City of Yonkers, NY
Westchester County
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[HISTORY: Adopted by the City Council of the City of Yonkers 7-3-1990 as part of L.L. No. 1-1990; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]

§ 55-1 Short title.

Chapters 55 through 59, inclusive, of the Code of the City of Yonkers shall be known and cited as the "Yonkers Fire and Building Code."

§ 55-2 Implementation of State Code; preexisting uses and structures; statutory construction.

A. 
The New York State Uniform Fire Prevention and Building Code, as it now exists or may be amended hereafter, is effective and binding within the City of Yonkers and is to be enforced by the City of Yonkers. All activity undertaken in the City of Yonkers shall be in compliance with the requirements of the New York State Uniform Fire Prevention and Building Code, the Yonkers Fire and Building Code and all other applicable statutes, laws, codes, ordinances, rules and regulations.
B. 
In the event that the New York State Fire Prevention and Building Code, New York State Energy Conservation Code, the New York State Multiple Residence Law, Article 11 of the Labor Law and any other state statute, law, code, rule or regulation applicable to and binding upon the City of Yonkers contain standards, provisions, rules, regulations or requirements which are inconsistent or in conflict, then the Commissioner of the Department of Housing and Buildings, the Director of the Bureau of Plumbing, the Commissioner of the Fire Department and all other officers and employees of the City of Yonkers shall enforce and apply the most stringent and restrictive standard, provision, rule, regulation or requirement unless it has been expressly superseded by a subsequently adopted statute, law, code, rule or regulation.
[Amended 7-18-1996 by L.L. No. 5-1996]
C. 
In the event that a building, structure or staging is exempt from the application of the New York Uniform Code due to its existence prior to the date upon which the New York Uniform Code became effective in the City of Yonkers, then the substantive provisions of the Code of the City of Yonkers as they existed in June 1989 shall be applicable to such building, structure or staging enforceable pursuant to the procedures and penalties hereby enacted. Nothing herein shall be construed as an approval, acknowledgment or exemption of any building, structure or staging from the requirements of the New York Uniform Code regardless of its date of construction or commencement of use.
D. 
All chapter, article and section titles or headings are inserted for convenience only and shall not be used to interpret or define the provisions of the Yonkers Fire and Building Code.

§ 55-3 Purpose.

The purpose of the Yonkers Fire and Building Code is to implement, enforce and administer the New York State Uniform Fire Prevention and Building Code and, within the authority conferred by § 379 of the Executive Law and pursuant to the other powers of the City of Yonkers, to provide basic and uniform standards of performance; to establish reasonable safeguards for the safety, health and welfare of the occupants and users of buildings, land, staging and structures; and to enact and authorize such other rules and regulations as are reasonably necessary to protect the public.

§ 55-4 Applicability to zoning.

No provision of the Yonkers Fire and Building Code or the New York State Uniform Fire Prevention and Building Code shall be construed to repeal, modify or constitute an alternative to any regulations of Chapter 43, Zoning, which are more restrictive than the New York State Uniform Fire Prevention and Building Code or the Yonkers Fire and Building Code.

§ 55-5 Definitions.

A. 
Any term used in the Yonkers Fire and Building Code shall be defined as set forth in the New York State Uniform Fire Prevention and Building Code or as defined in the Yonkers Fire and Building Code. If a term is not specifically defined, it shall be defined according to the context, its usage and its dictionary definition.
B. 
Definitions. As used in this Part VI, the following terms shall have the meanings indicated:
ASBESTOS PROJECT
Work undertaken by an owner, contractor or any other person, firm, corporation or association which involves the installation, removal, encapsulation, application or enclosure of any asbestos or asbestos material or the disturbance of friable asbestos, except for work in an owner-occupied single-family dwelling performed by the owner of such dwelling. At the time that such disturbance occurs, the project shall become an "asbestos project," and all further work on that portion of the project which resulted in such disturbance shall be conducted in accordance with the requirements of Article 30 of the Labor Law of the State of New York. Where all asbestos work on a project is subcontracted to a contractor with an asbestos-handling license, only that part of the work involving asbestos shall be deemed to be an "asbestos project." "Asbestos projects" include large asbestos projects, small asbestos projects and minor asbestos projects.
NEW YORK UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code.
PERSON
An individual, firm, corporation, joint venture, association, partnership, institution, public body or other entity of any type recognized by the laws of the State of New York.
YONKERS FIRE AND BUILDING CODE
Chapters 55, 56, 57, 58 and 59 of the Code of the City of Yonkers, and shall include the following codes:
(1) 
Yonkers Building and Electrical Code, Chapter 56.
(2) 
Yonkers Plumbing and Drainage Code, Chapter 57.
(3) 
Yonkers Housing and Building Maintenance Code, Chapter 58.
(4) 
Yonkers Fire Code, Chapter 59.
C. 
Any reference to the New York State Uniform Fire Prevention and Building Code or the New York Uniform Code shall refer to 9 NYCRR 600 et seq., as presently adopted or hereafter amended.

§ 55-6 Code remedial.

The Yonkers Fire and Building Code is hereby enacted to be remedial and shall be construed liberally to secure the beneficial interests and purposes thereof.

§ 55-7 Fees for Fire and Building Safety Inspection Program.

A. 
In order to pay for the City of Yonkers Fire and Building Safety Inspection Program, pursuant to which authorized officers and employees of the City of Yonkers inspect residential and business and commercial properties to ensure compliance with applicable codes, including but not limited to the New York State Uniform Fire Prevention and Building Code, the Yonkers Fire and Building Code, the Yonkers Fire Prevention Code, the Multiple Residence Law and other applicable provisions of law, a schedule of fees for classes of occupancies inspected by such program is hereby established.
B. 
Owners of all R Use Group occupancies (as defined in 19 NYCRR 1221.1 in the New York Uniform Fire Prevention and Building Code or its successor provisions), other than one- or two-family dwellings, shall pay an annual fee of $250 for occupancies with three units, $750 for occupancies with four to 10 units, $1,000 for occupancies with 11 to 20 units and $1,250 for occupancies with more than 20 units.
[Amended 7-26-1995 by L.L. No. 6-1995; 8-12-2004 by L.L. No. 3-2004; 6-10-2014 by L.L. No. 10-2014]
C. 
Owners of all A, B, E, F, H, I, M, S, and U Use Group occupancies (as defined in 19 NYCRR 1221.1 in the New York Uniform Fire Prevention and Building Code or its successor provisions), other than not-for-profit owners, shall pay an annual fee of $750.
[Amended 7-26-1995 by L.L. No. 6-1995; 8-12-2004 by L.L. No. 3-2004; 6-10-2014 by L.L. No. 10-2014]
D. 
The fees established by this section shall be administered by the Department of Finance and Management Services and may be billed in the manner provided for collection of real property taxes or in the manner otherwise deemed most effective by such Department. The annual billing period for such fees shall be the period from July 1 to June 30 of each calendar year, provided that the first billing period shall begin on the effective date of this section.
E. 
If the fees established by this section are not paid within 30 days after the billing of such fees, they shall be a debt recoverable from the owner and a lien upon the premises with respect to which such fees are owed and shall draw interest at the rate of 15% per annum until paid. Such lien shall have a priority over all other liens and encumbrances on the premises except for the lien of taxes and assessments. In addition, the City may recover such fees by bringing an action against the owner or by pursuing any other remedy provided by law for the recovery of such fees.

§ 55-8 Building permit surcharge; collection and remittance.

[Added 6-26-2012 by L.L. No. 11-2012]
A. 
For the purposes of this section, the following terms shall be defined as follows:
ACCESSORY STRUCTURE
A structure or building of a nature manifestly incidental or subordinate to the principal structure and on the same premises. If a structure or building is attached to a principal building, it shall be considered a part thereof and not an accessory structure.
ALTERATION or RENOVATION
A modification to a building or space, or an increase in conditioned or habitable space. This definition does not include normal repair and maintenance such as reroofing, interior and exterior walls and ceiling finishes, or replacement of plumbing, mechanical, or electrical system.
CHANGE IN TENANCY
A change from one tenant to another.
DEPARTMENT
The Department of Housing and Buildings of the City of Yonkers.
UNDER-ROOF FLOOR SPACE
The gross constructed floor area covered by a roof that provides shelter, plus any area adjacent to but outside of the enclosing walls that have a constructed floor and are covered by a sheltering roof contiguous with the building. This shall include the gross floor area of each floor of a multiple-story building. Walkways are not included in this definition.
WORK AREA
The area under construction, alteration or renovation or change in tenancy.
B. 
Operating trust fund fee collection. A surcharge of $0.005 per square foot shall be assessed on new construction and on additions, alterations, or renovations or changes in tenancy to existing buildings for which the City of Yonkers normally issues building permits and charges a permit fee. For new construction, the surcharge shall be computed on the under-roof floor space. For additions, the surcharge shall be computed on the under-roof floor space being added. For alterations or renovations or change of tenancy, the surcharge shall be computed on the under-roof floor space for the work area and on the increase in conditioned or habitable space.
C. 
Use of operating trust fund. All proceeds from any surcharge collected under this section shall be used for the purpose of defraying the costs of training and other educational programs administered by the Department.
D. 
Report of the operating trust fund surcharge fee. The Commissioner of the Department shall prepare an annual report to the Mayor and the City Council concerning the total proceeds from any surcharge collected under this section and the types of training and other educational programs administered by the Department funded by the proceeds of the surcharge.

§ 55-9 through § 55-10. (Reserved)

§ 55-11 Offenses.

It shall be unlawful for any person, owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or any of their agents or employees to:
A. 
Violate or fail to comply with any provision of:
(1) 
The New York Uniform Code or any amendment thereto.
(2) 
The Yonkers Fire and Building Code or any amendment hereto.
(3) 
Any rule or regulation related to or arising from the New York State Uniform Code or the Yonkers Fire and Building Code promulgated by the Fire Department, the Department of Housing and Buildings or the Bureau of Plumbing or any amendment thereto.
[Amended 7-18-1996 by L.L. No. 5-1996]
(4) 
Any other applicable statute, law, ordinance, code, rule or regulation enforceable by the Fire Department, the Department of Housing and Buildings or the Bureau of Plumbing.
[Amended 7-18-1996 by L.L. No. 5-1996]
B. 
Fail to comply in a timely and proper manner with any notice, order or directive of the Fire Department, Department of Housing and Buildings or Bureau of Plumbing in connection with or arising from enforcement of the New York Uniform Code or the Yonkers Fire and Building Code or any other applicable statute, law, code, ordinance, rule or regulation enforceable by the Fire Department, the Department of Housing and Buildings or the Bureau of Plumbing.
[Amended 7-18-1996 by L.L. No. 5-1996]
C. 
Violate or fail to comply with any of the terms, conditions, provisions, requirements or restrictions of any license, approval, permit or certificate issued in whole or in part by the Fire Department, the Department of Housing and Buildings or the Bureau of Plumbing.
[Amended 7-18-1996 by L.L. No. 5-1996]
D. 
Undertake any activity of any kind or occupy or use any building, structure or portion thereof without first securing all applicable permits, approvals, licenses and certificates as required by the New York Uniform Code or the Yonkers Fire and Building Code.
E. 
Make any false statements, provide false information or misrepresent any fact in any plans, application, specifications or data or in any representation to any official, employee or board of the City of Yonkers arising from or in connection with the requirements of the New York Uniform Code or the Yonkers Fire and Building Code.
F. 
Perform work or engage in an activity in a manner that is not in full and total conformity with the New York Uniform Code, the Yonkers Fire and Building Code, the rules and regulations of the Fire Department, the Department of Housing and Buildings or the Bureau of Plumbing and codes, ordinances, rules and regulations and with the plans, representations, data and specifications upon which the Fire Department, Department of Housing and Buildings or Bureau of Plumbing has based issuance of any permit, license, approval or certificate.
[Amended 7-18-1996 by L.L. No. 5-1996]
G. 
Remove, mutilate, destroy or conceal any notice or order of the Fire Department, Department of Housing and Buildings or Bureau of Plumbing posted on any premises or place, except as authorized pursuant to the Yonkers Fire and Building Code.
[Amended 7-18-1996 by L.L. No. 5-1996]
H. 
Interfere with, obstruct or impede the Fire Department, Department of Housing and Buildings and Bureau of Plumbing, any peace or police officer or other person authorized pursuant to the New York Uniform Code or the Yonkers Fire and Building Code from making any lawful inspection, examination or survey or from performing any other lawful act authorized pursuant to the New York Uniform Code or the Yonkers Fire and Building Code.
[Amended 7-18-1996 by L.L. No. 5-1996]

§ 55-12 Code enforcement.

A. 
Whenever an offense, as defined in this chapter or elsewhere in the Yonkers Fire and Building Code, has been committed, one or more of the following enforcement actions may be commenced:
(1) 
An appearance ticket may be issued by the Fire Department, Department of Housing and Buildings or the Bureau of Plumbing.
[Amended 7-18-1996 by L.L. No. 5-1996]
(2) 
An administrative code enforcement proceeding may be commenced by the Fire Department, Department of Housing and Buildings or the Bureau of Plumbing, as authorized in this chapter and in which civil penalties may be assessed.
[Amended 7-18-1996 by L.L. No. 5-1996]
(3) 
A criminal action may be commenced by the Corporation Counsel in a court of competent jurisdiction seeking fines, imprisonment, or both.
(4) 
A civil action may be commenced by the Corporation Counsel in a court of competent jurisdiction seeking civil penalties, an injunction to compel compliance or restrain violations, or both, and in association therewith imposition of any other relief allowed by law, including but not limited to attorney's fees and costs.
B. 
Use or commencement of an enforcement action or remedy authorized in Subsection A of this section shall not preclude the use of any other enforcement action or remedy at any time. Nothing in this section shall require commencement of any administrative code enforcement proceeding prior to issuance of an appearance ticket or commencement of a civil or criminal action in a court of competent jurisdiction.
C. 
Administrative code enforcement shall include administrative proceedings commenced pursuant to the Yonkers Fire and Building Code, including but not limited to:
(1) 
Correcting, abating or otherwise remedying any violation of the New York Uniform Code or the Yonkers Fire and Building Code, including the levy of civil penalties.
(2) 
Suspending or revoking any permit, license, approval or certificate.
(3) 
Stopping work performed in an unsafe or dangerous manner, in violation of the New York Uniform Code or the Yonkers Fire and Building Code or in violation of the plans, representations, data and specifications upon which the Fire Department, Department of Housing and Buildings or Bureau of Plumbing has based issuance of any permit, license, approval or certificate.
[Amended 7-18-1996 by L.L. No. 5-1996]

§ 55-13 Commencement of administrative code enforcement.

A. 
Administrative code enforcement shall be commenced by issuance of a notice of violation; a notice of license, permit, approval or certificate revocation; a stop-work order; any other notice or order authorized by the Yonkers Fire and Building Code; or any combination of the foregoing.
B. 
Such a notice or order:
(1) 
Shall be in writing.
(2) 
Shall state the date of issuance.
(3) 
Shall state the provisions of the New York Uniform Code, the Yonkers Fire and Building Code and any other applicable statute, ordinance, law, code, rule or regulation which is alleged to have been violated.
(4) 
Shall direct when all required action or cessation of activities is to occur.
(5) 
May set a date, time and place for a hearing regarding the matters contained in the notice or order.
(6) 
Shall, if a hearing date is set in the notice or order, state that the failure to attend a hearing shall automatically constitute:
(a) 
A waiver of the right to a hearing;
(b) 
An acceptance of the validity of the notice or order; and
(c) 
An acceptance of the notice or order as a binding, lawful and nonappealable enforcement order.
(7) 
Shall notify the recipient that civil penalties may be imposed by the Department or Bureau.
(8) 
Shall notify the recipient that the failure to comply with a lawful notice or order is enforceable by other remedies, including:
(a) 
The City making repairs, correcting violations or otherwise taking corrective and remedial action to cause the requirements of the notice or order to be fulfilled, charging the cost to the property owner and the violator and placing a lien on the affected property for the cost of such work;
(b) 
Commencement of a civil suit for civil penalties, injunction or any other relief authorized in the Yonkers Fire and Building Code; and
(c) 
Commencement of criminal prosecution, and the notice or order shall state the applicable criminal penalties.
(9) 
May include a summary or narrative of appropriate corrective or remedial action to be taken.
(10) 
May include such other information as is deemed appropriate by the Fire Department, Department of Housing and Buildings, the Bureau of Plumbing or the Corporation Counsel.
[Amended 7-18-1996 by L.L. No. 5-1996]

§ 55-14 Service of notices and orders.

A. 
For purposes of this section, the following terms shall be defined as follows:
(1) 
DELIVERY TO THE PERSON TO BE SERVED — Delivery to the person to whom the notice or order is directed or to any agent authorized in fact or by law to accept service of process on behalf of such person.
(2) 
MAILED FIRST CLASS — Mailing to the last known address of the person to be served by United States Postal Service first class mail; and for each envelope mailed, the United States Postal Service shall issue a certificate of mailing or officially stamp a book or form issued by the United States Postal Service and maintained by the Fire Department to record the date of mailing.
(3) 
MAILED REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED — Mailing to the last known address of the person to be served by United States Postal Service registered or certified mail, return receipt requested.
(4) 
POSTED — Affixing to the front door or other conspicuous location on the property or premises affected by the notice or order or at the last known business address or residence of the person against whom enforcement is sought.
(5) 
TELEPHONIC OR ORAL SERVICE — Informing the person to be served, or any agent authorized in fact or by law to accept service of process on behalf of such person, by telephone or orally, of the following information:
(a) 
That a notice or order has been issued.
(b) 
The general nature and contents of the notice or order.
(c) 
The date, time and place of any hearing scheduled.
(d) 
That the written notice or order is available for pickup at the Bureau or Department offices and that the Bureau or Department will hand deliver the written notice or order to any location within the City of Yonkers or mail the notice or order to any location specified by the person to whom telephonic or oral notice is given.
(e) 
That the notice or order is effective and binding immediately upon receipt of telephonic or oral notice.
(f) 
That failure to appear at a scheduled hearing will constitute acceptance of the validity of the Bureau's or Department's code enforcement and an acceptance of any notice or order as a lawful, binding and nonappealable code enforcement order.
(g) 
That failure to comply with the notice or order can result in criminal prosecution or the levy of civil penalties.
(6) 
BY ANY OTHER AUTHORIZED METHOD — Service by any means authorized under the Civil Practice Law and Rules of the State of New York.
B. 
A notice or order shall be served upon those persons against whom enforcement is sought and shall be properly accomplished if the notice or order is:
(1) 
Delivered to the person to be served;
(2) 
Mailed registered or certified mail, return receipt requested;
(3) 
Mailed first class;
(4) 
Served by giving oral or telephonic service, so long as the written notice or order is held at the Fire Department for pickup, hand delivered within 24 hours to any location within the City of Yonkers or mailed first class, as is specified by the person to whom telephonic or oral service is given; or
(5) 
Served by any other authorized method.
C. 
Service shall be deemed completed as follows:
(1) 
At the time of delivery, when service is delivered to the person to be served or delivered to an agent authorized in fact or by law to accept service of process.
(2) 
At the time of oral or telephonic service, even when followed by mailing or delivery of a written notice or order.
(3) 
Four business days after mailing, when mailed first class.
(4) 
At the time of receipt or upon refusal to accept delivery or refusal to retrieve after notice of registered or certified mail is left by the United States Postal Service, when mailed registered or certified mail, return receipt requested.
(5) 
At the time authorized by law when service is made by any other authorized method.

§ 55-15 Hearing and enforcement.

A. 
The Fire Department, Department of Housing and Buildings, Bureau of Plumbing or any board or other agency authorized under the Yonkers Fire and Building Code may schedule one or more hearings regarding matters raised in a notice or order. Such a hearing may be set without need of any request for hearing. Unless notice of the hearing was provided when the administrative code enforcement process was commenced, reasonable advance written notice of the hearing shall be provided by first class mail, registered or certified mail, return receipt requested, delivery to the person to be served or by any other method authorized by the New York Civil Practice Law and Rules.
[Amended 7-18-1996 by L.L. No. 5-1996]
B. 
Hearings may be consolidated on one or more notices or orders. Hearings may be rescheduled for good cause shown.
C. 
At the hearing, persons, including City employees and representatives of the Fire Department, Department of Housing and Buildings and Bureau of Plumbing, may present testimony and other information regarding the matters raised in the notice or order. The rules of evidence shall not apply.
[Amended 7-18-1996 by L.L. No. 5-1996]
D. 
Subpoenas may be issued, upon the prior approval of the Corporation Counsel, to compel attendance and testimony of witnesses and production of documents or other information or records. A subpoena shall be served and enforced as provided in the New York Civil Practice Law and Rules relating to enforcement of a subpoena issued by a board or committee.
E. 
If no person against whom enforcement is sought appears at the hearing, the hearing may proceed solely on information and evidence submitted by the Department or Bureau which commenced the administrative enforcement proceeding.
F. 
Appropriate enforcement shall be ordered in writing after one or more hearings. Such an order may mandate appropriate corrective or curative action; mandate compliance with applicable requirements; revoke or suspend a license, approval, permit or certificate; impose civil penalties; and address such other matters as are necessary to properly conclude the administrative enforcement proceeding.
G. 
Any hearing pursuant to which civil penalties are levied shall be conducted by a hearing officer, who shall not be an inspector or otherwise responsible for administering the New York Uniform Code or the Yonkers Fire and Building Code. The hearing officer shall preside over the hearing, shall determine what evidence and testimony shall be considered, shall cause a stenographic recording of the hearing to be made and shall issue recommended findings of fact and conclusions of law. Such recommended findings and conclusions shall be delivered to the commissioner or director of the department or bureau which commenced the administrative action. Based upon the recommendations of the hearing officer, the commissioner or director may impose civil penalties or order remedial action as authorized in the Yonkers Fire and Building Code. The commissioner or director may not impose more severe civil penalties than those recommended by the hearing officer, and the Commissioner or Director may impose less severe civil penalties.
H. 
For good cause shown, the time to complete corrective or remedial action or code compliance may be extended.
I. 
All orders shall be mailed or otherwise delivered to the parties who appeared at the hearing.
J. 
In each decision or order, the appeal rights of those persons aggrieved shall be stated.

§ 55-16 Correction of violations by City.

A. 
The Fire Department, Department of Housing and Buildings or Bureau of Plumbing may make repairs or otherwise take action to cure and remedy any violation of the New York Uniform Code or the Yonkers Fire and Building Code if a person fails to appear at an administrative hearing or a person fails to fully, timely and properly comply with a notice or order.
[Amended 7-18-1996 by L.L. No. 5-1996]
B. 
Prior to taking action pursuant to Subsection A of this section, the Fire Department, Department of Housing and Buildings or Bureau of Plumbing shall serve a copy of the notice or order which has not been complied with, along with an additional notice stating the City's intent to correct the outstanding violations, upon the owner(s), mortgagee(s), lienholder(s) and all other persons with an interest in the property as shown in the records of the City Assessor or the office of the County Clerk. Service shall be made by delivery to the person to be served or by registered or certified mail, return receipt requested, and by posting, all as defined in § 55-14.
[Amended 7-18-1996 by L.L. No. 5-1996]
C. 
The notice of intent to correct violations shall:
(1) 
State that the City will undertake remedial and corrective action necessary to correct violations, including but not limited to making repairs, and that all City expenses, including the cost of such work, shall be charged to the owner of the property and placed as a lien on the property.
(2) 
Set a date for a hearing on the notice of intent to correct violations.
(3) 
Authorize the persons served to comply with outstanding notices and order.
D. 
At the hearing, additional orders may be issued.
E. 
In the event that no one attends the scheduled hearing and there has not been full, proper and timely compliance with all outstanding notices and orders, then the City may undertake any or all remedial and corrective actions necessary to remedy any or all outstanding violations.
F. 
All costs and expenses incurred by the City, including but not limited to the cost of repairs, cost of correcting violations, cost of title searches, cost of service of process and any and all other costs and expenses shall be charged to the property owner and paid forthwith.
G. 
Copies of all charges shall be served by registered or certified mail, return receipt requested, upon the owner(s), mortgagee(s), lienholder(s) and all other persons with an interest in the property as shown in the records of the City Assessor or the office of the County Clerk.
H. 
If the charges are not paid in full, the unpaid amount shall become a lien upon and against the property or premises affected, and a copy of such charges shall be filed in the office of the County Clerk and recorded against the title of the property so affected.
I. 
The charges may be collected by one or more of the following methods:
(1) 
In an action at law.
(2) 
By assessment and collection in the same manner as general City taxes as provided by law.
(3) 
By any other method within the powers of the City.

§ 55-17 Emergency orders.

A. 
Whenever the Fire Department, Department of Housing and Buildings or Bureau of Plumbing finds that a violation of the New York Uniform Code or the Yonkers Fire and Building Code presents an imminent danger which requires immediate action to protect the health, safety or welfare of any person or the public, then the Commissioner or Director shall immediately notify the Mayor or the Mayor's designee and request issuance of an emergency order. The Mayor or the Mayor's designee may, without prior notice or hearing, issue an emergency order reciting the existence of such an emergency and require that appropriate action be undertaken as is necessary to meet the emergency and protect the health, safety or welfare of any person or the public.
[Amended 7-18-1996 by L.L. No. 5-1996]
B. 
The emergency order may require any action to eliminate the violation and the emergency, including but not limited to requiring that the appropriate City personnel or contractors take action to eliminate the violation and the emergency if the owner or agent of the property is not available, cannot be identified or contacted or if the owner or agent refuses to take such action.
C. 
Notwithstanding the other provisions of this chapter, an emergency order shall be effective immediately. An emergency order shall be served by delivery to the person to be served or by posting, as defined in § 55-14.
D. 
Any person to whom an emergency order is directed shall comply therewith immediately. Upon oral or written request to the Mayor or the Mayor's designee, a hearing shall be provided on the emergency order.
E. 
After a hearing, the Mayor or the Mayor's designee may continue, modify or quash the outstanding emergency order.
F. 
The person(s) to whom an emergency order is directed shall immediately inform the Commissioner or Director of all actions undertaken to comply with the order. The Commissioner or Director shall monitor all such actions and shall report to the Mayor or the Mayor's designee. When the emergency order is complied with and the emergency condition is eliminated, the Mayor or the Mayor's designee shall quash the emergency order.
G. 
In the event that emergency activity is undertaken by employees or contractors of the City, then the Commissioner or Director shall file a certificate of the expenses thereof with the Comptroller and the City Assessor, together with a description of the property at which the emergency activity was undertaken, including the block and lot number on the Official Tax Map of the City. The Commissioner or Director shall issue a bill for all expenses incurred and shall either personally deliver such bill or send it by registered or certified mail, return receipt requested, to the owner(s), mortgagee(s), lienholder(s) and all other persons with an interest in the property as shown in the records of the Department of Assessment or the office of the County Clerk. If the City does not receive full payment by the next succeeding tax status date, then the charges shall be added to the tax rolls of the City for the next succeeding tax year and shall be considered a real estate tax due to the City on the parcel of property and may be enforced or collected in the same manner as all other real property taxes of the City.

§ 55-18 Civil penalties.

A. 
Civil penalties may be assessed by the Fire Department, Department of Housing and Buildings and the Bureau of Plumbing after a hearing.
[Amended 7-18-1996 by L.L. No. 5-1996]
B. 
An action for civil penalties may also be commenced in a court of competent jurisdiction by itself or in conjunction with any other civil remedy available to the City. The City's action may seek an award for attorney's fees, costs, expenses and disbursements.
C. 
When the City obtains a judgment in an action for civil penalties as authorized in this section, in addition to the appropriate methods of enforcement of the judgment established in the New York Civil Practice Law and Rules, such judgment for penalties may be filed in the office of the County Clerk as a lien against the property affected and may be enforced against the premises and upon the rents and compensation due or then maturing for any tenant or occupant of the premises and may be collected from such rents or compensation without further proceedings.

§ 55-19 Suspension and revocation of permit.

Violation of any applicable provision of the New York Uniform Code, the Yonkers Fire and Building Code or any other applicable statute, law, ordinance, code, rule or regulation shall be grounds for suspension or revocation of a permit, license, certificate or approval.

§ 55-20 Penalties for offenses.

A. 
Except as otherwise provided in the Yonkers Fire and Building Code, any violation of the New York Uniform Code or the Yonkers Fire and Building Code shall constitute a Class II offense.
B. 
Notwithstanding any other provision of the Yonkers City Code, whenever a single dwelling unit or property is in violation of 10 or more provisions or requirements of the New York Uniform Code or the Yonkers Fire and Building Code, or both, then such violations shall be punishable as a Class I offense.
C. 
Notwithstanding any other provision of the Yonkers City Code, whenever a violation of the New York Uniform Code or the Yonkers Fire and Building Code, or both, causes a danger to the health, safety or welfare of one or more persons or the public generally, then such a violation shall be punishable as a Class I offense.
D. 
Each day that an offense shall continue shall constitute a separate offense.