[HISTORY: Adopted by the Common Council of
the City of Peekskill as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-10-1985; amended in its entirety 7-29-1996 (Ch. 138, Art.
I of the 1984 Code)]
This article shall be known as the "Commercial
Maintenance Code of the City of Peekskill."
This article shall apply to all premises and
commercially zoned lots within the City of Peekskill, except those
premises used solely for residential purposes. Mixed-use structures
shall be covered by this article.
Structures shall be kept in structurally sound
condition capable of sustaining the loads for which intended and used.
A.
Exterior doors, windows, skylights and other opening
closures shall be maintained in weather-tight and clean condition.
B.
Deteriorated, rotten and damaged portions of doors
and windows are to be restored and maintained to match the building's
features.
C.
Storefronts, subject to being boarded up, will require
adequate blocking to ensure that the exterior product is securely
attached. Whole-material stock of a consistent dimension is to be
used. No alcoves shall be permitted. All materials shall be installed
straight and true. All exposed materials shall be painted to match
the existing building, subject to the approval of the Building Department.
A.
Exterior surfaces shall be maintained in good condition. Surfaces not inherently resistant to deterioration shall be treated with a protective coating of paint or other suitable preservative. All previously painted surfaces shall be maintained in sound condition, free of excessive peeling paint, for the purposes of appearance and preservation. In addition, the owner of such property shall be responsible for the removal of all graffiti and/or property defacement marks upon all exterior surfaces in accordance with Chapter 432, Property Defacement, of this City Code.
Structures shall be maintained free of insect,
vermin, fowl and rodent harborage and infestation.
Surface and subsurface water shall be appropriately
drained to protect buildings and structures and to prevent ponding.
Fences, walls and other minor constructions
shall be maintained in safe, good and substantial condition.
[Amended 1-11-1999]
A.
Steps, walks, driveways, parking spaces and similar
paved areas shall be maintained to afford safe and convenient passage.
B.
Any commercial retail establishment which sells goods, food, products or other items at retail or wholesale, which items are removed from the premises by the customer, shall be responsible for the clean and orderly maintenance of all sidewalks, driveways, curbs and other public ways for distance of 50 feet in each direction as measured from each property line of said premises. Any commercial establishment, whether wholesale or retail, shall be responsible for the removal and cleanup of any and all refuse, garbage, trash, wrappers, packaging or other material which it utilizes or sells in the conduct of its business. All such commercial establishments shall be obligated to remove any such refuse, garbage, trash, wrappers, packaging or other material on a continuous basis from the time they open their business to the public up to a half hour after they close their business to the public. For the purposes of this Subsection B, trash, refuse, garbage or other material which remains on City sidewalks, driveways, curbs or public ways in violation of this section and which, by its nature, packaging or labeling, is clearly identifiable as having originated in a particular commercial establishment shall be prima facie evidence, subject to rebuttal, that such material emanated from said establishment.
[Amended 1-11-1999]
A.
Yards, courts and vacant lots shall be kept clean
and free of hazards, junk, debris, unauthorized outside storage and
unlicensed or unregistered vehicles.
B.
Authorized outside storage shall be uniformly stacked
and screened from view.
C.
Authorized clothing pickup bins shall be maintained
in good, clean condition at all times.
D.
Unauthorized clothing pickup bins shall be removed. Any unauthorized
clothing pickup bin not removed after written notice of 15 days will
be removed by the City and stored at a rate as set forth in the Consolidated
Fee Schedule maintained in the office of the City Clerk. Any bin not
claimed after 30 days will be disposed.
[Amended 9-25-2017 by L.L. No. 2-2017]
A.
Ground cover shall be properly established to prevent
undue soil erosion due to the elements.
B.
Heavy undergrowth and accumulations of plant growth
which are noxious or detrimental to health or safety shall be eliminated.
C.
Hedges and bushes shall be kept trimmed and be prevented
from becoming overgrown. Plantings required by site plan approval
shall be replaced when the same have died.
D.
Grass and weed overgrowth shall be maintained and
shall not exceed six inches in height.
A.
Signs shall be maintained in safe and sound condition.
B.
Any sign which advertises, identifies or pertains
to an activity no longer in existence shall be removed by the owner
of the property within 30 days from the time the activity ceases to
exist. This provision does not apply to seasonal activities during
the regular periods in which they are closed.
Building and stanchion lighting shall be maintained
in safe and working condition.
A.
Unoccupied buildings shall be maintained in broom-clean
condition and free of litter.
B.
All openings shall be sealed in a manner to prevent
unauthorized entry. Openings will require blocking to ensure that
the exterior product is securely attached. Whole-material stock of
a consistent dimension is to be used. All materials shall be installed
straight and true. Exposed materials shall be painted to match the
existing building.
[Amended 6-24-2019 by L.L. No. 3-2019]
The Director of Public Works or his duly authorized
assistant(s) shall have the right to enter any structure or land covered
by this article at any reasonable hour in the course of their duties
to inspect the same for compliance with this article and the New York
Uniform Fire Prevention and Building Code.
[Amended 1-11-1999; 3-13-2000]
A first offense against the provisions of Article I of this Chapter 230 will be punishable by a fine of not less than $150 and not more than $250. A second offense against this Article I will be punishable by a fine of not less than $250 and not more than $500. All subsequent offenses against this Article I will be punishable by a fine of not less than $500 and not more than $1,000 or by imprisonment for a term not to exceed 15 days, or both. Each day a violation of this chapter is committed or permitted to continue will constitute a separate offense and will be punishable as such hereunder.
[Amended 6-24-2019 by L.L. No. 3-2019]
The Director of Public Works, upon his written
finding that a violation of this article exists which, in his opinion,
requires immediate action to abate a direct hazard or immediate danger
to the health, safety or welfare of the occupants of a building or
the public, may issue an order citing the violation and directing
that such action be taken as is necessary to remove or abate the hazard
or danger. Such notice shall be accompanied by a written report prepared
by him or his subordinates at his direction, detailing the unsafe
condition of the building, and shall contain notice of a hearing to
be held before him on at least one day's notice. Such order may include
an order to vacate. Notwithstanding any other provisions of this article,
such an order shall be effective 24 hours after service and shall
be complied with by said effective time or as otherwise provided.
Nothing in this article shall prevent the City
from availing itself of any lawful remedy in preventing or abating
any violation of any provision of this article.
[Amended 5-14-2007 by L.L. No. 3-2007; 3-12-2012 by L.L. No. 4-2012]
A.
The Director of Public Works, upon written finding that a property owner has not complied with a violation notice issued under this article and that continuance of the violation cited would be hazardous or detrimental to surrounding properties and the property upon which the violation exists, may cause said violation to be abated by the City pursuant to the procedures set forth in § C205 of the City Charter.
[Amended 6-24-2019 by L.L. No. 3-2019]
B.
In the event that an owner of an occupied or unoccupied commercial and mixed-occupancy premises shall fail to maintain the same as required under this article, the City Manager or City Manager’s designee, in lieu of or in addition to written violation, may serve written abatement notice on the owner and the owner's representative and may cause such work to be undertaken by or on behalf of the City, pursuant to the procedures set forth in § C205 of the City Charter.
[Adopted 1-9-1996 (Ch. 138, Art. II, of the 1984 Code)]
A.
During the period from September 15 to May 31 of each
year, a person who, by any contract, agreement, lease or other arrangement
(including a month-to-month tenancy) or by law, is required to heat
or furnish heat to any building, or portion thereof, occupied as a
business establishment or for public or governmental purposes where
one or more persons are employed shall furnish heat for every occupied
room in such building, or portion thereof, so that a minimum air temperature
of 65° F. may be maintained therein during the usual working hours
established and maintained in a building, or portion thereof, occupied
as a business establishment or for public or governmental purposes
unless other hours are provided by a contract or agreement.
[Amended 1-12-2009 by L.L. No. 2-2009]
B.
For the purposes of this section, the temperature
within a place of habitation or any building or portion thereof occupied
as a business establishment or for public or governmental purposes
where one or more persons are employed shall be that obtained at a
distance of 18 inches above the average floor level and three feet
from an outside wall of the room in which such temperature is obtained.
C.
An owner, agent or responsible person in charge of
a building for which heat is required to be furnished pursuant to
this section shall be liable for failure to comply with this section.
D.
Any person who is required to furnish heat pursuant
to this section shall maintain the device, system or both which provides
such heat in a safe and operable condition.
[Amended 5-14-2007 by L.L. No. 3-2007;
amended 6-24-2019 by L.L. No. 3-2019]
Any person who is required to furnish heat pursuant
to this article shall cause the device, system or both which provides
such heat to be inspected annually by a person qualified to make such
inspection. A record of such inspection shall be maintained on the
premises and a copy shall be furnished to the Department of Public
Works upon request.
[Amended 5-14-2007 by L.L. No. 3-2007; 6-24-2019 by L.L. No. 3-2019]
In the event of failure or malfunction of the
device, system or both which provides heat to a building or part thereof
as required by this article, the Department of Public Works may require
that the owner, agent or responsible person in charge shall provide
an acceptable and safe method of providing heat until the failure
or malfunction is repaired, but nothing herein shall be construed
to remove the obligation to repair the failure or malfunction.
A.
The provisions of this article shall not apply to
a building or portion thereof used and occupied as a trade, business
or occupation where low air temperatures are essential and unavoidable
nor where failure to maintain the required temperature is the direct
result of:
(1)
A written agreement between the owner and the occupant
expressly placing responsibility for provision of heat upon the tenant
or occupant;
(2)
The manner of operation of the business of the occupant;
or
(3)
The neglect or malicious act of the occupant, necessary
repairs or alterations or any cause beyond the control of the owner,
agent or responsible person in charge.
B.
However, nothing in these exemptions shall be construed
to relieve a responsible person from his duty to maintain or repair
the premises, including the heating system, in accordance with all
applicable ordinances and laws.
Notwithstanding any other provision of the City Code of the City of Peekskill, a notice of violation of any of the provisions of this Article II may be served upon any owner, agent or responsible person in charge of a building for which heat is required to be furnished pursuant to this article. Such notice shall specify the date of the violation and the remedial measures to be undertaken if the same are readily identifiable and shall provide that the condition must be rectified within 24 hours. Such service may be effected by personal delivery or by posting a copy of the notice upon the affected premises and mailing a copy of said notice to the owner, agent or responsible person in charge by certified mail.
[Amended 5-14-2007 by L.L. No. 3-2007]
Any person convicted of a violation of any of the provisions of this Article II of Chapter 230 shall be liable for a fine of not less than $25 nor more than $100 for a first offense and a fine of not less than $50 nor more than $250 and/or a term of imprisonment not exceeding 10 days for each subsequent offense. For purposes of this section, each twenty-four-hour period during which a premises remains in violation shall constitute a separate offense.
