Any owner or agent and any person or corporation who violates
any of the provisions of this chapter or other local laws or fails
to comply therewith or with any of the requirements thereof, or who
erects, structurally alters, enlarges or rebuilds or changes the use
of any building or buildings or any structure; or who puts into use
any lot or land in violation of any statement or plan submitted and
approved hereunder; or who refuses to allow a reasonable opportunity
for any premises to be inspected, shall be subject to the following:
A. A violation of this chapter shall constitute a Class II offense. Nothing herein shall preclude the imposition of more severe penalties when such penalties are imposed pursuant to Chapter
55 (Fire and Building Code), Chapter
56 (Building and Electrical Code), Chapter
57 (Plumbing and Drainage Code), Chapter
58 (Housing and Building Maintenance Code) or Chapter
59 (Fire Code).
B. The owner of any building or structure, lot or land or part thereof
which by virtue of its location or existence is in violation of this
chapter, and any architect, builder, contractor, engineer, agent,
person or corporation employed in connection therewith and who may
have assisted in the commission of any violation, shall be guilty
of a separate violation for a first violation and a separate misdemeanor
for a subsequent violation of the same code section by the same person
or corporation pertaining to the same premises and, upon conviction
thereof, shall be liable to the same fine or imprisonment, or both,
hereinbefore specified.
C. In addition to the foregoing remedies, the City of Yonkers, by its
Corporation Counsel, may maintain an action for an injunction to restrain,
correct or abate any violation of this chapter.
In case any land is used or structure is erected, constructed,
altered or maintained in violation of this chapter, any regulation
made pursuant thereto or any detailed statement or plan submitted
and approved thereunder, in addition to other lawful remedies any
appropriate action or proceedings may be instituted to prevent such
unlawful use, erection, construction, alteration or maintenance, to
restrain, correct or abate such violation, to prevent the occupancy
of such structure or land or to prevent any illegal act, conduct,
business or use in or about such premises. Whenever the Commissioner
of the Department of Housing and Buildings has reasonable grounds
to believe that work on any structure is being prosecuted in violation
of the provisions of this chapter, or not in conformity with any regulation
made pursuant thereto or not in compliance with any detailed statement
or plan submitted and approved thereunder, or in an unsafe and dangerous
manner, he may issue a stop-work order.
Whenever any application is made for a variance, special use
permit or site plan approval, the Commissioner of the Department of
Housing and Buildings or the Planning Director, as appropriate, shall
cause an inspection to be made of the property and any improvements
thereon for which the application is made. Such inspection shall be
made for the purpose of determining what violations, if any, of the
Building Code and the Zoning Ordinance of the City of Yonkers exist
with respect to such property or improvements at the time such application
is made. Prior to any such application being considered by the Board
of Appeals, the Planning Board, the Commissioner of the Department
of Housing and Buildings or the Planning Director, as appropriate,
shall submit to such Board the results of such inspection. In granting
any application for a variance, special use permit or site plan approval,
such application may be conditioned upon the removal or correction
of any existing violations on or against the property and improvements
which are the subject of the application.
[Amended 7-15-2019 by Ord. No. 6-2019]
A. In addition to the notice requirements as provided for in this chapter or as otherwise required by rule, ordinance, resolution or local law, and for all meetings and formal public hearings, any applicant for an amendment to the Zoning Ordinance or Map, a variance, a special use permit, a site plan application, preliminary or final subdivision approval (pursuant to Chapter
46 of the City Code) or for any action for which a City Council or a Zoning Board of Appeals or a Planning Board meeting is required shall post one sign per 300 linear feet of frontage on each street upon which the property fronts. Each sign shall face the street and shall be located no more than 10 feet from the front property line. Said signs shall be clearly visible from the street and shall not be hidden or obscured in any manner by any physical obstruction.
B. Said signs shall indicate the time and place of the public meeting
on the application, shall be erected by the applicant not less than
10 days prior to the date of the meeting and shall be removed by the
applicant and returned to the Commissioner of the Department of Housing
and Buildings or appropriate office within 10 days following the date
of the public meeting or any adjournment thereof.
C. The applicant shall deposit with the Commissioner of the Department
of Housing and Buildings or Planning Director a certified check in
the amount of $250 per sign, payable to the order of the City of Yonkers,
as security for the return of such signs to the Commissioner or Director
as herein provided. If said signs are not so returned, within 10 days
of the close of the hearing the security deposit shall be forfeited
by the applicant, and the Comptroller shall credit the same to the
general fund.
In addition to all other notice requirements of this chapter
or as otherwise required by rule, ordinance, resolution or local law,
whenever the Zoning Board of Appeals shall grant a variance or the
Planning Board shall grant a special use permit which includes the
imposition of conditions, said Board in granting such a variance or
special use permit shall include as a condition that written notice
of all other conditions shall be served by the applicant, by registered
or certified mail, on all the known property owners within a radius
of 200 feet of the property boundaries of the parcels for which application
has been made. Said notice shall be sent within 10 days of the effective
date of the grant of the variance or the special use permit approval.