63-60

COMPLIANCE

No later than June 30th of the year, beginning in the second calendar year following the calendar year in which certification was made, and at three-year intervals thereafter, the Chairperson of the City Planning Commission shall be provided with an affidavit, in a form acceptable to the Department of City Planning, regarding compliance with the requirements of the declaration of restrictions and the regulations of this Chapter, as of a date of inspection which shall be no earlier than June 1st of the year in which the affidavit is filed. Such affidavit shall be provided by the owner(s) of the tax lot(s) on which the FRESH food store is located. Such affidavit shall include, without limitation:

(a)        a copy of the original FRESH food store certification letter and, if applicable, any approval letter pertaining to any other authorization or certification pursuant to this Chapter;

(b)        a statement that the floor area or cellar space that was certified to be operated as a FRESH food store continues to be operated as such in accordance with the declaration of restrictions; and

(c)        photographs documenting the condition of the FRESH food store at the time of inspection, sufficient to clearly show all floor area or cellar space operated as a FRESH food store.

Failure to comply with a condition or restriction in an authorization or certification granted pursuant to this Chapter or with approved plans related thereto, or failure to submit a required compliance report, shall constitute a violation of this Resolution and may constitute the basis for denial or revocation of a building permit or certificate of occupancy, or for a revocation of such authorization or certification, and for the implementation of all other applicable remedies.

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