Mount Vernon City Zoning Code
ARTICLE X
Enforcement and Administration
§ 267-51 Enforcement.
A.
General. No board, agency, officer or employee of the City shall issue, grant or approve any permit, license, certificate or other authorization for any construction or alteration of any building or structure or for any use of land, building or structure that would not be in full compliance with the provisions of this chapter, except as permitted under Article IX of this chapter.
B.
Enforcing authority. The provisions of this chapter or any rules or regulations authorized hereunder shall be enforced by the Building Commissioner or a designated member of his Department.
(1)
The Building Commissioner and his duly authorized assistants shall maintain files of all applications for building permits and site plans submitted therewith and for certificates of occupancy, and records of all building permits and certificates of occupancy issued by them, which files and records shall be open to public inspection.
(2)
The Building Commissioner 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.
§ 267-52 Permits.
Except under written authorization of the Board of Appeals, as provided in Article IX of this chapter, no building permit shall be issued for any land, building or structure where said action would be in violation of any of the provisions of this chapter.
A.
Every application for a building permit as required by the Building Commissioner shall be accompanied by a site plan as required in Article VII of this chapter. The application shall be made in triplicate. When site plan approval by the Planning Board is not required by Article VII of this chapter, the Building Commissioner, in reviewing such site plan, shall be guided by the standards as set forth in Chapter 267, Article VII of this chapter. On issuance of a building permit, the Building Commissioner shall return one copy of all documents filed to the applicant.
B.
If a permit is denied, the Building Commissioner shall state in writing to the applicant the reason for such denial.
C.
Permit requirements.
(1)
It shall be the responsibility of the permit holder to conspicuously post the permit and maintain the approved plans at the job site until the work is completed and the inspections are passed.
(2)
It shall be the responsibility of the permit holder to request in writing the required inspections, or required reinspections, at least 72 hours in advance. The permit holder shall not cause any conditions, and/or proceed with any construction phase, that would prevent a required inspection to be fully carried out and passed by the Building Official.
(3)
The Building Official shall advise the permit holder in writing of the result of a required inspection within 24 hours.
(4)
The requested inspection or reinspection shall not be carried out if any one of the following conditions exist:
(5)
At completion of work, it shall be the responsibility of the permit holder to submit the documentation required by codes and conditions of the permit, and apply for the type of compliance certificate listed on the permit.
§ 267-53 Certificates of occupancy and certificates of tenancy.
Except under written authorization of the Board of Appeals, as provided in Article IX of this chapter, no certificate of occupancy or certificate of tenancy may be issued unless such occupancy is in complete conformity with the provisions of this chapter. A certificate of occupancy may continue in effect as long as such occupancy or use is in full compliance with the provisions of this chapter and any requirements made in connection therewith at the time of the issuance thereof. The details of any detailed statement or plan approved by the City Council, Planning Board, Building Commissioner, Board of Appeals or Architectural Review Board, acting under the terms of this chapter, and any conditions attached to such approval, shall be deemed to be such requirements.
A.
Application. All applications for certificates of occupancy or certificates of tenancy shall be on forms furnished by the Building Commissioner. Such certificates shall be issued no less than 30 days after review and approval by the Building Department, provided that all applicable codes or ordinances in effect are complied with. In the event that the Building Commissioner denies a certificate of occupancy, notice of the denial setting forth the reasons therefor shall be sent to the applicant within 15 days after receipt of the written application.
B.
Conditional temporary certificates of occupancy.
(1)
A conditional temporary certificate of occupancy may be issued by the Building Commissioner for a period not to exceed 90 days during the completion of any alterations that are required under the provision of any law or ordinance. Conditional temporary certificates may be renewed by the Building Commissioner for periods not exceeding 90 days, but in no event shall temporary certificate renewals exceed a total of six months. Such conditional temporary certificates 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 section, and such conditional temporary certificates shall not be issued except under such restrictions and provisions as will adequately assure the health, safety and welfare of the occupants of the building and of adjacent buildings and land.
(2)
No conditional temporary certificate of occupancy shall be issued when the landscaping, screening and/or lighting required pursuant to any City Board approval granted in conjunction with approval of a building permit is not completed, unless the applicant of such certificate complies with the following requirements:
(a)
Submit, prior to the issuance of such certificate, a performance bond issued by an insurance company authorized to do business in the State of New York, guaranteeing satisfactory completion of the work required within the limitation of the certificate, or any extension thereof, in a sum equal to the cost of the work, as estimated by the Commissioner of Buildings; and
(b)
Submit a signed and notarized agreement that the work shall be completed as approved within the time limitation of the certificate or any extension thereof.
(c)
If the work to be completed is limited to the work required to be performed within the City's right-of-way, such as, but not limited to, sidewalk, trees and/or lampposts, the applicant may choose to submit a certified check made to the order of the City of Mount Vernon, in a sum equal to the cost of the work, as estimated by the Commissioner of Buildings, plus 15% administrative cost, together with the agreement listed above, which shall additionally authorize the City of Mount Vernon to perform the work should the applicant exceeds the time limitation and any extension thereof.
(3)
For the following regulations, Chapter 267, Article X § 267-53C through and including H, unless otherwise specified, the term "certificate of occupancy" shall be deemed to mean either a "certificate of occupancy" or a "certificate of tenancy," as the case may be. For a certificate of occupancy, the term building shall be deemed to mean building and land, or land when no structure exists at the premises. For a "certificate of tenancy," the owner shall be deemed to mean the business owner and the building, the tenancy space.
C.
Every certificate of occupancy shall state that the building and the use of the building and/or land complies with all provisions of this chapter and all other ordinances of the City that pertains to the construction, occupancy and use of such building or land.
D.
Each certificate of occupancy shall be deemed to authorize and is required for both initial and continued occupancy and use of the building and/or land to which it applies.
E.
Upon written request by the owner, the Building Commissioner 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, certifying such use and whether or not the same and the building conform to the provisions of this chapter.
F.
It shall be unlawful to occupy and use a land, structure or tenancy space, other than a one-or two- family dwelling, if the certificate of occupancy or tenancy is not kept on the premises and made available for inspection at any time upon request from a Building Official or other official representing the City of Mount Vernon.
G.
The certificate of occupancy shall become invalid if the building, land or tenancy, as applicable, is not used or occupied in complete compliance with all the provisions of the certificate of occupancy. The owner shall be responsible to obtain all necessary permits to return the premises to code compliant conditions within the specified time. Failure to do so shall lead to the revocation of the certificate. The time shall be as specified by applicable code or as specified on the notice of violation. The most restrictive time shall take precedence, but in no case shall it exceed one year.
H.
No occupancy shall be permitted in a building which certificate of occupancy have been revoked. No occupancy shall be permitted in any the parts of the building which are used and occupied in noncompliance with the certificate of occupancy, or/and have been altered so as to become noncompliant with life, fire and safety code requirements such as required means of egress, fire separation, fire detection, fire suppression and structural integrity.
I.
Annual required inspections. Inspections of places of public assembly and common areas of multiple dwellings shall be annually conducted by the Building Official as a condition of the certificate of occupancy or certificate of tenancy.
(1)
It shall be the responsibility of the owner of the building, the owner of the business for a tenancy space, or a duly authorized agent, to request the annual inspection in due time. The applicant shall be charged a late fee for failure to apply for an inspection 30 days prior to the due date.
(2)
The Building Commissioner shall keep records of the annual inspections and issue the appropriate certificate of inspection to the applicant, or the result of a failed inspection. Such certificate shall certify that the spaces subject to the inspections are in compliance with the requirements of the certificate of occupancy or certificate of tenancy for these spaces.
(3)
No certificate of inspection may be issued if violations of the certificate of occupancy or tenancy are identified.
(4)
Public assembly spaces:
(a)
The maximum number of occupants for each public assembly space shall be listed in the certificate of occupancy.
(b)
Each assembly space shall be inspected yearly. Each assembly space shall receive a certificate of inspection issued by the Building Commissioner. The certificate for assembly space shall be the occupancy sign, which shall list the use of the space, the maximum number of occupants, and the dates of issuance and expiration, in addition to the specific identification of the premises and the space.
(c)
It shall be unlawful to occupy a public assembly space without an occupancy sign conspicuously posted.
(5)
Multiple dwellings:
(a)
The common areas of a multiple dwelling shall be inspected yearly by a Building Official.
(b)
The certificate of multiple dwelling inspection shall list the date of inspection, the name of the Building Official, the name of the building owner, the name and phone number of the building superintendent, the date of any other required inspections such as sprinkler system, elevators, etc., and the date of issuance and expiration of the certificate. The certificate shall be kept on the premises with the certificate of occupancy.
§ 267-54 Site work and construction activity.
No site clearing, excavation or other similar activity in preparation for construction shall be permitted until and unless a permit or approval for such activity has been issued by the Commissioner of Buildings and/or the appropriate City agency or official and any required bond has been posted therefore. Once construction has been started it shall be diligently prosecuted to completion. In the event that construction is halted or unreasonably delayed, and, in the opinion of the Building Commissioner, such halt or delay may create a safety or health hazard or an adverse impact on the environment or the neighborhood in which it is located, said Building Commissioner may order a termination of construction activities on the site and the immediate restoration of the site to a safe, healthful and attractive condition.
§ 267-55 Fees.
For the purpose of defraying the professional and administrative costs involved in the review of applications and appeals, including the cost of preparing and publishing legal notices as required by law, all applications shall be accompanied by a fee payable to the City of Mount Vernon in the amounts prescribed below. This fee shall be waived where the applicant is an agency of the City:
A.
Each application or petition requesting any amendment, supplement, change, modification or repeal of any provision of this chapter, including the Zoning Map: $2,000, but not less than $2,000 per acre for any application requesting a map change.
B.
Each application for site plan approval: $500, plus $20 for each required off-street parking and loading space.
C.
Each application for a special permit: $500, plus the required site plan application fee.
D.
Each application for an area variance: $250 for existing one- and two-family dwellings, $1,000 for existing uses, other than one- and two-family dwellings, $2,000 for new structure or new development of any use.
E.
Each application for a use variance: $2,000.
F.
$500 for each lot requiring area variances for reapportionment.
G.
$1,000 for each lot requiring area variances for a subdivision.
H.
Application for an interpretation of the Zoning Code to the Board of Appeals: $350 per interpretation.
§ 267-56 Penalties for offenses; stop-work order.
A.
Penalties.
(1)
Any person who shall violate any provision of this chapter or any other regulation made under authority conferred thereby, or who shall build or alter any structure in violation of any statement or plan submitted and approved thereunder, or who shall knowingly assist therein, shall be liable to a fine or imprisonment, or both; such fine and imprisonment to be in accordance with the following schedule:
(a)
For each conviction, a fine not to exceed $1,000 or imprisonment not exceeding 15 days or both.
(2)
Each day's continued violation shall constitute a separate and additional violation. In addition to the foregoing provisions, the City shall have such other remedies for any violation or threatened violation of this chapter as is now or may hereafter be provided by law. The application of any above penalty shall not be held to prevent any action under § 267-56B below.
B.
Prevention. In case any land or structure is used, erected, constructed, altered or maintained in violation of this chapter or of any regulation, restriction or requirement made pursuant thereto, including any statement or plan submitted and approved thereunder, in addition to other lawful remedies, any appropriate action or proceedings may be instituted to prevent such unlawful use, erection, construction, alteration or maintenance; to restrain, correct or abate such violation; to prevent the occupancy of such structure or land; or to prevent any illegal act, conduct, business or use in or about such premises. Whenever the Building Commissioner has reasonable grounds to believe that work on any structure is being conducted in violation of the provisions of this chapter, or not in conformity with any regulation, restriction or requirement made pursuant thereto, including any written statement or plan submitted and approved hereunder, or in an unsafe or dangerous manner, he shall issue a stop-work order pursuant to the provisions of Article III of the Mount Vernon Building Code.