HomeMy WebLinkAbout2002_11_7_Local_Law_No_10 Local Law No. 10 -2002
This local law shall be known as the "The addition of the title of Director of
Building Code Enforcement and Land Use Administration to certain sections of
the Code of the Town of Mamaroneck" Local Law.
Be it enacted by the Town Board of the Town of Mamaroneck
Section 1 - Purpose:
The Town of Mamaroneck has created the position of Director of Building Code
Enforcement and Land Use Administration. The Director performs the same
functions as the Building Inspector. Throughout the Code of the town of
Mamaroneck there are references to "Building Inspector" which now should read
"Director of Building Code Enforcement and Land Use Administration". This local
law makes that change.
Section 2 -Amendments to the Code of the Town of Mamaroneck:
The following sections of the Code of the Town of Mamaroneck hereby are
amended by deleting the words "Building Inspector" each time that the words
"Building Inspector" appear therein and in each instance, replacing those words
with the words "Director of Building Code Enforcement and Land Use
Administration".
Sections:
3-10
3-11
40-2 A
40-2 B
40-2 C
55-5 (unlettered paragraph)
55-5 C
71-2 A
71-2 B
71-2 D
71-3
82-5
82-12
90-5
95-6 A
95-6 D
95-6 E
95-9 A (14)
95-9 C
95-11
102-4
102-5
103-3
106-4 A
106-4 B
106-18
106-19
106-20 A
106-20 B
106-38 B
106-38 D
106-39 A
106-39 B
106-40 A
106-40 C (unlettered paragraph)
106-40 C (7)
106-40 E
106-41 A
106-41 B
106-41 C
106-42 A
106-43 (unlettered paragraph)
106-43 D
106-43 E
106-44
104-46A
106-46 B
106-46 C
106-46 D
106-47 A
106-47 B
106-47 C
106-47 D
106-48 A
106-49
106-50
106-51
106-52A
106-52 B
106-54
106-59
106-62
110-10
137-3
158-5 A
158-5 C
158-D
158-E
158-8
158-9 A
158-9 B
161-13 B
175-3
175-5
175-8 A
175-8 A (3)
175-8 D
175-9 A
175-11 K
177-7 C
177-9 A
177-10 A (20)
177-10 D
177-11
177-14
190-8 A
192-5 B
192-5 F
207-3 A
207-8
207-9
234-3 B
240-19.1 G
240-61 E
240-71
240-73
240-83 B
240-84 A
240-84 B
240-84 C
240-85 A
240-85 C
240-86 A
240-86C
240-88 B
240-91
A 250-1
Section - 3 Amendments to the Code of the Town of Mamaroneck:
(a) Section 95-4 of the Code of the Town of Mamaroneck hereby is amended by
deleting the definition of BUILDING INSPECTOR in its entirety.
(b) Section 95-4 of the Code of the Town of Mamaroneck hereby is amended by
adding the following definition:
DIRECTOR OF BUILDING CODE ENFORCEMENT AND LAND USE
ADMINISTRATION--- The Director of Building Code Enforcement and Land Use
Administration or duly authorized representatives of the Building Department or
the Engineering Department.
(c) Section 106-37 of the Code of the Town of Mamaroneck hereby is deleted in its
entirety and the following is substituted in its place:
§ 106-37. Director of Building Code Enforcement and Land Use Administration.
A. The Town Board shall appoint a Director of Building Code Enforcement
and Land Use Administration, who shall be either an architect, engineer or person
who has qualified according to the rules and regulations for civil service in the
County of Westchester for the position of Director of Building Code Enforcement
and Land Use Administration, and who shall serve and hold office at the pleasure
of the Town Board.
B. The Town Board shall appoint from time to time subordinates to the
Director of Building Code Enforcement and Land Use Administration such as
building inspectors, assistant building inspectors and such others as may be
deemed appropriate. Such persons (1) shall report to the Director of Building
Code Enforcement and Land Use Administration, (2) shall serve at the pleasure of
the Town Board and (3) in the absence of the Director of Building Code
Enforcement and Land Use Administration, shall act in his or her place and stead.
C. The Director of Building Code Enforcement and Land Use Administration
shall have all powers, duties and authority provided for in Town Law § 138 and the
other provisions of state law and any other laws, ordinances, codes or regulations
of the Town of Mamaroneck.
(d) Section 108-6 of the Code of the Town of Mamaroneck hereby is deleted in its
entirety and the following is substituted in its place:
§ 108-6. Penalties for offenses.
Any violation of this chapter shall be a violation punishable by a fine of no less
than fifty dollars ($50.) nor more than two hundred fifty dollars ($250.).
Summonses for violations of this chapter may be issued by the Police Department
or by the Director of Building Code Enforcement and Land Use Administration or
their designees.
(e) Section 106-45 of the Code of the Town of Mamaroneck hereby is deleted in its
entirety and the following is substituted in its place:
§ 106-45. Right of Entry
Upon showing the proper credentials and in the discharge of their duties, the
Director of Building Code Enforcement and Land Use Administration and the
persons appointed by the Town Board pursuant to §106-37B, shall be permitted to
enter upon any building, structure or premises without interference during
reasonable working hours.
(f) Section 114-10 of the Code of the Town of Mamaroneck hereby is deleted in its
entirety and the following is substituted in its place:
§ 114-10. Inspections.
A. The Director of Building Code Enforcement and Land Use Administration,
the persons appointed by the Town Board pursuant to §106-37B and the Town
Engineer shall be supplied with copies of the permits issued under the law, and
each of them is designated as an inspection agent for the Planning Board for the
purposes of determining, from time to time, compliance with the terms of any
permit issued under this chapter. For the purpose of such inspection, the persons
identified in the preceding sentence shall have the right to enter upon and inspect
any work.
B. Violations. The persons described in Section 114-10A shall have the power
to issue violations of permits issued under this chapter and demand remedial
action and to initiate such further proceedings as are necessary to enforce the
provisions of this chapter.
(g) Section 175-4 of the Code of the Town of Mamaroneck hereby is amended by
deleting the definition of"BUILDING INSPECTOR or INSPECTOR OF BUILDINGS"
in its entirety.
(h) Section 175-4 of the Code of the Town of Mamaroneck hereby is amended by
adding the following definition:
DIRECTOR OF BUILDING CODE ENFORCEMENT AND LAND USE
ADMINISTRATION --- The Director of Building Code Enforcement and Land Use
Administration or such other officer duly authorized to perform the duties of that
position.
(i) Section 183-14 of the Code of the Town of Mamaroneck hereby is deleted in its
entirety and the following is substituted in its place:
§ 183-14. Administration.
The Commission may promulgate such regulations as it deems necessary to
effect the provisions of this chapter. Any regulations promulgated by the
Commission which will directly impact the residents of the Town of Mamaroneck
shall be subject to the approval of the Mamaroneck Town Board. All provisions of
this chapter shall be enforced by the Director of Building Code Enforcement and
Land Use Administration, or the persons appointed by the Town Board pursuant
to §106-37B.
(j) Section 192-7 of the Code of the Town of Mamaroneck hereby is deleted in its
entirety and the following is substituted in its place:
§ 192-7. Inspection.
After a permit has been issued under the provisions of this chapter, all work
thereunder shall be subject to inspection by the Director of Building Code
Enforcement and Land Use Administration or the persons appointed by the Town
Board pursuant to §106-37B at all times until completion to ascertain that there is
compliance with all provisions of this chapter and all provisions of the application
for the permit. The Director of Building Code Enforcement and Land Use
Administration and the persons appointed by the Town Board pursuant to §106-
37B shall have the authority to stop any part of the work being done under any
permit which is not issued in conformity with the application for the permit or with
the provisions of this Chapter.
(k) The title of section 106-59 of the Code of the Town of Mamaroneck hereby is
deleted in its entirety and the following is substituted in its place:
§106-59. Notice to the Director of Building Code Enforcement and Land Use
Administration.
Section 4 - 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.
Section 5 - Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.