[Ord. of 12-21-1970]
It is found and declared that large unsurfaced areas in the
City of Poughkeepsie have existed for some time and such use is increasing,
affecting and detrimental to the public health, comfort, convenience,
public safety and prosperity of the residents of the City of Poughkeepsie.
The necessity in the public interest for the provisions and prohibitions
hereinafter contained and enacted is declared as a matter of legislative
determination and public policy, and it is further declared that the
provisions and prohibitions hereinafter contained and enacted are
in pursuance of and for the purpose of securing and promoting the
public health, comfort, convenience, safety, welfare and prosperity
of the City of Poughkeepsie and its inhabitants.
[Ord. of 12-21-1970]
It shall be unlawful for any owner or owners of commercially
owned property, as well as the owner or owners of residential property
which constitutes a nonconforming use which in fact is being used
for commercial purposes, to maintain an area, without the area being
surfaced, where the parking area contains 5,000 or more square feet
and is used for parking and/or related commercial purposes.
[Ord. of 12-21-1970]
For the purpose of this Chapter, the word "surface" shall include
and be limited to the following: crushed stone, blacktop, a mixture
of oil and crushed stone, concrete and any other surface which meets
the prior written approval of the Superintendent of Public Works of
the city.
[Ord. of 12-21-1970; Ord. of 8-5-1980]
Any owner or owners found to be violating any of the provisions
of this Chapter shall be subject to a civil penalty to be assessed
by the Superintendent of Public Works in the amount of $10 per day
per violation for each and every violation. The civil penalty is deemed
to be a cumulative penalty. The penalty may be collected by the superintendent
of public works by action against the owner or other responsible person,
commenced by the Corporation Counsel of the city.
[Ord. of 12-21-1970]
Each and every notice of violation under this Chapter shall
contain a notice of hearing which shall provide the owner or owners
with a fair and reasonable opportunity to be heard concerning the
alleged violation. All notices of violation or violations shall be
personally served. Such notice shall inform the person to whom it
is directed of his right to apply for a hearing. Any notice of violation
shall automatically become a final order if a request for a hearing
is not made to the office of the Corporation Counsel of the city within
10 days of the date of personal service.
[Ord. of 12-21-1970]
The per diem penalty shall go into effect not sooner than 30
days from the date the first notice of violation is served or 30 days
from the date the hearing has been conducted pursuant to a notice
of alleged violation, whichever period of time is longer.
[Ord. of 12-21-1970]
Any and all hearings conducted under this Chapter shall be conducted
by the office of the Corporation Counsel of the city or its duly designated
representatives.
[Ord. of 12-21-1970]
Any owner or owners of property receiving any notice of violation
under this Chapter who shall then prevent by fence or other means
complete ingress and/or egress from the property may take such action,
and such action shall be deemed compliance under this Chapter.
[Ord. of 8-5-1980]
In the event of an owner's failure to comply with the notice set forth in Section 16 1/2-5 of this Chapter, the City of Poughkeepsie Department of Public Works may surface the premises described in said notice and may charge the cost of labor and materials therefor as a lien against the premises described in the notice.
