has not been corrected in the time specified by the order issued under Subsection A above, the Building Inspector may take such direct action as is necessary to abate the hazard or danger. Expenses incurred in the execution of such orders shall be recovered as provided in Subsection C below.
C. 
Recovery of expenses. The expenses incurred pursuant to Subsection B above shall be paid by the owner or occupant of the premises or by the person who caused such violation to exist, as follows:
(1) 
The Building Inspector shall file among his records an affidavit, stating accurately the items of expenses and the date of execution of actions authorized under Subsection B above. A copy of such affidavit shall be served upon the owner or occupant of the premises as provided in § 161-34 of this chapter.
(2) 
Within 10 days thereafter the owner or occupant upon whom such affidavit has been served may file with the Board of Trustees a written request for a hearing to contest any items of expenses set forth in the affidavit of the Building Inspector. If such request is not received within 10 days, the affidavit of the Building Inspector shall be final and binding upon the owner or occupant. The Board of Trustees shall set the time and place for such hearing and shall give the applicant at least 10 days' written notice thereof. Such hearing shall commence not later than 30 days after the date on which the request was filed; however, hearings may be postponed beyond such thirty-day period for good and sufficient reason.
(3) 
At such hearing, the applicant or his representative shall be given an opportunity to show cause why the items of expenses listed in the affidavit of the Building Inspector are not accurate. The Board of Trustees may sustain or modify any items of expenses listed in said affidavit.
(4) 
The Building Inspector may institute an action to recover such expenses against any person liable therefor or may cause a report setting forth all items of expense incurred under Subsection B, to be filed with the Board of Trustees of the Incorporated Village of Port Jefferson.
(5) 
The Board of Trustees, after a public hearing and notice to the owner or occupant of the premises, may cause the items of expenses incurred pursuant to action authorized by Subsection B, to be assessed against the land upon which the building or structures are located. Said amount shall be reported to the Board of Assessors of the Incorporated Village of Port Jefferson as an assessment to be included in the next succeeding assessment roll of the Incorporated Village of Port Jefferson to be thereafter prepared.
A. 
Any owner of a building, receiving a notice of violation stating that such building does not comply with the provisions of this chapter, may demolish such building, and such action shall be deemed compliance.
B. 
Before any building or structure can be demolished a demolition permit must be obtained from the Village of Port Jefferson. At the time application is made a certification must be submitted by qualified party that the premises is asbestos-free.
[Added 8-9-1988 by L.L. No. 6-1988]
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.
A. 
Request for hearing. Any person affected by any notice of violation issued in connection with the enforcement of any provision of this chapter may request and shall be granted a hearing before the Board of Trustees, provided that such person shall file, in the office of the Village Clerk, a written request for such hearing within 10 days after service of a notice of violation, setting forth a brief statement of the grounds therefor, designating the person and his address upon whom orders may be served and setting forth the reasons why such notice of violation should be modified or withdrawn. If this request is filed within 10 days after service of notice of violation, compliance with such notice shall not be required while the hearing is pending, unless, in the opinion of the Building Inspector, the violations specified in the notice cause a direct hazard or immediate danger to the health and safety of the occupants of a building or the general public.
B. 
Hearing. Upon receipt of a request for a hearing as provided in Subsection A, the Board of Trustees shall set a time and place for such hearing and shall give the applicant at least 10 days' written notice thereof. Such hearing shall commence not later than 30 days after the date on which the request was filed; however, hearings may be postponed beyond such thirty-day period for good and sufficient reason. At such hearing, the applicant or his representative shall be given an opportunity to show cause why such notice of violation should be modified or withdrawn.
C. 
Finding of hearing. After a hearing held in accordance with Subsection A, and on consideration of the evidence presented, the Board of Trustees shall sustain, modify or withdraw the notice. Where there are practical difficulties or unreasonable hardships in the literal enforcement of the provisions of this chapter, the Board of Trustees shall have the power to authorize a variance from the provisions of this chapter, provided that the intent of this chapter shall be observed with respect to safeguarding of the public health and safety.
D. 
Record of hearing. The Board of Trustees shall keep a summary of testimony and a copy of every relevant notice or order, the request for a hearing, entries of appearance, findings of fact, if any, and the final determination, and such record shall be maintained as public record.
A. 
Unfit dwelling units. Any dwelling unit, rooming house or rooming unit having any of the defects found in Subsection A(1), (2), (3) and (4) may be designated by the Building Inspector as unfit for human habitation and may be so placarded.
(1) 
The structure lacks illumination, ventilation, sanitation, heat or other facilities adequate to protect the health and safety of the occupants or the public, as are required by this chapter.
(2) 
The structure is damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested in such a manner as to create a serious hazard to the health and safety of the occupants or the public.
(3) 
The structure, because of the general conditions, state of the premises or number of occupants, is so unsanitary, unsafe, overcrowded or otherwise detrimental to health and safety that it creates a serious hazard to the occupants or the public.
(4) 
The structure, because of the failure of the owner or occupant to comply with such notices or orders issued pursuant to this chapter, is unfit for human habitation.
B. 
Notice of intent to vacate. Whenever the Building Inspector determines that a dwelling, dwelling unit, rooming house or rooming unit is unfit for human habitation as provided in Subsection A, he may include such finding within the notice of violation provided for in § 161-34 of this chapter. He may also include a notice of his intent to vacate and placard the dwelling, dwelling unit, rooming house or rooming unit if compliance with the provisions of the notice of violation is not secured within the time specified.
C. 
Order to vacate. Whenever a notice of violation, as provided in Subsection B, has not been complied with, the Building Inspector may order the dwelling, dwelling unit, rooming unit or rooming house to be vacated. A copy of such order to vacate shall be served on the occupant and owner, agent or operator, as provided in § 161-34 of this chapter.
D. 
Vacating of unfit dwelling. Any dwelling, dwelling unit, rooming house or rooming unit designated as unfit for human habitation pursuant to Subsection A and ordered to be vacated as provided in Subsection C shall be vacated within such reasonable time as the Building Inspector may specify in the order. No such dwelling, dwelling unit, rooming house or rooming unit shall again be used for human habitation or have the placard removed until written approval is secured from the Building Inspector.
E. 
Removal of placard. No person shall deface or remove the placard from any dwelling, dwelling unit, rooming house or rooming unit which has been designated as unfit for human habitation, except as provided in Subsection D.
F. 
Vacated dwelling made secure. The owner, agent or operator of any dwelling, dwelling unit, rooming house or rooming unit which has been designated as unfit for human habitation and vacated shall make such dwelling, dwelling unit, rooming house or rooming unit safe and secure in whatever manner the Building Inspector shall deem necessary. Any vacant building, open at the doors and windows, if unguarded, shall be deemed a direct hazard or immediate danger to the health and safety of the general public.
[Amended 1-5-2015 by L.L. No. 1-2015; 5-29-2024 by L.L. No. 6-2024]
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.
D. 
Violations. Any property owner who violates § 161-27K shall be guilty of a violation thereof and shall be punishable by a fine not to exceed $500 for each violation. Each and every day that a violation of this section shall exist shall constitute a separate violation of this section.