[Ord. of 8-6-1973, § 1]
This article shall be known and cited as the "Plumbing Code
of the City of Poughkeepsie."
[Ord. of 8-6-1973, § 1]
No officer, agent or employee of the City shall render himself
personally liable for any damage that may accrue to persons or property
as a result of any act required or permitted in the discharge of his
duties under this article.
[Ord. of 8-6-1973, § 1; Ord. of 6-6-1994, § 1; Ord. of O-06-2; § 1]
There is hereby adopted by the City for the purpose of establishing
rules and regulations for installations, alterations and repairs of
plumbing fixtures, equipment and systems and other related work the
standards of the New York State Uniform Fire Prevention and Building
Code applicable to plumbing, and the whole thereof and all subsequent
amendments and additions thereto are hereby adopted and incorporated
by reference as fully as if set out at length herein. All prior Plumbing
Codes are hereby repealed. A person, business, partnership or corporation
who violates any section of the New York State Uniform Fire Prevention
and Building Code shall be liable for a fine of $1,000 for each violation
and an additional fine of $10 per day for the continuation of said
violation or imprisonment for a period not exceeding six months.
[Ord. of 8-6-1973, § 1; Ord. of 3-15-1993, § 1; Ord. of 6-6-1994, § 2]
(a)
Criminal penalty. Any person, business, partnership or corporation who shall violate any of the provisions of this article or any rule or regulation promulgated pursuant thereto, except as herein provided, shall be guilty of disorderly conduct and, upon conviction thereof, may be punished as prescribed in each section of this article or, if no such penalty is provided, in accordance with Section 6-11 for violation of the Building Code, and each day for which such violation continues shall constitute a separate offense, and the imposition of any such penalty shall not be held to prohibit the enforced removal of prohibitive conditions by any appropriate remedy, including immediate application for an injunction. The imposition of one penalty for any violation shall not excuse the violations nor permit it to continue. All such persons shall be required to correct or remedy such violations.
(b)
Civil penalty. Any person, business, partnership or corporation who shall violate any of the provisions of this article shall be subject to a civil penalty, as prescribed in Sections 6-11 and 6-12 of this chapter, which shall be enforceable as prescribed in Sections 12-23 and 12-23.2 of the Code of Ordinances of the City of Poughkeepsie. Prior to the institution of any proceeding to collect the civil penalty, the party who has violated any of the provisions of this article shall be served with a notice of violation which shall specify what sections of this article are violated and shall specify that each violation shall be corrected within 30 days from the date of mailing of the notice, unless, in the opinion of the Plumbing Inspector, a hazardous violation exists which requires shorter or immediate abatement. In that case, the Plumbing Inspector shall order the violation abated within such time period as the Plumbing Inspector deems necessary. The notice of violation shall be served by certified mail, return receipt requested, and regular mail or by personal service. Said notice of violation shall include a provision that any person affected by the notice of violation be entitled to an appeal from such notice if he/she files, within 10 days of the date of the notice of violation, a request for a hearing in the office of the Plumbing Inspector. A written request for such hearing, setting forth a brief statement of the grounds therefor and setting forth the reasons why such notice of violation should be modified or withdrawn, shall be submitted on a form as provided by the Plumbing Inspector. If such a hearing is requested, it shall be conducted in conformity with Sections 12-50 through 12-51 of this Code.
[Ord. of 8-6-1973, § 1]
As used in this article or the state building and construction
code applicable to plumbing, the following terms shall have the meanings
indicated:
The Plumbing Board, or, where applicable pursuant to Section 6-139 of this article, the City Engineer.
A person having a regular place of business and who, by himself
or journeyman plumbers in his employ, performs plumbing work.
