§ 23-10.4. Powers and duties.

A. 

Except as otherwise provided by law, ordinance or regulation, the Department shall be responsible for the administration and enforcement of all laws, ordinances and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures within the jurisdiction of the Town, and to the location, use, occupancy and maintenance of such buildings and structures, and, except as otherwise provided by law, ordinance or regulation, shall be responsible for the administration and enforcement of all other Town laws, ordinances and regulations.

B. 

The Commissioner shall have all powers necessary for the proper administration of the Department consistent with applicable provisions of law. The responsibility of the Department being the preservation of the public health, safety and welfare, the enumeration of powers set forth herein is not intended to be all-inclusive, and any powers granted to the Department or the Commissioner by other laws, ordinances or regulations are to be deemed granted as if fully set forth herein.

C. 

The Commissioner shall have the power and authority to appoint and remove officers and employees of the Department, subject to the Civil Service Law and other applicable laws.

D. 

The Commissioner shall have the power to adopt rules and regulations, with the consent of the Town Board, to secure the intent and purposes of this Code and the proper enforcement of the laws, ordinances and regulations applicable to the functions of the Department. All persons making application to the Department, or subject to its jurisdiction, shall comply with such rules and regulations, copies of which shall remain on file in the offices of the Department.

E. 

Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances and regulations, the Commissioner may require the performance of tests in the field by experienced, professional persons or by accredited, authoritative laboratories and/or service bureaus or agencies.

F. 

The Commissioner shall keep permanent official records of all transactions and activities of the Department, including all applications received, permits and certificates issued, fees charged and collected and inspection reports, notices and orders issued. All such records shall be public records.

G. 

The Commissioner shall annually submit to the Town Board a written report and summary of all business conducted by the Department in such form and detail as the Town Board may require.

H. 

The powers and duties of the divisions shall be as follows:

(1) 

Division of Plans Examination and Permits.

(a) 

The division shall receive, examine and approve or disapprove, within a reasonable time after receipt thereof, applications for permits for construction, alteration, removal or demolition of buildings or structures, or parts thereof, and shall itself, or through the Division of Building Inspection, examine the premises for which such applications have been received or such permits have been issued to ensure compliance with applicable laws, ordinances and regulations.

(b) 

The division shall receive and examine and approve or disapprove, within a reasonable time after receipt thereof, applications for permits to install any new plumbing or drainage work in a building or structure or to extend or alter any existing plumbing or drainage work, whether or not such work is to be connected with a sewer.

(2) 

Division of Building Inspection.

(a) 

The division shall, on complaint or other information, examine existing and completed buildings, as well as buildings and structures under construction, and shall issue all appropriate notices to remove or remedy illegal or unsafe conditions.

(b) 

It shall require necessary safeguards for the public during construction and during the entire course of construction shall ensure compliance with all applicable laws, ordinances and regulations.

(c) 

It shall make all inspections necessary and proper to carry out its duties, except that it may accept written reports from other divisions of the Department, other Departments of the Town or authoritative service and inspection bureaus, provided that the same are certified by a responsible official thereof.

(d) 

The division shall be responsible for all types of buildings and structures, including residential (single-family, two-family and multiple-residence) and commercial, and the Commissioner may establish bureaus to reflect the various types of buildings and structures within the Division's jurisdiction.

(3) 

Division of Licensing. The division shall be comprised of the Examining Board of Plumbers, as established by Article II of Chapter 2 of the Code of the Town of North Hempstead, and the Examining Board of Electricians, as established by Article IV of Chapter 2 of the Code of the Town of North Hempstead. The Division shall have all those powers and duties as are specified in this Code and all other applicable laws, ordinances and regulations for the operation of those Boards.

Editor's Note: Former Subsection H(4), Division of Code Enforcement, as added 9-21-1993 by L.L. No. 12-1993, was repealed 2-10-1998 by L.L. No. 4-1998.

I. 

Complaint procedures.

[Added 8-29-2000 by L.L. No. 11-2000]

(1) 

The Town Board, by resolution, shall adopt procedures for the handling of complaints from the public concerning possible violations of the Town Code. Prior to the adoption of those complaint procedures, the Town Board must solicit the input of the Commissioner.

(2) 

After the initial adoption of the complaint procedures by the Town Board, the Commissioner may propose to the Town Board, in writing, recommended changes to those procedures, and the Town Board, on its own, or based upon the recommendations of the Commissioner, may amend, revise, correct or change the complaint procedures as circumstances or evidence may warrant, but all procedural changes must include consultation with the Commissioner.

Amended 9-21-1993 by L.L. No. 12-1993