[HISTORY: Adopted by the Town Board of the
Town of Mamaroneck 5-1-1985 by L.L. No. 7-1985 (Ch. 73A of the 1975
Code). Amendments noted where applicable.]
[Amended 7-17-1996 by L.L. No. 14-1996]
The purpose of this chapter shall be to grant
power to the Building Inspector, Deputy Building Inspector and/or
Assistant Building Inspector and code enforcement officers as well
as the Fire Inspector (herein referred to as the "Building Inspector")
of the Town of Mamaroneck to issue summonses for the enforcement of
laws or ordinances under their respective jurisdictions.
[Amended 7-17-1996 by L.L. No. 14-1996; 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
A.
The Building Inspector or the Director of Building
Code Enforcement and Land Use Administration of the Town of Mamaroneck
is authorized, in all instances in which such official is empowered
to enforce a law or ordinance, to issue summonses returnable within
10 days to the Town Court of the Town of Mamaroneck for any violation
of any provision of the Code of the Town of Mamaroneck or any other
law or ordinance, rule or regulation that the Building Inspector or
the Director of Building Code Enforcement and Land Use Administration
is empowered to enforce under his/her respective jurisdiction. The
term "summonses," as used herein, shall include an appearance ticket,
within the meaning of § 150.10 of the Criminal Procedure
Law of the State of New York.
B.
The Building Inspector or the Director of Building Code Enforcement and Land Use Administration of the Town of Mamaroneck shall, however, be required to give written notice of the existence of any violation of any law or ordinance prior to the issuance of the summons, where such notice is required by said law or ordinance, except as provided in § 40-2C below.
C.
Notwithstanding the provisions of § 40-2B above or any notice requirement of any law, ordinance, rule or regulation of the Town of Mamaroneck, if, in the opinion of the Building Inspector or the Director of Building Code Enforcement and Land Use Administration, a violation exists which creates an imminent threat to the life or health of any individual or where construction, renovation, repairs or other work is being performed without a license or permit and, under the laws or ordinances of the Town of Mamaroneck, a license or permit is required prior to the commencement of such work, a summons may be issued immediately.
The form of summons issued pursuant to this
chapter shall be governed by the Criminal Procedure Law of the State
of New York and the Uniform Justice Court Act of the State of New
York and shall be subject to approval by the Town Board. The content
of such summons and the method of prosecution thereunder shall at
all times be subject to the Criminal Procedure Law and the Uniform
Justice Court Act of the State of New York and any other applicable
law, rule or ordinance.
