This Chapter shall be administered and enforced by the Zoning Administrator and by his duly authorized representatives. The functions of the Building Inspector shall reside in the office of the Zoning Administrator. No building permit, change of use permit, certificate of occupancy, temporary certificate of occupancy or other authorization for any construction, reconstruction, alteration or enlargement of a building, structure or use or for the moving of a building or structure from one site to another shall be issued by the Zoning Administrator and no variance shall be granted by the Zoning Board of Appeals and no site plan or special permit shall be approved by the Planning Board, unless the provisions of this Chapter and all other statutes, laws, ordinances, rules and regulations affecting the property involved are fully complied with. The Zoning Administrator shall maintain files of all applications for building permits and change of use permits, together with all plans submitted therewith and for certificates of occupancy and records of all such permits and certificates issued by him. In the performance of his duties, the Zoning Administrator and his duly authorized representatives shall have the right, during daylight hours, to enter and inspect any building, structure or land within the incorporated area of the city, where the owner consents or where an emergency exists. Prior to performing any interior inspection of private property pursuant to this Chapter, the inspector shall obtain permission for such inspection from the property owner or his authorized agent or representative. In the event that such owner or agent neglects or refuses to allow inspection, either upon initial inspection or reinspection, the inspector shall request that the Corporation Counsel make application to a court of competent jurisdiction for a search warrant. Such application is to be made on notice to the property owner or his authorized agent or representative. In cases of public emergency, the notice requirement may be dispensed with and application made ex parte. These provisions shall apply to tenants of any premises to be inspected.
If the Zoning Administrator shall find that any of the provisions of this Chapter are being violated, he shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of any illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this Chapter to ensure compliance with or to prevent violations of its provisions.
[Ord. of 11-3-1986, § 3]
No building in any district shall be erected, reconstructed or restored or structurally altered or used, without a building permit. A building permit shall be duly issued upon application to the Zoning Administrator and upon payment of the required fee. No fee is required if the premises are exempt from taxation under Section 4 of the Tax Law[1] No building permit shall be issued unless the proposed construction or use is in full conformity with all provisions of this Chapter and all other applicable regulations, including Section 6.23 of the Building and Utility Codes of the City of Poughkeepsie. Any such permit issued in violation of the provisions of this Chapter shall be null and void and of no effect. Further, proceedings for revocation or nullification of such null and void permits shall not be necessary, and any work undertaken or use established pursuant to any such permit shall be unlawful.
(1) 
Application. Every application for a building permit for any building shall contain the following information and be accompanied by a plot plan in duplicate drawn to scale and signed by the person responsible for such drawing. If no such plot plan is available, a survey, prepared by a licensed engineer or land surveyor is required. In the case of accessory buildings, the Zoning Administrator may waive such of the requirements set forth in Subsections (1)(a) through (f) below as he may deem to be superfluous:
(a) 
The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected or if an existing building, of the lot on which it is situated.
(b) 
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.
(c) 
The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot.
(d) 
The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units, if any, the building is designed to accommodate.
(e) 
Where the variations in elevation above or below the average level of the street in front of the property exceed 10 feet, the application shall be accompanied by a map showing topographic contours at two-foot intervals, certified thereto by a licensed surveyor.
(f) 
Such 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.
(2) 
No building permit shall be issued for any building that is subject to site plan approval or a special permit by the Planning Board, except in conformity with the requirements of said Board. No permit shall be issued for a building that is permitted subject to a variance granted by the Board of Appeals, except in accordance with all conditions which may have been prescribed by said Board.
(3) 
The Zoning Administrator shall, within 30 days after the filing of a complete and properly prepared application with all required approvals, including site plan, special permit and/or variances, either issue or deny a building permit. If a permit is denied, the Zoning Administrator shall state, in writing, to the applicant the reasons for such denial. If any construction, alteration, enlargement or other work authorized under a building permit is not begun within six months from the date of its issuance, such permit shall expire. The Zoning Administrator may authorize, in writing, not more than two three-month extensions upon a showing of good cause. In the event that work being conducted pursuant to the building permit ceases for a period of six months, the building permit shall expire. If any construction, alteration, enlargement or other work authorized under a building permit has begun but is not completed within two years from the date of its issuance, such building permit shall expire and no further work shall be done thereunder until a new building permit has been obtained.
[1]
Editor's Note: Said section was repealed by Section 1614 of the Real Property Tax Law, effective 10-1-1959.
No existing building or land, whether vacant or occupied, shall be converted to a different land use without first securing a change of use permit. A change of use permit shall be duly issued upon application to the Building Inspector and upon payment of the required fee, in accordance with the schedule of fees of the City of Poughkeepsie. No change of use permit shall be issued unless the proposed use is in full conformity with all provisions of this Chapter and all other applicable regulations. Any such permit issued in violation of the provisions of this Chapter shall be null and 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 permit shall be unlawful.
(1) 
Unless specifically waived by the Zoning Administrator, every application for a change of use permit shall be accompanied by a plot or floor plan drawn to scale and signed by the person responsible for such drawing, showing the manner in which the land or building is proposed to be used.
(2) 
No change of use permit shall be issued for any building or use that is subject to site plan or special permit approval by the Planning Board, except in conformance with the requirements of said Board. No permit shall be issued for a building or use that is subject to a variance granted by the Board of Appeals, except in accordance with all conditions which may have been prescribed by said Board.
(3) 
The change of use permit application and all supporting documentation shall be made in duplicate and shall be accompanied by the required fee in accordance with the schedule of fees of the City of Poughkeepsie.
(4) 
Within 30 days after the Zoning Administrator has certified that a complete and properly prepared application, with all required approvals, including site plan, special permit and/or variances has been filed, he shall either issue or deny said permit. If a permit is denied, the Zoning Administrator shall state, in writing, to the applicant the reasons for such denial.
(5) 
If the building for which a change of use permit has been issued is to be reconstructed, altered or restored, a building permit may be required, in accordance with the provisions of Section 19-7.2 of this Chapter.
[Ord. of 11-4-1991, § 1; Ord. of 8-21-1995, § 5, 6]
(1) 
The occupancy and use of a building erected, reconstructed, restored, altered or moved or any change in use of an existing building shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Zoning Administrator.
(2) 
A certificate of occupancy is required for, and shall be deemed to authorize, both initial occupancy and the continued occupancy and use of the building or land to which it applies.
(3) 
No certificate of occupancy shall be issued for any use requiring the granting of a special permit, variance or site plan approval unless and until such special permit, variance or site plan approval has been duly granted, and the DPD or his representative and the Zoning Administrator have inspected the site to ascertain that all provisions of said approval are complied with.
(3-a) 
Notwithstanding the requirement set forth in Subsection (3) above, a certificate of occupancy for an individual residential unit in a project or development that has common areas and facilities and which contains two or more dwelling units may be issued as hereinafter set forth. This subsection is applicable to individual residential units in projects or developments that have obtained special permit, variance or site plan approval. In order to issue a certificate of occupancy under the authority of this subsection, the Building Inspector, with the assistance and recommendation of the City Engineer, must find that the project or development within which the individual residential unit is located, as well as the the individual residential unit, are in conformity with the applicable requirements of the Building Code[1] In addition, the Building Inspector, with the assistance and recommendation of the City Engineer, must find:
(a) 
That the building elevation conforms to the special permit, variance approval and/or site plan approval granted by the Planning Board;
(b) 
That the approved water and sewer hookups to the individual unit are functioning properly and in accordance with approved plans;
(c) 
That there is adequate access for ingress and egress [at least one coat of pavings in accordance with the approved plans to and from the individual residential unit to a public street;
(d) 
That the individual unit has the appropriate amount of off-street parking available to it in accordance with the approved plans;
(e) 
That the landscaping surrounding the individual unit pursuant to the approved plans has been properly installed; and
(f) 
That the individual unit and the portions of the common areas and facilities required to support the occupancy of the individual unit may all be occupied safely without endangering life or public welfare (including but not limited to appropriate drainage, retaining walls, lighting, pedestrian access, vehicle access, garbage collection stations and fire and police service access) in accordance with the approved plans.
Subsequent to the issuance of a certificate of occupancy pursuant to this subsection and upon the completion of all provisions of special permit, variance or site plan approval, a site certificate shall be issued by the Building Inspector, with the assistance and recommendation of the City Engineer, reciting the completion of all requirements of the approved plans. The completion date for all site work for purposes of the bonding provisions of this Chapter shall be deemed to be the date that the site certificate is issued by the Building Inspector. The purpose of this subsection is to provide for certificates of occupancy, subject to the conditions set forth above prior to the issuance of a site certificate for projects or developments involving two or more residential dwelling units that contain common areas and facilities and that have required and received special permit approval, variance approval or site plan approval.
[1]
Editor's Note: See Ch. 6, Building and Utility Codes.
(4) 
A renewable temporary certificate of occupancy for a part of a building may be issued by the Zoning Administrator for a period of not more than six months, provided that such portion or portions as have been completed may be occupied safely without endangering life or the public welfare.
(5) 
Application for a certificate of occupancy for a new building, or for an existing building which has been altered, shall be made on forms furnished by the Zoning Administrator, after erection of such building or part thereof has been completed in conformity with the provisions of this Chapter and all other applicable regulations. Every application for a certificate of occupancy or a temporary certificate of occupancy shall be accompanied by the required fee, in accordance with the fee schedule of the City of Poughkeepsie. In the case of a new building, said application shall be accompanied by an accurate plot plan or, if not available, by a survey prepared by a licensed land surveyor or engineer, drawn at the same scale as the site plan, showing the location of all buildings, structures, utilities, roads or other site features, as built. Such certificate shall be issued by the Zoning Administrator 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. Notwithstanding the preceding, the Building Inspector may issue a certificate of occupancy for a building or structure or part thereof before the entire work covered by the building permit shall have been completed, provided that the provisions of Section 19-7.4(3-a) of this Chapter have been satisfied.
[Ord. of 4-3-1989, § 1]
(1) 
The Zoning Administrator shall not inspect existing one-family dwellings for which a certificate of occupancy has been previously issued and for which such previously issued certificate of occupancy remains in effect solely for the purpose of or in connection with the conveyancing or financing or refinancing of such existing one-family dwelling, except upon the written request of the owner; and, further, the Zoning Administrator shall similarly not inspect existing one-family dwellings built prior to 1963 for which certificate of occupancy was never issued and for which no activity has taken place since 1963 that would have required the issuance of a building permit or a new or modified certificate of occupancy under the terms of the City of Poughkeepsie Zoning Ordinance as it has been adopted from time to time since 1963; provided, however, that the above limitations are not applicable to and are not intended to limit the duties and powers of the Zoning Administrator in connection with the administration and enforcement of the City of Poughkeepsie Zoning Ordinance other than as set forth above.
(2) 
When the Zoning Administrator receives a request for an inspection and/or issuance of a certificate of occupancy solely for the purpose of or in connection with the conveyancing or financing or refinancing of an existing one-family dwelling as described in Subsection (1) above, the Zoning Administrator shall advise, in writing, the party making the request of the above provision directing that inspections not be made in the circumstances described above and shall further advise the party making the request that a certificate of occupancy has previously been issued, that it remains in effect and shall enclose a copy of such previously issued certificate of occupancy or, in the alternative, shall advise that the dwelling was built prior to 1963, that no certificate of occupancy was issued and that the premises may be lawfully occupied without a certificate of occupancy. In such response, the Zoning Administrator shall further advise the party making the request whether there are or are not existing violations of record in connection with the premises. If there are existing violations of record, the Zoning Administrator shall include a copy of such existing violations of record with the response. The Zoning Administrator shall charge a fee of $10 for the provision of a response as herein provided.
(3) 
One-family dwellings built prior to 1963 for which a certificate of occupancy was never issued and on which no activity or use has taken place that would have required the issuance of a building permit or a new or amended certificate of occupancy under the terms of this City of Poughkeepsie Zoning Ordinance as it may have been amended from time to time since 1963 may be lawfully occupied without a certificate of occupancy; provided, however, that any activity or use taking place therein, on and after the adoption of this provision, shall be subject to the otherwise applicable requirements for building permit and certificate of occupancy.
[1]
Editor's Note: An ordinance adopted 4-3-1989 added provisions designated as Section 19-7.4-a pertaining to applications for inspections and certificates of occupancy for existing one-family dwellings. Such provisions were redesignated as Section 19-7.4.1 to conform to the numerical system of this Chapter.
For purposes of establishing a record that a particular building and/or use is in conformance with this Chapter on its effective date, upon written request by the property owner and upon payment of the required fee, in accordance with the fee schedule of the City of Poughkeepsie, the Zoning Administrator shall, after inspection, issue a certificate of conformance for any building or use thereof or for any use of land existing at the time of the adoption of this Chapter, certifying such use and whether or not said use and the building conform to the provisions of this Chapter.
For the purpose of recording the character and extent of any legal nonconformity existing as of the effective date of this Chapter, the owner or lessee of any building, structure or land shall apply to the Zoning Administrator for a certificate of occupancy, specifying in such application the character and extent of the nonconformity of such building, structure or land and/or the use thereof and its conformance with the zoning regulations, applicable thereto at the time of the construction of any building or the establishment of any use. Such certificate of legal nonconformity shall be surrendered to the Zoning Administrator upon termination of the use.
A record of all certificates of occupancy, certificates of conformity and certificates of legal nonconformity shall be kept in the office of the Zoning Administrator, and copies shall be furnished by the DPD on request to any agency of the City or to any persons having a proprietary or tenancy interest in the building or land affected.
[Ord. of 8-15-1996, § 3]
(1) 
Any person or corporation, whether as owner, lessee, architect, contractor or builder, or the agent or employee of any of them, who violates or is accessory to the violation of any provision of this chapter or any rule or regulation made under the authority conferred by this chapter or who shall erect, construct, alter, enlarge, convert or move any building or structure or any part thereof without a building permit or in violation of any statement or plans submitted and approved under the provisions of this chapter or who shall use any building, structure or land in violation of this chapter or any rule or regulation made under the authority conferred by this chapter or in violation of the provisions of any building permit, change of use permit or certificate of occupancy or without a building permit, change of use permit or certificate of occupancy where one is required by this chapter and who fails to abate said violation within 30 days after written notice has been served upon him either by mail or personal service shall be liable to a fine or civil penalty of $250 to be recovered with costs. Each week that a violation remains shall constitute a separate offense.
(2) 
In case any building or structure is erected, constructed, reconditioned, altered, repaired, converted or maintained or any building, structure or land is used, in violation of this chapter, the Common Council or the Zoning Administrator or any other official of the City, in addition to other remedies, may institute any appropriate action or proceeding through the Corporation Counsel in order to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such building, structure or land.
(3) 
Complaints of violations. Any person may file a complaint whenever a violation of this chapter occurs. All such complaints must be in writing and shall be filed with the Zoning Administrator, who shall properly record such complaint and immediately investigate and report thereon to the City and Council.
(4) 
The Zoning Administrator shall maintain a cumulative file, open to public inspection, of each violation of this chapter, arranged by volume, sheet, block, and lot numbers, so that the full case history of each such violation may be available.
(5) 
Enforcement of fine. The Zoning Administrator or his/her designee may seek enforcement of a violation of this chapter through recovery of a fine imposed pursuant to this section in City Court or civil penalties pursuant to Subsection (6) of this section. The imposition of any such fine shall not be held to prohibit the enforced removal of prohibitive conditions by any appropriate remedy, including immediate application for an injunction.
(6) 
Enforcement of civil penalty; collection of judgment. The Corporation Counsel may bring an action in court for the recovery of civil penalties imposed pursuant to this section, together with costs and disbursements.
(7) 
Civil penalties.
(a) 
The defendant in a criminal proceeding to recover a fine or action for civil penalties may show, in mitigation of liability, that the violation giving rise to the action was caused by the willful act, or gross negligence, neglect, or abuse of another pursuant to Subsection (7)(d) hereof or that (s)he began to correct the violation promptly upon receipt of notice thereof, but that its full correction could not be completed within the time provided because of technical difficulties, inability to obtain necessary materials or labor or inability to obtain access to the dwelling unit wherein the violation occurs.
(b) 
If the court finds, upon a showing by the defendant as provided in Subsection (7)(a), that sufficient mitigating circumstances exist, it may remit all or part of the fine or accumulated civil penalties arising from the violation with respect to when such a showing was made.
(c) 
The defendant in an action for civil penalties who has corrected violations giving rise to the action and who asserts that such a violation was caused by the willful act or gross negligence, neglect or abuse of a third party may request the court to permit consolidation of his action for the reasonable cost of such collection against such third party with the action for civil penalties.
(d) 
When the Corporation Counsel obtains a judgment in an action to recover civil penalties under this section, in addition to the appropriate methods of enforcement for judgments established in the Civil Practice Law and Rules, such judgments for penalties shall constitute a lien and shall be filed with the Commissioner of Finance, within one year from the entry of the judgment, and the total amount thereof shall be added to and become a part of the next annual assessment roll at the time and in the manner prescribed by the Charter of the City and subject to all the provisions thereof.