[Adopted 6-10-1985; amended in its entirety 7-29-1996 (Ch. 138, Art.
I of the 1984 Code)]
This article shall be known as the "Commercial
Maintenance Code of the City of Peekskill."
This article shall apply to all premises and
commercially zoned lots within the City of Peekskill, except those
premises used solely for residential purposes. Mixed-use structures
shall be covered by this article.
Structures shall be kept in structurally sound
condition capable of sustaining the loads for which intended and used.
Structures shall be maintained free of insect,
vermin, fowl and rodent harborage and infestation.
Surface and subsurface water shall be appropriately
drained to protect buildings and structures and to prevent ponding.
Fences, walls and other minor constructions
shall be maintained in safe, good and substantial condition.
Building and stanchion lighting shall be maintained
in safe and working condition.
[Amended 6-24-2019 by L.L. No. 3-2019]
The Director of Public Works or his duly authorized
assistant(s) shall have the right to enter any structure or land covered
by this article at any reasonable hour in the course of their duties
to inspect the same for compliance with this article and the New York
Uniform Fire Prevention and Building Code.
[Amended 1-11-1999; 3-13-2000]
A first offense against the provisions of Article
I of this Chapter
230 will be punishable by a fine of not less than $150 and not more than $250. A second offense against this Article
I will be punishable by a fine of not less than $250 and not more than $500. All subsequent offenses against this Article
I will be punishable by a fine of not less than $500 and not more than $1,000 or by imprisonment for a term not to exceed 15 days, or both. Each day a violation of this chapter is committed or permitted to continue will constitute a separate offense and will be punishable as such hereunder.
[Amended 6-24-2019 by L.L. No. 3-2019]
The Director of Public Works, upon his written
finding that a violation of this article exists which, in his opinion,
requires immediate action to abate a direct hazard or immediate danger
to the health, safety or welfare of the occupants of a building or
the public, may issue an order citing the violation and directing
that such action be taken as is necessary to remove or abate the hazard
or danger. Such notice shall be accompanied by a written report prepared
by him or his subordinates at his direction, detailing the unsafe
condition of the building, and shall contain notice of a hearing to
be held before him on at least one day's notice. Such order may include
an order to vacate. Notwithstanding any other provisions of this article,
such an order shall be effective 24 hours after service and shall
be complied with by said effective time or as otherwise provided.
Nothing in this article shall prevent the City
from availing itself of any lawful remedy in preventing or abating
any violation of any provision of this article.
[Amended 5-14-2007 by L.L. No. 3-2007; 3-12-2012 by L.L. No. 4-2012]
A. The Director of Public Works, upon written finding that a property owner has not complied with a violation notice issued under this article and that continuance of the violation cited would be hazardous or detrimental to surrounding properties and the property upon which the violation exists, may cause said violation to be abated by the City pursuant to the procedures set forth in §
C205 of the City Charter.
[Amended 6-24-2019 by L.L. No. 3-2019]
B. In the event that an owner of an occupied or unoccupied commercial and mixed-occupancy premises shall fail to maintain the same as required under this article, the City Manager or City Manager’s designee, in lieu of or in addition to written violation, may serve written abatement notice on the owner and the owner's representative and may cause such work to be undertaken by or on behalf of the City, pursuant to the procedures set forth in §
C205 of the City Charter.
[Adopted 1-9-1996 (Ch. 138, Art. II, of the 1984 Code)]
[Amended 5-14-2007 by L.L. No. 3-2007;
amended 6-24-2019 by L.L. No. 3-2019]
Any person who is required to furnish heat pursuant
to this article shall cause the device, system or both which provides
such heat to be inspected annually by a person qualified to make such
inspection. A record of such inspection shall be maintained on the
premises and a copy shall be furnished to the Department of Public
Works upon request.
[Amended 5-14-2007 by L.L. No. 3-2007; 6-24-2019 by L.L. No. 3-2019]
In the event of failure or malfunction of the
device, system or both which provides heat to a building or part thereof
as required by this article, the Department of Public Works may require
that the owner, agent or responsible person in charge shall provide
an acceptable and safe method of providing heat until the failure
or malfunction is repaired, but nothing herein shall be construed
to remove the obligation to repair the failure or malfunction.
Notwithstanding any other provision of the City Code of the City of Peekskill, a notice of violation of any of the provisions of this Article
II may be served upon any owner, agent or responsible person in charge of a building for which heat is required to be furnished pursuant to this article. Such notice shall specify the date of the violation and the remedial measures to be undertaken if the same are readily identifiable and shall provide that the condition must be rectified within 24 hours. Such service may be effected by personal delivery or by posting a copy of the notice upon the affected premises and mailing a copy of said notice to the owner, agent or responsible person in charge by certified mail.
[Amended 5-14-2007 by L.L. No. 3-2007]
Any person convicted of a violation of any of the provisions of this Article
II of Chapter
230 shall be liable for a fine of not less than $25 nor more than $100 for a first offense and a fine of not less than $50 nor more than $250 and/or a term of imprisonment not exceeding 10 days for each subsequent offense. For purposes of this section, each twenty-four-hour period during which a premises remains in violation shall constitute a separate offense.