This Chapter shall be administered and enforced by the Zoning
Administrator and by his duly authorized representatives. The functions
of the Building Inspector shall reside in the office of the Zoning
Administrator. No building permit, change of use permit, certificate
of occupancy, temporary certificate of occupancy or other authorization
for any construction, reconstruction, alteration or enlargement of
a building, structure or use or for the moving of a building or structure
from one site to another shall be issued by the Zoning Administrator
and no variance shall be granted by the Zoning Board of Appeals and
no site plan or special permit shall be approved by the Planning Board,
unless the provisions of this Chapter and all other statutes, laws,
ordinances, rules and regulations affecting the property involved
are fully complied with. The Zoning Administrator shall maintain files
of all applications for building permits and change of use permits,
together with all plans submitted therewith and for certificates of
occupancy and records of all such permits and certificates issued
by him. In the performance of his duties, the Zoning Administrator
and his duly authorized representatives shall have the right, during
daylight hours, to enter and inspect any building, structure or land
within the incorporated area of the city, where the owner consents
or where an emergency exists. Prior to performing any interior inspection
of private property pursuant to this Chapter, the inspector shall
obtain permission for such inspection from the property owner or his
authorized agent or representative. In the event that such owner or
agent 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. These provisions shall apply to tenants
of any premises to be inspected.
If the Zoning Administrator shall find that any of the provisions
of this Chapter are being violated, he shall notify, in writing, the
person responsible for such violations, indicating the nature of the
violation and ordering the action necessary to correct it. He shall
order discontinuance of any illegal use of land, buildings or structures;
removal of illegal buildings or structures or of illegal additions,
alterations or structural changes; discontinuance of any illegal work
being done; or shall take any other action authorized by this Chapter
to ensure compliance with or to prevent violations of its provisions.
[Ord. of 11-3-1986, § 3]
No building in any district shall be erected, reconstructed
or restored or structurally altered or used, without a building permit.
A building permit shall be duly issued upon application to the Zoning
Administrator and upon payment of the required fee. No fee is required
if the premises are exempt from taxation under Section 4 of the Tax
Law[1] No building permit shall be issued unless the proposed
construction or use is in full conformity with all provisions of this
Chapter and all other applicable regulations, including Section 6.23
of the Building and Utility Codes of the City of Poughkeepsie. Any
such permit issued in violation of the provisions of this Chapter
shall be null and void and of no effect. Further, proceedings for
revocation or nullification of such null and void permits shall not
be necessary, and any work undertaken or use established pursuant
to any such permit shall be unlawful.
(1)
Application. Every application for a building permit for any building shall contain the following information and be accompanied by a plot plan in duplicate drawn to scale and signed by the person responsible for such drawing. If no such plot plan is available, a survey, prepared by a licensed engineer or land surveyor is required. In the case of accessory buildings, the Zoning Administrator may waive such of the requirements set forth in Subsections (1)(a) through (f) below as he may deem to be superfluous:
(a)
The actual shape, dimensions, radii, angles and area of the
lot on which the building is proposed to be erected or if an existing
building, of the lot on which it is situated.
(b)
The exact size and locations on the lot of the proposed building
or buildings or alteration of an existing building and of other existing
buildings on the same lot.
(c)
The dimensions of all yards in relation to the subject building
and the distances between such building and any other existing buildings
on the same lot.
(d)
The existing and intended use of all buildings, existing or
proposed, the use of land and the number of dwelling units, if any,
the building is designed to accommodate.
(e)
Where the variations in elevation above or below the average
level of the street in front of the property exceed 10 feet, the application
shall be accompanied by a map showing topographic contours at two-foot
intervals, certified thereto by a licensed surveyor.
(f)
Such other information with regard to the building, the lot
or neighboring lots as may be necessary to determine that the proposed
construction will conform to the provisions of this Chapter.
(2)
No building permit shall be issued for any building that is subject
to site plan approval or a special permit by the Planning Board, except
in conformity with the requirements of said Board. No permit shall
be issued for a building that is permitted subject to a variance granted
by the Board of Appeals, except in accordance with all conditions
which may have been prescribed by said Board.
(3)
The Zoning Administrator shall, within 30 days after the filing of
a complete and properly prepared application with all required approvals,
including site plan, special permit and/or variances, either issue
or deny a building permit. If a permit is denied, the Zoning Administrator
shall state, in writing, to the applicant the reasons for such denial.
If any construction, alteration, enlargement or other work authorized
under a building permit is not begun within six months from the date
of its issuance, such permit shall expire. The Zoning Administrator
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.
[1]
Editor's Note: Said section was repealed by Section 1614 of
the Real Property Tax Law, effective 10-1-1959.
No existing building or land, whether vacant or occupied, shall
be converted to a different land use without first securing a change
of use permit. A change of use permit shall be duly issued upon application
to the Building Inspector and upon payment of the required fee, in
accordance with the schedule of fees of the City of Poughkeepsie.
No change of use permit shall be issued unless the proposed use is
in full conformity with all provisions of this Chapter and all other
applicable regulations. Any such permit issued in violation of the
provisions of this Chapter shall be null and void and of no effect,
without the necessity for any proceedings for revocation or nullification
thereof; and any work undertaken or use established pursuant to any
such permit shall be unlawful.
(1)
Unless specifically waived by the Zoning Administrator, every application
for a change of use permit shall be accompanied by a plot or floor
plan drawn to scale and signed by the person responsible for such
drawing, showing the manner in which the land or building is proposed
to be used.
(2)
No change of use permit shall be issued for any building or use that
is subject to site plan or special permit approval by the Planning
Board, except in conformance with the requirements of said Board.
No permit shall be issued for a building or use that is subject to
a variance granted by the Board of Appeals, except in accordance with
all conditions which may have been prescribed by said Board.
(3)
The change of use permit application and all supporting documentation
shall be made in duplicate and shall be accompanied by the required
fee in accordance with the schedule of fees of the City of Poughkeepsie.
(4)
Within 30 days after the Zoning Administrator has certified that
a complete and properly prepared application, with all required approvals,
including site plan, special permit and/or variances has been filed,
he shall either issue or deny said permit. If a permit is denied,
the Zoning Administrator shall state, in writing, to the applicant
the reasons for such denial.
[Ord. of 11-4-1991, § 1; Ord. of 8-21-1995, § 5, 6]
(1)
The occupancy and use of a building erected, reconstructed, restored,
altered or moved or any change in use of an existing building shall
be unlawful until a certificate of occupancy shall have been applied
for and issued by the Zoning Administrator.
(2)
A certificate of occupancy is required for, and shall be deemed to
authorize, both initial occupancy and the continued occupancy and
use of the building or land to which it applies.
(3)
No certificate of occupancy shall be issued for any use requiring
the granting of a special permit, variance or site plan approval unless
and until such special permit, variance or site plan approval has
been duly granted, and the DPD or his representative and the Zoning
Administrator have inspected the site to ascertain that all provisions
of said approval are complied with.
(3-a)
Notwithstanding the requirement set forth in Subsection (3) above, a certificate of occupancy for an individual residential unit in a project or development that has common areas and facilities and which contains two or more dwelling units may be issued as hereinafter set forth. This subsection is applicable to individual residential units in projects or developments that have obtained special permit, variance or site plan approval. In order to issue a certificate of occupancy under the authority of this subsection, the Building Inspector, with the assistance and recommendation of the City Engineer, must find that the project or development within which the individual residential unit is located, as well as the the individual residential unit, are in conformity with the applicable requirements of the Building Code[1] In addition, the Building Inspector, with the assistance
and recommendation of the City Engineer, must find:
(a)
That the building elevation conforms to the special permit,
variance approval and/or site plan approval granted by the Planning
Board;
(b)
That the approved water and sewer hookups to the individual
unit are functioning properly and in accordance with approved plans;
(c)
That there is adequate access for ingress and egress [at least
one coat of pavings in accordance with the approved plans to and from
the individual residential unit to a public street;
(d)
That the individual unit has the appropriate amount of off-street
parking available to it in accordance with the approved plans;
(e)
That the landscaping surrounding the individual unit pursuant
to the approved plans has been properly installed; and
(f)
That the individual unit and the portions of the common areas
and facilities required to support the occupancy of the individual
unit may all be occupied safely without endangering life or public
welfare (including but not limited to appropriate drainage, retaining
walls, lighting, pedestrian access, vehicle access, garbage collection
stations and fire and police service access) in accordance with the
approved plans.
Subsequent to the issuance of a certificate of occupancy pursuant
to this subsection and upon the completion of all provisions of special
permit, variance or site plan approval, a site certificate shall be
issued by the Building Inspector, with the assistance and recommendation
of the City Engineer, reciting the completion of all requirements
of the approved plans. The completion date for all site work for purposes
of the bonding provisions of this Chapter shall be deemed to be the
date that the site certificate is issued by the Building Inspector.
The purpose of this subsection is to provide for certificates of occupancy,
subject to the conditions set forth above prior to the issuance of
a site certificate for projects or developments involving two or more
residential dwelling units that contain common areas and facilities
and that have required and received special permit approval, variance
approval or site plan approval.
(4)
A renewable temporary certificate of occupancy for a part of a building
may be issued by the Zoning Administrator for a period of not more
than six months, provided that such portion or portions as have been
completed may be occupied safely without endangering life or the public
welfare.
(5)
Application for a certificate of occupancy for a new building, or for an existing building which has been altered, shall be made on forms furnished by the Zoning Administrator, after erection of such building or part thereof has been completed in conformity with the provisions of this Chapter and all other applicable regulations. Every application for a certificate of occupancy or a temporary certificate of occupancy shall be accompanied by the required fee, in accordance with the fee schedule of the City of Poughkeepsie. In the case of a new building, said application shall be accompanied by an accurate plot plan or, if not available, by a survey prepared by a licensed land surveyor or engineer, drawn at the same scale as the site plan, showing the location of all buildings, structures, utilities, roads or other site features, as built. Such certificate shall be issued by the Zoning Administrator within 10 days after receipt of the properly completed application, but only provided that the application states that all requirements of all other applicable codes or ordinances in effect are complied with. 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 this Chapter have been satisfied.
[Ord. of 4-3-1989, § 1]
(1)
The Zoning Administrator 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 Zoning Administrator shall similarly not inspect existing one-family
dwellings built prior to 1963 for which certificate of occupancy was
never issued and for which no activity has taken place since 1963
that would have required the issuance of a building permit or a new
or modified certificate of occupancy under the terms of the City of
Poughkeepsie Zoning Ordinance as it has been adopted from time to
time since 1963; provided, however, that the above limitations are
not applicable to and are not intended to limit the duties and powers
of the Zoning Administrator in connection with the administration
and enforcement of the City of Poughkeepsie Zoning Ordinance other
than as set forth above.
(2)
When the Zoning Administrator 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 (1) above, the Zoning Administrator 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, that it remains in effect and shall enclose a copy of such previously issued certificate of occupancy or, in the alternative, shall advise that the dwelling was built prior to 1963, that no certificate of occupancy was issued and that the premises may be lawfully occupied without a certificate of occupancy. In such response, the Zoning Administrator shall further advise the party making the request whether there are or are not existing violations of record in connection with the premises. If there are existing violations of record, the Zoning Administrator shall include a copy of such existing violations of record with the response. The Zoning Administrator shall charge a fee of $10 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 on which no activity or use has
taken place that would have required the issuance of a building permit
or a new or amended certificate of occupancy under the terms of this
City of Poughkeepsie Zoning Ordinance as it may have been amended
from time to time since 1963 may be lawfully occupied without a certificate
of occupancy; provided, however, that any activity or use taking place
therein, on and after the adoption of this provision, shall be subject
to the otherwise applicable requirements for building permit and certificate
of occupancy.
[1]
Editor's Note: An ordinance adopted 4-3-1989 added provisions designated as Section 19-7.4-a pertaining to applications for inspections and certificates of occupancy for existing one-family dwellings. Such provisions were redesignated as Section 19-7.4.1 to conform to the numerical system of this Chapter.
For purposes of establishing a record that a particular building
and/or use is in conformance with this Chapter on its effective date,
upon written request by the property owner and upon payment of the
required fee, in accordance with the fee schedule of the City of Poughkeepsie,
the Zoning Administrator shall, after inspection, issue a certificate
of conformance for any building or use thereof or for any use of land
existing at the time of the adoption of this Chapter, certifying such
use and whether or not said use and the building conform to the provisions
of this Chapter.
For the purpose of recording the character and extent of any
legal nonconformity existing as of the effective date of this Chapter,
the owner or lessee of any building, structure or land shall apply
to the Zoning Administrator for a certificate of occupancy, specifying
in such application the character and extent of the nonconformity
of such building, structure or land and/or the use thereof and its
conformance with the zoning regulations, applicable thereto at the
time of the construction of any building or the establishment of any
use. Such certificate of legal nonconformity shall be surrendered
to the Zoning Administrator upon termination of the use.
A record of all certificates of occupancy, certificates of conformity
and certificates of legal nonconformity shall be kept in the office
of the Zoning Administrator, and copies shall be furnished by the
DPD on request to any agency of the City or to any persons having
a proprietary or tenancy interest in the building or land affected.
[Ord. of 8-15-1996, § 3]
(1)
Any person or corporation, whether as owner, lessee, architect, contractor
or builder, or the agent or employee of any of them, who violates
or is accessory to the violation of any provision of this chapter
or any rule or regulation made under the authority conferred by this
chapter or who shall erect, construct, alter, enlarge, convert or
move any building or structure or any part thereof without a building
permit or in violation of any statement or plans submitted and approved
under the provisions of this chapter or who shall use any building,
structure or land in violation of this chapter or any rule or regulation
made under the authority conferred by this chapter or in violation
of the provisions of any building permit, change of use permit or
certificate of occupancy or without a building permit, change of use
permit or certificate of occupancy where one is required by this chapter
and who fails to abate said violation within 30 days after written
notice has been served upon him either by mail or personal service
shall be liable to a fine or civil penalty of $250 to be recovered
with costs. Each week that a violation remains shall constitute a
separate offense.
(2)
In case any building or structure is erected, constructed, reconditioned,
altered, repaired, converted or maintained or any building, structure
or land is used, in violation of this chapter, the Common Council
or the Zoning Administrator or any other official of the City, in
addition to other remedies, may institute any appropriate action or
proceeding through the Corporation Counsel in order to prevent such
unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use, to restrain, correct, or abate such
violation, to prevent the occupancy of said building, structure or
land or to prevent any illegal act, conduct, business or use in or
about such building, structure or land.
(3)
Complaints of violations. Any person may file a
complaint whenever a violation of this chapter occurs. All such complaints
must be in writing and shall be filed with the Zoning Administrator,
who shall properly record such complaint and immediately investigate
and report thereon to the City and Council.
(4)
The Zoning Administrator shall maintain a cumulative file, open to
public inspection, of each violation of this chapter, arranged by
volume, sheet, block, and lot numbers, so that the full case history
of each such violation may be available.
(5)
Enforcement of fine. The Zoning Administrator or his/her designee may seek enforcement of a violation of this chapter through recovery of a fine imposed pursuant to this section in City Court or civil penalties pursuant to Subsection (6) of this section. The imposition of any such fine shall not be held to prohibit the enforced removal of prohibitive conditions by any appropriate remedy, including immediate application for an injunction.
(6)
Enforcement of civil penalty; collection of judgment. The Corporation Counsel may bring an action in court for the recovery
of civil penalties imposed pursuant to this section, together with
costs and disbursements.
(7)
Civil penalties.
(a)
The defendant in a criminal proceeding to recover a fine or
action for civil penalties may show, in mitigation of liability, that
the violation giving rise to the action was caused by the willful
act, or gross negligence, neglect, or abuse of another pursuant to
Subsection (7)(d) hereof or that (s)he began to correct the violation
promptly upon receipt of notice thereof, but that its full correction
could not be completed within the time provided because of technical
difficulties, inability to obtain necessary materials or labor or
inability to obtain access to the dwelling unit wherein the violation
occurs.
(b)
If the court finds, upon a showing by the defendant as provided
in Subsection (7)(a), that sufficient mitigating circumstances exist,
it may remit all or part of the fine or accumulated civil penalties
arising from the violation with respect to when such a showing was
made.
(c)
The defendant in an action for civil penalties who has corrected
violations giving rise to the action and who asserts that such a violation
was caused by the willful act or gross negligence, neglect or abuse
of a third party may request the court to permit consolidation of
his action for the reasonable cost of such collection against such
third party with the action for civil penalties.
(d)
When the Corporation Counsel obtains a judgment in an action
to recover civil penalties under this section, in addition to the
appropriate methods of enforcement for judgments established in the
Civil Practice Law and Rules, such judgments for penalties shall constitute
a lien and shall be filed with the Commissioner of Finance, within
one year from the entry of the judgment, and the total amount thereof
shall be added to and become a part of the next annual assessment
roll at the time and in the manner prescribed by the Charter of the
City and subject to all the provisions thereof.
