§ 70-3. Designation of
Code Enforcement Officer.
There is
hereby designated in the Village a public official to be known as the Code
Enforcement Officer, who shall administer and enforce the provisions of the
Building Codes of New York and all other laws, ordinances, rules, regulations
and orders applicable to the location, design, materials, construction,
alteration, repair, equipment, maintenance, use, occupancy, removal, and
demolition of buildings and structures and their appurtenances located in the
Village. The Code Enforcement Officer shall be the "Zoning Officer"
as designated in Chapter 200, entitled "Zoning," the "Building
Inspector" as designated in Chapter 175, Subdivision of Land, and the
enforcement officer of the Multiple Residence Law and shall perform such other
and related duties as may be assigned to him by the Board of Trustees. The Code
Enforcement Officer shall be the head of the Building Department of the
Village.
§ 70-4. Appointment and
qualifications of Code Enforcement Officer.
A. The
Code Enforcement Officer shall be appointed by the Board of Trustees at a
compensation to be fixed by the Board of Trustees. The Code Enforcement Officer
may be employed by the Board of Trustees in conjunction with one or more other
municipalities.
B. The
Code Enforcement Officer shall be a person who shall have had satisfactory
experience or professional training, or both, in the field of building
construction and design.
§ 70-5. Appointment and
qualifications of Deputy Code Enforcement Officers.
A. The
Board of Trustees may appoint one or more Deputy Code Enforcement Officers, as
the need may appear, to act under the supervision of the Code Enforcement
Officer and to exercise any portion of his powers and duties. The compensation
of such Deputy Code Enforcement Officers shall be fixed by the Board of
Trustees.
B. Each
Deputy Code Enforcement Officer shall be a person who has had satisfactory
experience or training, or both, to perform the duties assigned to him.
§ 70-6. Other
employees.
The Board of
Trustees may appoint such other employees as may be necessary from time to time
to carry out the functions of the Code Enforcement Officer.
§ 70-7. Acting Code
Enforcement Officer.
In the
absence of the Code Enforcement Officer or in the case of his inability to act
for any reason, the Board of Trustees shall have the power to designate a
person to act in his behalf and exercise all of the powers conferred upon him
by this chapter.
§ 70-8. Restrictions on
officers and employees.
No officer
or employee of the Building Department shall engage in any activity
inconsistent with his duties or with the interests of the Building Department;
nor shall he, during the term of his employment, be engaged directly or
indirectly in any building business, in the furnishing of labor, materials, or
appliances for the construction, alteration or maintenance of a building or the
preparation of plans or specifications thereof within the Village, excepting
only that this provision shall not prohibit any employee from such activities
in connection with the construction of a building or structure owned by him,
and not constructed for sale.
§ 70-9. Relief from
personal responsibility.
No official
or employee of the Building Department shall, while acting pursuant to the
provisions of this chapter, be personally liable for any damage that may accrue
to persons or property as the result of any act required or permitted in the
discharge of his official duties, provided that such acts are performed in good
faith and without gross negligence.
§ 70-10. Duties and
powers of Code Enforcement Officer.
A. Except
as otherwise specifically provided by law, ordinance, rule or regulation, or
except as herein otherwise provided, the Code Enforcement Officer shall
administer and enforce all of the provisions of the Building Codes of New York
and laws, ordinances, rules and regulations applicable to the construction,
alteration, repair, removal and demolition of buildings and structures, and the
installation and use of materials and equipment therein, and the location, use,
occupancy and maintenance thereof.
B. He
shall receive applications and issue permits for the erection, alteration,
removal and demolition of buildings or structures or parts thereof and shall
examine the premises for which such applications have been received or such
permits have been issued for the purpose of insuring compliance with the
Building Codes of New York and laws, ordinances, rules and regulations governing
building construction.
C. He
shall issue all appropriate notices or orders to remove illegal or unsafe
conditions, to require the necessary safeguards during construction with the
requirements of the Building Codes of New York and such laws, ordinances, rules
or regulations. He shall make all inspections which are necessary or proper for
the carrying out of his duties, except that he may accept written reports of
inspection from Deputy Code Enforcement Officers or other employees of the
Building Department or from generally recognized and authoritative service and
inspection bureaus, provided the same are certified by a responsible official
thereof.
D. Whenever
the same may be necessary or appropriate to assure compliance with the
provisions of the Building Codes of New York and applicable laws, ordinances,
rules or regulations covering building construction, he may require the
performance of tests in the field by experienced, professional persons or by
accredited and authoritative testing laboratories, or service bureaus or
agencies.
E. It
shall be the duty of the Code Enforcement Officer of the Village to designate
the street number for each and every building upon each and every street or
highway of the Village and upon request of a property owner or tenant or other
occupant of the buildings to be numbered upon the streets or highways of the
Village to designate the number to be used for said building or buildings.
§ 70-11. Department
records and reports.
A. The
Code Enforcement Officer shall keep permanent official records of all
transactions and activities conducted by him, including all applications
received, permits and certificates issued, fees charged and collected,
inspection reports, and notices and orders issued. All such records shall be
public records open to public inspection during business hours.
B. The
Code Enforcement Officer shall, annually, submit to the Board of Trustees a
written report and summary of all business conducted by the Code Enforcement
Officer, including permits and certificates issued, fees collected, orders and
notices promulgated, inspections and tests made and appeals or litigation
pending.
§ 70-12. Cooperation of
other departments.
The Code
Enforcement Officer may request and shall receive, so far as may be necessary
in the discharge of his duties, the assistance and cooperation of all other
municipal officials and departments exercising any jurisdiction over the
construction, use or occupancy of buildings or the installation of equipment
therein.
§ 70-13. Duties of
architect or professional engineer.
A. Inspections
and reports. The architect or professional engineer whose seal and signature
appear on the drawings for buildings or structures other than one- or
two-family dwellings, or his designated representative, shall be responsible
for making periodic visits to the construction site to familiarize himself with
the progress and quality of the construction, and to determine in general if
the construction is proceeding in accord with the drawings, specifications and
addenda thereto which have been approved by the Code Enforcement Officer. He
shall file reports with the Code Enforcement Officer at regular intervals
indicating the times of such visits, the status of the construction, and of any
defects or discrepancies between the actual construction and the approved
drawings and specifications affecting structural, fire, health or safety which
he may observe. He shall advise the Code Enforcement Officer when such
discrepancies have been corrected.
B. Limitation
on duties. The architect or engineer shall not be required to make exhaustive
or continuous on-site inspections to check the construction. He shall not be
responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the
construction, nor shall he be responsible for the contractor's failure to carry
out the construction in accord with the approved drawings and
specifications.
