City of Poughkeepsie, NY
Dutchess County
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Table of Contents
Table of Contents

Section 16 1/2-1 Purpose of chapter.

[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.

Section 16 1/2-2 Large unsurfaced areas unlawful.

[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.

Section 16 1/2-3 Enumeration of surfaces.

[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.

Section 16 1/2-4 Penalty for violation of chapter.

[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.

Section 16 1/2-5 Notice.

[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.

Section 16 1/2-6 Commencement of penalty.

[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.

Section 16 1/2-7 Hearings.

[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.

Section 16 1/2-8 Preventing ingress and egress as compliance.

[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.

Section 16 1/2-9 Correction of condition by city.

[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.