Peekskill City Zoning Code
ARTICLE IX
Administration and Enforcement
§ 575-49 Building permits.
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.
§ 575-50 Certificate of occupancy.
[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]
§ 575-51 Duties of Director of Public Works.
[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.
§ 575-52 Penalties for offenses.
[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.