[Added 6-24-2019 by L.L. No. 10-2019]
Unless otherwise expressly stated, the following terms shall,
for the purpose of this article, have the meanings indicated:
An on-site inspection and evaluation of a parking garage
for evidence of deterioration of any structural element or building
component of such parking garage, evidence of the existence of any
unsafe condition in such parking garage, and evidence indicating that
such parking garage is an unsafe structure.
The weakening, disintegration, corrosion, rust, or decay
of any structural element or building component, or any other loss
of effectiveness of a structural element or building component.
Any building or structure, or part thereof, in which all
or any part of any structural level or levels is used for parking
or storage of motor vehicles, excluding:
An individual who is licensed or otherwise authorized under
Article 145 of the Education Law to practice the profession of engineering
in the State of New York, and who has at least three years of experience
performing structural evaluations.
A professional engineer, as defined herein, who performs
a condition assessment, or under whose supervision a condition assessment
is performed, and who seals and signs the condition assessment report.
The use of the term "responsible professional engineer" shall not
be construed as limiting the professional responsibility or liability
of any professional engineer, or of any other licensed professional,
who participates in the preparation of a condition assessment without
being the responsible professional engineer for such condition assessment.
Conditions, including those identified as "unsafe" in Sections
304.1.1, 305.1.1, and 306.1.1 of the 2015 edition of the International
Property Maintenance Code (a publication currently incorporated by
reference in 19 NYCRR Part 1226).
A structure that is so damaged, decayed, dilapidated, or
structurally unsafe, or is of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
A.
An operating permit shall be required for operating a parking garage.
B.
An application for an operating permit shall be in writing on a form
provided by the Commissioner of Housing and Buildings and shall be
accompanied by the applicable fee, as set forth in this article.
C.
As a condition to the issuance of an operating permit, the subject
parking garage must have a:
(1)
Current and satisfactory fire prevention and building maintenance
inspection report or certificate otherwise required, issued by the
City of Yonkers Fire Department and the Department of Housing and
Buildings. The inspection must confirm that the subject parking garage
conforms with the requirements of the New York State Uniform Fire
Prevention and Building Code ("Uniform Code") and all applicable sections
of this Code, as they relate to the building/structure. The Commissioner
of Housing and Buildings or their duly authorized representative may
also require such tests, reports, repairs and/or renovations as deemed
necessary to verify or obtain compliance with the Uniform Code and
this Code. Such tests, reports, repairs and/or renovations shall be
performed or provided by such person(s) as may be designated by, or
otherwise acceptable to, the Commissioner of Housing and Buildings,
at the expense of the applicant.
(2)
An initial condition assessment report or, in the case of a renewal,
a periodic condition assessment report.
A.
Each parking garage located in the City of Yonkers shall, at the
sole expense of the owner, undergo an initial condition assessment,
periodic condition assessments, and such additional condition assessments
as may be required, pursuant to this section.
B.
The owner of each parking garage is solely responsible for the timely
performance of conditional assessments, including, but not limited
to, payment of all associated costs and fees.
C.
Each condition assessment shall be performed by, or under the direct
supervision of, a professional engineer.
D.
A written report of each condition assessment shall be prepared and provided to the Commissioner of Housing and Buildings in accordance with § 58-42 of this article. Before performing a condition assessment of a parking garage (other than the initial condition assessment), the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.
E.
Initial condition assessment. Each parking garage shall undergo an
initial condition assessment as follows:
(1)
Existing parking garages. Existing parking garages shall undergo
an initial condition assessment in accordance with the following schedule:
(a)
Parking garages originally constructed prior to January 1, 1984:
on or before October 1, 2019.
(b)
Parking garages originally constructed between January 1, 1984
and December 31, 2002: on or before October 1, 2020.
(c)
Parking garages originally constructed after January 1, 2003:
on or before October 1, 2021.
(2)
New parking garages. New parking garages shall undergo an initial
condition assessment following construction and prior to the issuance
of a certificate of occupancy.
F.
Periodic condition assessments.
(1)
Following the initial condition assessment, parking garages shall
undergo periodic condition assessments at intervals not to exceed
three years. The Commissioner of Housing and Buildings may shorten
such period based on the findings and recommendations contained in
the written condition assessment report, including any recommendation
therein that an additional condition assessment be performed within
a specified period.
(2)
The period between required condition assessments shall be set forth
in the operating permit.
(3)
No operating permit shall be renewed unless and until the Commissioner of Housing and Buildings has received, reviewed and accepted the periodic condition assessment report required by this subsection, including any additional condition assessments required to be performed in accordance with Subsection G.
G.
Additional condition assessments.
(1)
The Commissioner of Housing and Buildings may require additional
condition assessments if recommended by the professional engineer
issuing the condition assessment report. In such event, the additional
assessment shall be performed no later than the timeframe or date
specified in such Condition Assessment Report.
(2)
If, at any time, the Commissioner of Housing and Buildings becomes
aware of any new or increased deterioration, which in the judgment
of the Commissioner of Housing and Buildings indicates that an additional
condition assessment of the entire parking garage or portion thereof
is warranted, the Commissioner of Housing and Buildings shall require
such parking garage or portion thereof to undergo an additional condition
assessment by a professional engineer no later than the date determined
by the Commissioner to be appropriate.
A.
The responsible professional engineer shall prepare, or directly
supervise the preparation of, a written report of each condition assessment,
and shall submit such report to the Commissioner of Housing and Buildings
as follows:
(1)
Initial condition assessment report: in accordance with the timetable
set forth in section of this part.
B.
Prior to performing a condition assessment of a parking garage, the
responsible professional engineer shall review and be familiar with
all industry standards that pertain to the operation, maintenance
and inspection of parking garages, including, but not limited to the
following: ACI 362.2R, Guide for Structural Maintenance of Parking
Structures (American Concrete Institute); Maintenance Manual for Precast
Parking Structures (Precast/Prestressed Concrete Institute); Parking
Facility Maintenance Manual (National Parking Association); and Condition
Assessment of Parking Structures (American Society of Civil Engineers).
C.
Such condition report shall be sealed and signed by the responsible
professional engineer, and shall include:
(1)
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that could result in an unsafe
condition or unsafe structure;
(2)
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that, in the opinion of the responsible
professional engineer, should be remedied immediately to prevent an
unsafe condition or unsafe structure;
(3)
An evaluation and description of the unsafe conditions;
(4)
An evaluation and description of the problems associated with deterioration,
conditions that cause deterioration, and/or unsafe conditions;
(5)
An evaluation and description of the corrective options available,
including the recommended time frame from remedying the deterioration,
conditions that caused deterioration, and unsafe conditions;
(6)
An evaluation and description of the risks associated with not addressing
the deterioration, conditions that caused deterioration, and unsafe
conditions;
(7)
The responsible professional engineer's recommendation regarding
preventative maintenance;
(8)
Except in the case of the report of the initial condition assessment,
the responsible professional engineer's attestation that he or
she reviewed all previously prepared condition assessment reports
available for such parking garage, and considered the information
in the previously prepared reports while performing the current condition
assessment and while preparing the current report; and
(9)
The responsible professional engineer's recommendation regarding
the time within which the next condition assessment of the parking
garage or portion thereof should be performed in making such recommendation,
the following factors shall be taken into consideration: i) the age
of the parking garage; ii) the maintenance history; iii) structural
condition; iv) construction materials; v) frequency and intensity
of use; vi) location; vii) exposure to the elements; and viii) any
other factor deemed relevant by the professional engineer in his or
her professional judgment.
D.
Review condition assessment reports. The Commissioner of Housing and Buildings shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the Commissioner of Housing and Buildings shall, by order to remedy or such other means of enforcement as the Commissioner of Housing and Buildings may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to Subsection C(2) and (3). All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the Commissioner of Housing and Buildings to take any other enforcement action, including but not limited to suspension or revocation of a parking garage's operating permit, as may be necessary or appropriate in response to the information in a condition assessment report.
E.
Retention and inspection of condition assessment reports. The Building Department shall retain all condition assessment reports for the life of a parking garage. Such reports shall be made available for inspection by the professional engineer who has been engaged to conduct a condition assessment of a parking garage, upon presentation of a written statement attesting that such professional engineer has been so engaged by the owner of such parking garage. Copies of such reports will be provided to such professional engineer upon payment of applicable copying costs as listed in § 56-6.
F.
This section shall not limit or impair the right or the obligation
of the City of Yonkers:
(1)
To perform such construction inspections as are required;
(2)
To perform such periodic fire safety and property maintenance inspections
as are required; and/or
(3)
To take such enforcement action or actions as may be necessary or
appropriate to respond to any condition that comes to the attention
of the Commissioner of Housing and Buildings by means of its own inspections
or observations, by means of a complaint, or by any other means other
than a condition assessment or a report of a condition assessment.
A.
A violation of any section of this article shall be a Class I offense.
B.
When the City obtains a judgment in any action against the owner,
in addition to the appropriate methods of enforcement of the judgment
established in the New York Civil Practice Law and Rules, such judgment
for penalties shall be assessed and collected in the same manner as
general City taxes.
