[HISTORY: Adopted by the Council of the City
of New Rochelle 7-18-2000 by Ord. No. 130-2000. Amendments noted where
applicable.]
[Amended 3-18-2003 by Ord. No. 63-2003]
This chapter shall be known as the "Commercial,
Residential and Mixed-Occupancy Property Maintenance Code of the City
of New Rochelle."
[Amended 3-18-2003 by Ord. No. 63-2003]
This chapter provides basic and uniform standards
governing the condition, occupancy and maintenance of commercial,
residential and mixed-occupancy premises, for the purpose of establishing
reasonable safeguards for the safety, health and welfare of the occupants
of such premises, adjoining properties and the general public.
[Amended 3-18-2003 by Ord. No. 63-2003]
This chapter shall incorporate the standards
found in the Property Maintenance Code of New York State, which shall
be referred to in this chapter as the "State Code."
As used in this chapter, the following terms
shall have the meanings indicated:
A structure, the use of which is incidental to that of a
commercial premises and which is located on the same lot.
A building or combination of buildings and the lot on which
the same is located, used wholly or in part for commercial purposes,
including but not limited to offices, places of public assembly, shopping
centers, entertainment centers, restaurants, supermarkets, retail
stores, service businesses, wholesale stores, warehouses, manufacturing
or fabrication plants, assembly plants, gasoline stations and accessory
structures.
Occupancy of a lot in part for commercial use and in part
for other than commercial use.
Any individual having possession of a premises or any individual
over 18 years of age, living, sleeping, cooking or eating in or having
possession of a residential premises. This definition shall include
any individual entity that manages such premises on behalf of an owner,
except that in dwelling units a guest who occupies the premises for
less than 14 continuous days shall not be considered an occupant.
[Added 11-20-2018 by Ord.
No. 2018-227]
The owner of a parcel of real property as shown on the latest
tax assessment roll of the City Assessor.
A building or combination of buildings and the lot on which
the same is located used wholly for residential purposes.
[Added 3-18-2003 by Ord. No. 63-2003]
[Amended 3-18-2003 by Ord. No. 63-2003]
All commercial, residential and mixed-occupancy
premises shall be maintained in conformity with the provisions of
this chapter.
[1]
Editor's Note: Former § 130-6, Open
areas, was repealed 3-18-2003 by Ord. No. 63-2003.
[1]
Editor's Note: Former § 130-7, Buildings
and structures, was repealed 3-18-2003 by Ord. No. 63-2003.
[Amended 3-21-2023 by Ord. No. 2023-43]
All owners of commercial premises shall either
affix, maintain and keep updated a sign or plate on the ground floor
of each building on such premises, which sign or plate shall be directly
visible from the public sidewalk directly adjacent to such premises,
or file and keep updated a form with the City's Building Official,
which sign/plate or form shall contain the name, address and telephone
number of the owner's current representative to be contacted in the
event of emergency or violation of this chapter, which representative
must reside or have an office in the County of Westchester.
[Amended 3-18-2003 by Ord. No. 63-2003; 4-17-2007 by Ord. No. 80-2007]
A.
The Building Official of the City of New Rochelle
is designated as the administrator and shall secure compliance with
the applicable standards of this chapter.
B.
The Building Official shall designate such assistants
and inspectors as are necessary to effectively carry out enforcement
of this chapter.
[Amended 3-18-2003 by Ord. No. 63-2003; 4-17-2007 by Ord. No. 80-2007]
A.
The Building Official shall be charged with the duty
of administrating the applicable standards of this chapter.
B.
It shall be the duty of the Building Official:
(1)
To inspect and to cause inspection to be made of commercial,
residential, and mixed-occupancy premises within the scope of the
applicable standards, as necessary.
(a)
Inspectors shall be authorized and have the
right, in performance of their duties, to enter any commercial, residential,
and mixed-occupancy premises for purposes of inspection or any other
reason necessary to administer or secure compliance with this chapter.
(b)
Owners, agents, operators, occupants and tenants
shall be responsible for providing access to all parts of the commercial,
residential, and mixed-occupancy premises within their control to
inspectors acting in performance of their duties.
(2)
To investigate and to cause an investigation of all
complaints of alleged violations of this chapter. The Building Official
shall keep records of all complaints received, inspections made and
violations found regarding commercial, residential, and mixed-occupancy
premises regulated by this chapter. Records shall be kept and shall
be available for public inspection.
(3)
To issue notices of abatement under this chapter.
(4)
To issue notices of violation of this chapter and
to order, in writing, the remedy of all conditions found to exist
in or on any commercial, residential, and mixed-occupancy premises
and accessory structure thereon in violation of the provisions of
this chapter and to state in the notice of violation a thirty-day
limit for compliance, except in an emergency where conditions render
the commercial, residential, and mixed-occupancy premises unsafe for
occupancy and/or unsafe to adjoining properties and/or the general
public, in which event there shall be a forty-eight-hour limit for
compliance therewith and, where necessary, to order the vacating of
the premises found unfit for occupancy.
[Amended 3-18-2003 by Ord. No. 63-2003]
Owners of commercial, residential, and mixed-occupancy
premises shall be responsible for compliance with the provisions of
this chapter.
[Amended 3-18-2003 by Ord. No. 63-2003; 4-17-2007 by Ord. No. 80-2007]
In the event that an owner of an occupied or
unoccupied commercial, residential, and mixed-occupancy premises shall
fail to maintain the same as required under this chapter, the Building
Official may, in lieu of or in addition to written violation, 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 Section 200 of the City Charter.
A notice of violation may be served on the owner
as follows:
A.
Personally;
B.
By delivering to and leaving a copy thereof with a
person on the commercial, residential, and mixed-occupancy premises
of reasonable age and discretion and by mailing copies thereof by
both regular mail and certified mail, return receipt requested, to
the owner or occupant at the owner's address as shown on the latest
assessment roll of the City Assessor; or
[Amended 3-18-2003 by Ord. No. 63-2003; 11-20-2018 by Ord. No. 2018-227]
C.
By posting a copy in a conspicuous place on the exterior
of a structure on the commercial, residential, and mixed-occupancy
premises and by mailing copies thereof by both regular mail and certified
mail, return receipt requested, to the owner at the owner's address
as shown on the latest assessment roll of the City Assessor and by
mailing copies thereof by both regµlar mail and certified mail,
return receipt requested, to the occupant at the address of the premises
that is the subject of the violation notice.
[Amended 3-18-2003 by Ord. No. 63-2003; 11-20-2018 by Ord. No. 2018-227]
[Amended 3-18-2003 by Ord. No. 63-2003; 4-17-2007 by Ord. No. 80-2007; 10-16-2007 by Ord.
No. 238-2007]
A.
Every person or entity who shall fail to comply with
a notice of violation issued by the Building Official within the compliance
period stated in said notice shall be guilty of a violation of this
Chapter and shall be subject to the penalties provided herein.
B.
Each and every day that a violation of this Chapter
or the State Code exists following expiration of the compliance period
stated in a notice of violation shall constitute a separate violation
of this chapter.
C.
The penalty for each and every violation of this chapter
shall be a fine of 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 imprisonment for a
period not exceeding 15 days, or both such fine and imprisonment.
[Amended 3-18-2003 by Ord. No. 63-2003; 4-17-2007 by Ord. No. 80-2007]
In the event that an owner of an occupied or
unoccupied commercial, residential, and mixed-occupancy premises shall
fail to maintain the same as required under this chapter, the Building
Official may, in lieu of written violation and/or abatement notice,
bring a proceeding in New Rochelle City Court to compel compliance
with this chapter.
