Village of Fayetteville, NY In General

Constructed, installed and maintained in accordance with the provisions of this chapter and other pertinent ordinances or regulations of the Village applicable therein.

BASEMENT

A story partly underground but having at least 1/2 of its height above the average level of the adjoining ground. A "basement" shall be counted as a story for the purposes of height measurement if vertical distance between the ceiling and the average level of the adjoining ground is more than five feet, and in no event shall a cellar or "basement" be considered a dwelling.

BUILDING

Any structure having a roof for the shelter, housing or enclosure of persons, animals, chattels or property of any kind.

CELLAR

An enclosed space within the foundation walls of a building and having more than 1/2 of its height below the average level of the adjoining ground.

DWELLING

A building designed or used as the living quarters for one or more families. The terms "dwelling," "one-family dwelling," "two-family dwelling" and "dwelling group" shall not be deemed to include automobile court, rooming or tourist home.

DWELLING UNIT

A dwelling or portion thereof providing complete living facilities for one family.

ENFORCEMENT OFFICER

The Codes Enforcement Officer or a person designated by a majority of the Village Board of Trustees to carry out the duties of enforcement and administration specified in this chapter.

EXTERIOR PROPERTY AREAS

Open space on the premises and vacant open space on adjacent premises.

EXTERMINATION

The control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food by any other recognized and legal pest elimination method approved by the enforcement officer.

GARBAGE

The animal, vegetable and mineral waste resulting from the handling, preparation, cooking and consumption of food.

GRADE

The natural surface of the ground or the surface of the ground after completion of any change in contour, including the completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.

HABITABLE ROOM

A room or enclosed floor space used or intended to be used for living, sleeping, cooking, recreation or eating purposes, excluding stairways, bathrooms, water closet compartments, laundries, pantries, foyers, communicating corridors, closets or storage spaces.

INFESTATION

The presence, within or around a dwelling, dwelling unit, rooming house, rooming unit or premises, of insects, rodents, vermin or other pests.

KITCHEN

Space, 60 square feet or more in floor area, with a minimum width of five feet, used in 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 RESIDENCE

A building containing three or more dwelling units.

OCCUPANT

Any person, including an owner or operator, living, sleeping, cooking or eating in or having actual possession of a dwelling unit or room in a rooming house.

OPENABLE AREA

Any part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.

OPERATOR

Any person having charge, care, management or control of any dwelling or part of it in which dwelling-units or rooming units are let.

OWNER

Any person who, alone, jointly or severally with others, holds legal or equitable title to any dwelling, dwelling unit, rooming house or rooming unit.

PLUMBING

All of the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.

PREMISES

A plotted lot or part thereof or unplotted lot or parcel of land or plot of land, either occupied or unoccupied by any dwelling or nondwelling structure, including the dwelling or structures thereon.

PUBLIC HALL

Any hall, corridor or passageway not within the exclusive control of one family.

ROOMING HOUSE

Any dwelling or part thereof which contains one or more rooming units in which space is let by the occupant or owner to three or more persons not directly related to him.

ROOMING UNIT

Any room or group of rooms forming a single habitable unit used or intended to be used for living or sleeping but not for cooking or eating purposes.

RUBBISH

All combustible and noncombustible waste, except garbage.

SINGLE-FAMILY DWELLING

A dwelling occupied by one family alone.

SUPPLIED

Paid for, furnished or provided by or under the control of the owner or operator, his agents and/or representatives.

VENTILATION

Any ventilation by power-driven devices.

VENTILATION, NATURAL

Any ventilation by opening to outer air through windows, skylights, doors, louvers or stacks, with or without wind-driven devices.

WATER CLOSET

A toilet, with a bowl and trap, which is connected to the Village water and sewerage system or to other approved water supply and sewerage system.

Meaning of certain words. Whenever the words "building," "dwelling," "dwelling unit," "rooming house" and "premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."

§ 99-3 Scope.

Every building used in whole or in part as a dwelling unit or as two or more dwelling units or used in whole or part as a rooming house shall conform to the requirements of this chapter and all other ordinances of the Village irrespective of other uses in such building and irrespective of when such building may have been constructed, altered or repaired.

§ 99-4 Compliance required.

No person shall occupy as owner-occupant or let or rent to another for occupancy any dwelling, rooming house, dwelling unit or rooming unit for the purpose of living, sleeping, cooking or eating therein which does not comply with the requirements of this chapter.

§ 99-5 Amendments.

From time to time, on its own motion or on petition, the Village Board of Trustees may, after public hearing, amend, supplement or repeal the provisions of this chapter.

All proposed amendments to this chapter shall be submitted to the Village Board of Trustees.

§ 99-6 Conflict with other provisions.

Whenever a provision of this chapter is found to be in conflict with a provision of the building, zoning, sanitary or other ordinances of this Village or with county or state regulations applicable to this Village, the provisions which establish the higher standard for the promotion and protection of the health and safety of the people shall prevail.

§ 99-7 Penalties for offenses.

[Amended 1-14-1991 by L.L. No. 1-1991; 1-23-2012 by L.L. No. 4-2012]

See Ch. 113, Penalties for Offenses.