A.
No building erected subject to the New York Uniform Code or the Yonkers
Fire and Building Code shall be occupied or used, in whole or in part,
for any purpose whatever until a certificate of occupancy is issued
by the Department in accordance with its class and kind under the
provisions of the New York Uniform Code and the Yonkers Fire and Building
Code.
[Amended 7-18-1996 by L.L. No. 5-1996]
B.
Each certificate of occupancy shall state the purpose for which the
building may be used in its several parts, the maximum permissible
live loads on the several floors, the number of persons that may be
accommodated in the several stories in case such number is limited
by any provision of the New York Uniform Code, this chapter, other
ordinances or laws of the City of Yonkers or the approved specifications
and special stipulations of the building permit, if any.
A.
Certificates of occupancy shall be issued within 10 days after written
application therefor if such building at the date of such application
shall be entitled thereto.
B.
If the application for a certificate of occupancy is filed by any
person other than the owner, then the applicant shall submit to the
Department, in addition to the application, a statement, in writing,
giving the name and address of the owner of the property for which
the application is filed and reciting that the applicant is authorized
to apply for the certificate of occupancy. The statement shall be
signed by the owner under oath and notarized.
[Amended 7-18-1996 by L.L. No. 5-1996]
C.
A certificate of occupancy shall be issued by the Department if, after final inspection, it is found that the proposed work has been completed in accordance with the New York Uniform Code, the Yonkers Fire and Building Code and all other applicable laws, statutes, ordinances, rules and regulations and also in accordance with the approved building permit. Before a certificate of occupancy is issued, the relevant provisions of Chapter 43, Zoning, of the Code of the City of Yonkers shall be complied with.
[Amended 7-18-1996 by L.L. No. 5-1996]
D.
If it is found the work does not meet the requirements of Subsection C of this section, then the Department shall not issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with all applicable requirements.
[Amended 7-18-1996 by L.L. No. 5-1996]
E.
A record of all certificates of occupancy shall be kept in the Department.
[Amended 7-18-1996 by L.L. No. 5-1996]
[Amended 6-11-1991 by L.L. No. 5-1991; 7-18-1996 by L.L. No.
6-1996; 5-10-2005 by L.L. No. 3-2005; 6-26-2012 by L.L. No.
11-2012; 5-14-2019 by L.L. No. 5-2019]
A.
Nonresidential, commercial, and industrial properties. The prescribed
fee for each certificate of occupancy/certificate of completion or
each partial certificate of occupancy/certificate of completion for
new construction, or alteration of nonresidential, commercial or industrial
uses shall be $250 for each floor, including basement, cellar and
mezzanine plus $250 per each individual tenant space or use.
B.
Multifamily residential properties. The prescribed fee for each certificate
of occupancy/certificate of completion or partial certificate of occupancy/certificate
of completion for new construction or alteration of multifamily residential
construction shall be $250 per floor including basement, cellar and
mezzanine plus $100 for each dwelling unit.
C.
The certificate of occupancy for new construction or alteration of
one- and two-family dwellings shall be $150.
D.
For existing nonresidential commercial construction, the certificate
of occupancy/certificate of completion shall be $175 for each tenant
space or use.
E.
A copy of the existing certificate of occupancy shall be $10.
F.
The prescribed fee for the temporary certificate of occupancy shall
be the same certificate of occupancy fee specified in this section
for a period not to exceed 180 days. The extension of a temporary
certificate of occupancy beyond 180 days from the original date of
issuance shall be the same certificate of occupancy fee specified
in this section for each additional thirty-day period.
G.
The prescribed fee for a certificate of occupancy for existing one-
and two-family dwellings shall be $125.
H.
The prescribed fee for a certificate of occupancy for existing dwellings
of three families or more shall be $250 for the first two families
and $125 for each additional family.
I.
The prescribed fee for new construction of hotels or motels shall
be $250 per floor plus $300 per room and for alteration of existing
construction of hotels or motels shall be $250 per floor plus $200
per room.
[Amended 7-18-1996 by L.L. No. 5-1996]
No building hereafter enlarged, extended or altered which was
vacant during the progress of the work shall be occupied or used,
in whole or in part, for any purpose whatever until a certificate
of occupancy has been issued by the Department in accordance with
its class and kind under the provisions of the New York Uniform Code
and this chapter applying to such work; and when the occupancy or
use of a building has continued during the work, the occupancy or
use of the building shall not continue for more than 30 days after
completion of the work unless such certificate has been issued.
[Amended 7-18-1996 by L.L. No. 5-1996]
Nothing in this article shall prevent the continuance of the
present occupancy and use of any now existing building, except as
necessary for the safety of life or property. Upon written request
from the owner, the Department shall issue a certificate of occupancy
for any now existing building certifying after verification by inspection
the occupancy or use of such building, provided that at the time of
issuing such certificate the building is in compliance with zoning
requirements, the New York Uniform Code and the Yonkers Fire and Building
Code.
[Amended 7-18-1996 by L.L. No. 5-1996]
No change of occupancy or use shall be made in any building
or part thereof hereafter erected or altered that is not consistent
with the last issued certificate of occupancy for such building. In
the case of any now existing building, no change of occupancy shall
be made unless a certificate is issued by the Department to the effect
that such building conforms to applicable zoning requirements and
to the provisions of the Yonkers Fire and Building Code and the New
York Uniform Code with respect to the proposed new occupancy and use.
[Amended 7-18-1996 by L.L. No. 5-1996; 5-10-2005 by L.L. No.
3-2005]
A.
Upon request of the owner or his authorized representative, the Department
may issue a temporary certificate of occupancy or partial certificate
of occupancy for part of a building, provided that such temporary
occupancy or partial occupancy use would not in any way jeopardize
life or property.
B.
The Commissioner shall be empowered to require submission by any
applicant for a partial or temporary certificate of occupancy of adequate
and sufficient guaranty and security in a form satisfactory to the
Corporation Counsel and Commissioner to ensure proper completion of
the structure or other improvements to be covered by said certificate.
C.
A temporary certificate of occupancy shall remain effective for a
period not exceeding six months from its date of issuance. For good
cause shown, the Department may allow extensions for periods not exceeding
six months each.
[Amended 5-10-2005 by L.L. No. 3-2005]
Before a certificate of occupancy is issued for any new building
or structure, the owner shall submit a certified survey of the property
showing the location of the building or structure, the elevation of
floors, the elevation of the mid-point of the roof, the driveway grade,
the location of all retaining walls, the location of all utilities,
including but not limited to water, sewer, storm, electricity, gas
and telephone, and the location and dimensions of all open space."
[Amended 7-18-1996 by L.L. No. 5-1996; 5-10-2005 by L.L. No.
3-2005]
A.
Applications to the Commissioner for a certificate of occupancy for
a structure, the plans for which were accompanied by an affidavit
as required by this chapter, may be accompanied by an affidavit of
the licensed architect or licensed professional engineer who filed
the original plans or of the licensed architect or licensed professional
engineer who supervised the construction of the work.
B.
In case the application for the certificate of occupancy is not accompanied
by the affidavit of the licensed architect or licensed professional
engineer who filed the original plans or who supervised the construction
work, it shall be accompanied by the affidavit of a superintendent
of construction who supervised the construction work and who has had
at least 10 years' experience in supervising building construction
work.
C.
The affidavit of a licensed architect, licensed professional engineer
or superintendent of construction who supervised the construction
shall state that the deponent has examined the approved plans of the
structure for which a certificate of occupancy is sought and that
to the best of his knowledge and belief the structure has been erected
in accordance with the laws governing building construction, except
insofar as variations therefrom have been legally authorized. Such
variations shall be specified in the affidavit.
D.
The affidavit of a licensed architect, licensed professional engineer
or superintendent of construction who supervised the construction
shall state the true cost of the construction of the work as filed
for in the permit application, along with any amendments, prior to
the issuance of the temporary or final certificate of occupancy.
