Plandome City Zoning Code
ARTICLE XI
Administration and Enforcement
§ 175-54 Regulatory authority.
This chapter shall be enforced by the Trustees of the Village, who may make any rules and regulations necessary in connection therewith.
§ 175-55 Appointment of personnel; powers and duties.
A.
Building Inspector.
(1)
The Mayor shall appoint a Building Inspector. As the need may arise, the Mayor may also appoint Assistant Building Inspectors.
(2)
Except as otherwise specifically provided by law, ordinance, rule or regulation or except as herein provided, the Building Inspector and any Assistant Building Inspector shall administer and enforce all of the provisions of the Village Code, any regulations promulgated thereunder and any rules and regulations adopted by the Village of Plandome applicable to the construction, alteration, removal and demolition of buildings and structures, including electrical, plumbing and drainage work therein and the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof.
(3)
Prior to the issuance of a certificate of occupancy or certificate of completion, the Building Inspector shall have the right, for reasons of public health or safety, at any reasonable hour, upon the showing of proper credentials and in the discharge of his duties, to enter upon any building, structure or premises for which a building permit has been issued; and no person or animal shall interfere with or prevent such entry.
(4)
The Building Inspector shall, on complaint or other information, examine existing and completed buildings and structures, as well as buildings or structures under construction for compliance to code, and shall issue all appropriate notices or orders to remedy illegal or unsafe conditions, to require the necessary safeguards during construction and to insure compliance during the entire course of construction with the requirements of applicable laws, codes, ordinances or regulations.
(5)
The Building Inspector shall make all inspections which are necessary or proper for the carrying out of his duties, except as he may accept or require written reports from licensed professionals and certifications from others.
(6)
The Building Inspector shall have the authority to declare that an emergency condition exists, wherein, in his opinion, the safety of the occupants or the general public is at immediate risk for possible harm. In this instance, the Building Inspector may order the evacuation of any structure or building until such time as it has been determined that the emergency condition no longer exists. If the Building Inspector declares an emergency exists he must immediately notify the Mayor and the Village Clerk of such declaration and identify the basis for such declaration in writing.
(7)
The Building Inspector shall keep permanent official records of all transactions and activities conducted, including applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports as well as a record of all warnings, notices and orders issued.
B.
Code Enforcement Officer (pursuant to Chapter 2 of the Village Code).
(1)
The Mayor may appoint one or more Code Enforcement Officers, all of whom shall act under the supervision and direction of the Board of Trustees and the Clerk/Treasurer as they may direct.
(2)
Except as otherwise specifically provided by law, ordinance, rule or regulation or except as herein provided, the Code Enforcement Officers shall enforce all of the provisions of the Village Code, any regulations promulgated thereunder and any rules and regulations adopted by the Village of Plandome.
(3)
The Code Enforcement Officer(s) shall keep permanent official records of all transactions and activities conducted by them, including inspection reports and a record of all warnings and appearance tickets issued.
(4)
Pursuant to the authority vested in the Village Board by Subdivision 4(a) of § 10 of the Municipal Home Rule Law of the State of New York, the Village of Plandome has hereby authorized, directed and permitted the Code Enforcement Officer(s) and all other personnel designated by the Board of Trustees to issue appearance tickets in accordance with Article 150 of the Criminal Procedure Law of the State of New York against any persons, parties or entities relating to the enforcement of any local law, ordinance, rule or regulation of the Village of Plandome.
C.
Pursuant to the authority vested in the Village Board by Subdivision 4(a) of § 10 of the Municipal Home Rule Law of the State of New York, the Village of Plandome has hereby authorized, directed and permitted the Clerk/Treasurer or his designee, in conjunction with the Village Prosecutor, to design appropriate appearance tickets for use by enforcement personnel and to implement procedures for the service and prosecution of such appearance tickets.
§ 175-56 Penalties for offenses.
A.
A violation of any of the provisions of Chapter 175 of the Code of the Village of Plandome by any person(s), firm or corporation, including, but not limited to, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who knowingly commits, takes part or assists in any such violation or who maintains any building or premises in which such violation shall exist, shall be liable for:
[Amended 7-9-2013 by L.L. No. 3-2013; 10-13-2020 by L.L. No. 1-2020]
(1)
A fine not exceeding $2,000 or imprisonment for a period not to exceed 15 days, or both, for a conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of five years, a fine of not less than $2,000 nor more than $5,000 or imprisonment for a period not to exceed 15 days, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, a fine of not less than $5,000 nor more than $10,000 or imprisonment for a period not to exceed 15 days, or both; or
(2)
A civil penalty not exceeding $2,000 for a first offense; for a conviction of a second offense, both of which were committed within a period of five years, a civil penalty of not less than $2,000 nor more than $5,000; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, a fine of not less than $5,000 nor more than $10,000.
B.
Each week's continued violation shall constitute a separate additional violation, for which separate and additional fines and punishment or civil penalties may be imposed and recovered.
C.
In the event the penalty sought is within the monetary jurisdiction of the Justice Court, as established in Article 18 of the Uniform Justice Court Act, such action to recover such penalty may, as shall be determined by the Village Attorney, be commenced in the appropriate court as a small claims action.
D.
It shall be a permitted presumption for the purpose of enforcing this Code that the owner of the premises upon which a violation occurred, knew, allowed or otherwise permitted the violation to occur.