City of New Rochelle, NY
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2024-01-16
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The Code
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Part II: General Legislation
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Chapter 111 Building Construction
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Article VI Enforcement
- Charter
- Ch C Charter
- The Code
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 3 Ambulance Policy
- Ch 4 Appearance Tickets
- Ch 9 Boards, Commissions, Committees, Agencies and Councils
- Ch 12 Bond Anticipation Notes
- Ch 14 Business Improvement Districts
- Ch 15 (Reserved)
- Ch 16 City Council
- Ch 17 (Reserved)
- Ch 20 Claims, Settlement of
- Ch 23 Continuity of Government
- Ch 25 Credit Cards, Payment by
- Ch 27 Criminals, Reward for Apprehension
- Ch 28 Cyber Security Citizens' Notification Policy
- Ch 29 Defense and Indemnification
- Ch 30 Drug Testing
- Ch 31 Economic Opportunity and Nondiscrimination Policy
- Ch 33 Ethics, Code of
- Ch 37 Fire Department
- Ch 39 Flag, City
- Ch 40 Greenway Compact
- Ch 41 Insurance
- Ch 42 Investment Policy
- Ch 47 Official Map
- Ch 52 Personnel
- Ch 56 Police, Auxiliary
- Ch 58 Police Department
- Ch 62 Procurement Policy
- Ch 70 Salvation Army Collections
- Ch 74 Tax Collection
- Ch 74A Training Requirements
- Ch 75 Unencumbered Balances and Deficits
- Ch 76 Youth Court
- Part II: General Legislation
- Ch 79 (Reserved)
- Ch 81 Alarm Systems
- Ch 83 Alcoholic Beverages
- Ch 86 Amusements and Amusement Devices
- Ch 89 Animals
- Ch 93 Assemblies, Public
- Ch 96 Auctions and Auctioneers
- Ch 101 (Reserved)
- Ch 104 Bingo
- Ch 108 (Reserved)
- Ch 111 Building Construction
- Ch 111 Art VI Enforcement
- § 111-40 Penalties for offenses.
- § 111-41 Stop-work order.
- Ch 116 Buildings, Moving of
- Ch 118 Buildings, Numbering of
- Ch 119 Cabaret Fingerprinting
- Ch 120 Cabarets and Catering Establishments
- Ch 122 Cemeteries
- Ch 125 Christmas Trees
- Ch 127 Coastal Erosion Hazard Areas
- Ch 130 Commercial, Residential and Mixed-Occupancy Property Maintenance
- Ch 131 Community Choice Aggregation Energy Program
- Ch 133 Fees
- Ch 142 Filming
- Ch 147 Fire Prevention
- Ch 150 Fireworks
- Ch 154 Fumigation and Extermination
- Ch 157 Games of Chance
- Ch 160 Garage Sales
- Ch 163 Garbage, Rubbish and Refuse
- Ch 165 (Reserved)
- Ch 168 Harbor Management
- Ch 170 Historic Districts and Landmarks
- Ch 171 Historical Figures
- Ch 174 Housing Standards
- Ch 178 Impervious Surfaces
- Ch 181 Junk Dealers
- Ch 188 Licenses
- Ch 192 Loitering
- Ch 196 (Reserved)
- Ch 199 (Reserved)
- Ch 202 Minibikes
- Ch 205 Minors
- Ch 209 Multiple Dwellings
- Ch 213 Noise
- Ch 215 Illicit Discharges
- Ch 221 Parking Lots and Garages
- Ch 224 Parks
- Ch 227 Pawnbrokers
- Ch 231 Peace and Good Order
- Ch 235 Peddling and Soliciting
- Ch 238 Performance Bonds
- Ch 242 Plumbing and Drainage
- Ch 250 Property Maintenance
- Ch 253 Publications, City
- Ch 254 Public Displays
- Ch 255 Public Expressmen
- Ch 257 Property and Building Nuisances
- Ch 258 Public Place
- Ch 259 Records, Public
- Ch 260 Registration, Retail Business
- Ch 261 Registration, Student Housing
- Ch 264 Secondhand Articles and Vehicles
- Ch 265 Shopping Carts
- Ch 267 Sidewalk Cafes
- Ch 270 Signs
- Ch 276 Sound Trucks
- Ch 279 Sprinkler Systems
- Ch 281 Streets, Sidewalks and Public Places
- Ch 284 Sustainable Energy Loan Program
- Ch 286 (Reserved)
- Ch 288 Taxation
- Ch 290 Taxicabs
- Ch 292 Telecommunications Franchising and Licensing
- Ch 293 Theaters
- Ch 298 Transient Merchants
- Ch 301 Trees and Shrubs
- Ch 303 Tree Surgery
- Ch 306 Utility Poles
- Ch 309 Vehicles and Property, Abandoned
- Ch 312 Vehicles and Traffic
- Ch 313 Traffic Control Signal Photo Violation Monitoring System
- Ch 314 Electric Bicycles; Electric Scooters
- Ch 316 Vehicles, Towing and Booting
- Ch 318 Watercourses
- Ch 319 Wildlife
- Ch 320 Waterfront Consistency Review
- Ch 322 Weapons
- Ch 325 Window Cleaners
- Ch 328 Youth Protection Against Tobacco Advertising
- Ch 331 Zoning
- Appendix
- Ch A361 Land Development
- Ch A365 (Reserved)
- Ch A367 Municipal Civil Service Commission Rules and Regulations
- Disposition List
- Ch DL Disposition List
- Zoning Disposition List
- Ch ZDL Zoning Disposition List
[Amended 3-18-2003 by Ord. No. 63-2003; 10-16-2007 by Ord. No. 238-2007]
A.
Notice of violation. The Building Official shall serve
a notice of violation or order on the person responsible for the erection,
construction, alteration, extension, repair, use or occupancy of a
building or structure in a violation of the provisions of this Chapter
or the State Code or in violation of a detailed statement or a plan
approved thereunder or in violation of a permit or certificate issued
under the provisions of this Chapter, and such order shall direct
the discontinuance of the illegal action or condition and the abatement
of the violation.
B.
Prosecution of violation. If the notice of violation
is not complied with promptly, the Building Official shall request
the Corporation Counsel to institute the appropriate proceeding at
law or in equity to restrain, correct or abate such violation or to
require the removal or termination of the unlawful use of the building
or structure in violation of the provisions of this Chapter or the
State Code or of the order or direction made pursuant thereto.
C.
Violation penalties. For any and every violation of
the provisions of this Chapter or the State Code, the owner, general
agent or contractor of the building or premises where such violation
has been committed or shall exist and the lessee or tenant of an entire
building or entire premises where such violation has been committed
or shall exist and the owner, general agent or contractor, lessee
or tenant of any part of a building or premises in which part such
violation has been committed or shall exist and the general agent,
architect, engineer, builder or contractor or any person who commits,
takes part or assists in such violation or who maintains any building
or premises in which any such violation shall exist shall be subject
to a fine not more than $2,500 for a first offense and not more than
$5,000 for a second or subsequent offense within three years of a
first or other offense of this Chapter, or to imprisonment for not
more than 15 days, or both, and each and every day the violation continues
after the owner, general agent or contractor of the building or premises
where such violation occurred has been notified thereof shall be deemed
to be a separate and distinct violation.
D.
Abatement of violation. The imposition of the penalties
herein prescribed shall not preclude the legal officer of the municipality
from instituting appropriate action to prevent unlawful construction
or to restrain, correct or abate a violation or to prevent illegal
occupancy of a building, structure or premises or to stop an illegal
act, conduct, business or use of a building or structure in or about
any premises.
[Amended 3-18-2003 by Ord. No. 63-2003]
A.
Notice to owner. Upon notice from the Building Official
that work on any building or structure is being prosecuted contrary
to the provisions of the State Code, the approved plans or in an unsafe
and dangerous manner, such work shall be immediately stopped. The
stop-work order shall be in writing and shall be given to the owner
of the property involved or to the owner's agent or to the person
doing the work and shall state the conditions under which work may
be resumed.
B.
Unlawful continuance. Any person who shall continue
any work in or about the building after having been served with a
stop-work order, except such work as he is directed to perform to
remove a violation or unsafe condition, shall be considered in violation
of the State Code.
