Town of Mamakating, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Mamakating 10-4-1984 by L.L. No. 1-1984. Amendments noted where applicable.]
GENERAL REFERENCES
Electrical standards — See Ch. 85.
Fire prevention and building construction — See Ch. 99.
The purpose of this chapter is to provide standards governing the facilities and the condition, use, occupancy and maintenance of residential premises, excluding single-family dwellings, to safeguard the safety, health and welfare of the occupants and users thereof.
This chapter will be applicable to the following:
A. 
Lots, plots or parcels of land on which buildings devoted to residential use or occupancy, including multiple dwellings, mixed-occupancy buildings or accessory structures and migrant housing, are located.
B. 
Buildings devoted to residential use or occupancy, including multiple dwellings, mixed-occupancy buildings, accessory structures and migrant housing.
A. 
In dwelling units, the maximum number of occupants of each such respective unit shall be limited to a number determined on the basis of the floor area of each habitable room, other than kitchens, as follows:
(1) 
One occupant per habitable room having a floor area of at least 80 but less than 120 square feet.
(2) 
Two occupants per habitable room having a floor area of at least 120 but less than 180 square feet.
(3) 
Three occupants per habitable room having a floor area of 180 or more square feet.
B. 
In hotel units and lodging units, the maximum number of occupants shall be limited to the number determined on the same basis as for dwelling units.
C. 
In dormitory units, the maximum number of occupants shall be limited to a number determined by dividing the floor area of the unit by 40 square feet.
[Amended 6-20-1986 by L.L. No. 4-1986]
D. 
The maximum number of occupants permitted in hotel units, lodging units or dormitory units shall be posted in a conspicuous place in each such unit.
E. 
Communal dining rooms and central dining rooms shall contain at least 15 square feet of floor area per occupant. The maximum number of occupants permitted, at any particular time, shall be posted in each such unit.
It shall be prohibited to exceed the maximum occupancy standards as set forth in § 120-3 herein.
The owner, operator or agent in control of the building shall be responsible for the following:
A. 
Limiting occupancy to the maximum number of occupants permitted.
B. 
Posting required statements of the maximum number of occupants permitted.
[Amended 10-4-1990 by L.L. No. 7-1990]
The Town Multiple Residence Code Enforcement Officer, Town Building Inspector and Town Fire Code Enforcement Officer shall be charged with the duty of enforcing the provisions of this chapter and shall have the power to enter, examine and inspect or cause to be examined and inspected any building or property for the purpose of carrying out the duties of such person or department under this chapter and are authorized and empowered to file formal complaints and issue notices of violation of this chapter to a court of competent jurisdiction. These officials are further authorized and empowered to prosecute said violations before a court of competent jurisdiction.
[Amended 10-4-1990 by L.L. No. 7-1990]
A. 
Any person or agent who, having been served with a notice or order to remove any violation of this chapter or any nuisance, fails to comply therewith within 30 days or within such further reasonable time therefor fixed by the code enforcement officers shall be guilty of a violation punishable, for each offense, as set forth in Chapter 1, General Provisions, Article II, General Penalty.
B. 
The term "person," as used in this section, shall include the owner, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of a dwelling or part thereof.