[Amended 3-23-2009 by Ord. No. 2009-02; 11-9-2009 by Ord. No. 2009-11; 9-12-2011 by Ord. No. 2011-15]
A.
Purpose.
The purpose of this article is to establish standards for the fabrication,
erection and use of signs, symbols, markings and advertising devices
within the City. These standards are designed to promote and protect
the public health, welfare and safety by regulating existing and proposed
outdoor advertising signs and outdoor signs of all types.
B.
Intent.
The article is intended to protect property values, create a more
attractive economic and business climate, enhance and protect the
physical and historic appearance of the community, preserve the scenic
and natural beauty, enhance the pedestrian environment, and provide
a more enjoyable and pleasing community. The article is further intended
hereto to reduce sign or advertising distractions and obstructions
that may contribute to traffic accidents, reduce hazards that may
be caused by signs overhanging or projecting over public rights-of-way,
provide more visual open space and improve the community’s appearance.
These standards are also intended to be consistent with the standards
of the Historic District Commission and the design guidelines adopted
by the Upper Union Street Business Improvement District and the Downtown
Schenectady Improvement Corporation. In the event that the District
Guidelines differ from this section, the District Standards will prevail.
[Amended 3-23-2009 by Ord. No. 2009-02]
As used in this article, the following terms
shall have the meanings indicated. Illustrations, which present typical
examples of signs, are provided for in this section to document the
intent of the article.
The area of all lettering, wording, and accompanying designs,
logos, and symbols, together with the background on which they are
displayed, whether open or enclosed Where the sign consists of individual
letters, designs or symbols attached to a building, awning, wall,
or window, the area shall be that of the smallest rectangle which
encompasses all of the letters, designs, and symbols. The structure
supporting a sign shall be excluded unless the structure is designed
in a way to form an integral background for the display. Only one
face of a double-faced sign shall be counted as surface or area of
such a sign.
All window and wall area of a building in one plane or elevation.
The portion of the building that corresponds to the legal
property address.
The wording on a sign surface.
All the property on one side of a street or place between
two intersecting streets or places measured along the line of the
street or place, or if the street or place is terminated without intersecting
another street or place, then all of the property abutting on one
side between an intersecting street or place and the terminus of the
street or place.
Distance from average grade below a sign to highest sign
component.
Any light or group of lights located or arranged so as to
cast illumination on a sign from the exterior or to illuminate a sign
from its reverse side.
[Amended 9-12-2011 by Ord. No. 2011-15]
A parcel of land occupied or proposed for occupancy by one
main building, together with the accessory buildings and uses customarily
incidental to it, and including such open spaces as are required under
this chapter, which parcel of land has its principal frontage on a
public street of record.
A group of three or more retail and commercial units on a
single site, constructed and managed as a total entity, sharing a
common on-site parking area.
Any material, structure or device, symbol, emblem or part
thereof composed of lettered or pictorial matter or upon which lettered
or pictorial matter is placed when used or located out of doors or
outside or on the exterior of any building, including window display
areas (inside or posted outside), for display of an advertisement,
announcement, notice, directional matter or name, and includes sign
frames, billboards, signboards, painted wall signs, hanging signs,
illuminated signs, projecting signs or ground signs and shall also
include any announcement, declaration, demonstration, display, illustration
or insignia used to advertise or promote the interests of any person
or business when the same is placed in view of the general public.
For the purposes of this article, the term "sign" as hereinabove stated
does not include signs erected and maintained pursuant to and in furtherance
of any governmental function or required by any law, ordinance, rule
or regulation or as a necessary traffic control sign. Signs include:
[Amended 9-12-2011 by Ord. No. 2011-15]
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ABANDONED SIGN — A sign which carries no message for more
than 90 days or which advertises a business, product or activity no
longer available past the time or date of event or that is determined
by the Building Inspector, Zoning Officer or their duly appointed
assistants to be structurally deteriorated or which no longer supports
the sign for which it was designed.
| |
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AWNING SIGN — Any visual message incorporated into or
affixed to any awning, marquee, fabric canopy or sunscreen attached
to a building.
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BANNER — A sign made of paper, vinyl, canvas or other
lightweight flexible material, either enclosed or not enclosed in
a rigid frame, which advertises a product or event.
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BILLBOARD — A freestanding sign which is an off-premises
sign exceeding 50 square feet in area.
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BOX SIGN — A sign illuminated by artificial light from
the interior of a sign.
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DIRECTIONAL SIGN — A sign limited to providing information
on the location of any activity, business or event.
| |
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ELECTRONIC MESSAGE BOARD — An electronic sign or display
which uses changing lights to form a sign message or messages wherein
the sequence of messages and the rate of change is electronically
programmed and can be modified by electronic processes for the purpose
of conveying a variety of messages and/or advertisements by means
of moving text or image.
| |
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FREESTANDING SIGN — A self-supporting sign standing alone
on its own foundation.
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ILLUMINATED SIGN — Any sign illuminated by artificial
light, either from the interior or exterior of a sign, and includes
reflective and phosphorescent light.
| |
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MONUMENT SIGN — A freestanding sign attached to a brick,
stone, or masonry wall or structure that forms a supporting base for
the sign display.
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MURAL — A work of decorative art applied on or attached
to an exterior wall within public view that does not include graphics
or text that can be interpreted as commercial advertising.
| |
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NONELECTRONIC MESSAGE BOARD — A sign or display which
uses changeable copy to form a sign message or messages, and which
may or may not contain internal or external illumination, for the
purpose of conveying a variety of messages and or advertisements by
means of changing text or image.
| |
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OFF-PREMISES SIGN — A sign advertising a business or profession
conducted or a commodity or service sold or offered not upon the lot
where such sign is located.
[Amended 11-26-2012 by Ord. No. 2012-12] | |
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ON-PREMISES SIGN — A sign advertising a business or profession
conducted or to a commodity or service sold or offered upon the lot
where such sign is located.
| |
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POLE SIGN — Any freestanding sign supported at its center
by a single pole or other support.
| |
 | |
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PORTABLE SIGN — A sign not permanently attached to the
ground or other permanent structure or a sign designed to be transported,
including but not limited to signs designed to be transported by means
of wheels or on its own trailer or otherwise. Examples of portable
signs include, but are not limited to, sandwich boards, menu boards,
attached to A-frames or T-frames, balloons used as signs, signs attached
or painted on vehicles parked in the public right-of-way, or on private
property and visible from the public right-of-way, unless said vehicle
is used in the normal day-to-day operations of the business.
| |
|
POST SIGN — Any freestanding sign mounted at its end(s)
to a single or double post system.
| |
 | |
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PROJECTING SIGN — A sign that projects more than 12 inches
perpendicular to the building face.
| |
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PYLON SIGN — A sign that has a base that is
a minimum of three feet wide and a maximum of five feet wide. At no
time can the message portion exceed eight feet wide.
| |
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ROOF SIGN — Any sign erected and constructed wholly on
and over the upper roof of a building, supported by the roof structure.
| |
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SUSPENDED SIGN — A sign that is suspended from the underside
of a horizontal plane surface and is supported by such surface.
| |
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TEMPORARY SIGN — A sign advertising a particular event
and having a duration of not more than 30 days per year.
| |
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WALL SIGN — A sign which is painted on or attached to
the outside wall of a building with the face of the sign in the plane
parallel to such wall.
| |
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WINDOW SIGN — Any sign, posted picture, symbol, or combination
thereof, designed to communicate information about an activity, business,
commodity, event, sale or service that is placed inside a window or
upon the window or upon the window panes or glass and is visible from
the exterior of the window.
|
The supports, uprights, bracing and framework for the sign.
[Amended 3-23-2009 by Ord. No. 2009-02; 9-12-2011 by Ord. No.
2011-15]
A.
Signs in residential districts shall comply with Schedule
I. Signs in nonresidential districts shall comply with the following
regulations and in accordance with Schedule I:
(1)
Maximum signage shall not exceed one square foot per
linear foot of lot frontage, except as provided hereinafter. A lot
having more than one side facing a street will apply 150% of the provisions
of this section. The total combined signage per parcel shall not exceed
150 square feet.
(2)
Number of signs. Each lot may have one freestanding and one attached sign notwithstanding Subsection A(3). Corner and through lots may have two attached signs.
(3)
Awnings, fabric canopies, marquees, sunscreens and
window signs are exempt from the maximum number of signs allowed and
the maximum allowable sign area.
(4)
Gas station canopies are limited to one sign per side of canopy facing
a street, not to exceed two canopy signs per property.
B.
Common signage plan.
(2)
A common signage plan conforming to the provisions
of this section shall be allowed a twenty-five-percent increase in
the maximum total sign area for each included lot, based on the City's
review of the following:
(a)
An accurate plot plan of the lot, to scale.
(b)
Location of buildings, parking lots, and driveways.
(c)
Computation of the maximum total sign area for
the individual signs, the height of signs and the number of freestanding
signs.
(d)
An accurate indication of each present and proposed
sign.
(e)
Specifications for all signs on the lots with
regard to color scheme, lettering or graphic style, lighting, materials
and sign proportions.
C.
Freestanding signs.
(1)
Only one freestanding sign shall be permitted on a
lot.
(2)
Freestanding signs shall have only two faces, and
they must be back to back, not perpendicular.
(3)
Setbacks shall be at least three feet from the sidewalk or lot line, at least seven feet from any driveway, and in compliance with corner lot obstruction requirements (§ 264-34).
(4)
Multiple signs on a freestanding sign shall be permitted
and counted as a single sign.
(5)
Changeable text message boards are allowed as a component
of, but not independent of, a freestanding sign subject to all requirements.
D.
Wall signs.
(1)
Shall not project more than one foot from the surface
to which they are mounted.
(2)
Shall not project vertically past the roof eaves or
parapet.
(3)
Shall not project horizontally further than the extent
of the wall to which they are attached.
(4)
Shall not exceed the borders of any existing signband
limitations of the building.
(5)
Shall not extend across multiple storefronts on buildings
and must fit within the frame of the building to which they are attached.
(6)
The bottom of any sign that extends more than three
inches from the building face must be at least eight feet above grade.
F.
Awnings: shall not project above the top of the building
facade or roof ridge.
G.
Window signs: may not cover more than 20% of the glass
area of the pane to which the sign is affixed or displayed.
H.
Murals: subject to issuance of a special use permit,
are restricted to the side or rear of the building and are exempt
from size limitations. Murals are not allowed in residential districts.
I.
Electronic message boards.
(1)
Electronic message boards may be permitted in the
City upon approval by the City Planning Commission.
(2)
A special use permit must be approved upon a showing
by the applicant at a public hearing of the City Planning Commission
that the proposed electronic message board shall not substantially
impact upon the nature and character of the surrounding neighborhood,
upon traffic conditions and any other matters affecting the health,
safety and general welfare of the public.
(3)
In no case shall the message change at a rate greater
than once every eight seconds.
[Amended 2-9-2015 by Ord.
No. 2015-01]
J.
Illuminated signs: located on lots in, adjacent to,
or abutting a zoning district designated as R-1, RH-1, R-2, RH-2 or
R-3, may not be illuminated between 12:00 midnight and 7:00 a.m.,
if the business is closed.
K.
Schedule of sign regulations.
|
Schedule I
Sign Regulations
| |||||
|---|---|---|---|---|---|
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Sign Type
|
Number of Signs
|
Maximum Sign Area
(square feet)
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Sign Height
(feet)
|
Illumination
| |
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Residential Districts: R-1, RH-1,
R-2, RH-2, and R-3 Districts
| |||||
|
Residential uses
|
1
|
1
|
Maximum: 6
|
None
| |
|
Commercial uses
|
1
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6
|
Maximum: 6
|
External
| |
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Nonresidential Districts: C-1,
C-2, C-3, C-4, C-5, I, M-1, and M-2 Districts
| |||||
|
Total aggregate sign area of
100 square feet; 150 square feet for multiple street frontage
| |||||
|
Freestanding
| |||||
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C-1, C-2, C-3, C-4, M-1, and M-2 Districts
|
1
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25; 75 in shopping centers
|
Maximum: 7
|
External/
internal
(no internal in the C-4 District)
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|
I District
|
1 per driveway
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25, and exempt from total
|
Maximum: 7
|
External/
internal
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|
C-5 District
|
1
|
40; 75 in shopping centers
|
Maximum: 10
|
External/
internal
| |
|
Wall
|
1 wall or projecting sign per building
side facing street, up to 2 signs
|
1 per each linear foot of frontage;
shopping center: 1 per each linear
foot of frontage, 75 per business, and maximum signage equal to the
total length of the shopping center store frontage
|
Minimum: 8
|
External/
internal
(no internal in the C-4 District)
| |
|
Projecting
|
1 projecting or wall sign per building
side facing street, up to 2 signs
|
None
|
Minimum: 8
|
External/ internal
(no internal in the C-4 District)
| |
|
Window
|
20% of the glass area of the pane to
which the sign is affixed
| ||||
|
Awning, marque, canopy and sunscreen
|
1 per building side facing street,
up to 2 signs
|
None
|
Minimum: 8
|
External/
internal
| |
|
Billboards
|
See § 264-64.
| ||||
The following are prohibited:
A.
Pole signs.
B.
Internally illuminated signs in any residential district
and in the C-4 Downtown Commercial District.
[Amended 9-12-2011 by Ord. No. 2011-15]
C.
Signs illuminated by or containing flashing, rotating
or strings of lights.
[Amended 9-12-2011 by Ord. No. 2011-15]
D.
Pennants, flags, streamers, tinsel, balloons, strings
of lights on commercial properties or fluttering devices except as
part of a grand opening, not to exceed 30 days.
E.
Roof signs.
F.
Messages displayed on structural components.
G.
Off-premises signs.
H.
Signs erected on trees, utility poles or painted or
otherwise affixed to any rock, ledge or other natural feature.
[Amended 3-23-2009 by Ord. No. 2009-02]
I.
L-shaped signs.
[Added 9-12-2011 by Ord. No. 2011-15]
For the purposes of this chapter, the following
signs may be erected and maintained without a permit or fee, unless
otherwise noted, provided that such signs comply with the general
requirements of this chapter:
A.
Historical markers, tablets and statutes, memorial
signs and plaques; names of buildings and dates of erection when cut
into any masonry surface or when constructed of bronze, stainless
steel or similar material; and emblems installed by governmental agencies,
religious or nonprofit organizations.
B.
Flags and insignias of any nation, government or school,
except when displayed in connection with commercial promotion, maximum
of one per property.
C.
On-premises directional signs (requires permit) for
the convenience of the general public, identifying fire zones, entrances
and exits, and similar signs, not exceeding two square feet per face
and with a height not exceeding four feet. Business names, logos,
and advertisements shall not be allowed. Directional signs identifying
parking may include a business name.
D.
Nonilluminated warning, private drive, posted or no
trespassing signs, not exceeding two square feet per face (maximum
of one sign per lot line or driveway).
E.
Temporary signs/banners: one per business or commercial
establishment promoting grand openings or events sponsored by the
organization may be displayed for 30 days and must be removed upon
conclusion of the event.
(1)
Size not to exceed 32 square feet.
(2)
Must be attached to the face of the building below
the eaves or parapet wall.
(3)
If the banner becomes torn, frayed, ripped or soiled,
it must be removed within 24 hours of notification or observation
of the condition.
(4)
Special coordinated events require revocable permits
from the City Council to hang banners across the street.
F.
Nameplates, legal home occupations, nonilluminated,
denoting the names and/or addresses of the occupants of the premises,
not exceeding one square foot.
[Amended 3-23-2009 by Ord. No. 2009-02]
G.
Bulletin boards incidental to places of worship, libraries,
and museums; bulletin boards shall not exceed 10 square feet in area
and shall be located on the premises of such institutions.
H.
Privately owned merchandise sale signs for garage
sales and auctions, not to exceed six square feet in area, and shall
not be posted for more than three days.
I.
Nonilluminated "for sale," "for rent" real estate
signs, and signs of a similar nature, concerning the premises upon
which the sign is located. In a residential zoning district, such
signs shall not exceed six square feet in area. In a business or industrial
zoning district, such signs shall not exceed 25 square feet in area.
All such signs shall be removed within seven days after the sale,
lease or rental of the premises. (These signs may be portable or attached.)
J.
Holiday or seasonal decorations, including lighting,
are exempt from the provisions of this article and may be displayed
in any district without a permit during the recognized holiday season.
[Amended 3-23-2009 by Ord. No. 2009-02]
K.
One sign, not exceeding six square feet in residential
districts or 25 square feet in nonresidential districts, listing the
architect, engineer, contractor and/or owner on premises where construction,
renovation or repair is in progress. Signs shall be removed immediately
upon issuance of a certificate of occupancy or completion of the project,
whichever first occurs, but may not exceed 60 days in residential
districts.
L.
Political posters and signs, displayed 45 days prior
to election or primary day. External signs shall be removed by the
sponsors or their designee and window signs shall be removed by the
property owner within seven days upon completion of the election.
Placing signs on property without the consent of the property owner
is prohibited and subject to immediate removal by the property owner
without notification or remuneration.
M.
Portable signs must conform to the following:
(1)
May not exceed 30 inches wide by 48 inches tall.
(2)
One sign per business or commercial establishment.
(3)
Placement must be set back at least two feet from
the curb and maintain a five-foot-wide sidewalk area clear for pedestrian
travel.
(4)
Must be removed daily at close of business hours.
(6)
On corner parcels must be a minimum of 20 feet from
intersection of the corner curb.
(7)
May not obstruct lines-of-sight from vehicular accessways
to streets.
(8)
May not contain any electrical components.
N.
Window signs which are temporary and are affixed to
the inside of the window or posted inside the building are permitted,
provided that they do not cover more than 20% of the glass area of
the pane to which the sign is affixed.
[Amended 3-23-2009 by Ord. No. 2009-02]
O.
Open, closed, hours of operation, and method of payment,
not to exceed two square feet per business.
P.
Two menu board signs, for each drive-through facility,
that does not exceed 24 square feet, provided no business names or
logos are visible from off-premises. Signs shall not be more than
six feet in height.
A.
No billboard may be erected unless the Building Inspector
grants a relocation permit to an applicant upon a showing by the applicant
that the new construction is a relocation of two billboards existing
prior to the effective date of this chapter.
B.
Any request for a new billboard will require documentation
of square footage and location of previously sited billboards to be
substituted and submitted by the sign business requesting the new
billboard. The replacement billboard shall not exceed 50% of the total
square footage of the two billboards it is to replace and shall comply
with other provisions herein.
C.
A relocation permit shall be issued upon verification
from the applicant that the new billboard shall comply with all provisions
herein, that all billboards scheduled for replacement as part of the
application are legally erected billboards and that the following
conditions exist:
(1)
A site plan is submitted by the applicant that identifies
the property where the new billboard will be erected by Tax Map parcel
number, shows the location of the billboard and the dimension of the
nearest distance to a property line, shows property lines and dimensions,
shows all existing structures and uses of the property, shows an arrow
depicting the direction in which the nearest adjacent billboard is
located and its distance therefrom and identifies all uses within
100 feet of the proposed billboard.
(2)
Two existing legally erected billboards scheduled
to be replaced by one new billboard as part of the relocation permit
shall be approved for removal by the City Zoning Officer, identified
by Tax Map parcel number on the site plan submitted with the relocation
application and shall be removed a minimum of 30 days prior to commencing
erection of the new billboard. (NOTE: Billboards are prohibited under
Federal Intermodal Surface Transportation Efficiency Act/Scenic Byway
System, signed into law July 24, 1992, along the controlled Revolutionary
Trail, which is State Route 5 as per the New York State Department
of Transportation.)
D.
Spacing.
E.
Permitted zones.
(1)
Newly erected billboards shall be permitted within
100 feet of the right-of-way line of the Thruway Spur or the Schenectady
Crosstown Arterial, provided that they are also situated within zoning
districts designated as M-1 or M-2 in this chapter.
(2)
In the zoning districts designated as M-1 and M-2,
billboard signs may be erected or maintained according to the following
standards:
A.
Application for permit. No sign as defined herein
shall be hereinafter erected without first obtaining a permit from
the Building Inspector. Application for a permit shall be made in
writing, upon forms prescribed and provided by the Building Inspector
prior to fabrication.
B.
Expiration of permit. If the sign authorized under
a permit has been installed within 30 days and completed within one
year of the date of such permit, the permit shall expire.
C.
Approvals. All signs erected in the Historic Districts
must be approved by the Historic District Commission for design, materials
and location.
[Amended 3-23-2009 by Ord. No. 2009-02]
Whenever the Building Inspector and/or the Zoning
Officer or their duly appointed representative determines that a sign
is abandoned, the Building Inspector and/or Zoning Officer shall give
written notice to the owner of the sign and the owner of the property
at the address set forth in the City Assessor's records. Such notice
shall order the responsible party(ies) to remove the sign, attachments
and structure and remedy the condition rendering the use of the sign
abandoned within 30 days of violation notice. If the sign is not removed
or changed in accordance with the order, the Building Inspector and/or
Zoning Officer shall order the sign removed. All costs and expenses
incurred in said removal shall be assessed against the land upon which
the sign was located.
If the Building Inspector shall find that any
sign is unsafe, he shall give written notice to the named owner of
the sign and the named owner of the lot upon which the sign is erected.
Such sign shall be removed or repaired within the period of time stated
in the notice. If sign is not removed or repaired, the Building Inspector
shall cause sign to be removed and shall assess all costs and expenses
incurred in said removal against the lot on which sign was located.
The Building Inspector may cause any sign which is a source of immediate
peril to persons or property to be removed summarily and without notice
and shall assess all costs and expenses incurred in removal against
the lot upon which the sign was located.
[Amended 9-12-2011 by Ord. No. 2011-15]
Signs erected prior to the effective date of
this chapter shall be considered legal nonconforming signs until a
new business or tenant occupies the property and would like to change
any portion of the existing sign. Signs on properties listed or proposed
for listing on the New York State Register of Historic Places or the
Federal Register of Historic Places shall be considered exempt legally
nonconforming signs.
A.
Whenever the Building Inspector, the Zoning Officer
or their duly appointed assistants determine that there has been a
violation of any provision of this article, they may give notice of
such violation to the person or persons responsible for the violation.
Such notice shall be in writing and shall be served upon the owner,
agent, operator or occupant, as the case may require. This notice
shall specify the alleged violation and shall provide a reasonable
time for compliance. Such notice will be deemed to be properly served
upon such owner, agent, operator or occupant if a copy is served upon
such owner, agent operator or occupant personally; if a copy thereof
is delivered, by certified mail, to the last known address of such
person; or if a copy is posted in a conspicuous place in or about
the building, lot or sign affected by the notice and if a copy is
delivered by certified mail.
[Amended 3-23-2009 by Ord. No. 2009-02]
B.
Failure to abate violations. In case the owner, agent,
operator or occupant cannot be found within the time limit set for
the abatement of said violations or if such owner, agent, operator
or occupant shall fail, neglect or refuse to abate such violation,
the Corporation Counsel shall be advised of all facts in the case
and shall institute appropriate action in the court to compel compliance.
[Amended 3-23-2009 by Ord. No. 2009-02]
C.
Emergency action. In cases of emergency which, in
the opinion of the Building Inspector and/or the Zoning Officer, require
immediate attention to abate a direct hazard or imminent danger to
the health, safety or welfare of the public or the occupants of a
building or lot, the Building Inspector and/or the Zoning Officer
shall promptly cause such action to be taken as is necessary to remove
or abate the hazard or danger.
A.
Appearance tickets may be issued as a means of commencing
prosecution.
B.
The City Council deems it necessary to provide, by
law, specially authorized public servants who may issue appearance
tickets pursuant to Subdivision 3 of § 150.20 of the Criminal
Procedure Law and Subdivision 4(a) of § 10 of the Municipal
Home Rule Law of the State of New York.
C.
The following public servants of the City of Schenectady
are hereby authorized to issue appearance tickets in the performance
of their respective duties when commencing prosecution pursuant to
this chapter of the Code of Ordinances of the City of Schenectady:
the Building Inspector, Code Enforcement Officers, the Zoning Officer
and the Zoning Enforcement Officer.
D.
The power to use the appearance ticket shall not imply
restraint upon the power of the aforementioned public servants to
utilize any alternative methods of commencing prosecutions as may
be provided by law.
E.
For purposes of this section, the term "appearance
ticket" shall have the same definition as provided in Article 150,
§ 150.10, of the Criminal Procedure Law of the State of
New York, and the procedure governing its use shall conform in all
respects to the procedure as enumerated in Article 150 of the Criminal
Procedure Law of the State of New York and other applicable articles
of that law.
Any person aggrieved by the decision or action of the Building Inspector and/or Zoning Officer, or their duly appointed assistants, under this legislation or any person wishing to construct, install or erect a sign other than as permitted herein shall be entitled to make an application to the Board of Zoning Appeals of the City of Schenectady for a variance of the provisions pursuant to Article XVI.
[Amended 3-23-2009 by Ord. No. 2009-02]
A.
The Building Inspector, the Zoning Officer or their
duly appointed assistants of the City of Schenectady are authorized
and empowered to enforce the requirements of this article.
B.
Penalties for offenses.
(1)
For every violation of the provisions of this article,
the owner of the premises, renter, lessee, its general agent, its
contractor, its architect, its builder or any other person who commits,
takes part in or assists in such violation or who maintains any building
or premises in which such violation shall exist shall be guilty of
a violation as defined by the Penal Law of the State of New York and
shall be punishable by a fine not exceeding $500 or by imprisonment
not exceeding 15 days for each day of violation, or by both such fine
and imprisonment, or by a penalty of not less than $150 nor more than
$500 for each day of violation, to be recovered by the City of Schenectady,
New York, in a civil action.
(2)
A separate offense shall be deemed committed on each
day during or on which a violation of the terms of this article occurs
or continues unabated.
(3)
Any person issued a notice of violation pursuant to
any provision of this article, where the same has not been withdrawn
by administrative appeal or dismissed by a court of competent jurisdiction,
shall be subject to an administrative fee of $50, and such administrative
fee shall be charged against the land upon which the notice of violation
was issued as a municipal lien, and if unpaid, such administrative
fee shall be added to the tax rolls as an assessment or levied as
a special tax against said property or recovered in a civil suit against
the person to which the notice of violation was issued.
(4)
Each violation of this article shall be a violation
and shall be punishable under this section as follows:
(a)
For a first offense, by a fine of not less than
$350 nor more than $500.
(b)
For a second offense within 18 months of a prior
violation of this article regarding the same premises by the same
person(s), firm(s) and/or corporation(s), a fine of not less than
$350 nor more than $750.
(c)
For a third offense and any subsequent offenses
thereafter within 18 months of a prior violation of this article regarding
the same premises by the same person(s), firm(s) and/or corporation(s),
a fine of not less than $750 nor more than $1,500 or by a term of
imprisonment of not less than five days nor more than 15 days, or
by both such fine and imprisonment.
(d)
All fines collected pursuant to this section
shall be placed in a dedicated account to offset the expense of at
least one Code Enforcement Officer.
