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HomeMy WebLinkAbout2016_1_20_Local_Law_No_1 Local Law No. 1 - 2016 This local law shall be known as the “Addition of Building Inspector to the Town Code” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: The Town Code grants to the Director of Building Code Enforcement and Land Use Administration the powers ordinarily bestowed upon a building inspector in a municipal code. This local law adds the Building Inspector to the places in the Code where the Director of Building Code Enforcement and Land Use Administration is mentioned so that the power to perform the Director of Building Code Enforcement and Land Use Administration’s functions under the Code will be in the hands of both the Building Inspector and the Director of Building Code Enforcement and Land Use Administration. In addition, where appropriate, this local law amends those sections of the Code that are being amended by this law to make them gender neutral. Section 2 – Amendment of current sections of the Mamaroneck Code: The following sections of the Code of the Town of Mamaroneck hereby are amended so that the title “Director of Building Code Enforcement and Land Use Administration” is replaced with the words “the Building Inspector or the Director of Building Code Enforcement and Land Use Administration”: Sections 3-10 3-11 40-2A 40-2B 40-2C 55-5 (unlettered paragraph) 90-5 (both places) 106-4A 106-4B 106-20A (four places) 106-20B (three places) 106-27C 106-27D 106-27E (two places) 106-38B 106-38D 106-39A 1 106-39B 106-40A 106-40 C (unlettered paragraph) (both places) 106-40 C (7) 106-40 E (four places) 106-41A 106-42A 106-43 (unlettered paragraph) 106-46A 106-46B 106-46C 106-46D 106-47A 106-47B 106-47C (two places) 106-47D 106-48A (two places) 106-50 (two places) 106-52 (unlettered paragraph) 106-52A 106-53 106-57 106-62 (three places) 114-6B 144-5A 158-5A (three places) 158-5C (three places) 158-5D 158-8 (two places) 161-13B (two places) 175-3 (two places) 175-5 175-8A 175-8A (3) 175-8D 175-11K (two places) 177-7C 177-9A 177-10A (20) 177-10D 177-11 177-14 183-14 190-8A 2 192-5B 207-8 234-3B 240-19.1G 240-25F (3) 240-25F (5) 240-28F (2) 240-28F (6) 240-61E 240-71 240-73 240-83C (3) (c) 240-83C (4) 240-84A 240-84B 240-84C 240-85A 240-85C (two places) 240-86A (two places) 240-86C (two places) 240-89D (1) 240-89D (2) 240-89F 240-91 A250-1 Section 3 – Amendment of current sections of the Mamaroneck Code: The following sections of the Code of the Town of Mamaroneck hereby are amended so that the title “Director of Building Code Enforcement and Land Use Administration” is replaced with the words “the Building Inspector or the Director of Building Code Enforcement and Land Use Administration or either’s designated representative”: Sections 55-5C 71-2D 71-3 82-5 82-12 102-4 102-5 106-18 106-19 106-41C 3 106-43D 106-44 (two places) 106-45 106-51 (two places) 106-54A 106-54C 106-55A 106-55B (two places) 108-6 114-8 (unlettered paragraph) 137-3 158-9A 158-9B (two places) 175-9A (three places) 192-7 (two places) 207-9 240-88B Section 4 – Amendment of current sections of the Mamaroneck Code: Section 5-14 and 110-11 of the Code of the Town of Mamaroneck hereby are amended by deleting therefrom the title “Director of Building Code Enforcement and Land Use Administration” and replacing them with the words “the Director of Building Code Enforcement and Land Use Administration or if that position is vacant, the Building Inspector”. Section 5 – Amendment of a current section of the Mamaroneck Code: Section 32-4 of the Code of the Town of Mamaroneck hereby is amended by adding between the titles “Assistant Building Inspector” and “Code Enforcement Officer” in the definition of CONSTABLES the title “Building Inspector”. Section 6 – Amendment of a current section of the Mamaroneck Code: Section 71-2A of the Code of the Town of Mamaroneck hereby is amended by deleting therefrom the words “The Director of Building Code Enforcement and Land Use Administration or one of his designated representatives” and replacing them with the words “The Building Inspector or the Director of Building Code Enforcement and Land Use Administration or either’s designated representative”. Section 7 – Amendment of a current section of the Mamaroneck Code: Section 71-2B of the Code of the Town of Mamaroneck hereby is amended by deleting therefrom the words “Director of Building Code Enforcement and Land Use Administration or his designated 4 representative” and replacing them with the words “the Building Inspector or the Director of Building Code Enforcement and Land Use Administration or either’s designated representative”. Section 8 – Amendment of a current section of the Mamaroneck Code: Section 91-7 of the Code of the Town of Mamaroneck hereby is amended by deleting therefrom the words “the Director of Building Code Enforcement and Land Use Administration” and replacing them with the words “the Building Inspector, the Director of Building Code Enforcement and Land Use Administration”. Section 9 – Amendment of a current section of the Mamaroneck Code: Section 95-7B of the Code of the Town of Mamaroneck hereby is amended by deleting therefrom the words “STORMWATER MANAGEMENT OFFICER The Director of Building Code Enforcement and Land Use Administration or his (her) designee.” and replacing them with the words “STORMWATER MANAGEMENT OFFICER The Building Inspector or the Director of Building Code Enforcement and Land Use Administration or either’s designated representative.” Section 10 – Amendment of a current section of the Mamaroneck Code: Section 103-3 of the Code of the Town of Mamaroneck hereby is amended by deleting therefrom the words “Director of Building Code Enforcement and Land Use Administration of the Town of Mamaroneck and he” and replacing them with the words “the Building Inspector or the Director of Building Code Enforcement and Land Use Administration or either’s designated representative and he/she”. Section 11 – Amendment of a current section of the Mamaroneck Code: Section 106-37 of the Code of the Town of Mamaroneck hereby is amended by deleting therefrom the word “shall” from sections 106-37A and 106-37B and replacing it with the word “may” in both sections, and by adding a new section 106-37D that reads as follows: 5 “D. If the office of the Director of Building Code Enforcement and Land Use Administration is vacant, the Building Inspector shall have all of the Director of Building Code Enforcement and Land Use Administration’s powers, duties and responsibilities.” Section 12 – Amendment of a current section of the Mamaroneck Code: Section 106-40E of the Code of the Town of Mamaroneck hereby is amended by deleting therefrom the title “Building Inspector” and replacing them with the words “Building Inspector or the Director of Building Code Enforcement and Land Use Administration”. Section 13 – Amendment of a current section of the Mamaroneck Code: Section 106-41B of the Code of the Town of Mamaroneck hereby is amended by deleting therefrom the words “the Director of Building Code Enforcement and Land Use Administration or his authorized representative” and replacing them with the words “the Building Inspector or the Director of Building Code Enforcement and Land Use Administration or either’s designated representative”. Section 14 – Amendment of a current section of the Mamaroneck Code: Section 106-41B of the Code of the Town of Mamaroneck hereby is amended by deleting therefrom the words “the Director of Building Code Enforcement and Land Use Administration for the use of any other department of the Town” and replacing them with the words “the Building Inspector or the Director of Building Code Enforcement and Land Use Administration or for the use of any other department of the Town”. Section 15 – Amendment of a current section of the Mamaroneck Code: Section 106-43E of the Code of the Town of Mamaroneck hereby is amended by deleting therefrom the words “the Director of Building Code Enforcement and Land Use Administration and/or his designated deputies” and replacing them with the words “the Building Inspector or the Director of Building Code Enforcement and Land Use Administration or either’s designated representative”. Section 16 – Amendment of a current section of the Mamaroneck Code: Section 106-49A of the Code of the Town of Mamaroneck hereby is amended by deleting therefrom the words “DIRECTOR The Director of Building Code Enforcement and Land Use Administration” and replacing them with the words 6 “DIRECTOR The Building Inspector or the Director of Building Code Enforcement and Land Use Administration”. Section 17 – Amendment of a current section of the Mamaroneck Code: Section 106-59 of the Code of the Town of Mamaroneck hereby is amended by deleting its current title and replacing it with the words “Notice to the Building Inspector or the Director of Building Code Enforcement and Land Use Administration” and by deleting from the text of the section the words “in writing, to the Director of Building Code Enforcement and Land Use Administration” and replacing them with the words “the Building Inspector or the Director of Building Code Enforcement and Land Use Administration” and by deleting from the text of the section the words “The Director of Building Code Enforcement and Land Use Administration shall inspect such premises, and, if the structure is found unsafe, the Director of Building Code Enforcement and Land Use Administration shall order it repaired” and replacing them with the words “The Building Inspector or the Director of Building Code Enforcement and Land Use Administration or either’s designated representative shall inspect such premises, and, if the structure is found unsafe, the Building Inspector or the Director of Building Code Enforcement and Land Use Administration or either’s designated representative shall order it repaired”. Section 18 – Amendment of a current section of the Mamaroneck Code: Section 114-9 of the Code of the Town of Mamaroneck hereby is amended by deleting from sections 114-9 A and 114-9B the title “Director of Buildings” and replacing it with the titles “the Building Inspector or the Director of Building Code Enforcement and Land Use Administration” and by deleting from section 114-9C the title “Director of Buildings” and replacing it with the words “Building Inspector or the Director of Building Code Enforcement and Land Use Administration or either’s designated representative”. Section 19 – Amendment of a current section of the Mamaroneck Code: Section 161-12 of the Code of the Town of Mamaroneck hereby is amended by deleting therefrom the words “This article shall be enforced by the designated Building Official of the Town or by deputies whom said Building Official designates for this purpose” and replacing them with the words “The Building Inspector or the Director of Building Code Enforcement and Land Use Administration or either’s designated representative shall enforce this article.” 7 Section 20 – Amendment of a current section of the Mamaroneck Code: Section 175-4 of the Code of the Town of Mamaroneck hereby is amended by deleting therefrom the words “DIRECTOR OF BUILDING CODE ENFORCEMENT AND LAND USE ADMINISTRATION The Director of Building Code Enforcement and Land Use Administration, or such other officer duly appointed to perform the duties of that position.” and replacing them with the words “BUILDING INSPECTOR/DIRECTOR OF BUILDING CODE ENFORCEMENT AND LAND USE ADMINISTRATION The Building Inspector or the Director of Building Code Enforcement and Land Use Administration, or such other officer duly appointed to perform the duties of that position.” Section 21 – Amendment of a current section of the Mamaroneck Code: Section 192-5F of the Code of the Town of Mamaroneck hereby is amended by deleting therefrom the words “Screening. Screening as is deemed necessary by the Director of Building Code Enforcement and Land Use Administration may be required by him” and replacing them with the words “Screening. Such screening as the Building Inspector or the Director of Building Code Enforcement and Land Use Administration may deem necessary.” Section 22 – Amendment of a current section of the Mamaroneck Code: Section 240-83B of the Code of the Town of Mamaroneck hereby is amended by deleting therefrom the words “This chapter shall be enforced by the Director of Building Code Enforcement and Land Use Administration, in accordance with this chapter” and replacing them with the words “The Building Inspector or the Director of Building Code Enforcement and Land Use Administration or either’s designated representative shall enforce this article.” Section 3 – Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. 8 Section 4 – Effective Date: This Local Law shall become effective upon filing with the Secretary of State. 9