[Amended 9-7-1971]
It is hereby found and declared that there exist in the Village of Mount
Kisco a substantial number of structures containing two or more dwelling units,
each designed for occupancy by a distinct family unit; that certain problems
exist in connection with the operation of such structures, particularly with
respect to the provisions of this chapter of the Code of the Village of Mount
Kisco, which affect the health, safety and general welfare of the persons
residing therein and of the population of the village in general; that administration
of the provisions of this chapter is especially inhibited with regard to rental
units in that the curing of violations in such units is made more difficult
by the presence of persons actually occupying such units while violations
continue; and that increased efficiency in the administration of this chapter
will alleviate the conditions above referred to, will assist in the prevention
of blight and decay and will help to maintain the economic value of real property
in the village.
As used in this chapter, the following terms shall have the meanings
indicated:
ACCESSORY STRUCTURE
A structure, the use of which is incidental to that of the residential
building and which is located on the same premises.
ACCESSORY USE
A use, occupancy or tenancy customarily incidental to the principal
use or occupancy of a residential building. Such "accessory use" may include,
among others, the following:
A.
Offices for the building management.
B.
Dining rooms, banquet rooms, public kitchens and ballrooms.
C.
Recreation and play rooms.
D.
Laundries for the use of tenants and occupants and in connection with
the management and operation of a residential building.
E.
Maintenance and work shops, storage rooms for linen, bedding, furniture,
supplies and tenants' equipment and effects.
F.
Rooms or space for the incidental sale or display of merchandise to
occupants and tenants, such as newspaper, candy and cigar stands.
G.
Garages within a residential building or on the premises thereof used
primarily for the storage of passenger-type motor vehicles.
APPROVED
Approved by the administrative officer under the regulations of this
Article or approved by an authority designated by law or this Article.
BASEMENT
That space of a building that is partly below grade, which has more
than half its height, measured from floor to ceiling, above the average established
curb level or finished grade of the ground adjoining the building.
BATHROOM
Enclosed space containing one or more bathtubs or showers, or both,
and which may also contain water closets, lavatories or fixtures serving similar
purposes. See definition of "toilet rooms."
BUILDING
A structure wholly or partially enclosed within exterior walls, or
within exterior or party walls, and a roof, affording shelter to persons,
animals or property.
CELLAR
That space of a building that is partly or entirely below grade,
which has more than half of its height, measured from floor to ceiling, below
the average established curb level or finished grade of the ground adjoining
the building.
DWELLING, ONE-FAMILY
A building containing not more than one dwelling unit, occupied exclusively
for residential purposes.
DWELLING, TWO-FAMILY
A building containing not more than two dwelling units, occupied
exclusively for residential purposes.
DWELLING UNIT
One or more rooms with provision for living, cooking, sanitary and
sleeping facilities, arranged for the use of one family.
EXIT
A way of departure from the interior of a building or structure to
the exterior at street or grade, including doorways, passageways, hallways,
corridors, stairways, ramps, fire escapes and all other elements necessary
for egress or escape.
FAMILY
Any number of individuals related by blood, marriage or adoption
or not more than four persons who are not so related, living together as a
single housekeeping unit using rooms and housekeeping facilities in common
and having such meals as they may eat at home generally prepared and eaten
together.
GENERALLY ACCEPTED STANDARD
A specification, code, rule, guide or procedure in the field of construction
or related thereto recognized and accepted as authoritative.
GRADE, FINISHED
Natural surface of the ground or the surface of the ground after
completion of any change in contour, abutting a building or premises.
HABITABLE SPACE
A space occupied by one or more persons for living, sleeping, eating
or cooking. Kitchenettes shall not be deemed to be "habitable space." (See
definitions of "nonhabitable space," "public space" and "exit.")
INFESTATION
The presence, within or contiguous to a dwelling unit, lodging house,
lodging unit or premises, of insects, rodents, vermin or other pests.
KITCHEN
A space 60 square feet or more in floor area, with a minimum width
of five feet, used for cooking or preparation of food.
KITCHENETTE
A space less than 60 square feet in floor area, used for cooking
or preparation of food.
LODGING HOUSE
A multiple dwelling used primarily for the purpose of furnishing
lodging, with or without meals, for compensation.
LODGING UNIT
A room or group of rooms forming a single habitable unit, used or
intended to be used for lodging.
MIXED OCCUPANCY
Occupancy of a building in part for residential use and in part for
some other use not accessory thereto.
MULTIPLE DWELLING
A.
A building containing three or more dwelling units.
B.
A building containing living, sanitary and sleeping facilities occupied
by one or two families and more than four lodgers residing with either one
of such families.
C.
A building with one or more sleeping rooms, other than a one- or two-family
dwelling, used or occupied by permanent or transient paying guests or tenants.
D.
A building with sleeping accommodations for more than five persons,
used or occupied as a club, dormitory, fraternity or sorority house or for
similar uses.
E.
A building used or occupied as a convalescent, old-age or nursing home, but not including private or public hospitals or public institutions. (See §
72-2C for certain multiple dwellings not within scope of this Article.)
NONHABITABLE SPACE
Space used as kitchenettes, pantries, bath, toilet, laundry, rest,
dressing, locker, storage, utility, heater and boiler rooms, closets and other
spaces for service and maintenance of the building and those spaces used for
access and vertical travel between stories. (See definitions of "habitable
space, "public space" and "exit.")
OWNER
An individual, partnership, corporation or other legal entity which
is the owner of record of real property subject to the provisions of this
chapter. In cases where such "owner" is a partnership, each general partner
shall also be considered to be an "owner" with respect to such property, and
in cases where such "owner" is a corporation, each person owning 20% of the
voting shares thereof or more shall be considered to be an "owner" with respect
to such property.
[Added 9-7-1971]
PLUMBING SYSTEM
The water supply system, the drainage system, the vent system, fixtures
and traps, including their respective connections, devices and appurtenances
within the property line of the premises.
POTABLE WATER
Water which is approved for drinking, culinary and domestic purposes.
PUBLIC SPACE
Space within a residential building for public use, such as lobbies,
lounges, reception, ball, meeting, lecture and recreation rooms, banquet and
dining rooms and their kitchens and swimming pools.
SEWAGE
Liquid waste containing animal or vegetable matter in suspension
or solution and which may include industrial wastes and liquids containing
chemicals.
STRUCTURE
An assembly of materials forming a construction framed of component
structural parts for occupancy or use, including buildings.
TOILET ROOM
Enclosed space containing one or more water closets, which may also
contain one or more lavatories, urinals and other plumbing fixtures. (See
definition of "bathroom.")
VENTILATION
Supply and removal of air to and from a space by natural or mechanical
means.
VENTILATION, NATURAL
Ventilation by opening to outer air through windows, skylights, doors,
louvers or stacks, with or without wind-driven devices.
Buildings, for the purpose of this Article, shall be classified in respect
to their occupancies as follows:
A. One- and two-family dwellings. Buildings containing one
or two dwelling units with less than four lodgers residing with a family in
either one of such dwelling units.
B. Multiple dwellings.
(1) Buildings containing one or two dwelling units with more
than four lodgers with a family in either one of such dwelling units.
(2) Buildings containing three or more dwelling units.
(3) Apartment houses and apartment hotels.
(5) Buildings with sleeping accommodations for more than
five persons, used or occupied as a club, dormitory, fraternity or sorority
house or for similar uses.
C. Accessory structures. Garages, carports and similar-type
structures on residential premises.
Interior finish materials for acoustical correction, surface insulation
and decorative treatment on the surfaces of walls and ceilings and interior
trim shall be of materials that will not, in burning, give off excessive amounts
of smoke or objectionable gases.
Residential premises shall be maintained in conformity with the provisions
of this Article so as to assure the desirable residential character of the
property.
Domestic animals and pets shall be kept in an appropriate manner and
shall not be permitted to run at large.
The purpose of this Article is to provide basic and uniform administration
of and compliance with applicable housing standards and to establish the responsibilities
of parties concerned therewith.
Lodging house operators shall be responsible for compliance with the
housing standards with regard to the following:
A. Limiting occupancy to the maximum permitted by the housing
standards.
B. Maintenance of safe and sanitary conditions in all parts
of lodging house premises.
C. Maintenance and operation of all required service facilities.
D. Maintenance of all plumbing, cooking and refrigeration
fixtures and appliances within his control, as well as other building equipment
and facilities, in an operative, clean and sanitary condition.
E. Sanitary maintenance of walls, floors and ceilings.
F. Keeping exits clear and unencumbered.
G. Disposal of building garbage and refuse in a clean and
sanitary manner.
H. Extermination of insects, rodents or other pests on the
premises.
I. Hanging and removing required screens.
Occupants of dwelling units shall be responsible for compliance with
the housing standards with regard to the following:
A. Limiting occupancy of that part of the premises which
he occupies or controls to the maximum permitted by the housing standards.
B. Maintenance of that part of the premises which he occupies
or controls in a clean, sanitary and safe condition.
C. Maintenance of all plumbing, cooking and refrigeration
fixtures and appliances, as well as other building equipment and storage facilities
in that part of the premises which he occupies or controls, in a clean and
sanitary condition and providing reasonable care in the operation and use
thereof.
D. Keeping exits from his dwelling unit clear and unencumbered.
E. Disposal of garbage and refuse into provided facilities
in a clean and sanitary manner.
F. Extermination of insects, rodents or other pests within
his dwelling unit if his unit is the only one infested in the premises.
G. Hanging and removing required screens.
H. Keeping his domestic animals and pets in an appropriate
manner and under control.
[Amended 9-7-1971; 7-19-1982
by L.L. No. 4-1982; 8-24-1992
by L.L. No. 9-1992]
Any person committing an offense against any provision of this chapter shall be punishable as provided in §
1-17A of this Code.
[Added 6-19-1995 by L.L.
No. 4-1995]
Each of the provisions of this chapter is hereby readopted without substantive
change by local law, pursuant to the Municipal Home Rule Law of the State
of New York. The provisions of this chapter, and the provisions establishing
penalties for violating this chapter set forth elsewhere in this Code, shall
supersede the provisions of the Village Law to the extent that they are inconsistent
therewith.