[Adopted 11-16-2022 by L.L. No. 8-2022]
Unless otherwise expressly stated, the following terms shall, for the purpose of this article, have the meanings indicated (in both singular and plural forms):
CONDITION ASSESSMENT
An on-site inspection and evaluation of a parking garage for evidence of deterioration of any structural element or building component of such parking garage, evidence of the existence of any unsafe condition in such parking garage, and/or evidence indicating that such parking garage is an unsafe structure.
CONDITION ASSESSMENT REPORT
The written report of a condition assessment.
DETERIORATION
The weakening, disintegration, corrosion, rust or decay of any structural element or building component of a parking garage, or any other loss of effectiveness of a structural element or building component of a parking garage.
PARKING GARAGE
Any building or structure, or part thereof, in which all or any part of any structural level or levels is used for parking or storage of motor vehicles, excluding:
A. 
Buildings in which the only level used for parking or storage of vehicles is on grade;
B. 
An attached or accessory structure providing parking exclusively for a detached one-or two-family dwelling; and
C. 
A townhouse unit with attached parking exclusively for such.
PROFESSIONAL ENGINEER
An individual who is licensed or otherwise authorized under Article 145 of the Education Law to practice the profession of engineering in the State of New York, and who has at least three years of experience performing structural evaluations.
RESPONSIBLE PROFESSIONAL ENGINEER
A professional engineer who performs a condition assessment, or under whose supervision a condition assessment is performed, and who seals and signs the condition assessment report. The use of the term "responsible professional engineer" shall not be construed as limiting the professional responsibility or liability of any professional engineer, or of any other licensed professional, who participates in the preparation of a condition assessment without being the responsible professional engineer for such condition assessment.
UNSAFE CONDITIONS
Conditions potentially leading to the loss of effectiveness of a structural element or building component of a parking garage, including but not limited to those identified as "unsafe" in Sections 304.1.1, 305.1.1, and 306.1.1 of the 2015 edition of the International Property Maintenance Code (a publication currently incorporated by reference in 19 NYCRR Part 1226).
UNSAFE STRUCTURE
A structure that is so damaged, decayed, dilapidated, or structurally unsafe, or is of such faulty construction or unstable foundation, that partial or complete collapse is possible.
A. 
An operating permit shall be required for operating a parking garage, except that no such permit shall be required for garages owned and operated by the Village, or those excluded from the definition of "parking garage" above. Notwithstanding this, the Village shall obtain initial and periodic condition assessments of municipal garages as mandated by this article.
B. 
If two parking areas are located within a single structure and are owned by the same entity and serve the same building, then such parking areas, even if physically separated within the structure, shall constitute a single parking garage for purposes of this article and shall require only a single operating permit.
C. 
Multiple parking garages owned by a single entity shall each require a separate operating permit if they are physically located in separate structures.
D. 
An application for an operating permit shall be in writing on a form provided by the Village Superintendent of Building ("Building Superintendent").
E. 
An application for the initial issuance or renewal of an operating permit shall be submitted to the Village on the date specified below for the submission of an initial or periodic condition assessment report.
F. 
As a condition to the issuance or renewal of an operating permit, the subject parking garage must have an initial condition assessment report or, in the case of a renewal, a periodic condition assessment report.
G. 
No fee shall be charged for the issuance or renewal of an operating permit for a parking garage.
A. 
Each parking garage located in the Village shall, at the sole expense of the owner, undergo an initial condition assessment, periodic condition assessments, and such additional condition assessments as may be required, pursuant to this section.
B. 
The owner of each parking garage is solely responsible for the timely performance of condition assessments, including, but not limited to, payment of all associated costs and fees.
C. 
Each condition assessment shall be performed by, or under the direct supervision of, a professional engineer.
D. 
A written report of each condition assessment shall be prepared and provided to the Building Superintendent in accordance with § 164-20 of this article. Before performing a condition assessment of a parking garage (other than the initial condition assessment), the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.
E. 
Initial condition assessment. Each parking garage shall undergo an initial condition assessment as follows:
(1) 
Existing parking garages. Existing parking garages shall undergo an initial condition assessment in accordance with the following schedule:
(a) 
Parking garages originally constructed prior to January 1, 1984: on or before August 31, 2023, except as set forth in Subsection E(1)(d).
(b) 
Parking garages originally constructed between January 1, 1984, and December 31, 2002: on or before February 29, 2024.
(c) 
Parking garages originally constructed on or after January 1, 2003: on or before August 31, 2024.
(d) 
Village-owned and -operated garages: on or before February 28, 2025.
(2) 
New parking garages. New parking garages shall undergo an initial condition assessment following construction and prior to the issuance of a certificate of occupancy.
F. 
Periodic condition assessments.
(1) 
Following the initial condition assessment, parking garages shall undergo periodic condition assessments at intervals not to exceed three years. The Building Superintendent may shorten such period based on the findings and recommendations contained in the written condition assessment report, including any recommendation therein that an additional condition assessment be performed within a specified period.
(2) 
The period between required condition assessments shall be set forth in the operating permit.
(3) 
No operating permit shall be renewed unless and until the Building Superintendent has received, reviewed and accepted the periodic condition assessment report required by this subsection, including any additional condition assessments required to be performed in accordance with Subsection G.
G. 
Additional condition assessments.
(1) 
The Building Superintendent may require additional condition assessments if recommended by the responsible professional engineer issuing the condition assessment report. In such event, the additional condition assessment shall be performed no later than the time frame or date specified in such condition assessment report, unless extended in writing by the Building Superintendent.
(2) 
If, at any time, the Building Superintendent becomes aware of any new or increased deterioration, which in the judgment of the Building Superintendent indicates that an additional condition assessment of the entire parking garage or portion thereof is warranted, the Building Superintendent shall require such parking garage or portion thereof to undergo an additional condition assessment by a professional engineer no later than the date determined by the Building Superintendent to be appropriate.
A. 
The responsible professional engineer shall prepare, or directly supervise the preparation of, a written report of each condition assessment, and shall submit such report to the Building Superintendent as follows:
(1) 
Initial condition assessment report: in accordance with the timetable set forth in § 164-19E of this article.
(2) 
Periodic condition assessment report: at least 30 days prior to the earliest of the following dates: three years after the date of the initial condition assessment report; the date of expiration of the operating permit; the date of application for a certificate of occupancy; or the date specified in the operating permit.
B. 
Prior to performing a condition assessment of a parking garage, the responsible professional engineer shall review and be familiar with all industry standards that pertain to the operation, maintenance and inspection of parking garages, including but not limited to the following: ACT 362.2R, Guide for Structural Maintenance of Parking Structures (American Concrete Institute); Maintenance Manual for Precast Parking Structures (Precast/Prestressed Concrete Institute); Parking Facility Maintenance Manual (National Parking Association); and condition assessment of Parking Structures (American Society of Civil Engineers).
C. 
Such condition assessment report shall be sealed and signed by the responsible professional engineer, and shall include:
(1) 
An evaluation and description of the extent of deterioration and conditions that cause deterioration that could result in an unsafe condition or unsafe structure;
(2) 
An evaluation and description of the extent of deterioration and conditions that cause deterioration which, in the opinion of the responsible professional engineer, should be remedied immediately to prevent an unsafe condition or unsafe structure;
(3) 
An evaluation and description of the unsafe conditions;
(4) 
An evaluation and description of the problems associated with deterioration, of the conditions that caused deterioration, and/or of unsafe conditions;
(5) 
An evaluation and description of the corrective options available, including the recommended time frame for remedying the deterioration, conditions that caused deterioration, and unsafe conditions;
(6) 
An evaluation and description of the risks associated with not addressing the deterioration, conditions that caused deterioration, and unsafe conditions;
(7) 
The responsible professional engineer's recommendation regarding preventative maintenance;
(8) 
Except in the case of the report of the initial condition assessment, the responsible professional engineer's attestation that he or she reviewed all previously prepared condition assessment reports available for such parking garage, and considered the information in the previously prepared reports while performing the current condition assessment and while preparing the current report; and
(9) 
The responsible professional engineer's recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed. In making such recommendation, the following factors shall be taken into consideration:
(a) 
The age of the parking garage;
(b) 
The maintenance history;
(c) 
Structural condition;
(d) 
Construction materials;
(e) 
Frequency and intensity of use;
(f) 
Location;
(g) 
Exposure to the elements; and
(h) 
Any other factor deemed relevant by the professional engineer in his or her professional judgment.
D. 
The Building Superintendent shall review condition assessment reports and shall take such enforcement action or actions in response to the information in such condition assessment reports as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the Building Superintendent shall, by order to remedy or such other means of enforcement as the Building Superintendent may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to Subsection C above. All repairs and remedies shall comply with the applicable provisions of the Uniform Code and of the Village Code. This section shall not limit or impair the right of the Building Superintendent to take any other enforcement action, including but not limited to suspension or revocation of a parking garage's operating permit, as may be necessary or appropriate in response to the information in a condition assessment report.
E. 
Retention and inspection of condition assessment reports. The Building Department shall retain all condition assessment reports for the life of a parking garage. Such reports shall be made available for inspection by the professional engineer who has been engaged to conduct a condition assessment of a parking garage, upon presentation of a written statement attesting that such professional engineer has been so engaged by the owner of such parking garage. Copies of such reports will be provided to such professional engineer upon payment of applicable copying costs.
F. 
This article shall not limit or impair the right or the obligation of the Village:
(1) 
To perform such construction or other inspections as are warranted in the judgment of the Building Superintendent;
(2) 
To perform such periodic fire safety and property maintenance inspections as are warranted in the judgment of the Building Superintendent; and/or
(3) 
To take such permitted enforcement action or actions as may be necessary or appropriate to respond to any condition that comes to the attention of the Building Superintendent by means of its own inspections or observations, by means of a complaint, or by any other means other than a condition assessment or a report of a condition assessment.
A. 
Any owner of a parking garage subject to this article, and any other person or entity, that violates the provisions of this article, including but not limited to failing without good cause to timely submit a condition assessment report or application for the issuance or renewal of an operating permit, shall be notified in writing of such failure or violation by the Building Superintendent. If such failure or violation continues for a period of more than 30 days after the date of such notification, a notice of violation shall be issued. If, within 30 days after the issuance of a notice of violation, such violation or failure has still not been corrected, then the owner or other person or entity shall be subject to a fine of not more than $250 per day or a period of imprisonment not to exceed 15 days, or both. Each day a violation of this article exists shall constitute a separate violation of this article.
B. 
When the Village obtains a judgment in any action against the owner, in addition to the appropriate methods of enforcement of the judgment established in the New York Civil Practice Law and Rules, such judgment for penalties shall be assessed and collected in the same manner as general Village taxes.