This chapter shall be known as the "Housing Standards Code," hereinafter referred to as "this chapter."
A. 
A county, city, town or village has the power to adopt and amend local laws relating to the safety, health and well-being of persons or property.
B. 
There exist and may in the future exist within the municipalities of Westchester County, and in particular within the Village of Dobbs Ferry, residential premises or parts thereof which, because of their structure, equipment, sanitation, maintenance, use or occupancy, threaten or are likely to threaten the public health, safety and general welfare of persons and families. To correct and prevent the existence of such adverse conditions and to achieve and maintain such levels of residential environmental quality which will prevent the spread of blight and upgrade salvageable areas where housing deterioration is beginning, the establishment and enforcement of the Housing Standards Code is required.
C. 
The purpose of this chapter is to ensure that housing standards are maintained at a level that is adequate for protection of health, safety, welfare and well-being of the occupants, the community and the general public by:
(1) 
Establishing minimum standards for basic equipment and facilities for light, ventilation and heating; for safety from fire; for use, location and amount of space for human occupancy; and for safe and sanitary maintenance.
(2) 
Ascribing responsibilities of owners and occupants for maintaining these standards.
(3) 
Providing for the administration of and compliance with this chapter.
A. 
This chapter shall apply to all buildings, whether in existence now or in the future, which are used as one- and two-family dwellings, multiple dwellings, rooming houses, group homes and mixed occupancy buildings.
B. 
This chapter establishes minimum requirements for the initial and continued occupancy and use of all residential structures and premises. It does not replace or modify requirements otherwise established for the construction, repair, alteration or use of structures, equipment or facilities except where obvious hazards to life, sanitation or adjoining properties are involved.
The provisions of this chapter shall supplement any zoning, building, electrical, plumbing, fire, safety or health law, ordinance, code or regulation of the Village of Dobbs Ferry, the Westchester County Board of Health, the County of Westchester and the State of New York.
Where a provision of this chapter is found to be in conflict with any of the above laws, ordinances, codes or regulations, the provision which establishes the higher standard shall prevail.
Where enforcement of a provision of this chapter causes any repairs, alterations or changes to buildings, such repairs, alterations or changes shall be done in a workmanlike manner and shall comply with all applicable laws, ordinances, codes and regulations and applicable sections of the Building Code of the Village of Dobbs Ferry.[1]
[1]
Editor's Note: See Ch. 127, Building Construction.
This chapter shall not affect violations of any other laws, ordinances, codes or regulations of the Village of Dobbs Ferry existing prior to the effective date of this chapter, and such violations shall be governed by and punishable to the full extent of the law under the provisions of those laws, ordinances, codes or regulations in effect at the time the violation was committed.
This chapter shall not abolish or impair existing remedies of the Village of Dobbs Ferry relating to the removal or demolition of any buildings which are deemed to be dangerous, unsafe or unsanitary.
A. 
The following definitions shall apply in the interpretation and enforcement of this chapter:
ACCESSORY STRUCTURE
A structure, the use of which is incidental to that of the main building and which is attached or located on the same premises.
BASEMENT
That portion of a building that is partly below grade which has more than 1/2 its height, measured from clear floor to ceiling, above the average finished grade of the ground abutting the building.
BULK CONTAINER
A garbage container having a capacity of two cubic yards or greater and which is equipped with fittings for hydraulic and/or mechanical emptying, unloading and/or removal.
CELLAR
Lowermost portion of a building, partly or totally underground, having half or more of its height, measured from clear floor to ceiling, below the average finished grade of the ground abutting the building.
COMBUSTIBLE
Material or combination of materials that will ignite and support combustion when heated to any temperature up to 1,382° F. (750° C.) during an exposure for five minutes.
CONDEMN
To adjudge unfit for use or occupancy.
DEPARTMENT
The Department of Buildings of the municipality or a department which regulates the administration and enforcement of this chapter.[1]
EGRESS
An arrangement of exit facilities to assure a safe means of exit from a building.
ENFORCEMENT OFFICER
The officer or other designated authority charged with the administration and enforcement of this chapter.
EXIT
A means of departure from the interior of a building to the exterior, at a street or to a yard, court or passageway leading to public open area, including doorways, passageways, hallways, corridors, stairways, ramps, fire escapes and all other elements necessary for egress or escape.
EXTERMINATION
The control and elimination of insects, vermin, rodents and other pests by eliminating their harborage areas; by removing or making inaccessible materials that might serve as their food; by poisoning, spraying, fumigating, trapping or using any other recognized and legal pest-elimination methods approved by the Enforcement Officer.
FIRE-RESISTANCE RATING
Time in hours or parts thereof that a material, construction or assembly will withstand fire exposure, as determined in a fire test made in conformity with generally accepted standards or as determined by extension or interpretation of information derived therefrom.
FLAME-RESISTANT MATERIAL
Material that is flame resistant by nature or has been made flame resistant in conformity with generally accepted standards.
FLUSH WATER CLOSET
A toilet bowl that is flushed with water supplied under pressure and equipped with a water-sealed trap above the floor level.
FUMIGATION
Extermination by the use of fumigants. A fumigant is any substance that, by itself or in combination with any other substance, emits or liberates a gas or gases, fumes or vapors which, when liberated and used for the destruction or control of insects, vermin, rodents or other pests, are lethal, poisonous, noxious or dangerous to human life.
GARBAGE
Animal and vegetable waste resulting from handling, preparation, cooking and consumption of food.
GROSS FLOOR AREA
The total area of all habitable space.
GROUP HOME
A family-type home for the care and maintenance of seven to 12 children, operated by an authorized agency.
GUEST
A person who shares a dwelling unit in a nonpermanent status for not more than 30 days.
HABITABLE SPACE
Space occupied by one or more persons for living, sleeping, eating or cooking, excluding kitchenettes, bathrooms, water closet rooms, laundries, pantries, dressing rooms, storage spaces, foyers, hallways, utility rooms, heater rooms, boiler rooms and basement or cellar recreation rooms.
HOUSEHOLD
One or more persons living together in a single dwelling unit and sharing common living, sleeping, cooking and eating facilities.
INFESTATION
The presence of a high incidence of insects, vermin, rodents or other pests within a residential building or on the outdoor premises.
INSECTICIDE
Any substance, not a fumigant, under whatever name known, used for the destruction or control of insects and other similar pests.
INTERIOR FINISH
Material applied directly to walls or ceilings for acoustical correction, surface insulation, decorative treatment or similar purposes, including but not limited to veneer, wainscoting and paneling. Surface finishes of wallpaper or other materials not more than 1/28 inch thick, having no greater fire hazard than wallpaper, shall not be deemed to be "interior finish."
INTERIOR TRIM
Material, generally not exceeding 12 inches in width, around openings or on wall or ceiling, including casings, stools, aprons, baseboards, chair rails, picture molds, cornice moldings and moldings applied for decoration.
KITCHEN
Space, 60 square feet or more in floor area, with a minimum width of five feet, used for cooking or preparation of food and deemed habitable space.
KITCHENETTE
Space, less than 60 square feet in floor area, used for cooking or preparation of food and not deemed habitable space.
MULTIPLE DWELLING
(1) 
Any of the following:
(a) 
A building designed or occupied for residential purposes by three or more families.
(b) 
A series of attached, detached or semidetached buildings which are provided as a group collectively with essential services and utilities and which are located on a lot, plot or parcel of land under common ownership.
(c) 
The residential part of a mixed occupancy building.
(2) 
Regardless of the foregoing, any residential building other than a one- or two-family house on a single zoning lot shall be deemed to be a "multiple dwelling."
MUNICIPALITY
The Village of Dobbs Ferry.
NONCOMBUSTIBLE
Material or combination of materials that will not ignite and support combustion when heated at any temperature up to 1,382° F. (750° C.) during an exposure for five minutes.
NONHABITABLE SPACE OR AREA
Space used for and including but not limited to kitchenettes, pantries, bath, toilet, laundry, rest, dressing, locker, storage, utility, heater and boiler rooms and other spaces for service and maintenance of the building or structure.
NUISANCE
Includes the following:
(1) 
ATTRACTIVE NUISANCEAttractive to and detrimental to children. This includes abandoned wells, shafts, basements and excavations; abandoned refrigerators and motor vehicles; any structurally unsound fences and structures; and lumber, trash, fences, debris and vegetation that may prove a hazard for inquisitive minors.
(2) 
HEALTH NUISANCEDangerous to human life or detrimental to health, as determined by the Enforcement Officer.
(3) 
PUBLIC NUISANCEThe physical condition or use of any premises regarded as a public nuisance at common law.
OCCUPANT
Any person over one year of age living, sleeping, cooking or eating in or having actual possession of a dwelling unit or rooming unit.
OPERATOR
Any person who has charge, care or control of a multiple residence or rooming house in which dwelling units or rooming units are let or offered for occupancy.
OWNER
Owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building.
PERMISSIBLE OCCUPANCY
The maximum number of persons permitted as a family or household to reside in a dwelling unit or rooming unit, based on the square feet per person in habitable rooms.
PERSON
Any individual, firm, corporation, association or partnership.
POTABLE WATER
Water duly approved as satisfactory and safe for drinking.
PREMISES
A lot, plot or parcel of land, including the buildings or structures thereon.
PRIVACY
The ability of a person or persons to carry out an activity without interruption or interference, either by sight or sound, by unwanted individuals.
PUBLIC AREAS
Areas available for common usage or used for storage purposes or for mechanical equipment of the dwelling.
PUBLIC SEWER
Sewer operated by a public authority or public utility and available for public use.
RATPROOFING
A form of construction that will prevent the ingress or egress of rats to or from a given space or building or prevent them from gaining access to food, water or harborage. It consists of the closing and keeping closed of every opening in foundations, basements, cellars, exterior and interior walls, ground or first floors, roofs, sidewalk gratings, sidewalk openings and other places that may be reached and entered by rats climbing, burrowing or other methods, by the use of materials impervious to rat gnawing or by other methods approved by the Enforcement Officer.
RODENTICIDE
Any substance, not a fumigant, under whatever name known, whether poisonous or otherwise, used for the destruction or control of rodents.
ROOMING HOUSE
A residential building or part thereof which contains one or more rooming units and, in which, space is occupied or intended to be occupied by three or more persons who are not husband or wife, son or daughter, mother or father or sister or brother of the owner or operator.
RUBBISH
All combustible and noncombustible waste, except garbage.
SEWAGE
Waste from a flush toilet, bath, sink, lavatory, dish-washing or laundry machine, or the water-carried waste from any other fixture or equipment or machine.
SPACE HEATER
A self-contained heating appliance of either the convection type or the radiant type and intended primarily to heat only a limited space or area, such as one room or two adjoining rooms.
[1]
Editor's Note: The former definition of "dwelling unit," which immediately followed, was repealed 6-27-2006 by L.L. No. 7-2006.
B. 
The term "shall," as used in this chapter, is always to be construed as mandatory.
Whenever the words "building," "rooming house," " dwelling unit," "rooming units," "premises" and "structure" are used in the chapter, they shall be construed as though they were followed by the words "or any part thereof."
Words used in the singular include the plural, and the plural the singular; the masculine gender includes the feminine, and the feminine the masculine.
The words "approved," "adequate," "properly installed" and "properly connected" shall refer to those standards in the Multiple Residence Law, local building code and any other enactment of law applicable to a building or under inspection by the Department and all rules and regulations adopted pursuant to this chapter. Words not specifically defined in this chapter shall have the common definition set forth in a standard dictionary.