There is hereby established a department to
be known as the "Building Department of the Incorporated Village of
Sea Cliff," for the administration and enforcement of the provisions
of all laws, ordinances and regulations applicable to the construction,
alteration, repair, removal and demolition of buildings and structures;
the installation and use of materials and equipment therein; the location,
design, use, occupancy and maintenance thereof; the removal of shrubs
and trees from vacant land; the excavation or stripping of land; and
the removal of soil, sand or gravel from vacant land.
[Amended 10-17-1983 by L.L. No. 1-1983; 10-16-2019 by L.L. No. 4-2019]
A.
The
Office of Code Enforcement Officer is hereby created and/or continued.
The Code Enforcement Officer shall administer and enforce all the
provisions of the Uniform Code and this chapter. The Code Enforcement
Officer shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, certificates of compliance, temporary
certificates and operating permits, and the plans, specifications
and construction documents submitted with such applications;
(2)
Upon approval of such applications, to issue building permits, certificates
of occupancy, certificates of compliance, temporary certificates and
operating permits, and to include in building permits, certificates
of occupancy, certificates of compliance, and temporary certificates
such terms and conditions as the Code Enforcement Officer may determine
to be appropriate;
(3)
To conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy, certificates of compliance,
temporary certificates and operating permits, fire safety and property
maintenance inspections, inspections incidental to the investigation
of complaints, and all other inspections required or permitted under
any provision of this chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(6)
To issue orders pursuant to this chapter;
(7)
To maintain building department records;
(8)
To collect fees, as set by the Village Board of Trustees from time
to time by resolution;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
As authorized by law, to pursue such actions and proceedings as may
be necessary to enforce the Uniform Code, the Energy Code and this
chapter, or to abate or correct conditions not in compliance with
the Uniform Code, the Energy Code or this chapter;
(11)
To require performance of tests in the field by experience professional
persons or by accredited and authoritative testing laboratories or
service bureaus or agencies whenever the Code Enforcement Officer
determinates the same may be necessary or appropriate to assure compliance
with the provisions of applicable laws, ordinances and regulations
pertaining to building construction; and
(12)
To administrate and enforce all of the laws, ordinances and regulations
applicable to the construction, alteration, repair, removal and demolition
of buildings and structures, the installation and use of materials
and equipment therein, the location, design, use, occupancy and maintenance
thereof, the removal of shrubs and trees from vacant land, the excavation
or stripping of land, and the removal, replacement and or addition
of soil, sand or gravel from any property;
(13)
To 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 applicable laws, ordinances and regulations;
and
(14)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this chapter.
B.
The
Code Enforcement Officer shall be appointed by the Mayor, with the
consent of the Board of Trustees. The Code Enforcement Officer shall
possess background and experience related to building construction
or fire prevention, as may be required by law, and shall, within the
time prescribed by law, obtain such basic training, in-service training,
advanced in-service training and other training as the State of New
York shall require for code enforcement personnel, and the Code Enforcement
Officer shall obtain certification from the State Fire Administrator
pursuant to the Executive Law and the regulations promulgated thereunder.
C.
If
the Code Enforcement Officer is unable to serve as such for any reason,
an individual shall be appointed by the Mayor, with the consent of
the Board of Trustees, to serve as Acting Code Enforcement Officer.
The Acting Code Enforcement Officer shall, during the term of his
or her appointment, exercise all powers and fulfill all duties conferred
upon the Code Enforcement Officer by this chapter.
D.
One or more Inspectors may be appointed by the Mayor, with the consent
of the Board of Trustees, to act under the supervision and direction
of the Code Enforcement Officer and to assist the Code Enforcement
Officer in the exercise of the powers and fulfillment of the duties
conferred upon the Code Enforcement Officer by this chapter. Each
Inspector shall, within the time prescribed by law, obtain such basic
training, in-service training, advanced in-service training and other
training as the State of New York shall require for code enforcement
personnel, and the Code Enforcement Officer shall obtain certification
from the State Fire Administrator pursuant to the Executive Law and
the regulations promulgated thereunder.
E.
The compensation of the Code Enforcement Officer and Inspectors shall
be fixed from time to time by the Village Board of Trustees.
[1]
Editor's Note: Former § 48-6, Powers and duties,
was repealed 10-16-2019 by L.L. No. 4-2019.
[1]
Editor's Note: Former § 48-7, Right of entry, was
repealed 11-13-2012 by L.L. No. 6-2012.
No officer 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.
[Amended 10-16-2019 by L.L. No. 4-2019]
A.
The Code Enforcement Officer shall keep permanent
official records of all transactions and activities of the Building
Department, 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.[1]
B.
The Code Enforcement Officer shall submit to the Board
of Trustees a monthly written report and summary of all business conducted
by the Building Department, including permits and certificates issued,
fees collected, orders and notices promulgated, inspections and tests
made and appeals or litigation pending.
[Amended 10-16-2019 by L.L. No. 4-2019]
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 other municipal officials
exercising any jurisdiction over the construction, use or occupancy
of buildings or the installation of equipment therein.
[Amended 10-16-2019 by L.L. No. 4-2019]
No Code Enforcement Officer shall engage in
any activity inconsistent with his duties or with the interests of
the Village, nor shall he, during the term of his employment or appointment,
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 in the preparation of
plans or specifications thereof within the Village, except that this
provision shall not prohibit the Code Enforcement Officer from such
activities in connection with the construction of a building or structure
owned by him or in which he has a proprietary interest.[1]
