[Ord. of 7-1-1963, Art. I, § 1]
This Article shall be known and cited as "the Building Code
applicable to the city."
[Ord. of 7-1-1963, Art. IV, § 1; Ord. of 12-19-1983, § 1]
No officer, agent or employee of the city shall render himself
personally liable for any damage that may accrue to persons or property
as a result of any act required or permitted in the discharge of his
duties under this Article or any other provision of this Code. Any
suit brought against any officer, agent or employee of the city as
a result of any act required or permitted in the discharge of his
duties under this Article or any other provision of this Code shall
be defended by the corporation counsel of the city pursuant to Section
18 of the Public Officers Law of the State of New York.
[Ord. of 12-19-1983, § 2]
There is hereby adopted by the City of Poughkeepsie, for the
purpose of establishing rules, regulations, standards and procedures
for the topics contained therein, the New York State Uniform Fire
Prevention and Building Code, hereinafter referred to as the "Uniform
Code." The provisions thereof, as hereinafter deleted, modified or
amended, are hereby adopted and incorporated by reference as if fully
set forth at length herein, and the same shall be and is hereby declared
to be supplemental to and part of the Code of Ordinances of the City
of Poughkeepsie.
[Ord. of 10-2-1939, Art. IV, § 400]
The restrictions of the Zoning Ordinance[1] with respect to the location of trades and industries,
the use and occupancy of buildings, the height and bulk of buildings
and the areas of yards, courts and other open spaces shall not be
deemed to be modified by any provisions of this Chapter, and such
restrictions shall be controlling except insofar as this Chapter imposes
greater restrictions by reason of the type of construction used, in
which case the provisions of this Chapter shall control.
[Ord. of 10-2-1939, Art. IV, § 401(1), (5); Ord. of 7-82, § 1]
(a)
Establishment. The fire limits of the city are hereby
established as follows:
|
Beginning at the intersection of New Washington Street and the
eastbound section of the East-West Arterial Highway, thence northerly
along the center line of New Washington Street to a point north of
the intersection of Mill Street to Clinton Square, taking in the back
building line of all buildings fronting on this square; thence easterly
along the center line of the Fallkill Creek to the east side of North
Cherry Street; thence southerly along the back building line on the
east side of North Cherry Street to Main Street; thence easterly along
the back building line on the north side of Main Street to the intersection
of Main and Church Streets; thence southerly and then westerly along
the back building line of the south side of Main Street to the east
side of South Clinton Street; thence southerly along the back building
line on South Clinton Street to Reservoir Square; thence westerly
along the back building line of Cannon Street to the east side of
Academy Street; thence southerly along the back building line along
the east side of Academy Street to the south side of Church Street;
thence westerly along the back building line on the south side of
Church Street to the east side of Market Street; thence southerly
along the back building line on the east side of Market Street to
the intersection of Montgomery Street; thence westerly along Montgomery
Street to the west side of Market Street and then northerly along
the back building line on the west side of Market Street to Church
Street; thence westerly along the center line of Church Street (the
eastbound lane of the East-West Arterial) to the point or place of
beginning. All corner lots of all street intersections partly within
these fire limits shall be considered as within these limits.
|
(b)
Location of structure. A building or structure shall
be deemed to be within the fire limits if more than 1/3 of the area
of such building or structure is located therein.
[Ord. of 10-2-1939, Art. IV, § 401 (2) through (4), (6)]
(b)
Alterations.
(1)
Height. Within the fire limits, no building or structure
of frame construction or of unprotected metal construction shall be
hereafter increased in height.
(2)
Extension. Within the fire limits, no building or
structure of frame construction or of unprotected metal construction
shall be hereafter extended on any side, unless the construction of
such extension conforms to the requirements for new construction,
and provided that the area of the building as extended shall not exceed
the allowable area for frame construction. Within the fire limits,
no other building or structure shall be hereafter extended on any
side by frame construction or unprotected metal construction.
(3)
Other alterations. Nothing in this section shall
prohibit other alterations within the fire limits, provided that there
is no change of occupancy to a class otherwise prohibited.
(c)
Moving buildings. No building of frame construction
or unprotected metal construction shall hereafter be moved from without
to within the fire limits.
(d)
Exceptions. Nothing in this section shall prohibit
within the fire limits and subject to the specified limitations, the
erection of new buildings or structures, nor the extension or enlargement
of existing buildings or structures of frame construction or unprotected
metal construction as follows:
(1)
Garages, stables. A building of frame construction
or of unprotected metal construction occupied exclusively as a private
garage or stable, not more than one story in height nor more than
750 square feet in area, located on the same lot with a dwelling.
(2)
Outhouses. Outhouses not more than eight feet in
height nor more than 100 square feet in area, provided that the roofs
are covered with incombustible or fire-retardant material.
(3)
Greenhouses. Greenhouses not more than 15 feet in
height erected on the same lot with and accessory to a dwelling or
a store.
(4)
Sheds. Sheds open on the long side, not more than
15 feet in height nor more than 500 square feet in area, with roofs
covered with incombustible or fire-retardant material.
(5)
Builders' shanties. Builders' shanties not more
than one story in height, for use only in connection with a duly authorized
building operation and located on the same lot with such building
operation, on a lot immediately adjoining, on an upper floor of the
building under construction or on a sidewalk shed.
(6)
Piazzas, balconies. Piazzas or balconies on dwellings
not exceeding 10 feet in width nor extending more than three feet
above the second story floor beams, provided that no such structure
shall extend to a lot line or be joined to a similar structure of
another building.
(7)
Coal tipples, etc. Coal tipples, ice houses, material
bins, trestles and water tanks when built of planking and timbers
of the dimensions specified for heavy timber construction.
(8)
Fences. Fences not exceeding 10 feet in height.
(9)
Signs. Display signs as elsewhere provided in this
chapter.
[Ord. of 10-2-1939, Art. VIII, § 801; Ord. of 12-19-1983, § 4]
In the case of any excavation, the person causing such excavations
to be made shall provide for the support of neighboring buildings
and structures in accord with the Uniform Code.
[Ord. of 12-19-1983, § 5; as amended by Ord. of 7-8-2002, § 1;
Ord. No. O-17-5, 6-19-2017, § 1]
Any person violating any of the provisions of this Building Code or of the Uniform Code adopted in Section 6-3 shall be liable to a penalty not exceeding $1,000 and, for a continuation of such violation, to an additional penalty not exceeding $10 per day.
[Ord. of 1-16-1978, § 1]
In addition to the penalties provided in Section 6-11 of this chapter and Section 1-8 of this Code of Ordinances, a civil penalty may be assessed against violators of this chapter according to the procedures prescribed in Sections 12-23 through 12-23.2 of the Code of Ordinances of the City of Poughkeepsie, New York, with the exception that the fine assessed pursuant thereto shall, in the case of violations under this chapter, be the sum of $10 for each separate violation.
[Ord. of 5-6-1980, § 2; Ord. of 12-19-1983, § 6]
Any person affected by any notice of violation and order to abate issued in connection with the enforcement of any provisions of this chapter or by the denial of a building permit shall be entitled to an appeal from such notice and order or denial pursuant to the provisions of Article 18 of the Executive Law of the State of New York and the regulations enacted pursuant to the same. Any person affected by any stop-work order issued in connection with the enforcement of any provisions of this chapter may request and shall be granted a hearing before the Building Inspector in accordance with the procedures set forth in Section 12-50 et seq. of this Code.
[1]
Editor's Note: An ordinance adopted 5-6-1980, § 2, amended the Code by adding a provision relating to appeals designated as a new § 6-79 in a new Art. IV to Ch. 6. Inasmuch as the Code already contains a § 6-79, and in order to keep related material together in the chapter, this provision was instead codified as a new § 6-13.
[Ord. of 8-7-1995, § 1; Ord. of 4-4-2005, § 1.]
(a)
Legislative purpose. It is recognized by the Common
Council of the City of Poughkeepsie that a rare majority of commercial
and residential properties are owned by landlords who do not reside
in the City of Poughkeepsie or, in many cases, the County of Dutchess.
It has been the experience of the Building Department, Fire Department,
Police Department, Department of Public Works and other City departments
that when these Departments need to contact the absentee owner, they
encounter difficulties in obtaining the property residence address
and telephone number at which to reach these owners, causing delay
and/or the inability of these City Departments to contact the owners.
The Common Council recognizes the need for City departments, particularly
in emergency situations, to be able to quickly contact the owner and/or
manager of a property located within the City. The Council further
recognizes that a growing number of properties with absentee landlords
are being managed by property managers and property management companies.
These managers are responsible for the daily operation of these buildings
within the City of Poughkeepsie, act as agents for the absentee owners,
are more available and accessible than the owners and thus are the
more appropriate individuals for the City to contact concerning a
building in the City. In order to facilitate contact with the property
managers and property management companies by the City departments,
this section is being enacted to require nonowner occupied property
owners to provide the name, address and twenty-four-hour telephone
number of property managers and property management companies that
manage property within the City of Poughkeepsie to register information
concerning those properties managed so as to provide the City and
its various departments with accessible accurate information concerning
the property and the person or persons to contact should there be
a problem or emergency at the property.
(b)
On or before July 1 of each year, every property owner, where applicable,
or property manager who manages property in the City of Poughkeepsie,
shall file with the Building Department, in duplicate, on a form to
be provided by the Building Department, a statement showing the following:
1.
The complete name, address, telephone number and, twenty-four-hour
emergency telephone number(s) if different, of the responsible property
manager or employee(s) of the property manager; and
2.
The name, address, phone number and relationship to the property
of the person completing the form, if other than the owner; the registration
must be approved by the owner in writing;
3.
Whether the building is vacant or occupied.
(c)
It shall further be the responsibility of the property owner or property
manager, if approved by the owner in writing, to:
(d)
Said statement shall be kept on file in the Building Department,
a copy shall be provided to the Police Department, police dispatchers,
fire alarm dispatchers, Law Department, Department of Public Works
and shall be available on file for other City departments' access
and review as needed.
(e)
"Property manager" is defined as any person, firm, corporation or
other entity, that is responsible for the day-to-day management of
the property as evidence by such factors including, but not limited
to, responsibility for renting units, maintenance of rental property
and collection of rent.
[Ord. of 7-1-1963, Art. II, § 1; Ord. of 12-19-1983, § 8; Ord. of 7-8-2002, § 1]
This division applies to the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code for
new construction of buildings and structures and the addition, alterations
and conversions to existing buildings and structures. Existing buildings
and structures shall be maintained in conformance with those provisions
of the New York State Uniform Fire Prevention and Building Code commonly
referred to as the "Fire Code of New York State" and the "Property
Maintenance Code of New York State."
[Ord. of 7-1-1963, Art. II, § 2]
No provision of this article shall be construed to require any
change in, alteration of or addition to a legally existing building
or structure or the premises connected therewith unless especially
stated to so apply.
[Ord. of 7-1-1963, Art. II, § 3; Ord. of 5-6-1974, § 1]
To be eligible for appointment, the Building Inspector must
be a licensed architect or civil engineer or shall have been in charge
of major building construction operations for at least six years.
He shall be generally informed on the quality and strength of building
materials, on the prevailing methods of building construction, on
good practice in fire prevention, on the accepted requirements for
safe exit facilities and on the proper installation of plumbing, electric
wiring, elevators and other installations for the safety, comfort
and convenience of occupants. He shall be in good health and physically
capable of making the necessary examinations and inspections of buildings
in course of construction. He shall not have any interest whatever,
directly or indirectly, in the sale or manufacture of any material,
process or device entering into or used in or in connection with building
construction.
[1]
Editor's Note: See also Administrative Code Art. V.
[Ord. of 7-1-1963, Art. II, § 4; Ord. of 3-20-1979; Ord. of 3-16-1982, § 1;
Ord. of 12-19-1983, § 9, 10; Ord. of 4-3-1989, § 2; Ord. of 1-16-1997, § 1; Ord. of 2-7-2005, § 1]
(a)
Administration, enforcement. The Building Inspector
shall administer and enforce all of the provisions of the laws, ordinances
and regulations applicable to the construction, alteration, repair,
removal and demolition of buildings and structures and the installation
and use of materials and equipment therein and location or relocation,
use, occupancy and maintenance thereof. He shall possess all powers
conferred upon him by federal statutes or regulations, state laws
or regulations or local laws or ordinances or such powers as may be
conferred upon the chief officer of safety inspection. He shall have
the power to recommend for appointment by the City Administrator,
such Deputy Building Inspectors as he may deem necessary for the proper
administration and enforcement of the Code of Ordinances. Such Deputy
Building Inspectors shall have such powers of the Building Inspector
as he shall delegate to them in writing.
(b)
Permits, inspections.
(1)
He shall receive applications and cause the issuance of permits for
the erection, alteration, removal and demolition of buildings or structures
or parts thereof and shall cause the inspection of the premises for
which such applications have been received or such permits have been
issued for the purpose of ensuring compliance with laws, ordinances
and regulations governing building construction.
(2)
He shall not issue any permit for the erection, alteration, removal
and demolition of buildings or structures or parts thereof for property
which is being purchased or otherwise acquired by the applicant from
the Poughkeepsie Urban Renewal Agency, unless and until he has received
a written statement from the Chairman or Executive Director of the
Poughkeepsie Urban Renewal Agency certifying that the application
before him is in compliance with all urban renewal procedures, plans
and requirements.[1]
(c)
Notices, orders. He shall issue all appropriate
notices or orders to remove illegal or unsafe conditions, to require
the necessary safeguards during construction and to ensure compliance
during the entire course of construction with the requirements of
such laws, ordinances or regulations. He shall make all inspections
which are necessary or proper for the carrying out of his duties.
(d)
Tests. Whenever the same may be necessary or appropriate
to assure compliance with the provisions of applicable laws, ordinances
or regulations covering building construction, he may require the
performance of tests by experienced, professional persons or by accredited
and authoritative testing laboratories or service bureaus or agencies
with the cost of such tests to be borne by the owner, lessee or their
agents.
(e)
Electrical inspections. The Building Inspector shall,
during and within a reasonable time after completion of the installation
of an electric wiring system, request inspections to be made by an
inspector certified by the City Fire Chief to conduct inspections
of electrical work and systems, pursuant to the requirements of the
National Electrical Code known as the "National Fire Protection Association
Pamphlet No. 70" to assure compliance with the provisions of the Electrical
Code of the City and the Uniform Code.
(1)
No work in connection with an electrical wiring system shall be covered
or concealed until it has been inspected as prescribed in this subsection.
(2)
The Building Inspector shall request a reinspection to be made by
the inspector whenever (s)he deems it necessary in the interest of
public safety.
(3)
If an electric wiring system upon inspection or reinspection is found
to be defective and unsafe by the inspector and/or the Building Inspector,
(s)he shall revoke all certificates in effect at that time, relating
to such system, and the use of such system shall be discontinued until
it has been made to conform to the provisions of this article and
a new certificate has been issued.
(4)
Certificate of compliance relating to electric wiring shall be issued
pursuant to the provisions of the Electrical Code of said City.
(f)
Hiring an outside consultant. When a property owner
or applicant for a building permit for a major construction project
requests that the Building Inspector obtain the services of an outside
consultant to review the building permit application and accompanying
plans so as to assist the Building Inspector in a prompt and efficient
review of such application and plans and agrees to reimburse the City
for the actual expense of retaining such outside consultant, the Building
Inspector may, in his/her discretion, obtain the services of an outside
consultant, such as a professional engineer or architect, to assist
and facilitate the Building Inspector in his/her review of the building
permit application and plans so that the Building Inspector can make
a prompt determination as to whether a building permit shall be issued.
[Ord. of 7-1-1963, Art. II, § 5; Ord. of 12-19-1983, § 11]
The Building Inspector shall keep permanent official records
of all transactions and activities conducted by him, including all
applications received, permits and certificates issued, fees charged
and collected, inspection reports and notices and orders issued. All
such records shall be public records open to public inspections during
business hours.
[Ord. of 7-1-1963, Art. II, § 6]
(a)
The Building Inspector may request and shall receive, so far as may
be necessary in the discharge of his duties, the assistance of the
Police, Fire and Duchess County Health Department or officers, the
corporation counsel and all other municipal officials.
(b)
In the case of gas- or oil-fired heat-producing appliances and of the storage of flammable liquids, the Chief of the Fire Department or his duly authorized representative shall make inspections and shall issue the necessary certificates of approval. Application for permit shall be made at the office of the Building Inspector as provided in Section 6-23 and a fee shall be charged as provided in Section 6-26.
[Ord. of 7-1-1963, Art. II, § 7; Ord. of 10-17-1977, § 1; Ord. of 12-19-1983, § 12;
Ord. of 4-6-1987, § 1, 2; Ord. of 5-20-1991, § 1; Ord. of 9-7-1993, § 1; Ord. of 6-6-1994, § 1]
(a)
Permit required. No person shall commence the erection,
construction, enlargement, alteration, removal, improvement, demolition,
conversion or change in the nature of occupancy of any building or
structure or cause the same to be done without first obtaining a separate
building permit from the Building Inspector for each such building
or structure; except that no building permit shall be required for
the performance of ordinary repairs which are not structural in nature
as determined by the Building Inspector.
(b)
Contents of application. Application for a building
permit shall be made to the Building Inspector on forms provided by
him and shall contain the following information:
(1)
A description, as may be required by the Building Inspector, of the
land on which the proposed work is to be done.
(2)
A statement of the use or occupancy of all parts of the land and
of the building or structure.
(3)
The valuation of the proposed work as approved by the Building Inspector.
(4)
The full name and address of the owner and of the applicant and the
names and addresses of their responsible officers, if any of them
are corporations, and the name and address of the person, firm or
corporation who is to do the work.
(5)
A brief description of the nature of the proposed work.
(6)
A reasonable number of sets of plans and specifications as set forth
in Subsection (c).
(7)
A written report of a professional engineer concerning the structural
components or other elements of the plans, if deemed necessary by
the Building Inspector as set forth in Subsection (c). This Subsection
(b)(7) shall be utilized only upon a determination by the Building
Inspector that the proposed work raises issues of safety or structural
sufficiency or technical issues of code compliance and that the technical
issues of code compliance and that the proper solution of such issue
or issues will be facilitated by a written report as herein set forth.
(8)
Such other information as may reasonably be required by the Building
Inspector to establish compliance of the proposed work with the requirements
of the applicable building laws, ordinances and regulations.
Applications shall be made by the owner or lessee, or agent
of either, or by the architect or engineer of building employed in
connection with the proposed work. Where such application is made
by a person other than the owner, it shall be accompanied by an affidavit
of the owner or applicant that the proposed work is authorized by
the owner and that the applicant is authorized to make such application.
(c)
Data required.
(1)
Each application for a building permit shall be accompanied by a
reasonable number of copies of plans and specifications, including
a plot plan where required by the Building Inspector, drawn to scale,
showing the location and size of all proposed new construction and
all existing structures of the site, the nature and character of the
work to be performed and the materials to be incorporated, distance
from lot lines, the relationship of structures on adjoining property,
widths and grades of adjoining streets, walls and alleys and, where
required by the Building Inspector, details of structural, mechanical
and electrical work including computations, stress diagrams and other
essential technical data.
(2)
Plans and specifications shall bear the signature of the person responsible
for the design and drawings.
(3)
The Building Inspector may waive the requirements for filing plans.
(4)
When the Building Inspector deems it necessary to have the structural
components and other elements of proposed plans reviewed by a professional
engineer, the owner shall have the plans reviewed by a professional
engineer, other than the architect or engineer who designed the structure,
and shall submit a written report of the professional engineer to
the Building Inspector as part of the application for a building permit.
Such report shall be addressed to the City of Poughkeepsie and shall
contain a certification by the engineer that the report is prepared
in a manner consistent with applicable professional standards of engineering.
The report shall further contain a recitation that it may be relied
upon by the City of Poughkeepsie and its officers, employees an agents.
Such report shall contain such information in such detail as may be
required by the Building Inspector to enable the Building Inspector
to properly carry out his functions under law. All costs for the review
and report by the professional engineer shall be paid by the owner;
provided, however, that this provision shall not be applicable to
buildings and/or structures used only for residential purposes and
containing not more than three floors.
(d)
Demolition permits.
(1)
An application to demolish a building or other structure shall, in
addition to the requirements set forth in Subsection (b) above, be
accompanied by a tax search showing that all current taxes and water
rents and tax and assessment liens have been paid. Before any permits
for demolition shall be granted, the applicant shall produce good
and satisfactory proof to the Building Inspector that he has obtained
public liability and owner's and contractor's protective insurance
in an amount not less than $100,000 for injuries, including wrongful
death, to any one person and subject to the same limit for each person
and an amount not less than $300,000 on account of one accident and
property damage insurance in an amount not less than $25,000 for each
accident and for an aggregate limit of not less than $50,000. This
insurance shall be written with an acceptable company authorized to
do business in the State of New York, shall be taken out before any
of the operations of the contractor are commenced and shall be kept
in effect until all operations shall be satisfactorily completed.
Copies of the originals, as the case may be, of such policies, shall
be furnished to the city, and such policies shall be approved by the
city before operations are commenced.
(2)
Before a demolition permit shall be granted, the applicant shall
give assurances to the Building Inspector that the building or other
structure has been inspected and is free from insect, vermin or rodent
infestation, harborage or breeding areas. If such infestation or harborage
is found to exist, the applicant shall have the infestation or harborage
eliminated before such building or other structure is demolished or
guaranty that such infestation or harborage will be eliminated before
such building or other structure is demolished.
(3)
For buildings, except ones where the construction was begun on or
after January 1, 1974, and except for agricultural buildings as defined
in New York State Labor Law and except for one- and two-family dwellings,
no demolition permit shall be issued until the applicant provides
to the Building Inspector a copy of an asbestos survey conducted by
a licensed asbestos contractor and proof of completion of asbestos
remedial work, if necessary, by a licensed asbestos contractor.
(4)
Prior to the demolition permit being issued, the Plumbing Inspector
shall certify to the Building Inspector that the water source is disconnected
from the main, the sewer lateral is properly disconnected from the
building and that the water meter has been removed.
(e)
Permits to move structure.
(1)
An application to move a building or other structure to another location not on the same lot shall fulfill all of the requirements set forth in Subsection (b) above. Upon payment of the fee as set forth in Section 6-26, the Building Inspector shall direct the Superintendent of Public Works and the Police Chief to make or cause to be made a survey of the proposed route over which the building is to be moved. Upon completion of said survey, the Superintendent of Public Works shall report the results thereof to the Building Inspector, together with an estimate of the amount of the probable damage to public or private property and such other information as the Superintendent of Public Works may deem necessary.
(2)
Upon the written approval of the Superintendent of Public Works,
the Building Inspector, at his discretion, may grant the permit for
which the application is made. However, before any permit to move
shall be granted, the applicant shall produce good and satisfactory
proof to the Building Inspector that he has obtained public liability
and owner's and contractor's protective insurance in an amount not
less than $100,000 for injuries, including wrongful death to any one
person, and subject to the same limit for each person and an amount
not less than $300,000 on account of one accident and property damage
insurance in an amount not less than $25,000 for each accident and
for an aggregate limit of not less than $50,000. This insurance shall
be written with an acceptable company authorized to do business in
the State of New York, shall be taken out before any operations of
the contractor are commenced and shall be kept in effect until all
operations shall be satisfactorily completed. Copies of the originals,
as the case may be, of such policies, shall be furnished to the city,
and such policies shall be approved by the city before operations
are commenced.
(3)
The application shall also be accompanied by a tax search as set
forth in Subsection (d) above.
(f)
Amendments. Amendments to the application or to
the plans and specifications accompanying the same may be filed at
any time prior to the completion of the work subject to the approval
of the Building Inspector.
(g)
Submission of permit application. An application
for a building permit or demolition permit shall be submitted to the
Building Department by hand delivery or by mailing the permit application
with all required documents and fees to the City of Poughkeepsie Building
Department. The Building Department shall accept by telefacsimile
transmission building permit applications for electrical work only
where the cost of the work is $500 or less. For purposes of this section,
"telefacsimile transmission" shall mean every process in which electronic
signals are transmitted by telephone lines for conversion into written
text.
[Ord. of 7-1-1963, Art. II, § 8; Ord. of 12-19-1983, § 14]
(a)
Generally. Upon receipt of the legal fees therefor,
the Building Inspector shall review the application, and, if he shall
approve the same, he shall issue a building permit to the applicant
on the form prescribed by him and shall affix his signature or cause
his signature to be affixed thereto.
(b)
Health Department approval required. The Building
Inspector shall not issue a permit for the erection of a building
where a sewer connection is required and where no existing sewer is
available thereto, unless the Health Department grants permission
for the construction of an approved septic tank system.
[Ord. of 7-1-1963, Art. II, § 9; Ord. of 12-19-1983, § 15; Ord. of 11-3-1986, § 1]
(a)
A building permit shall be effective to authorize the commencing
of work in accordance with the application, plans and specifications
on which it is based for a period of six months after the date of
its issuance. In the event that any work authorized under a building
permit is not commenced within six months from the date of its issuance,
such permit shall expire. The Building Inspector may authorize in
writing not more than two three-month extensions upon a showing of
good cause. In the event that work being conducted pursuant to the
building permit ceases for a period of six months, the building permit
shall expire. If any construction, alteration, enlargement or other
work authorized under a building permit has begun, but is not completed
within two years from the date of its issuance, such building permit
shall expire and no further work shall be done thereunder until a
new building permit has been obtained.
(b)
The issuance of a building permit shall constitute authority to the
applicant to proceed with the work in accordance with the approved
plans and specifications and in accordance with the applicable building
laws, ordinances or regulations. All work shall conform to the approved
application plans and specifications.
[Ord. of 7-1-1963, Art. II, § 10; Ord. of 4-19-1976; Ord. of 10-6-1981, § 1;
Ord. of 7-6-1982, § 1; Ord. of 1-21-1992, § 1; Ord. of 6-6-1994, § 2; Ord. 12-4-1997, § 1;
Ord. of 12-20-2004; Ord. of 2-7-2005, § 1; Ord. No. O-08-19, § 1; Ord.
No. O-11-01, 1-3-2011, § 1]
A fee schedule shall be established by resolution of the Common
Council of this City. Such fee schedule may thereafter be amended
from time to time by like resolution. The fees set forth in, or determined
in accordance with, such fee schedule or amended fee schedule shall
be charged and collected for the issuance of all permits and/or certificates
issued by the Department of Development pursuant to the Building Code,
Housing Ordinance, Zoning Ordinance or any other ordinance of the
City of Poughkeepsie requiring the issuance of a permit by the Department
of Development.
[Ord. of 7-1-1963, Art. II, § 11; Ord. of 11-3-1986, § 2]
The Building Inspector may revoke a building permit theretofore
issued and approved in the following instances:
(a)
Where he finds that there has been any false statement or misrepresentation
as to a material fact in the application, plans or specifications
on which the building permit was based.
(b)
Where he finds that the building permit was issued in error and should
not have been issued in accordance with the applicable law.
(c)
Where he finds that the work performed under the permit is not being
prosecuted in accordance with the provisions of the application, plans
or specifications.
(d)
Where the person to whom a building permit has been issued fails
or refuses to comply with a stop order issued by the Building Inspector.
(e)
When the work is suspended or abandoned for a period of six months
or when the walls or structural members are left uncovered or unprotected
so that severe or freezing weather may weaken or damage such walls
or structural members in the opinion of the Building Inspector.
[Ord. of 7-1-1963. Art. II, § 12; Ord. of 11-18-1980, § 1]
Whenever the Building Inspector has reasonable grounds to believe
that work on any building or structure is being prosecuted in violation
of the provisions of the applicable building laws, ordinances or regulations
or not in conformance with the provisions of an application, plans
or specifications on the basis of which a building permit was issued
or in an unsafe and dangerous manner, he shall notify the owner of
the property, or the owner's agent or the person performing the work
to suspend all work and any such persons shall forthwith stop such
work and suspend all building activities until the stop order has
been rescinded. Such order and notice shall be in writing, shall state
the conditions under which the work may be resumed and may be served
upon a person to whom it is directed either by delivering it personally
to him or by posting the same upon a conspicuous portion of the building
under construction and sending a copy of the same by certified mail,
return receipt requested.
[Ord. of 5-6-1980, § 2; Ord. of 12-19-1983, § 16]
Prior to the performing of any interior inspection of private
property pursuant to this chapter, the Inspector shall attempt to
obtain permission for such inspection from the property owner or his
authorized agent or representative. In the event that such agent or
owner neglects or refuses to allow inspection, either upon initial
inspection or reinspection, the Inspector shall request that the Corporation
Counsel make application to a court of competent jurisdiction for
a search warrant. Such application is to be made on notice to the
property owner or his authorized agent or representative. In cases
of public emergency, the notice requirement may be dispensed with
and application made ex parte. The notice requirements shall likewise
apply to any tenants of the premises to be inspected.
[1]
Editor's Note: An ordinance adopted 5-6-1980, § 1, repealed former Section 6-29, which allowed for inspections upon showing of credentials, derived from an ordinance adopted 7-1-1963, Art. II, § 13. Section 2 of another ordinance adopted 5-6-1980, which provided for the addition of a new Art. IV to Ch. 6, has instead been codified herein as a new Section 6-29 for purposes of classification.
[Ord. of 7-1-1963, Art. II, § 14; Ord. of 4-3-1989, § 1; Ord. of 12-4-1997, § 2; Ord. No. O-11-01, 1-3-2011, § 2]
(a)
Erection of buildings. No building hereafter erected
shall be used or occupied in whole or in part until a certificate
of occupancy shall have been issued by the Building Inspector.
(b)
Alteration of buildings. No building hereafter enlarged,
extended or altered or upon which work has been performed which requires
the issuance of a building permit shall continue to be occupied or
used for more than 30 days after the completion of the alteration
of work unless a certificate of occupancy shall have been issued by
the Building Inspector for the work performed under said building
permit.
(c)
Change in use, occupancy. No change shall be made
in the use or type of occupancy of an existing building unless a certificate
of occupancy authorizing such change shall have been issued by the
Building Inspector.
(d)
Application for certificate. The owner or his agent
shall make application for a certificate of occupancy. Accompanying
this application and before the issuance of a certificate of occupancy,
there shall be filed with the Building Inspector an affidavit of the
registered architect or licensed professional engineer who filed the
original plans or of the registered architect or licensed professional
engineer who supervised the construction of the work or of the superintendent
of construction who supervised the work for which the certificate
of occupancy is sought. This affidavit shall state that the deponent
has examined the approved plans of the structure for which a certificate
of occupancy is sought, that the structure has been erected in accordance
with approved plans and that as erected complies with the law governing
building construction except insofar as variations therefrom have
been legally authorized. Such variation shall be specified in the
affidavit.
(e)
Applications for inspections and certificates of occupancy
for existing one-family dwellings.
(1)
The Building Inspector shall not inspect existing one-family dwellings
for which a certificate of occupancy has been previously issued and
for which such previously issued certificate of occupancy remains
in effect solely for the purpose of or in connection with the conveyancing
or financing or refinancing of such existing one-family dwelling,
except upon the written request of the owner; and, further, the Building
Inspector shall similarly not inspect existing one-family dwellings
built prior to 1963 for which a certificate of occupancy was never
issued and on which no physical activity has taken place that would
have required the issuance of a building permit; provided, however,
that the above provisions are not applicable to and are not intended
to limit the duties and powers of the Building Inspector in connection
with construction, enlargement, extension, repair, modification, removal
or demolition of such existing one-family dwellings, and provided
further, however, that such provisions are not intended to limit the
duties and powers of the Building Inspector in connection with the
installation and use of materials in such existing one-family dwellings
nor in connection with the use, occupancy and maintenance of such
one-family dwellings. The above provisions are further not intended
to limit the duties and powers of the Building Inspector in connection
with changes in use or type of occupancy nor are they intended to
limit the duties and powers of the Building Inspector in connection
with the enforcement of the rules, regulations, standards and procedures
set forth in the New York State Uniform Fire Prevention and Building
Construction Code.
(2)
When a Building Inspector receives a request for an inspection and/or
issuance of a certificate of occupancy solely for the purpose of or
in connection with the conveyancing or financing or refinancing of
an existing one-family dwelling as described in Subsection (e)(1)
above, the Building Inspector shall advise, in writing, the party
making the request of the above provision directing that inspections
not be made in the circumstances described above and shall further
advise the party making the request that a certificate of occupancy
has previously been issued and that it remains in effect and shall
enclose a copy of such previously issued certificate of occupancy
or, in the alternative, shall advise that no certificate of occupancy
has been issued but that the premises may be lawfully occupied without
a certificate of occupancy. In such response, the Building Inspector
shall further advise the party making the request whether there are
or there are no existing violations of record in connection with the
premises. If there are existing violations of record, the Building
Inspector shall include a copy of such existing violations of record
with the response. The Building Inspector shall charge a fee for the
provision of a response as herein provided.
(3)
One-family dwellings built prior to 1963 for which a certificate
of occupancy was never issued and for which no physical activity has
taken place since 1963 that would have required the issuance of a
building permit may be lawfully occupied without a certificate of
occupancy; provided, however, that any physical activity taking place
thereon, on and after the adoption of this provision, shall be subject
to the otherwise applicable requirements of law for building permit
and certificate of occupancy.
[Ord. of 7-1-1963, Art. II, § 15; Ord. of 4-19-1976, § 1, 2; Ord. of 10-6-1981, § 2;
Ord. of 5-16-1983, § 1; Ord. of 4-3-1989, § 1, 2; Ord. of 1-21-1992, § 2; Ord. of 12-4-1997, § 3; Ord. No. O-11-01; 1-3-2011, § 3]
(a)
Prior to issuing a certificate of occupancy, the Building Inspector
shall examine or cause to be examined all buildings, structures and
sites for which an application has been filed for a building permit
to construct, enlarge, alter, repair, remove, demolish or change the
use or occupancy. The Building Inspector may conduct such inspections
as he deems appropriate from time to time during and upon completion
of the work for which a building permit has been issued.
(b)
In addition, the Building Inspector shall receive written notification
of final inspections from the Health Department where such inspections
are required by ordinance or by other applicable laws.
(c)
There shall be maintained in the Building Inspector's office a record
of all such examinations and inspections and notifications of inspections
by other departments, together with a record of findings of violations
of the law.
(d)
When a property owner, building permit holder or his/her agent or representative requests that an inspection be conducted to inspect a building, structure or site at which construction, enlargement, alteration, repair, removal, demolition or change in use or occupancy is being done or work has been completed pursuant to the building permit and, upon arrival of the Building Inspector or his/her deputy, the structure or site is not ready to be inspected at the agreed upon time, an administrative fee in an amount set forth pursuant to Section 6-26 above may be assessed against the property owner, permit holder or his/her agent or representative.
[Ord. of 7-1-1963, Art. II, § 16; Ord. of 8-21-1995, § 1,2]
(a)
When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable building laws, ordinances and regulations and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Building Inspector shall issue a certificate of occupancy upon the form provided by him. If it is found that the proposed work has not been properly completed, the Building Inspector shall refuse to issue a certificate of occupancy and shall order the work completed in conformance with the building permit and in conformance with the applicable building regulations. The provisions in this subsection are to be enforced in conjunction with the provisions of Section 19-7.4(3-a) of the Code of Ordinances for the issuance of certificates of occupancy involving two or more residential dwelling units that contain common areas and facilities.
(b)
A certificate of occupancy shall be issued, where warranted, within
30 days after application therefor is made.
(c)
The certificate of occupancy shall certify that the work has been completed and that the proposed use and occupancy is in conformance with the provisions of the applicable building laws, ordinances and regulations and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put. The provisions in this subsection are to be enforced in conjunction with the provisions of Section 19-7.4(3-a) of the Code of Ordinances for the issuance of certificates of occupancy involving two or more residential dwelling units that contain common areas and facilities.
[Ord. of 7-1-1963, Art. II, § 17; Ord. of 11-4-1991; Ord. of 1-21-1992, § 3;
Ord. of 8-21-1995, § 3, Ord. of 12-4-1997, § 4; Ord.
No. O-11-01, 1-3-2011, § 4]
Upon request, the Building Inspector may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the building permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life or the public welfare. Notwithstanding the preceding, the Building Inspector may issue a certificate of occupancy for a building or structure or part thereof before the entire work covered by the building permit shall have been completed, provided that the provisions of Section 19-7.4(3-a) of the Code of Ordinances have been satisfied.
[Ord. of 7-1-1963, Art. II, § 18]
Whenever there are reasonable grounds to believe that any material,
construction, equipment or assembly does not conform to the requirements
of the applicable building laws, ordinances or regulations, the Building
Inspector may require the same to be subjected to tests in order to
furnish proof of such compliance. All such tests shall be made at
the expense of the owner or his agent.
[Ord. of 7-1-1963, Art. II, § 19]
(a)
Designation, abatement of condition. All buildings
or structures which are structurally unsafe, unsanitary or not provided
with adequate egress or which constitute a fire hazard or are otherwise
dangerous to human life or which in relation to existing use or occupancy
constitute a hazard to safety or health by reason of inadequate maintenance,
dilapidation, obsolescence or abandonment are severally, for the purpose
of this section, unsafe buildings. All such unsafe buildings are hereby
declared illegal and shall be abated by repair and rehabilitation
or by demolition, in accordance with the procedure of this section.
(b)
Report, record of examination. The Building Inspector
shall examine or cause to be examined every building reported as unsafe
or damaged as defined in this section and shall make a written record
of such examination.
(c)
Notice to correct conditions. Whenever the Building Inspector shall find any building, structure or portion thereof to be an unsafe building as defined in this section, he shall, in the same manner as provided for the service of stop orders in Section 6-28, give to the owner, agent or person in control of such building or structure written notice stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements or to demolish and remove the building or structure or portion thereof.
(d)
Vacation of premises.
(1)
If the Building Inspector finds that there is actual and immediate
danger of failure or collapse so as to endanger life, such notice
shall also require the building, structure or portion thereof to be
vacated forthwith and not reoccupied until the specified repairs and
improvements are completed and inspected and approved by the Building
Inspector. The Building Inspector shall cause to be posted at each
entrance to such building a notice: THIS BUILDING IS UNSAFE AND ITS
USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING INSPECTOR.
(2)
Such notice shall remain posted until the required repairs are made
or demolition is completed. It shall be unlawful for any person, firm
or corporation or their agents or other servants to remove such notice
without written permission of the Building Inspector or for any person
to enter the building except for the purpose of making the required
repairs or of demolishing the same.
(e)
Proceedings to compel compliance. In case the owner,
agent or person in control cannot be found within the stated time
limit or if such owner, agent or person in control shall fail, neglect
or refuse to comply with notice to repair, rehabilitate or to demolish
and remove said building or structure or portion thereof, the corporation
counsel shall be advised of all the facts in the case and shall institute
an appropriate action in the courts to compel compliance.
(f)
Emergency authority of Building Inspector. In cases
of emergency which, in the opinion of the Building Inspector, involve
imminent danger to human life or health, he shall promptly cause such
building, structure or portion thereof to be made safe or removed.
For this purpose he may at once enter such structure or land on which
it stands or abutting land or structure, with such assistance and
at such cost as may be necessary. He may vacate adjacent structures
and protect the public by appropriate barricades or such other means
as may be necessary and for this purpose may close a public or private
way.
(g)
Collection of costs. Costs incurred under Subsections (e) and (f) shall be paid out of the municipal treasury on certificate of the Building Inspector. Such costs shall be charged against the land on which the building existed, as a municipal lien, or shall be added to the tax roll as an assessment or shall be levied as a special tax against the land upon which the building stands or stood or shall be recovered in a suit at law against the owner.
[Ord. of 8-21-1995, § 1; Ord.
No. O-10-32, 11-15-2010, § 3]
Every person owning or having charge or control of any building
which is vacant shall maintain such building in conformance with Section
6-39(a)(6).
[Ord. of 7-17-1995, § 1; Ord.
No. O-09-05, § 3]
(a)
Upon written notification by the City to property owner of a building
or structure on which graffiti is affixed, the property owner shall
have 48 hours to: (1) remove the graffiti; or (2) request the City
assist in the removal of the graffiti at no expense to the property
owner, said notice having been served personally or as otherwise permitted
by law.
(b)
Failure of the property owner to either remove the graffiti or request
the City's free assistance for such removal may subject the property
owner to a civil penalty in the amount of $200 per offense. Each day
the violation of this section persists shall be considered a separate
offense. Such civil action shall be brought as in City Court.
[L.L. No. 5-1995, § 1; L.L.
No. 1-1999, § 1; L.L. No. 2-2008, § 1]
Pursuant to the provisions of the Municipal Home Rule Law and § 150.10 of the Criminal Procedure Law, the Building Inspector, Deputy Building Inspectors, Property Development Specialist, civilian employees of the Building Department, civilian employees of the Sanitation Department and public servants of the City of Poughkeepsie are hereby authorized to issue and serve appearance tickets, returnable in the City Court of the City of Poughkeepsie, for any violation of Chapter 6 of the City of Poughkeepsie Code of Ordinances entitled "Building and Utility Codes," Chapter 9 of the City of Poughkeepsie Code of Ordinances entitled "Garbage, Trash and Weeds," Chapter 12 of the City of Poughkeepsie Code of Ordinances, entitled "Minimum Housing, Standards Ordinance," and Chapter 19 of the City of Poughkeepsie Code of Ordinances entitled "City of Poughkeepsie Comprehensive Land Use and Zoning Ordinance."
[Ord. No. O-10-32, 11-15-2010, § 1; amended
by Ord. No. O-12-07, 7-2-2012, § 1; Ord. No. O-14-22, 11-3-2014, § 1]
(a)
Purpose and intent. It is the purpose and intent
of the City to establish a process to address the number of abandoned,
vacant, and foreclosed or foreclosing properties located within the
City. It is the City's further intent to specifically establish
an abandoned, vacant, and foreclosed or foreclosing property program
as a mechanism to protect residential neighborhoods from becoming
blighted through the lack of adequate maintenance and security of
such properties.
(b)
ABANDONED REAL PROPERTY
BUILDING
BUILDING INSPECTOR
CITY
DAYS
DEFAULT
EVIDENCE OF VACANCY
FORECLOSED
FORECLOSING
FORECLOSURE
INITIATION OF FORECLOSURE PROCEEDINGS
MORTGAGEE
NOTICE OF DEFAULT
OWNER
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
OWNER OF RECORD
PROPERTY
VACANT STRUCTURE
Definitions. The following words, terms and phrases,
when used in this section, shall have the meanings ascribed to them
in the section except where the context clearly indicates a different
meaning:
The meaning as defined in Section 14-48(h) of the City of Poughkeepsie Code of Ordinances.
Any combination of materials having a roof and enclosed within
exterior walls or firewalls, built to form a structure for the shelter
of persons.
The duly appointed Building Inspector or his designees.
The City of Poughkeepsie.
Consecutive calendar days.
With respect to a residential building containing four or
fewer dwelling units: when the mortgagor is 60 days past due on the
mortgagor's obligation to make a scheduled payment under a mortgage
or a mortgage note. With respect to all other buildings: when the
mortgagor is 90 days past due on the mortgagor's obligation to
make a scheduled payment under a mortgage or a mortgage note.
Any condition that, on its own or combined with other conditions
present, would lead a reasonable person to believe that the property
is vacant. Such conditions may include, but not be limited to, overgrown
and/or dead vegetation, accumulation of abandoned real property, as
defined herein, and statements by neighbors, passersby, delivery agents
or government agents, among other evidence that the property is vacant.
Describes a property for which a new deed has been recorded
with the County Clerk following the foreclosure process and is recorded
in the name of a bank, credit union, mortgage servicer, financial
institution, REO, government corporation such as the Government National
Mortgage Association (Ginnie Mae), government-sponsored enterprise
such as the Federal National Mortgage Association (Fannie Mae) or
the Federal Home Loan Mortgage Corporation (Freddie Mac), the Secretary
of Housing and Urban Development, the Veterans Administration, or
other such entity.
Describes a property that is in the process of foreclosure.
The process by which a property, placed as security for a
real estate loan, is sold at auction to satisfy the debt if the owner
or borrower defaults.
Commencing a foreclosure action on a property in any court
of competent jurisdiction pursuant to New York Real Property Actions
and Proceedings Law (RPAPL) § 1301 et seq.
The creditor, including but not limited to service companies,
lenders in a mortgage agreement and any agent, servant, or employee
of the mortgagee, or any successor in interest and/or assignee of
the mortgagee's rights, interests or obligations under the mortgage
agreement.
A recorded notice that a default has occurred under a mortgage
and that the mortgagee intends to proceed with a foreclosure sale.
Any person, entity or service company, alone or severally
with others; that:
Has legal title to any real property, including but not limited
to a dwelling, dwelling unit, mobile dwelling unit, or parcel of land,
vacant or otherwise, including a mobile home park; or
Has care, charge or control of real property, including but
not limited to any dwelling, dwelling unit, mobile dwelling unit,
or parcel of land, vacant or otherwise, including a mobile home park,
or any administrator, administratrix, executor, trustee or guardian
of the estate of the holder of legal title; or
Is the mortgagee of any such property who has initiated foreclosure
proceedings as defined in this section; or
Is an agent, trustee or other person appointed by the courts
and vested with possession or control of any such property; or
Is an officer or trustee of the association of unit owners of
a condominium. Each such person is bound to comply with the provisions
of these minimum standards as if he were the owner. However, "owner"
shall not mean a condominium association pursuant to Article 9-B of
the Condominium Act to the extent that such association forecloses
on or initiates the foreclosure process for unpaid assessments due
or owing to the association; or
Every person who operates a rooming house; or
Is a trustee who holds, owns or controls mortgage loans for
mortgage-backed securities transactions and has initiated the foreclosure
process; or
Has initiated foreclosure proceedings against a property pursuant
to New York RPAPL § 1301 et seq.
The person having title to the property as indicated upon
the records of the Dutchess County Clerk.
Any improved real property, or portion thereof, situated
in the City and includes all the buildings or structures located on
the property.
A building or structure that is not legally occupied.
(c)
Registration.
(1)
Properties with vacant structures. Within 10 days of the date on
which a structure becomes vacant, or within 10 days of being provided
notices from the Building Inspector of the existence of a vacant structure
that has not been registered, the owner shall register said property
with the Building Department on a form provided by the Department.
(2)
Foreclosed and foreclosing properties. Within 10 days of the effective
date of this section, or within 10 days of the initiation of foreclosure
proceedings, whichever is later, the owner of any foreclosed or foreclosing
property shall register said property with the Building Department
on a form provided by the Building Department.
(3)
Registration pursuant to this subsection must be renewed at the end
of each six months if the property is still in foreclosure and/or
is vacant.
(4)
Any mortgagee who holds a mortgage on real property located within the City shall perform an inspection of the property that is the security for the mortgage, upon default by the mortgagor, prior to the issuance of a notice of default. If the property is found to be vacant or shows evidence of vacancy, it shall be deemed abandoned and the mortgagee shall, within 10 days of the inspection, register the property in accordance with this subsection and obtain a vacant property permit in accordance with Section 6-39(i) below. If the property is occupied but remains in default, it shall be inspected by the mortgagee or mortgagee's designee on a monthly basis until the mortgagor or other party remedies the default; or it is found to be vacant or shows evidence of vacancy. Such determination may be made by communication with the mortgagor, a visual inspection of the real estate, or other means reasonably calculated to determine if the structure is vacant. The property shall be deemed abandoned upon such time as it is found to be vacant or shows evidence of vacancy, and the mortgagee shall, within 10 days of the inspection, register the property in accordance with this subsection.
(5)
The Common Council, by resolution, shall establish a fee schedule
for the registering of vacant structures and foreclosed or foreclosing
properties but shall not require that an owner pay more than one registration
fee per parcel per six-month period.
(6)
The owner shall notify the Building Inspector within 10 days of any
change in the registration information, including the sale or transfer
of the property, by filing an amended registration statement on a
form provided for such purposes.
(d)
Form. The registration shall be submitted on forms
provided by the Building Department and shall include the following
information supplied by the owner:
(1)
A description of the premises;
(2)
The names and addresses of the owner or owners;
(3)
If the owner does not reside in Dutchess County, the name and address
of any third party who the owner has entered into a contract or agreement
with for property management;
(4)
The names and addresses of all known lien holders and all other parties
with an ownership interest in the building;
(5)
A telephone number where a responsible party can be reached at all
times during business and nonbusiness hours; and
(e)
Statement of Plan. At the time a vacant building or dwelling is registered as required above, the owner shall submit to the Building Department a Statement of Plan and obtain a vacant property permit pursuant to Section 6-39(i). The plan shall include at least the following:
(1)
The length of time the owner expects the vacancy to continue;
(2)
The proposed rehabilitation or improvement to be made to the structure
so as to make the structure suitable for its last use of record;
(3)
A form in which the owner grants permission to the Building Inspector,
Police Chief or Fire Inspector to enter and inspect the property;
(4)
A description of what will be done to secure the structure so that
it will not become open to the general public;
(5)
An open trespass complaint to be filed with the Police Department.
(f)
Failure to file a Statement of Plan and/or register. Should the owner fail to submit a plan or fail to comply with such plan after it has been approved by the Building Department, the Building Inspector shall recommend to the Office of Corporation Counsel that a criminal information be filed in City Court, and the property shall be deemed abandoned pursuant to Section 6-39(m) of this chapter.
(g)
Maintaining and securing vacant structures. All
vacant real property shall at all times be properly maintained. A
vacant structure shall be considered properly maintained if:
(1)
It has all doors and windows and other openings weather-tight and
secured against entry by the general public as well as animals.
(2)
All roof and roof flashings shall be sound and tight such that no
rain will penetrate the structure and must allow for appropriate drainage
so as to prevent deterioration of the interior walls or other interior
portions of the building.
(3)
The building must be maintained in good repair, be structurally sound
and free from overgrown vegetation, rubbish, garbage, and other debris.
(4)
Structured members of the building shall be capable of bearing both
live and dead loads, and the foundation walls likewise shall be capable
of supporting an appropriate load.
(5)
The exterior of the structure shall be free of loose or rotten materials
as well as holes. Any exposed metal, wood or other surface shall be
protected from the elements by appropriate weather-coating materials
(paint or similar treatment).
(6)
Any balconies, canopies, signs, metal awnings, stairways, fire escapes
or other overhanging extensions shall be in good repair, appropriately
anchored. The exposed metal and wood surface of such overhanging extensions
shall also be protected from the elements against rust or decay by
appropriate application of paint or similar weather-coating.
(7)
Any accessories or appurtenant structures, including but not limited
to garages, sheds and other storage facilities, shall meet the same
standards.
(8)
The property contains a posting with the name and twenty-four-hour
contact phone number of the local individual or property management
company responsible for the maintenance. This sign must be posted
on the front of the property so it is clearly visible from the street.
(9)
All bushes must be trimmed so as to provide an unobstructed view
of the front of the house from the public roadway.
(10)
The owner shall comply with all other relevant state and local
regulations concerning the maintenance of property.
(h)
Inspections. The Building Inspector, Fire Department, Sanitation Inspector and/or Police Department shall have the authority to inspect properties subject to this section for compliance with Section 6-39(g) and to issue citations for any violations with directions to remedy the violation within 10 days of the date of the citation.
(i)
Vacant property permit. The Building Inspector will issue a vacant building permit upon being satisfied that the property is properly registered pursuant to Section 6-39(c) and properly maintained pursuant to Section 6-39(g). This permit shall be valid for a period of six months, at the end of which the inspection process must again be carried out by the Building Inspector.
(j)
Cash bond. Within 10 days of the date on which the registration form is required under Section 6-39(c), the owner of any vacant and/or foreclosing or foreclosed property shall provide a cash bond in the amount of $10,000 to the Building Inspector, as security in the event the Building Inspector is authorized pursuant to Section 6-39(m) below to secure the continued maintenance of the property until such time as the property is again legally occupied, sold, or transferred and to remunerate the City for any expenses incurred in inspecting, securing, marking, maintaining, or making such property safe. A portion of said bond, in an amount to be determined by the Building Inspector, not to exceed 10% of the total bond value, shall be retained by the City as an administrative fee to fund an account for expenses incurred in inspecting, securing, maintaining and marking other vacant and/or foreclosed or foreclosing properties that are not in compliance with this section. Any owner of a vacant and/or foreclosed or foreclosing property providing a bond pursuant to this subsection must also provide bonds for all other vacant and foreclosed or foreclosing properties it owns in the City.
(k)
Liability insurance. Within 10 days of the date on which the registration form is required under Section 6-39(c), the owner of any vacant and/or foreclosed or foreclosing property shall procure liability insurance for the property' with a coverage amount to exceed $150,000 and shall furnish the Building Inspector with a copy of said certificate of insurance.
(m)
Certification of abandonment. Upon the Building Inspector's determining a property has been abandoned and/or is otherwise vacant and not in compliance with Section 6-39(c) through (g), the Building Inspector shall cause a certification of abandonment to be filed with the Building Department's records, and such certification shall be served upon the owner of the premises, either personally or by posting a copy of the certification in a conspicuous place on the property and by mailing a copy by certified mail to the owner or owners' last known address.
(1)
Upon the Building Inspector's filing a certification of abandonment, the Building Inspector, Sanitation Inspector, Police Department and/or Fire Department may, without further notice to the owner, take necessary steps to ensure the property is properly maintained pursuant to Section 6-39(g). The Building Inspector shall then provide the owner with a written statement of all costs associated with inspecting, securing, and maintaining the property. If the owner fails to reimburse the City within five days of receiving said written statement of costs, the City shall draw down upon the bond paid by the owner pursuant to Section 6-39(j). If there is no bond available, the costs incurred to ensure the property and/or dwelling is properly maintained shall be paid out of the municipal treasury on the certificate of the Building Inspector. Such costs shall be charged against the land on which the building existed, as a municipal lien, or shall be added to the tax roll as an assessment or shall be levied as a special tax against the land upon which the building stands or stood or shall be recovered in a suit at law against the owner.
(2)
If the Building Inspector draws down a cash bond provided pursuant to Section 6-39(j), he or she shall forthwith notify the owner of the amount by which the cash bond has been drawn down, and the owner shall have 10 days from the date of said notice to replenish the bond to the minimum of $10,000 required in Section 6-39(j).
(3)
The owner of a property declared abandoned may petition the Building
Department to remove the certification of abandonment by providing
proof to the Building Inspector that the basis of the certificate
of abandonment no longer exists and the owner is in compliance with
this article.
(n)
Establishment of list. The Building Inspector is
hereby directed to compile a list of all properties declared abandoned.
(o)
Penalties. Any person, firm, corporation, or association
violating the provisions of this section shall be subject to a penalty
of $300 per day, per property, for the following violations, which
shall constitute distinct and separately chargeable violations:
(1)
Failure to register a property as required in Section 6-39(c). The first date on which a penalty for failure to register may be imposed is the latter of the following:
(2)
Failure to provide a cash bond as required in Section 6-39(j). The first date on which a penalty for failure to provide a cash bond may be imposed is the latter of the following:
(3)
Failure to replenish a cash bond that the Building Inspector has drawn down pursuant to Section 6-39(m). The first date on which a penalty for failure to provide a cash bond may be imposed is the 11th day after the Building Inspector notifies the owner of the obligation to replenish the bond to the minimum of $10,000.
(4)
Failure to provide proof of liability insurance as required in Section 6-39(k). The first date on which a penalty for failure to provide a cash bond may be imposed is the latter of the following:
(5)
Failure to rectify violations of Section 6-39(g). An owner who fails to remedy violations of Section 6-39(g) within 10 days of the date of a citation issued pursuant to Section 6-39(h) shall be subject to civil penalties as set forth in Sections 6-11 and 6-12 for each day the violation is unremedied or until the Building Inspector exercises his or her authority under Section 6-39(m) to take necessary steps to ensure the property is properly maintained pursuant to Section 6-39(g).
(p)
Procedure for serving notices. Notices required
pursuant to this section shall be served in the following manner:
[1]
Editor's Note: Former Divs. 3, 4 and 5, containing substantive provisions designated as §§ 6-41 through 6-50, 6-56 through 6-69 and 6-75 through 6-79, were deleted by an ordinance adopted 12-19-1983, § 17. Prior to such deletion, Div. 3 pertained to elevators and amusement devices as derived from an ordinance adopted 10-2-1939, Art. XIV, §§ 1400 through 1409; Div. 4 pertained to signs and billboards as derived from an ordinance adopted 10-2-1939, Art. II, § 200, and Art, XVIII, §§ 1800 through 1804, as well as ordinances adopted 11-19-1945, 11-21-1960, 5-17-1976 and 10-21-1980; Div. 5 pertained to special occupancies as derived from an ordinance adopted 10-2-1939, Art. XIII, §§ 1300 through 1303.
