[HISTORY: Adopted by the Council of the City
of New Rochelle 2-12-1969 by L.L. No. 3-1969. Sections 221-2C(1) and
(4) and 221-12 amended at time of adoption of Code; see Ch. 1, General
Provisions. Other amendments noted where applicable.]
As used in this chapter, the following terms
shall mean and include:
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.
[Added 9-22-2020 by Ord.
No. 2020-99]
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.
[Added 9-22-2020 by Ord.
No. 2020-99]
A building, shed or enclosure or any portion thereof which
has the capacity to hold five or more motor vehicles and which is
used to accommodate, store or keep any motor vehicle for the payment
of a fee or other consideration charged directly or indirectly.
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:
[Added 9-22-2020 by Ord.
No. 2020-99]
Any outdoor space or uncovered plot of ground which has the
capacity to hold five or more motor vehicles and is used to accommodate,
store or keep any motor vehicle for the payment of a fee or other
consideration charged directly or indirectly.
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.
[Added 9-22-2020 by Ord.
No. 2020-99]
The 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.
[Added 9-22-2020 by Ord.
No. 2020-99]
Conditions including those identified as "unsafe" in Sections
304.1.1, 305.1.1 and 306.1.1 of the 2015 International Property Maintenance
Code (a publication currently incorporated by reference in 19 NYCRR
Part 1226).
[Added 9-22-2020 by Ord.
No. 2020-99]
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.
[Added 9-22-2020 by Ord.
No. 2020-99]
A.
It shall be unlawful for any person to maintain, operate or conduct a parking lot or garage without a license therefor, issued by the City Clerk. An operating permit shall be required for operating a parking garage as defined in § 221-1 of this chapter.
[Amended 9-22-2020 by Ord. No. 2020-99]
B.
A license to maintain, operate or conduct a parking lot or garage shall be granted to a person of good character, in accordance with the provisions of this chapter and the rules and regulations of the City Clerk. An operating permit shall be required for all parking garages as defined in § 221-1 of this chapter.
[Amended 9-22-2020 by Ord. No. 2020-99]
C.
Fees.
(2)
No refund shall be made for a license canceled before
expiration.
(3)
Every such license shall expire on the 30th day of
April next succeeding the date of issuance thereof.
(4)
[Amended 10-19-2021 by Ord. No. 2021-139]
The provisions of this chapter shall not apply to the maintenance, operation or conduct of a parking lot or garage by the City or any agency thereof or to premises used exclusively for the dead storage of motor vehicles or any parking space which is maintained solely for the accommodation of employees, patrons and/or invitees of the owner or lessee of said parking space, provided that no parking fee is charged, nor shall they apply to parking lots maintained solely for tenants of multiple dwellings. The exemptions prescribed in this section shall not apply to parking garages as defined in this chapter for purposes of the required condition assessment report noted in § 221-13.
Each applicant for such license shall file with
the City Clerk a written application in such form and containing such
information as may be prescribed by the City Clerk.
[Added 9-22-2020 by Ord.
No. 2020-99]
Each applicant for such operating permit shall file with the Building Official a complete written application in such form and containing such information as described in § 221-13.
A.
Every applicant for a license to maintain, conduct
or operate a parking lot or garage shall file with the City Clerk
a schedule of rates showing the prices charged for daily, weekly and
monthly parking or storage of motor vehicles.
B.
Each such licensee shall post conspicuously at the
public entrance to the parking lot or garage a sign composed of letters
and figures at least six inches in height. Such sign shall set forth
the schedule of rates charged, the hours during which such parking
lot or garage will remain open for business and the maximum capacity
of such parking lot or garage. Where more than one rate is charged
for the parking or storage of a motor vehicle, the letters and figures
designating each such rate shall be of the same size and dimensions.
C.
No licensee shall make any charge for parking or storing in a parking lot or garage in excess of the rates set forth in the schedule filed with the City Clerk unless, and until at least 90 days prior to the effective date of such changed rates, such licensee has filed with the City Clerk, in writing, such change in rates and has posted such changed rates on signs which conform to the requirements of Subsection B hereof.
No license issued under the provisions of this
chapter shall be transferred or assigned to any person or used by
any person other than the licensee to whom it was issued, nor shall
such license be used at any location other than the location stated
in such license.
[Added 9-22-2020 by Ord.
No. 2020-99]
(Reserved)
Every licensee, at the time of accepting a motor
vehicle for parking or storage, shall furnish to the driver of such
vehicle a distinctive claim check acknowledging the receipt of the
vehicle and showing the date of such acceptance. Every such claim
check shall contain the name of the licensee and his license number.
Such licensee shall not be required to issue a claim check for any
vehicle which is parked or stored on a weekly or monthly basis, nor
for any vehicle parked in a parking lot where the patrons are permitted
to park and lock their own cars.
A.
No motor vehicle shall be accepted by a licensee for
parking or storage in excess of the capacity of the parking lot or
garage, as shown in the license. Whenever the maximum capacity of
a parking lot or garage has been reached, the licensee shall post,
at the public entrance thereof, a sign, composed of letters at least
six inches in height, stating that such maximum capacity has been
reached.
B.
Vehicles shall be stored or parked on the licensed
premises in such manner as shall be prescribed by the rules and regulations
of the City Clerk, for the purpose of safeguarding persons and property
and permitting adequate inspection of the premises.
Every license issued pursuant to this chapter
shall be subject to suspension or revocation upon the failure of such
licensee to pay or satisfy any judgment secured against him by anyone
who parked or stored a motor vehicle in the parking lot or garage
licensed hereunder, provided that such judgment was secured in a court
of competent jurisdiction against the licensee for acts of commission
or omission with regard to the business maintained, operated or conducted
by him pursuant to the license issued hereunder.
The City Clerk may promulgate such rules and
regulations as may be necessary to carry out the provisions of this
chapter.
Any license may be suspended or revoked by the
City Clerk, and any application for a renewal thereof denied, for
the failure of the licensee to comply with any applicable provision
of law or any rule or regulation duly promulgated by the City Clerk.
No license shall be revoked unless and until notice and an opportunity
to be heard shall have been given to the licensee.
Any person who shall violate or fail to comply
with any provision of this chapter or any rules or regulations promulgated
thereunder shall, upon conviction thereof, be punished by a fine of
not more than $250 for each offense or by imprisonment for not more
than 15 days, or by both.
[Added 9-22-2020 by Ord.
No. 2020-99]
A.
Operating permits.
(1)
Operating permit required. An operating permit shall be required for operating a parking garage, as defined in § 221-1 of this chapter.
(2)
Applications for operating permit. An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Building Official or the Building Official's duly authorized representative and shall be accompanied by the applicable fee, as set forth in Chapter 133 of the Municipal Code. Such application shall include such information as the Building Official deems sufficient to make a determination that the subject parking garage conforms to the requirements of the New York State Uniform Fire Prevention and Building Code ("Uniform Code") and this Code, as they pertain to the structural integrity of the parking garage.
(3)
Inspection. As a condition to the issuance of an operating permit,
the subject parking garage must have a current and satisfactory Fire
Prevention and Building Maintenance Inspection Report (or Certificate)
issued by the City of New Rochelle Building Department. The inspection
must confirm that the subject parking garage conforms to the requirements
of the New York State Uniform Fire Prevention and Building Code ("Uniform
Code") and the New Rochelle Municipal Code as they relate to structural
integrity of the building/structure.
(4)
Additional tests and reports. The Building Official, or the Building
Official's duly authorized representative, may require such tests,
reports, repairs and/or renovations as deemed necessary to verify
or obtain compliance with the Uniform Code and this Code as they pertain
to the structural integrity of the parking garage. 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
Building Official, at the expense of the applicant.
(5)
Duration of operating permit.
(a)
Initial operating permit. An initial operating permit issued to the owner of a parking garage in accordance with the terms of this section shall be effective until such time as the Building Official receives and accepts the initial condition assessment of such parking garage, as provided for in § 221-13 B(2) of this chapter.
(b)
Renewals.
[1]
Subject to the requirements of § 221-B(3) of this chapter (Periodic condition assessments), a duly issued operating permit may be renewed upon application to the Building Official and payment of the applicable fee, as set forth in Chapter 133.
[2]
Operating permits will be renewed for periods of three years, subject to the provisions of § 221-13B(4) (Additional condition assessments).
(6)
Violations. Failure to comply with and/or conform to any applicable provision of the Uniform Code or this Code, as determined by the Building Official or the Building Official's authorized representative, may result in a fine as provided for in § 221-13 of this chapter, and/or revocation or suspension of such operating permit. The decision to suspend or revoke such operating permit shall rest solely with the Building Official, who in his or her discretion may reinstate such operating permit upon submission of such evidence as he or she deems appropriate that the offending condition has been remedied.
B.
Condition assessments.
(1)
General requirements.
(a)
Each parking garage located in the City of New Rochelle shall, at the sole expense of the owner, undergo an initial condition assessment as described in § 221-13B(2) of this chapter. Periodic condition assessments as described in § 221-13B(3) of this chapter, and such additional condition assessments as may be required under § 221-13B(4) of this chapter.
(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 Building Official in accordance with § 221-13B(5) of this chapter.
(e)
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.
(2)
Initial condition assessment. Each parking garage in the City of
New Rochelle shall undergo an initial condition assessment as follows:
(a)
Existing parking garages. Existing parking garages shall undergo
an initial condition assessment in accordance with the following schedule:
[1]
Parking garages originally constructed prior to January 1, 1984:
on or before October 1, 2019.
[2]
Parking garages originally constructed between January 1, 1984,
and December 31, 2002: on or before October 1, 2020.
[3]
Parking garages originally constructed after January 1, 2003:
on or before October 1, 2021.
(b)
New parking garages. New parking garages shall undergo an initial
condition assessment following construction and prior to the issuance
of a certificate of occupancy or certificate of compliance.
(3)
Periodic condition assessments.
(a)
Following the initial condition assessment, parking garages
shall undergo periodic condition assessments every three years. The
Building Official 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.
(b)
The period between required condition assessments shall be set forth in the operating permit, as provided for in § 221-13B(5) of this chapter.
(c)
No operating permit shall be renewed unless and until the Building Official 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 B(4) of this section.
(4)
Additional condition assessments.
(a)
The Building Official 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 time frame or date specified in such
condition assessment report.
(b)
If, at any time, the Building Official becomes aware of any
new or increased deterioration, which in the judgement of the Building
Official indicates that an additional condition assessment of the
entire parking garage or portion thereof is warranted, the Building
Official 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.
(5)
Condition assessment reports.
(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 Building Commissioner as follows:
[1]
Initial condition assessment report: in accordance with the timetable set forth in § 221-13B(2) of this chapter.
[2]
Periodic condition assessment report: at least 30 days prior
to the expiration of the operating permit.
(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:
[1]
ACI 362.2R, Guide for Structural Maintenance of Parking Structures
(American Concrete Institute);
[2]
Maintenance Manual for Precast Parking Structures (Precast/Prestressed
Concrete Institute);
[3]
Parking Facility Maintenance Manual (National Parking Association);
and
[4]
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 for 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:
[a]
The age of the parking garage;
[b]
The maintenance history;
[c]
Structural condition;
[d]
Construction materials;
[e]
Frequency and intensity of use;
[f]
Location;
[g]
Exposure to the elements; and
[h]
Any other factor deemed relevant by the professional
engineer in his or her professional judgement.
(6)
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 the appropriate fee as set forth in Chapter 133 of the Municipal Code.
(7)
Enforcement.
(a)
The Building Official shall take appropriate enforcement action
in response to information contained in the condition assessment report
as may be necessary to protect the safety and welfare of public, including,
but not limited to, issuance of an order of remedy directing the owner
of the parking garage to repair or otherwise remedy any deterioration,
conditions that cause deterioration, and/or unsafe conditions identified
in the condition assessment report.
(b)
This section shall not limit or impair the right of the Building
Official and/or the City of New Rochelle to take any other enforcement
action, including, but not limited to, the imposition of a fine, and/or
suspension or revocation of a parking garage's operating permit, as
may be necessary or appropriate in response to the information contained
in a condition assessment report, as determined by the Building Official.
(8)
Conflict of terms. In the event of any inconsistency between the
provisions of this section and any other provision of this Code, this
section shall govern and control.
(9)
No limitation of rights.
(a)
The section shall not limit the right or obligation of the City
of New Rochelle to:
[1]
Perform such construction inspections as are required by the
stricter of 19 NYCRR Part 1203 (b) or this Code;
[2]
Perform such periodic fire safety and property maintenance inspections
as required by the stricter of 19 NYCRR Part 1203 (h) or this Code;
[3]
Take such enforcement action(s) as may be necessary and appropriate
to respond to any condition that comes to the attention of the City
of New Rochelle.
(b)
Use of the term "responsible professional engineer" in this
section shall not be construed as limiting the professional responsibility
or liability of any professional engineer, or any other licensed professional,
who participates in the preparation of a condition assessment without
being the responsible professional engineer for such condition assessment.
