[HISTORY: Adopted by the Board of Trustees of the Village of Hamburg
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-6-1970 as Art.
II of Ch. 5 of the 1970 Code]
The Superintendent of Public Works shall be:
A.
A person who shall have had at least five years experience
as a licensed professional engineer or architect, building inspector, building
contractor or supervisor of building construction; and/or
B.
A person who meets the current Civil Service Job Description
for the position of Department of Public Works Superintendent.
In the absence of the Superintendent of Public Works, or in the case
of the Superintendent's inability to act for any reason, the Village Board
shall have the power to designate a person to act on behalf of the Superintendent
of Public Works and to exercise all of the powers conferred upon him or her
by this chapter.
A.
The Village Board may appoint one or more Building Inspectors
as the need may appear to exercise, pursuant to the provisions of this chapter,
any or all of the duties of Superintendent of Public Works. The compensation
of such Building Inspectors shall be fixed by the Village Board.
B.
The Building Inspector shall be a person who has had
at least three years of practical experience in the design or construction
of buildings or in the design, construction or installation of plumbing, heating
or electrical equipment, or a suitable person who has had training as an engineer
or architect.
The Village Board may appoint other employees from time to time to carry
out the functions of the Building Department.
No officer or employee of the Building Department shall engage in any
activity not consistent with his or her duties or with the interests of the
Building Department, nor shall any officer or employee, during the term of
his or her 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 and specifications
thereof within the village, excepting only that this provision shall not prohibit
any employee from such activities in connection with the construction of the
building or structure owned by him or her.
A.
Except as otherwise specifically provided by law or regulation,
or except as herein otherwise provided, the Superintendent of Public Works
shall administer and enforce all of the provisions of laws 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.
The Superintendent of Public Works shall receive from
the Village Clerk all applications for the erection, alteration, removal and
demolition of buildings or structures or parts thereof and shall examine the
premises for which applications have been received and shall recommend the
issuance or refusal of the permits applied for and shall examine the premises
for which permits have been issued for the purpose of ensuring compliance
with laws and regulations governing building construction.
C.
The Superintendent of Public Works shall issue all appropriate
notices or orders to remove illegal or unsafe conditions, to require the necessary
safeguards during construction and to ensure compliance during the entire
course of construction with the requirements of such laws, ordinances or regulations.[1]
D.
The Superintendent of Public Works shall make or cause
to be made all inspections which are necessary and may accept written reports
of inspection from generally recognized and authoritative service and inspection
bureaus, provided that the same are certified by a responsible official thereof.
E.
Whenever necessary or appropriate to ensure compliance
with the provisions of applicable laws or regulations covering building construction,
the Superintendent of Public Works 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.
A.
The Superintendent of Public Works shall keep permanent
official records of all transactions and activities of the Building Department,
including all applications which have been referred to the Department and
permits and certificates recommended or issued, inspection reports and notices
and orders issued. All such records shall be permanent records open to public
inspection during business hours.
B.
The Superintendent of Public Works shall annually submit
to the Village Board a written report and summary of the business conducted
by the Department and such other reports as the Board of Trustees may by resolution
request.
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 or her official duties, provided that such
acts are performed in good faith and without gross negligence.[1]
The Superintendent of Public Works may request and shall receive, so
far as may be necessary in the discharge of his or her duties, the assistance
and cooperation of the Police, Fire and Water Departments and of all other
municipal officials exercising any jurisdiction over the construction, use
or occupancy of buildings or the installment of equipment therein.
[Adopted 9-16-1991]
The Building Department, upon discovery of a violation of the Chapter 250, Zoning, shall serve upon the owner of the property which is in violation, written notice requiring the violation of the code to be cured within 10 days of the date of the notice, or be summoned to the Village Court. The Building Department shall have authority to grant reasonable extensions of this ten-day deadline, if the property owner exhibits good-faith efforts to cure the violation(s), and if the violation(s) do not threaten the health and/or safety of any person.
