City of New Rochelle, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of New Rochelle 7-18-2000 by Ord. No. 130-2000. Amendments noted where applicable.]

§ 130-1 Title.

[Amended 3-18-2003 by Ord. No. 63-2003]
This chapter shall be known as the "Commercial, Residential and Mixed-Occupancy Property Maintenance Code of the City of New Rochelle."

§ 130-2 Purpose.

[Amended 3-18-2003 by Ord. No. 63-2003]
This chapter provides basic and uniform standards governing the condition, occupancy and maintenance of commercial, residential and mixed-occupancy premises, for the purpose of establishing reasonable safeguards for the safety, health and welfare of the occupants of such premises, adjoining properties and the general public.

§ 130-3 Incorporation of State Code.

[Amended 3-18-2003 by Ord. No. 63-2003]
This chapter shall incorporate the standards found in the Property Maintenance Code of New York State, which shall be referred to in this chapter as the "State Code."

§ 130-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A structure, the use of which is incidental to that of a commercial premises and which is located on the same lot.
COMMERCIAL PREMISES
A building or combination of buildings and the lot on which the same is located, used wholly or in part for commercial purposes, including but not limited to offices, places of public assembly, shopping centers, entertainment centers, restaurants, supermarkets, retail stores, service businesses, wholesale stores, warehouses, manufacturing or fabrication plants, assembly plants, gasoline stations and accessory structures.
MIXED OCCUPANCY
Occupancy of a lot in part for commercial use and in part for other than commercial use.
OWNER
The owner of a parcel of real property as shown on the latest tax assessment roll of the City Assessor.
RESIDENTIAL PREMISES
A building or combination of buildings and the lot on which the same is located used wholly for residential purposes.
[Added 3-18-2003 by Ord. No. 63-2003]

§ 130-5 Conformity required.

[Amended 3-18-2003 by Ord. No. 63-2003]
All commercial, residential and mixed-occupancy premises shall be maintained in conformity with the provisions of this chapter.

§ 130-6 (Reserved) [1]

[1]
Editor's Note: Former § 130-6, Open areas, was repealed 3-18-2003 by Ord. No. 63-2003.

§ 130-7 (Reserved) [1]

[1]
Editor's Note: Former § 130-7, Buildings and structures, was repealed 3-18-2003 by Ord. No. 63-2003.

§ 130-8 Designation of owners' representatives.

All owners of commercial premises shall either affix, maintain and keep updated a sign or plate on the ground floor of each building on such premises, which sign or plate shall be directly visible from the public sidewalk directly adjacent to such premises, or file and keep updated a form with the City's Building Official, which sign/plate or form shall contain the name, address and telephone number of the owner's current representative to be contacted in the event of emergency or violation of this chapter, which representative must reside or have an office in the County of Westchester.

§ 130-9 Administration.

[Amended 3-18-2003 by Ord. No. 63-2003; 4-17-2007 by Ord. No. 80-2007]
A. 
The Building Official of the City of New Rochelle is designated as the administrator and shall secure compliance with the applicable standards of this chapter.
B. 
The Building Official shall designate such assistants and inspectors as are necessary to effectively carry out enforcement of this chapter.

§ 130-10 Powers and duties of Building Official.

[Amended 3-18-2003 by Ord. No. 63-2003; 4-17-2007 by Ord. No. 80-2007]
A. 
The Building Official shall be charged with the duty of administrating the applicable standards of this chapter.
B. 
It shall be the duty of the Building Official:
(1) 
To inspect and to cause inspection to be made of commercial, residential, and mixed-occupancy premises within the scope of the applicable standards, as necessary.
(a) 
Inspectors shall be authorized and have the right, in performance of their duties, to enter any commercial, residential, and mixed-occupancy premises for purposes of inspection or any other reason necessary to administer or secure compliance with this chapter.
(b) 
Owners, agents, operators, occupants and tenants shall be responsible for providing access to all parts of the commercial, residential, and mixed-occupancy premises within their control to inspectors acting in performance of their duties.
(2) 
To investigate and to cause an investigation of all complaints of alleged violations of this chapter. The Building Official shall keep records of all complaints received, inspections made and violations found regarding commercial, residential, and mixed-occupancy premises regulated by this chapter. Records shall be kept and shall be available for public inspection.
(3) 
To issue notices of abatement under this chapter.
(4) 
To issue notices of violation of this chapter and to order, in writing, the remedy of all conditions found to exist in or on any commercial, residential, and mixed-occupancy premises and accessory structure thereon in violation of the provisions of this chapter and to state in the notice of violation a thirty-day limit for compliance, except in an emergency where conditions render the commercial, residential, and mixed-occupancy premises unsafe for occupancy and/or unsafe to adjoining properties and/or the general public, in which event there shall be a forty-eight-hour limit for compliance therewith and, where necessary, to order the vacating of the premises found unfit for occupancy.

§ 130-11 Responsibilities of owners.

[Amended 3-18-2003 by Ord. No. 63-2003]
Owners of commercial, residential, and mixed-occupancy premises shall be responsible for compliance with the provisions of this chapter.

§ 130-12 Abatement.

[Amended 3-18-2003 by Ord. No. 63-2003; 4-17-2007 by Ord. No. 80-2007]
In the event that an owner of an occupied or unoccupied commercial, residential, and mixed-occupancy premises shall fail to maintain the same as required under this chapter, the Building Official may, in lieu of or in addition to written violation, serve written abatement notice on the owner and the owner's representative and may cause such work to be undertaken by or on behalf of the city, pursuant to the procedures set forth in Section 200 of the City Charter.

§ 130-13 Service of notice of violation.

A notice of violation may be served on the owner as follows:
A. 
Personally;
B. 
By delivering to and leaving a copy thereof with a person on the commercial, residential, and mixed-occupancy premises of reasonable age and discretion and by mailing copies thereof by both regular mail and certified mail, return receipt requested, to the owner at the owner's address as shown on the latest assessment roll of the City Assessor; or
[Amended 3-18-2003 by Ord. No. 63-2003]
C. 
By posting a copy in a conspicuous place on the exterior of a structure on the commercial, residential, and mixed-occupancy premises and by mailing copies thereof by both regular mail and certified mail, return receipt requested, to the owner at the owner's address as shown on the latest assessment roll of the City Assessor.
[Amended 3-18-2003 by Ord. No. 63-2003]

§ 130-14 Penalties for offenses.

[Amended 3-18-2003 by Ord. No. 63-2003; 4-17-2007 by Ord. No. 80-2007; 10-16-2007 by Ord. No. 238-2007]
A. 
Every person or entity who shall fail to comply with a notice of violation issued by the Building Official within the compliance period stated in said notice shall be guilty of a violation of this Chapter and shall be subject to the penalties provided herein.
B. 
Each and every day that a violation of this Chapter or the State Code exists following expiration of the compliance period stated in a notice of violation shall constitute a separate violation of this chapter.
C. 
The penalty for each and every violation of this chapter shall be a fine of not more than $2,500 for a first offense and not more than $5,000 for a second or subsequent offense within three years of a first or other offense of this chapter, or imprisonment for a period not exceeding 15 days, or both such fine and imprisonment.

§ 130-15 Injunctive relief.

[Amended 3-18-2003 by Ord. No. 63-2003; 4-17-2007 by Ord. No. 80-2007]
In the event that an owner of an occupied or unoccupied commercial, residential, and mixed-occupancy premises shall fail to maintain the same as required under this chapter, the Building Official may, in lieu of written violation and/or abatement notice, bring a proceeding in New Rochelle City Court to compel compliance with this chapter.