[Amended 7-13-1970 by L.L. No. 9-1970; 9-12-1994 by L.L. No. 9-1994; 1-20-1998 by L.L. No. 1-1998]
A.
Legislative authority. This local law is adopted pursuant
to the provisions of § 10 of the Municipal Home Rule Law
of the State of New York, which grants to local governments the authority
to enact local laws which are not inconsistent with general state
statutes. This local law recognizes that Chapter 747[1] of the Laws of 1991 of the State Legislature amended § 3
of the Public Officers Law of the State of New York by adding a new
subdivision numbered "24" exempting any appointed public officer in
the Town of Greenburgh, Westchester County, from the required residency
requirements, and allowing any such appointed public officers to reside
anywhere in the State of New York. This amendment by the State Legislature,
therefore, has rendered § 3 of the Public Officers Law,
in its coverage of appointive Town officers, a special rather than
a general law, since in establishing residency requirements for appointive
Town officers it did not, in terms and in effect, apply alike to all
towns of the state.
[1]
Editor's Note: "Chapter 747" apparently refers to Chapter
354, which redesignates former Subdivision 22, regarding the Town
of Greenburgh, Westchester County, as Subdivision 24.
B.
This local law shall supersede § 3 of the Public
Officers Law of the State of New York and § 23, Subdivision
1, of the Town Law of the State of New York in their application to
the Town of Orangetown for the position of Director of the Office
of Building, Zoning and Planning Administration and Enforcement.
C.
There is hereby created in the Town of Orangetown, Rockland
County, New York, an office of Town government to be known as the
"Office of Building, Zoning and Planning Administration and Enforcement"
and which shall be administered by a public official designated as
the "Director."
D.
The Director is not required to be a resident of the Town
of Orangetown, provided that he resides in the State of New York.
[Amended 7-13-1970 by L.L. No. 9-1970; 12-10-1984 by L.L. No. 25-1984; 9-8-1986 by L.L. No. 4-1986; 9-12-1994 by L.L. No. 10-1994; 4-12-2004 by L.L. No. 4-2004]
The office hereby created shall be directly under the jurisdiction
of the Town Board, with the Supervisor of the Town as the Chief Executive
Officer, pursuant to the provision of the Suburban Town Law, responsible
for overall executive supervision.
A.
All of the following laws shall be administered and enforced
by the Director of the Office of Building, Zoning and Planning Administration
and Enforcement:
|
Chapter 6, Building Construction Administration
| |
|
Chapter 8, Demolition of Buildings
| |
|
Chapter 11B, Environmental Quality Review
| |
|
Chapter 14B, Flood Damage Prevention
| |
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Chapter 21, Land Development Regulations
| |
|
Chapter 21A, Site Development Plan Approval
| |
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Chapter 23A, Parking Areas
| |
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Chapter 28, Planning Services Department
| |
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Chapter 33, Swimming Pools
| |
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Chapter 37, Unsafe Buildings
| |
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The New York State Uniform Fire Prevention and Building Code,
except those sections enforced by the Fire Prevention Bureau
|
B.
The following laws shall be administered and enforced by
the Fire Prevention Bureau:
C.
The following law shall be administered and enforced concurrently
by the Town Clerk and the Director of the Office of Building, Zoning
and Planning Administration and Enforcement as in said law is provided:
|
Chapter 41, Watercourse Diversion
|
D.
The following law shall be administered and enforced concurrently
by the Town Clerk, the Director of Building, Zoning and Planning Administration
and Enforcement and the Fire Inspector as in said law is provided:
|
Chapter 13, Explosives
|
E.
Summons.
(1)
The Director of the Office of Building, Zoning and Planning
Administration and Enforcement, or his designated deputy or deputies,
and the Chief of the Bureau of Fire Prevention, Fire Safety Inspectors
and Assistant Fire Inspectors, are hereby authorized and empowered
to issue an investigatory summons for the violation of any provision
of any of the actions, laws or ordinances, state or local, within
his jurisdiction, returnable before the Justice Court pursuant to
the rules thereof.
(2)
Where a condition is hazardous to person or property,
the Director of the Office of Building, Zoning and Planning Administration
and Enforcement, or his designated deputy or deputies, and the Chief
of the Bureau of Fire Prevention, Fire Safety Inspectors and Assistant
Fire Inspectors, are hereby authorized and empowered to issue a summons,
other than investigatory, returnable before the Justice Court pursuant
to the rules thereof.
(3)
Violations and penalties.
[Amended 11-13-2006 by L.L. No. 18-2006]
(a)
Irrespective of any penalty provided for any of the laws hereunder enforced or to be enforced by the Director of the Office of Building, Zoning and Planning Administration and Enforcement, the Fire Prevention Bureau or the Town Clerk, any person who knowingly or willfully violates or assists in the violation of any of the codes enforceable within the jurisdiction of the Director of the Office of Building, Zoning and Planning Administration, the Fire Prevention Bureau or the Town Clerk shall, upon conviction, be punished by a penalty as set forth in Chapter 41A of this Code. The term "person," as used in this section, shall include the owner, occupant, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of any subject premises or part thereof.
(b)
Any fine or imprisonment hereinabove provided for
shall be in addition to and not in limitation of any concurrent rights,
reliefs or remedies, either at law or equity, for the enforcement
of or prevention of any violation of any part or parts of any of the
laws, ordinances, rules or regulations to be enforced hereunder.
(4)
The administration and enforcement of Chapter C and relevant sections of the New York State Uniform Fire Prevention and Building Code; Chapter 1C, Alarm Systems; Chapter 14A, Fire Prevention Bureau; Chapter 15, Fire Prevention Code; and the Minimum Housing Standards Code relating to multiple residences shall be by the Chief of the Fire Prevention Bureau or the designated Fire Inspectors or Assistant Fire Inspectors, and he shall be directly responsible to the Supervisor of the Town of Orangetown. The Chief of the Fire Prevention Bureau and/or his duly authorized Fire Inspectors and/or assistant Fire Inspectors shall be authorized to issue an appearance ticket as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York for violations of Chapter C and relevant sections of the New York State Uniform Fire Prevention and Building Code, and Chapter 1C (Alarm Systems) and the Fire Prevention Code of the Code of the Town of Orangetown and the Minimum Housing Standards Code, returnable before the Justice Court pursuant to the rules thereof.
