[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.]
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or requirement unless it has been expressly superseded by a subsequently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.
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.
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.
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.
ASBESTOS PROJECT
NEW YORK UNIFORM CODE
PERSON
YONKERS FIRE AND BUILDING CODE
Definitions. As used in this Part VI, the following terms shall have
the meanings indicated:
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.
The New York State Uniform Fire Prevention and Building Code.
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.
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.
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.
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.
[Added 6-26-2012 by L.L. No. 11-2012]
A.
ACCESSORY STRUCTURE
ALTERATION or RENOVATION
CHANGE IN TENANCY
DEPARTMENT
UNDER-ROOF FLOOR SPACE
WORK AREA
For the purposes of this section, the following terms shall be defined
as follows:
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.
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.
A change from one tenant to another.
The Department of Housing and Buildings of the City of Yonkers.
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.
The area under construction, alteration or renovation or
change in tenancy.
B.
Operating trust fund fee collection. A surcharge of $0.010 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.
[Amended 5-14-2019 by L.L. No. 5-2019]
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.
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]
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]
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:
(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]
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.
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.
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.
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.
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.
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.
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.
