Port Jervis City Zoning Code
ARTICLE XVII
Enforcement
§ 535-91 Building permit.
No building in any district shall be erected, reconstructed, or restored, or structurally altered, without a building permit duly issued upon application to the Building Official. No building permit shall be issued unless the proposed structure or use is in full conformity with all the provisions of this chapter. Any building permit issued in violation of the provisions of this chapter shall be null or void and of no effect, without the necessity for any proceedings for revocation or nullification thereof, and any work undertaken or use established pursuant to any such irregularly issued permit shall be unlawful.
A.
Information of application. Every application for a building permit shall contain the following information and be accompanied by the required fee and by a plot plan drawn to scale and signed by the person responsible for such drawing. If no such plot plan is available, a survey, prepared by a New York State licensed engineer or land surveyor, is required.
(1)
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 latest tax records;
(3)
The exact size and locations on the lot of the proposed building or buildings or alteration of an existing building and of other existing buildings on the same lot;
(4)
The dimensions of all setbacks in relation to the subject building and the distances between such building and any other existing buildings on the same lot;
(5)
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; and
(6)
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.
B.
Access. No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as stipulated in New York State General City Law.
C.
Site plan approval. No building permit shall be issued for any building subject to site plan approval by the Planning Board, or subject to review by the Design Review Board, except in conformity with the plans approved by either or both of said boards, as appropriate.
D.
Conditional use permit. No building permit shall be issued for a building to be used for any conditional use in any district where such use is subject to approval by the Planning Board unless and until such approval has been duly granted by the Planning Board.
E.
Variance. No building permit shall be issued for a building permitted 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.
Copies. The building permit application and all supporting documentation shall be made in such number of copies as may be required by the Building Official. On the issuance of a building permit, the Building Official shall return one copy of all filed documents to the applicant.
G.
Action. The Building Official shall, within 10 days after the filing of a complete and properly prepared application, either issue or deny a building permit. If a building permit is denied, the Building Official shall state in writing to the applicant the reason for such denial.
H.
Expiration. Every building permit shall expire if the work authorized has not been commenced within three months after the date of issuance, or has not been completed 12 months from such date for construction costing less than $1,000,000, and has not been completed within 18 months from such date for construction cost in excess of that amount. If no amendments to this chapter or to other codes or regulations affecting subject property have been enacted in the interim, the Building Official 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.
Location survey. 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 Building Official 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, as well as the locations of water service and sewer service lines, if applicable.
J.
Fees.
(1)
General. Fees for various functions and services of the Building Official, Building Department and Planning Board shall be as provided in Chapter 280, Fees.
(2)
Renewal or extension of building permits. In the event that an individual holding a building permit fails to complete the work covered by the permit prior to the expiration of the permit, a fee equal to twice the fee charged for the prior permit will be required on the permit renewal. The fee will be double the prior fee each time a renewal is required. This requirement shall take effect on September 1, 2003.
(3)
Mailing lists and lot coverage information for Planning Board and Zoning Board of Appeals.
(a)
A fee as provided in Chapter 280, Fees, shall be paid to the City Assessor's office for mailing lists of property owners for Planning Board and Zoning Board of Appeals applications.
(b)
A fee as provided in Chapter 280, Fees, shall be paid to the City Assessor's office for a record search on lot coverage of specific properties for a Zoning Board of Appeals applicant. Where the lot coverage information is requested on the same property owners that would be on the mailing list [Subsection J(3)(a) above] the fee will include the mailing list and lot coverage information. Where the lot coverage owners list and information is different from the mailing list, fees as provided in Chapter 280, Fees, shall be paid for the lot coverage information and for the mailing list.
K.
Any property owner, owner's agent, architect, engineer or contractor found to have started to construct, erect, reconstruct, restore, repair, renovate, alter or structurally alter any structure without a proper building permit and all necessary documents as required by this chapter and 19 NYCRR 444 shall be required to pay triple all prescribed fees set above.
L.
If, in the opinion of the Building Official or his representative, it is determined that the actual cost of construction exceeded the amount set forth in the application for the building permit by more than 20%, he shall not be obligated to issue a certificate of occupancy until the additional fee is paid.
M.
Inspection(s) requested of the Building Official or his representative, by the Department of Social Services or any other governmental agency shall not be done unless the fee for said inspection(s) is paid in advance by the owner of the structure to be inspected. The fee shall be as provided in Chapter 280, Fees. Payment must be made by cash, certified check, cashier's check or money order. Canceled inspections will result in the City's retaining an administrative fee as provided in Chapter 280, Fees, but refunding the balance to the owner.
N.
Sidewalk and curb installations for new construction and/or substantial redevelopment of existing building sites.
(1)
The location of existing and/or proposed adjacent curbs, driveway aprons and sidewalks shall be shown on the plot plan drawn to scale. Proposed curbs, driveway aprons and sidewalks shall be installed in compliance with installation details required for same by the City of Port Jervis Department of Public Works. Corner lots shall provide compliant handicap curb ramps at each corner or designated crosswalk adjacent to a Port Jervis City street compliant with the Americans with Disabilities Act of July 26, 1990, and all amendments thereto.
(2)
Sidewalk and driveway apron material shall be a suitable impervious surface, i.e., blacktop, bluestone slate, concrete or paver materials specifically manufactured for use as a walking surface.
(3)
Curbing shall be concrete installed as detailed above. Substitutes for concrete curbing shall be approved by the Director of the Department of Public Works or his representative prior to installation. Compliance with the above requirements must be gained prior to issuance of final certificate of occupancy by the Building Official or his representative for all new construction and/or substantial redevelopment of existing building site(s).
(4)
Exception. If, due to existing site or street conditions, the above requirements create a hazard, detriment or undue hardship of any kind, the property owner must gain a waiver in writing from the Director of the Department of Public Works or his representative prior to requesting final inspection for a certificate of occupancy from the Building Official or his representative.
§ 535-92 Certificate of occupancy/compliance.
A.
Actions requiring certificates. The following shall be unlawful until a certificate of occupancy/compliance shall have been applied for and issued by the Building Official or his representative:
B.
Conditional use. No certificate of occupancy/compliance shall be issued for any conditional use of a building or of land requiring conditional use approval by the Planning Board or for any land or use requiring site plan approval by the Planning Board unless and until such conditional use or site plan approval has been duly granted by the Planning Board. Every certificate of occupancy/compliance for which conditional use or site plan approval has been granted by the Zoning Board of Appeals shall contain a detailed statement of any condition to which the same is subject.
C.
Application. Application for a certificate of occupancy/compliance for a new building, or for an existing building which has been altered, shall be made on forms furnished by the Building Official, after erection of such building or part thereof has been completed in conformity with the provisions of this chapter. In the case of a new building such application shall be accompanied by an accurate plot plan or, if not available, by a survey prepared by a licensed land surveyor or engineer showing the location of all buildings as built. Such certificate shall be issued within 10 days after receipt of the properly completed application, but only provided that the application states that all requirements of all other applicable codes or ordinances in effect are complied with.
D.
Action. If the proposed use is in conformity with the provisions of this chapter and of all other applicable codes and ordinances, a certificate of occupancy/compliance for the use of vacant land or for a change of use of a nonconforming use shall be issued by the Building Official within 10 days after receipt of a properly completed application. If a certificate of occupancy/compliance is denied, the Building Official shall state the reasons in writing to the applicant.
E.
Performance standards. In regard to those uses which are subject to the performance standards procedure, the following requirements shall also apply:
(1)
Any normal replacement or addition of equipment and machinery not affecting the operations or the degree or nature of dangerous and objectionable elements emitted shall not be considered a change in use.
(2)
After occupancy, if there occur frequent or continuous, even though intermittent, violations of the performance standards and other provisions for a period of five days, without bona fide and immediate corrective work, the Building Official shall suspend or revoke the occupancy permit of the use and the operation shall immediately cease until it is able to operate in accordance with these regulations, at which time the occupancy permit shall be reinstated.
(3)
The Building Official shall investigate any alleged violation of the performance standards, and if there are reasonable grounds to believe that a violation exists, the Building Official shall investigate the alleged violation and for such investigation may employ qualified experts. A copy of said findings shall be forwarded to the Common Council. The services of any qualified experts employed by the City to advise in establishing a violation shall be paid for by the violator, if a violation is proved, and otherwise by the City. No new certificate of occupancy/compliance shall be issued unless such charges have been paid to the City.
F.
Fee. Every application for a certificate of occupancy/compliance or a temporary certificate of occupancy/compliance shall be accompanied by a fee as set forth in the fee schedule of the City of Port Jervis.
G.
Required landscaping and shade trees. Where landscaping and/or shade trees are part of the submission requirements of a site plan or a subdivision plat, either a performance bond shall be issued for two growing seasons or a nurseryman's guarantee provided, to insure that required plantings survive or are replaced by stock that does survive two growing seasons. Evidence of such shall be presented to the Building Official prior to the issuance of a certificate of occupancy/compliance.
H.
As-built plans. Every application for a certificate of occupancy/compliance that involves new construction or development shall require the submission of as-built plans showing the actual location of all improvements (i.e., water, sewer, drainage, roadways, building locations, etc.).
I.
Certification by design professional. Every application for a certificate of occupancy/compliance that involves facilities or improvements that are to be dedicated to the City shall be accompanied by a letter of certification from the licensed design engineer stating that they have been built in conformance with the approved plans.
J.
Authority. A certificate of occupancy/compliance shall be deemed to authorize, and is required for, both initial occupancy and use and the continued occupancy and use of the building or land to which it applies.
K.
Buildings and uses without certificates. Upon written request by the owner, and upon payment of a fee as provided in the Building Code, the Building Official shall, after inspection, issue a certificate of occupancy/compliance for any building or use thereof, or of land, existing at the time of the adoption of this chapter, certifying such use and whether or not the use and the building conform to the provisions of this chapter.
L.
Record and copies. A record of all certificates of occupancy/compliance shall be kept in the office of the Building Official and copies shall be furnished on request to any agency of the City or to any persons having a proprietary or tenancy interest in the building or land affected.
§ 535-93 Duties of Building Official.
A.
Enforcement. It shall be the duty of the Building Official to enforce the provisions of this chapter and of all rules, conditions, and requirements adopted or specified pursuant thereto.
B.
Inspection. The Building Official or that official's duly authorized assistant(s) shall have the right to enter any building or enter upon any land at any reasonable hour as necessary in the execution of his duties.
§ 535-94 Penalties for offenses.
A.
Violation. Violation of any provision or requirement of this chapter, or violation of any statement, plan, application, permit, or certificate approved under the provisions of this chapter, shall constitute a violation pursuant to Penal Law.
B.
Guilty parties. The owner, general agent, or contractor of a building, premises, or part thereof where such a violation has been committed or does exist shall be guilty of such an offense.
C.
Other guilty parties. Any agent, contractor, architect, builder, corporation, or other person who commits, takes part or assists in such violation shall also be guilty of such an offense.
D.
Continuance of violation. Each and every day that any such violation continues after notification that such violation exists shall constitute a separate offense. Such notice shall be written by the Building Official and shall be served by mail or by personal service.
E.
Penalty. Any person who shall violate any provision of this chapter, or who shall build or alter any structure or use any land in violation of any statement or plan submitted and approved thereunder, or who shall knowingly assist therein, shall be liable to a fine of not more than $5,000 or imprisonment not exceeding 15 days, or both such fine and imprisonment. Each and every day that any such violation continues after notification that such violation exists shall constitute a separate offense. Such notice shall be written by the Building Official and shall be served by mail or by personal service.
F.
Legal remedies. The imposition of penalties herein prescribed shall not preclude the City or any person from instituting appropriate legal action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, or to restrain, correct, or abate a violation, or to prevent the illegal occupancy of a building, land or premises.