A.
Permit required.
[Amended 12-9-2002 by L.L. No. 6-2002; 12-27-2010 by L.L. No. 3-2011; 6-24-2019 by L.L. No. 3-2019]
(1)
No building or structure in any district shall be
erected, constructed or structurally altered without a building permit
duly issued upon application to the Director of Public Works.
(2)
No driveway or parking area in any residential district
and on all lots in any other district used for residential purposes
shall be constructed, installed, enlarged or replaced without a building
permit duly issued upon application to the Director of Public Works.
B.
Every application for a building permit shall be made
on forms provided by the Director and shall be accompanied by such
fee as may be prescribed from time to time in any other applicable
code or ordinance[1] and by two copies of a plot plan, drawn to scale, showing:
(1)
A survey made by a licensed surveyor showing the actual
shape, dimensions, radii, angles and area of the lot on which the
building is proposed to be erected or of the lot on which it is situated
if an existing building.
(2)
The section, block and lot numbers as they appear
on the Official City Tax Map.
(3)
The exact site, height and location on the lot of
the proposed building or buildings or alteration of an existing building
and the location on the lot of other existing buildings, if any, on
the same lot.
(4)
The location, nature and dimensions of all yards,
access driveways, off-street parking, planting and screening.
(5)
The minimum distance between the subject building
and all property lines and other existing buildings on the same lot.
(6)
The existing and intended use of all buildings, existing
or proposed, the use of land and the number of dwelling units the
building is designed to accommodate.
(7)
Such topographic or 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.
C.
The application and all supporting documentation shall
be made in duplicate. Upon the issuance of a building permit, the
Director shall return one copy of all documents filed to the applicant.
D.
No building permit shall be issued for a building
to be used for any use in any district where such use is allowed by
a special permit of the Common Council unless and until such special
permit has been duly authorized by said Council. In instances where
site plans require the approval of the Planning Commission or a certificate
of appropriateness (COA) is required of the Historic and Landmarks
Preservation Board, a building permit shall be issued only for a building
conforming to the approved site plan or COA.
[Amended 6-24-2002 by L.L. No. 2-2002]
E.
No building permit or certificate of occupancy shall
be issued for a permitted building subject to a variance granted by
the Zoning Board of Appeals except in accordance with all conditions
which may have been prescribed by such Board.
F.
No building permit shall be issued unless the applicant
has provided proof of workers' compensation insurance and disability
benefits coverage or an affidavit that the applicant has not engaged
an employer or any employees to perform work relating to the building
permit, in accordance with § 125 of the General Municipal
Law.
[Added 5-14-2007 by L.L. No. 3-2007]
G.
If a building permit is denied, the Building Inspector
shall state in writing to the applicant the reasons for such denial.
H.
Every building permit shall expire if the work authorized
has not been completed 12 months from the date of issuance of the
building permit for construction whose cost as reflected on the building
permit application is less than $1,000,000 and has not been completed
within 18 months from such date for construction costing in excess
of such amount. If no amendments to this chapter or to other codes
or regulations affecting subject property have been enacted in the
interim, the Director may authorize, in writing, the extension of
either of the above periods for an additional six months, following
which no further work is to be undertaken without a new building permit.
I.
As soon as the foundation of a building or of any
addition to an existing building is completed and before first-story
framing or wall construction is begun, there shall be filed with the
Director an accurate survey signed by the person responsible for said
survey, showing the exact location of such foundation with respect
to the street and property lines of the lot.
J.
No building permit shall be issued in relation to
any property:
[Added 1-14-2008 by L.L. No. 1-2008]
(1)
Which, at the time of the application, is in violation
of this chapter or the New York State Uniform Fire Prevention and
Building Code except in furtherance of curing the violation; or
(2)
Which is in common ownership with any other property
in the City of Peekskill which is in violation of this chapter or
the New York State Uniform Fire Prevention and Building Code; or
(3)
Which has ever been in common ownership with any other
property in the City of Peekskill that:
(a)
Is in violation of this chapter or the New York
State Uniform Fire Prevention and Building Code on the date of the
application; and
(b)
Has been in violation of this chapter or the
New York State Uniform Fire Prevention and Building Code continually
from the time that it was in common ownership with the subject property;
and
(c)
Which is not owned by an owner who purchased
the subject property in an arm's-length transaction, for fair market
value and without knowledge of the existing violation on the other
once commonly owned property. The burden of proof shall rest with
the applicant as to whether he or she is an owner who purchased the
subject property in an arm's-length transaction, for fair market value
and without knowledge of the existing violation on the other once
commonly owned property.
[Amended 7-8-1991; 3-13-2000; 3-14-2005 by L.L. No. 4-2005; 3-28-2005 by L.L. No. 11-2005; 8-21-2006 by L.L. No. 5-2006; 7-23-2012 by L.L. No.
8-2012]
A.
The following shall be unlawful until a certificate
of occupancy shall have been applied for and issued by the Director:
(1)
Occupancy and use of a building hereafter erected,
structurally altered or moved, or any change in the use of an existing
building.
(2)
Occupancy, use or any change in the use of any land.
(3)
Occupancy or use after sale or transfer of any improved
real property, including an individual condominium unit and an individual
cooperative unit which, for the purposes of this section, shall be
considered a piece of improved real property. Upon sale or transfer
of any such real property, an updated certificate of occupancy, issued
no earlier than 60 days before closing, shall be required before the
premises or unit may be used or occupied. It shall be the obligation
of the seller to apply for and obtain the updated certificate of occupancy
unless the parties agree otherwise in their contract of sale.
B.
No certificate of occupancy shall be issued for any use of a building or land allowed by special permit of the Common Council or Planning Commission as specified in Article XI of this chapter unless and until such special permit has been duly issued by said body. Every certificate of occupancy for a use for which a special permit has been granted shall contain a detailed statement of such special permit or variance and of any conditions to which the same is subject.
C.
Application for a certificate of occupancy for a new
building or for an existing building which has been altered shall
be made on forms provided by the Director after the erection or alteration
of such building or part thereof has been completed in conformity
with the provisions of this chapter or of any variance granted by
the Zoning Board of Appeals or special permit issued by the Common
Council or Planning Commission. Such certificate shall be issued within
10 days after receipt of said application, but only if all requirements
of this chapter and of all other applicable ordinances or codes in
effect are complied with. Pending the issuance of such a certificate,
a temporary certificate of occupancy may be issued by the Director
for a period of not to exceed 90 days during the completion of any
alterations that are required under the provision of any law or ordinance
or for a part of a partially completed building. Such temporary certificate
shall not be construed as in any way altering the respective rights,
duties or obligations of the owner or of the City respective to the
use or occupancy of the land or building or any other matter covered
by this chapter, and such temporary certificate shall not be issued
except under such restrictions and provisions as will adequately assure
the safety of the occupants of the building and of adjacent buildings
and land.
D.
If the proposed use is in conformity with the provisions
of this chapter and of all other applicable laws and ordinances, a
certificate of occupancy for the use of vacant land or for a change
of use shall be issued by the Director within 10 days after receipt
of a written application therefor.
E.
Fees. See the Consolidated Fee Schedule maintained in the office
of the City Clerk.
[Amended 9-25-2017 by L.L. No. 2-2017; 12-26-2017 by L.L. No. 4-2017]
F.
Every certificate
of occupancy shall state that the building or the proposed use of
a building or land complies with all provisions of law of this chapter,
of all other applicable codes or ordinances of the City and, if applicable,
with all provisions of any variance granted by the Zoning Board of
Appeals and/or special permit granted by the Common Council or Planning
Commission.
G.
Upon written
request by the owner and upon payment of a fee as designated in the
City fee schedule, the Director shall, after inspection, issue a certificate
of occupancy for any building or use thereof or of land existing at
the time of adoption of this chapter or of any applicable amendment
thereof, certifying such use, including, if applicable, the number
of employees, and whether or not the same and the building conform
to the provisions of this chapter.
H.
A record
of all certificates of occupancy shall be kept in the office of the
Director of Public Works, and copies shall be furnished on request
to any agency of the City or to any person having a legal interest
in the premises upon payment of the required fee.
[Amended 6-24-2019 by L.L. No. 3-2019]
[Amended 6-24-2019 by L.L. No. 3-2019]
A.
It shall be the duty of the Director to enforce the
provisions of this chapter and of all rules, conditions and requirements
adopted or specified pursuant thereto, literally.
B.
The Director or his duly authorized assistant(s) shall
have the right to enter any building or land at any reasonable hour
in the course of their duties. He shall maintain files of all applications
for building permits and plans submitted therewith and for certificates
of occupancy issued by him, which files and records shall be open
to public inspection.
C.
Said Director shall keep a record of every identifiable
complaint of a violation of any of the provisions of this chapter
and of the action taken consequent on each such complaint, which records
shall be public records. He shall report to the Common Council, at
intervals of not greater than three months, summarizing for the period
since his last previous report all building permits and certificates
of occupancy issued by him and all complaints of violations and the
action taken by him consequent thereon.
[Amended 3-26-1979; 11-9-1992; 3-24-2003 by L.L. No. 3-2003; 6-28-2004 by L.L. No. 10-2004]
A.
Except as is provided in Subsection B for violations of § 575-50 of this chapter, after the fifth day following written notice, served by certified mail or by personal service, by the Director to the effect that a violation of any provisions of this chapter exists, for any and every such violation the owner, general agent or contractor of a building or premises or part thereof where such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who commits, takes part or assists in such violation, shall be subject to a penalty of not less than $50 nor more than $1,000 for each violation. In addition to the fines and penalties set forth herein, a party convicted of a violation of this chapter shall pay all costs and expenses incurred by the City in determining such violation. Each and every day that any such violation continues to exist shall constitute a separate additional violation.
[Amended 7-23-2012 by L.L. No. 8-2012]
B.
No prior written notice of violation or request to cure shall be required to enforce the provisions of § 575-50 of this chapter. The owner of the property shall be strictly liable for violations of § 575-50 regardless of whether the owner has received actual or constructive notice of the violations. For any such violation, the owner of a building or premises or part thereof where such violation has been committed or shall exist shall be subject to a penalty of not less than $5,000 nor more than $10,000 for the first day of each such violation and no less than $1,000 nor more than $5,000 for each and every day that any such violation continues thereafter to exist. In addition to the fines and penalties set forth herein, a party convicted of a violation of this chapter shall pay all costs and expenses incurred by the City in determining such violation.
[Amended 7-23-2012 by L.L. No. 8-2012]
C.
Penalties shall be collected and violations of this
chapter shall be prosecuted in the manner prescribed by law or ordinance
effective in the City of Peekskill.
D.
Nothing in this chapter shall prevent any property
owner or resident of the City, the City itself, any board or agency
of the City or any person residing on or owning property outside the
City from availing themselves of any lawful remedy in preventing or
abating any violation of any provision of this chapter.
