[HISTORY: Adopted by the Board of Trustees of the Village of Spring
Valley 12-10-1985 as L.L. No. 6-1985. Amendments noted where applicable.]
This chapter shall be cited as and may be referred to hereinafter as
the "Code Enforcement Bureau Law." This chapter shall relate to the Incorporated
Village of Spring Valley.
The Board of Trustees of the Village of Spring Valley is aware that
there are or may be in the future dwelling structures in the Village of Spring
Valley which are so dilapidated, unsafe, dangerous, unhygienic or unsanitary
as to constitute a menace to the health and safety of residents of the Village
of Spring Valley, and that such dwelling structures may very well be, either
now or in the future, in violation of such housing standards as are provided
for in the various laws composing the Code of the Village of Spring Valley
and other applicable state and local laws having jurisdiction over such housing.
Because of this, the Board of Trustees has deemed it necessary to create a
Code Enforcement Bureau for the Village of Spring Valley and to authorize,
through such Bureau, the systematic inspection of dwellings and enforcement
of such laws as compose the Code of the Village of Spring Valley and of other
applicable state and local laws to the end that the housing standards of the
Village of Spring Valley, where necessary, may be raised to and maintained
at a decent level for the betterment and welfare of all of the residents of
the Village of Spring Valley.
This chapter shall apply but not be limited to residential premises
as follows:
A.
Lots, plots or parcels of land on which residential buildings,
buildings of mixed occupancy or accessory structures are located.
B.
Residential buildings, including one- and two-family
dwellings and multiple dwellings.
C.
Residential occupancies in buildings of mixed occupancy.
D.
Accessory structures, accessory to residential occupancies.
A.
Function of Bureau. A Code Enforcement Bureau has been
established as part of the Building Department. Such Bureau shall be responsible
for and shall secure compliance with housing standards in the Village of Spring
Valley as are or may be in the future provided for in the various laws of
the Code of the Village of Spring Valley and in other applicable state and
local laws and regulations having in any way jurisdiction over or applicability
to housing and housing standards of dwelling units in the Village of Spring
Valley.
B.
Administration. The Bureau shall be under the direction
and charge of the Village Building Inspector, who shall have as his representatives
such assistants and inspectors as may be necessary to carry out effectively
the powers and duties of the Bureau. All personnel of the Bureau shall be
appointed by the Mayor with the approval of the Board of Trustees of the Village
of Spring Valley and shall be furnished with appropriate official badges or
identification cards. All such personnel shall be free from personal liability
for acts done in good faith in the performance of their official duties.
[Amended 4-11-1995 by L.L. No. 1-1995]
C.
Duties of Building Inspector. It shall be the duty of
the Building Inspector:
(1)
Inspections. To cause periodic inspections to be made
of multiple dwellings and retail premises every three years or more often,
if deemed necessary by the Building Inspector.
[Amended 3-22-2005 by L.L. No. 13-2005]
(2)
Investigation of complaints. To cause investigation of
all complaints of alleged housing violations or other unsafe or unsanitary
conditions.
(3)
Issuance of orders. To order, in writing, where applicable,
the remedying of all conditions found to exist in or on any premises in violation
of the provisions of any of the housing standards, laws, other laws of the
Village Code, the Multiple Residence Law of the State of New York, the State
Uniform Fire Prevention and Building Code or of any other local or state law;
to issue summonses in connection with such violations, where appropriate,
and, where necessary, to order the vacating of premises found unfit for human
habitation, all as may be provided for, in proper cases, in the laws comprising
the Code of the Village of Spring Valley and in other applicable law.
[Amended 4-11-1995 by L.L. No. 1995]
(4)
Legal action. To request the Village Attorney to take
appropriate legal action in the name of the Village or in the name of the
people of the State of New York upon the failure of a responsible party to
take such steps as may be called for in a violation order of the Building
Inspector within the time specified therein.
[Amended 3-22-2005 by L.L. No. 13-2005]
(5)
Search of records. To cause a search of records of any
of the village departments as to housing violations existing on any premises
and to issue a certified statement thereof upon receipt of a written request
and payment of any fees required in this chapter or in any village law, whichever
may be appropriate.
(6)
Study of housing conditions. To study housing conditions
in the village and to conduct surveys of housing in any area of the village
to determine the condition of premises or the extent of deterioration.
(7)
Cooperation. To cooperate with other municipal, governmental
and private agencies engaged in the study and improvement of housing conditions.
(8)
Annual report. To publish an annual report of housing
conditions in the village, the accomplishments of the Bureau and recommendations
for the future.
D.
Powers of the Building Inspector. Anything herein contained
to the contrary notwithstanding, it is the intention of this chapter that
the enforcement of any law of the Village of Spring Valley or local law or
state statute pertaining in any way to the subject matter of this chapter
shall come within the purview and jurisdiction of the Bureau and shall be
enforceable by the inspectors thereof as if the provisions thereof were set
forth in this chapter at length.
E.
Emergency provisions. Whenever the Building Inspector
finds that an emergency exists which requires immediate action to protect
the public health, safety or welfare, he may, without notice or hearing, issue
and serve an order reciting the existence of such emergency and requiring
that such action be taken as he deems necessary to meet the emergency. Notwithstanding
the other provisions of this chapter or of any other of the laws of the Code
of the Village of Spring Valley, such order shall be effective immediately.
Any party to whom such order is directed shall comply therewith immediately.
If such party is not available or does not respond with sufficient promptness
to meet the emergency, then the Building Inspector shall proceed to enforce
the order issued as provided hereinafter.
F.
Building Inspector to abate hazards in emergencies. Whenever, in the opinion of the Building Inspector, any violation of this chapter causes a direct hazard or immediate danger to the health, safety or welfare of the occupants of a building or to the public, has not been corrected in the time specified by the order issued pursuant to Subsection E hereinabove, the Building Inspector shall notify the Mayor who shall, if time permits, notify the Board of Trustees. The Mayor and/or the Board of Trustees may then authorize him to take such direct action as is necessary to abate the hazard or danger. Expenses incurred in the execution of such orders shall be recovered as provided in applicable laws set forth in the Code of the Village of Spring Valley or other applicable law or state statutes, as the case may be. If time did not permit the Mayor to advise the Board of Trustees before authorizing action by the Building Inspector, the Mayor shall notify the Board as soon as practicable.
[Amended 3-22-2005 by L.L. No. 13-2005]
G.
Inspection. Inspectors of the Bureau shall be authorized
and shall have the right in the performance of their duties and in conformity
with legal safeguards to enter any premises during normal business hours and
in emergencies, whenever necessary, to protect the public interest. Owners,
agents, operators, superintendents and occupants shall be responsible for
providing access to all parts of the premises within their control to authorized
Bureau personnel acting in the performance of their duties.
H.
Records. The Bureau shall keep records of all complaints
received and inspections made on violations found regarding premises regulated
by any of the housing standards, laws or statutes of the village or of the
State of New York. Records shall be kept available for public inspection.
Upon payment of a fee in accordance with Freedom of Information Law fees,[1] the Bureau shall make a search and issue a certificate of any
of its records, including violations.
[Amended 4-11-1995 by L.L. No. 1-1995]
[1]
Editor's Note: See Public Officers Law § 84 et seq.
