This chapter shall be known and cited as the "Yonkers Building
and Electrical Code," hereinafter also referred to as "this chapter."
The following terms shall be defined as follows in Chapter 56 of the Code of the City of Yonkers:
An affirmative action of the Commissioner of the Department
of Housing and Buildings, his designee or any other employee or officer
of the City of Yonkers, in which such officer or employee indicates
that there has been proper and timely compliance with the New York
Uniform Code, this chapter or any other applicable statute, law, code,
ordinance, rule or regulation.
[Amended 7-18-1996 by L.L. No. 5-1996]
Consists of the Commissioner of the Department of Planning
and Development, the Corporation Counsel and the Commissioner.
[Amended 7-18-1996 by L.L. No. 5-1996]
The Commissioner of the Department of Housing and Buildings
of the City of Yonkers or the Commissioner's designee. Any function
or power of the Commissioner may be exercised by the Commissioner's
designee unless a provision of this chapter expressly and specifically
requires that the Commissioner perform a function or exercise a power
personally.
[Amended 7-18-1996 by L.L. No. 5-1996]
When used in defining the height of a building or when used
in fixing the depth of an excavation, the average level of the established
curb on the street upon which the building faces or, if the building
faces upon more than one street, the average level of the established
curb on the street having the greatest width or, if two or more streets
have the same greatest width, the average level of the established
curb on the street having the highest average level of the established
curb. Where no curb level has been established, the Commissioner of
Public Works shall establish a "curb level," or its equivalent, for
the purpose of this chapter.
The Department of Housing and Building of the City of Yonkers.
[Amended 7-18-1996 by L.L. No. 5-1996]
Any part of a structure or material attached thereto extending
or projecting beyond the street building line, including but not limited
to architectural features, marquees, fire escapes, signs and flagpoles.
[Amended 7-18-1996 by L.L. No. 5-1996]
No wall, structure, building or part thereof shall hereafter
be constructed, repaired, reconstructed or altered; no solid-fuel-burning
heating apparatus, chimney or flue shall be installed; no asbestos
project shall be undertaken; and no equipment of any building, structure
or premises shall be constructed, repaired, reconstructed or altered,
except in conformity with the provisions of the New York Uniform Code,
this chapter, the rules and regulations of the Department and the
provisions of Article 30 of the Labor Law. No building already erected
or hereafter to be built shall be altered in any manner that would
be in violation of any of the provisions of the New York Uniform Code,
this chapter, any rule or approval of the Department or the provisions
of Article 30 of the Labor Law. Nothing in this chapter shall prohibit
the raising or lowering of any building to meet a change of grade
in the street on which it is located, provided that the building is
not otherwise altered.
[Amended 7-18-1996 by L.L. No. 5-1996]
A.
In addition to the authority conferred pursuant to Article IV of this chapter, the Commissioner is hereby authorized to inspect, examine and survey the condition of buildings, structures, staging, land and premises in order to determine if they are in compliance with the New York Uniform Code, this chapter and all other applicable statutes, laws, ordinances, codes, rules and regulations.
B.
All persons shall provide access to the Commissioner to make such
inspections, examinations and surveys. In the event that access is
refused, then the Commissioner may obtain a warrant authorizing the
inspection, examination or survey.
C.
All persons occupying, using or controlling a building, structure,
land, staging or premises shall allow access at reasonable times for
the purpose of allowing repairs, improvements, alterations or other
corrective or remedial actions in order to accomplish compliance with
the New York Uniform Code, this chapter, all other applicable statutes,
laws, ordinances, codes, rules or regulations or any notice or order
of the Department issued pursuant to this chapter.
[Amended 7-18-1996 by L.L. No. 5-1996]
A.
Plans, specifications and such other data filed with the Commissioner
for the purpose of obtaining a permit may be examined in the office
of the Commissioner but may not be removed therefrom, except:
B.
Copies of plans which are on file in the Department may be obtained as authorized in Subsection A upon written signed request to the Commissioner and upon the advance payment of the prescribed fee.
C.
All applications, notices and sworn statements required by the New
York Uniform Code and this chapter and copies of the approved plans
shall be kept on file in the office of the Department. Applications
shall be promptly docketed as received. For purposes of identification
and reference, all such papers shall be marked with the name of the
street and block and lot number of the property to which they apply
and with the street and house number when possible.
D.
The Department shall maintain such records, statistics, tabulations
and other information necessary to comply with the New York Uniform
Code and 19 NYCRR 444, as it now exists or may hereafter be amended.
[Amended 6-20-2009 by L.L. No. 3-2009]
A.
The fees payable to the City in advance for reproducing plans shall
be as follows:
(1)
Any plan that is 8 1/2 inches by 11 inches in size shall cost
$1 per page.
(2)
Any plan that is 11 inches by 17 inches in size shall cost $0.50
per page.
[Amended 5-14-2019 by L.L. No. 5-2019]
(3)
Any plan that is greater than 11 inches by 17 inches in size and
up to two feet by two feet in size shall cost $3 per page.
(4)
Any plan that is greater than two feet by two feet in size and up
to three feet by two feet in size shall cost $6 per page.
[Amended 5-14-2019 by L.L. No. 5-2019]
(5)
Any plan greater than three feet by two feet in size and up to three
feet by three feet in size shall cost $8 per page.
[Amended 5-14-2019 by L.L. No. 5-2019]
(6)
Any plan greater than three feet by three feet in size and up to
four feet by four feet in size shall cost $10 per page.
[Amended 5-14-2019 by L.L. No. 5-2019]
B.
The total fee for reproducing sheets of varying sizes for the same
permit number shall be based on the fee for the largest sheet, times
the number of sheets in each category.
A.
Any decision or action by any employee of the Department may be appealed
to the Commissioner pursuant to the regulations of the Department.
[Amended 7-18-1996 by L.L. No. 5-1996]
B.
Any decision or action of the Commissioner governed by the New York
Uniform Code may be appealed to the Board of Review pursuant to 19
NYCRR 440 and 450 et seq. and other applicable rules and regulations.
Such appeal shall be filed within the time period authorized for compliance
with the decision or action of the Commissioner or, if no time period
for compliance is authorized, then within 10 days of the decision
or action of the Commissioner.
[Amended 7-18-1996 by L.L. No. 5-1996]
C.
Any decision or action of the Commissioner not governed by the New
York Uniform Code may be appealed to the Board of Appeals by filing
a written notice of appeal with the Department. Such notice of appeal
shall be filed within the time period authorized for compliance with
the decision or action of the Commissioner or, if no time period for
compliance is authorized, then within 10 days of the decision or action
of the Commissioenr. The Board of Appeals may affirm, reverse or modify
the decision or action of the Commissioner. The Board of Appeals may
conduct a hearing and receive additional evidence. The decision of
the Board of Appeals shall be in writing and is final.
[Amended 7-18-1996 by L.L. No. 5-1996]
