Village of
New York Mills
Oneida County, NY
 Laws 

PART II GENERAL LEGISLATION Chapter 70, BUILDING CONSTRUCTION, ARTICLE II, Enforcement Officer

Body:

70-3.  Designation of Code Enforcement Officer.

 

There is hereby designated in the Village a public official to be known as the Code Enforcement Officer, who shall administer and enforce the provisions of the Building Codes of New York and all other laws, ordinances, rules, regulations and orders applicable to the location, design, materials, construction, alteration, repair, equipment, maintenance, use, occupancy, removal, and demolition of buildings and structures and their appurtenances located in the Village. The Code Enforcement Officer shall be the "Zoning Officer" as designated in Chapter 200, entitled "Zoning," the "Building Inspector" as designated in Chapter 175, Subdivision of Land, and the enforcement officer of the Multiple Residence Law and shall perform such other and related duties as may be assigned to him by the Board of Trustees. The Code Enforcement Officer shall be the head of the Building Department of the Village. 

 

70-4.  Appointment and qualifications of Code Enforcement Officer. 

 

A.  The Code Enforcement Officer shall be appointed by the Board of Trustees at a compensation to be fixed by the Board of Trustees. The Code Enforcement Officer may be employed by the Board of Trustees in conjunction with one or more other municipalities. 

B.  The Code Enforcement Officer shall be a person who shall have had satisfactory experience or professional training, or both, in the field of building construction and design.   

 

70-5.  Appointment and qualifications of Deputy Code Enforcement Officers. 

 

A.  The Board of Trustees may appoint one or more Deputy Code Enforcement Officers, as the need may appear, to act under the supervision of the Code Enforcement Officer and to exercise any portion of his powers and duties. The compensation of such Deputy Code Enforcement Officers shall be fixed by the Board of Trustees. 

B.  Each Deputy Code Enforcement Officer shall be a person who has had satisfactory experience or training, or both, to perform the duties assigned to him.   

 

70-6.  Other employees.

 

The Board of Trustees may appoint such other employees as may be necessary from time to time to carry out the functions of the Code Enforcement Officer. 

 

70-7.  Acting Code Enforcement Officer.

 

In the absence of the Code Enforcement Officer or in the case of his inability to act for any reason, the Board of Trustees shall have the power to designate a person to act in his behalf and exercise all of the powers conferred upon him by this chapter. 

 

70-8.  Restrictions on officers and employees.

 

No officer or employee of the Building Department shall engage in any activity inconsistent with his duties or with the interests of the Building Department; nor shall he, during the term of his 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 or specifications thereof within the Village, excepting only that this provision shall not prohibit any employee from such activities in connection with the construction of a building or structure owned by him, and not constructed for sale. 

 

70-9.  Relief from personal responsibility.

 

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 official duties, provided that such acts are performed in good faith and without gross negligence. 

 

70-10.  Duties and powers of Code Enforcement Officer. 

 

A.  Except as otherwise specifically provided by law, ordinance, rule or regulation, or except as herein otherwise provided, the Code Enforcement Officer shall administer and enforce all of the provisions of the Building Codes of New York and laws, ordinances, rules 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.  He shall receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued for the purpose of insuring compliance with the Building Codes of New York and laws, ordinances, rules and regulations governing building construction. 

C.  He shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction with the requirements of the Building Codes of New York and such laws, ordinances, rules or regulations. He shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept written reports of inspection from Deputy Code Enforcement Officers or other employees of the Building Department or from generally recognized and authoritative service and inspection bureaus, provided the same are certified by a responsible official thereof. 

D.  Whenever the same may be necessary or appropriate to assure compliance with the provisions of the Building Codes of New York and applicable laws, ordinances, rules or regulations covering building construction, he 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. 

E.   It shall be the duty of the Code Enforcement Officer of the Village to designate the street number for each and every building upon each and every street or highway of the Village and upon request of a property owner or tenant or other occupant of the buildings to be numbered upon the streets or highways of the Village to designate the number to be used for said building or buildings.   

 

70-11.  Department records and reports. 

 

A.  The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by him, 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 open to public inspection during business hours. 

B.  The Code Enforcement Officer shall, annually, submit to the Board of Trustees a written report and summary of all business conducted by the Code Enforcement Officer, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending.   

 

70-12.  Cooperation of other departments.

 

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 all other municipal officials and departments exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.  

 

70-13.  Duties of architect or professional engineer. 

 

A.  Inspections and reports. The architect or professional engineer whose seal and signature appear on the drawings for buildings or structures other than one- or two-family dwellings, or his designated representative, shall be responsible for making periodic visits to the construction site to familiarize himself with the progress and quality of the construction, and to determine in general if the construction is proceeding in accord with the drawings, specifications and addenda thereto which have been approved by the Code Enforcement Officer. He shall file reports with the Code Enforcement Officer at regular intervals indicating the times of such visits, the status of the construction, and of any defects or discrepancies between the actual construction and the approved drawings and specifications affecting structural, fire, health or safety which he may observe. He shall advise the Code Enforcement Officer when such discrepancies have been corrected. 

B.  Limitation on duties. The architect or engineer shall not be required to make exhaustive or continuous on-site inspections to check the construction. He shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, nor shall he be responsible for the contractor's failure to carry out the construction in accord with the approved drawings and specifications.