Inspection. To determine compliance with this chapter, and in accordance with the provisions of the Uniform Fire Prevention and Building Code, and the Code of the City of Newburgh, the Building Inspector or any duly authorized City representative, upon showing the proper credentials in the discharge of his/her duties, may enter upon any building, structure or premises at any reasonable hour or in an emergency at any hour whatsoever upon the consent of the owner or occupant or pursuant to a lawful warrant.
Notice of violation.
Upon finding any new construction, improvements, or uses to be in violation of this chapter, the Building Inspector shall transmit a written notice of violation, by registered or certified mail, to the owner and tenants of the property upon which the alleged violation occurs, describing the alleged violation. The notice of violation shall require an answer or correction of the alleged violation to the satisfaction of the Building Inspector within a reasonable time limit set by the Building Inspector. The notice shall state that failure to reply or to correct the alleged violation to the satisfaction of Building Inspector within the time limit constitutes admission of a violation of this chapter. The notice shall further state that, upon request of those to whom it is directed, technical determinations of the nature and extent of the violation as alleged will be made and that if a violation as alleged is found, costs of the determinations will be charged against those responsible, in addition to such other penalties as may be appropriate, and that if it is determined that no violation exists, costs of determination will be borne by the City.
If, within the time limit set, there is no reply but the alleged violation is corrected to the satisfaction of the Building Inspector, the notation "Violation Corrected" shall be made on the Building Inspector copy of the notice.
If there is no reply within the time limit set (thus establishing admission of a violation of this chapter) and the alleged violation is not corrected to the satisfaction of the Building Inspector within the time limit set, the Building Inspector shall take action in accordance with § 300-121C of this chapter.
A permanent record of all notices of violation and their disposition shall be kept in the offices of the Building Inspector.
Abatement of violations. The Building Inspector may issue a stop-work or cease and desist order and/or institute an appropriate legal action or proceeding to prevent, restrain, correct, or abate any violation of this chapter to prevent the occupancy of premises or to prevent any activity, business, or use that violates this chapter. Such legal action may include the issuance of an appearance ticket pursuant to the Criminal Procedure Law, § 150.20, Subdivision 3.
A violation of this chapter is an offense punishable by fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense. Conviction of a second offense, committed within five years of the first offense, is punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed 15 days, or both. Conviction of a third or subsequent offense committed within a period of five years is punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both. Each day's continued violation shall constitute a separate additional violation. A violation which creates an imminent hazard to health and safety shall be punishable by the same fine as above, as well as by imprisonment for a period not to exceed six months per violation.
In addition, any person who violates any provision of this chapter or who fails to do any act required thereby shall, for each and every such violation, pay a civil penalty of not more than $100. When a violation of any of the provisions is continuous, each day thereof shall constitute a separate and distinct violation subjecting the offender to an additional penalty.
The imposition of penalties for any violation of this chapter shall not excuse the violation nor permit the violation to continue. The application of the above penalties or prosecution for a violation of any provision of this chapter shall not prevent the abatement of a violation pursuant to Subsection C, Abatement of violations. The expenses of the City in enforcing such removal, including legal fees, may be chargeable (in addition to the criminal and civil penalties) to the offender and may be recovered in a civil court of appropriate jurisdiction.
Complaints of violations. Whenever a suspected violation of this chapter occurs, any person may file a signed written complaint reporting such violation to the Building Inspector. The Building Inspector may also investigate any oral complaint made to his/her office. All complaints, written or oral, shall be properly recorded, filed, and promptly investigated by the Building Inspector.
Accountability. For every violation of the provisions of this chapter, the owner, agent, contractor, lessee, ground lessee, tenant, licensee, or any other person who commits, takes part, or assists in such violation or who maintains any structures or premises in which any such violation exists shall be punishable according to the provisions of this chapter.
Existing violations. No application shall be received nor shall any application, if received, be reviewed or be granted for any variance, zoning change, special use permit, site plan, subdivision, building permit, license, certificate of occupancy or any other change set forth in this chapter if there are any existing violations of this chapter for the lot or lots contained in said application, unless said application is required by the Building Inspector, City of Newburgh Corporation Counsel, or the reviewing agency in settlement of the outstanding violation.
If any clause, sentence, paragraph, subdivision, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
It is hereby declared to be the intent of the City Council that this chapter would have been enacted even if such invalid provision had not been included herein.
Initiation. The City Council may, on its own motion or on petition or on recommendation from the City Planning Board or Zoning Board of Appeals, amend, supplement, or repeal the regulations and provisions of this chapter. A property owner or authorized agent may apply for amendment to this chapter by filing a petition with the City Council. The City Council shall be under no obligation to consider or review a petition for a zoning amendment. The petition shall include a description of the property or properties affected, a map showing the property or properties affected and all properties within a radius of 500 feet of the exterior boundaries thereof and the applicable filing fee.
Review by planning agencies. As an aid in analyzing the implications of proposed amendments and to coordinate the effect of such actions on intergovernmental concerns, the City Council shall refer proposed amendments to the City of Newburgh Planning Board and to the County Planning Department as required by §§ 239-l and 239-m of the General Municipal Law.
Referral to Orange County Department of Planning. No action shall be taken to approve a proposed zoning amendment referred to the Orange County Department of Planning until its recommendation has been received, or 30 days have elapsed after its receipt of the full statement of the proposed amendment, unless the County and City agree to an extension beyond the thirty-day requirement for the County Planning Department's review.
Referral to the City of Newburgh Planning Board. Every proposed amendment or change initiated by the City Council or by petition (but not if initiated by the City of Newburgh Planning Board) shall be referred to the City of Newburgh Planning Board for report thereon prior to public hearing. If the City of Newburgh Planning Board does not report within 30 days of such referral, the City Council may take action without the City Planning Board report. This period of time may be extended by agreement of the City Council and City of Newburgh Planning Board.
Public hearing and notice. No proposed amendment shall become effective until after a public hearing thereon, at which the public shall have an opportunity to be heard. If the City Council chooses to consider a proposed zoning amendment, it shall, by resolution at a duly called meeting, set the time and place for a public hearing on the proposed amendment and shall cause public notice to be given as required by the laws of New York State and specified below. If a proposed amendment is initiated by petition, the petitioner shall be responsible for publication of notice and for notice to adjacent municipalities if necessary.
Publication of notice in newspaper. Notice of the time and place of the public hearing shall be published at least 10 days in advance of such hearing in the official newspaper. This notice shall provide a summary of the proposed amendment in such reasonable detail as will give adequate notice of it, indicating the place or places where copies of the proposed amendment may be examined and the time and place of the hearing.
Notice to adjacent municipalities. Written notice of any proposed amendment affecting property lying within 500 feet of an adjacent municipality shall be served in person or by mail upon the Clerk of such municipality at least 10 days prior to the date of public hearing. Representatives of neighboring municipalities receiving notification of a proposed amendment shall have the right to appear and be heard at the public hearing thereon but shall not have the right to review by a court.
The City Council may adopt amendments to this chapter by a majority vote of its membership, except in the case of local protest or disapproval by the Orange County Department of Planning as noted below.
Count disapproval. A supermajority (majority-plus-one) vote of all City Council members shall be required to pass any proposal which receives a recommendation of disapproval from the Orange County Department of Planning prior to City Council action, along with a resolution setting forth the reasons for such contrary action.
Effective date. Unless the amendment provides for a different effective date, each amendment adopted by the City Council shall take effect when filed with the Secretary of the State of New York pursuant to the Municipal Home Rule Law of the State of New York.
This chapter, together with the Zoning Map and the Schedule of Use and Bulk Regulations, and Form-Based Code incorporated herein and made a part of this chapter, shall take effect 10 days after its publication and posting as required by City Law.
The ordinance entitled "City of Newburgh, New York, Zoning Ordinance," effective April 15, 2006, including all amendments to said ordinance, is hereby repealed as of the effective date of this chapter.