[Amended 10-11-1976 by L.L. No. 32-1976; 6-27-1994 by L.L. No. 8-1994]
The Board of Trustees finds that the health,
safety and welfare of the residents of the Village of Patchogue is
advanced through the passage and strict enforcement of housing laws
and standards. It is the intent of this chapter to guarantee acceptable
living conditions for all Village residents, to protect the character
and stability of residential areas and to preserve the value of land
and buildings throughout the Village. The failure to monitor and maintain
the housing stock of the Village can result in unsafe, blighted, unhealthy
and unsanitary conditions, overcrowding and a stress on municipal
services. The provisions of this chapter apply to all residential
premises, whether or not held for rental, and to the common areas
and facilities of such premises.
In the event of a conflict between any provision
of this chapter and any provision of a zoning, building, electrical,
plumbing, fire, safety, health, water supply or sewage disposal law,
ordinance or regulation, the provision which is more restrictive and
which establishes a higher standard shall prevail.
No owner of any premises subject to the provisions
of this chapter, upon whom any notice of a violation has been served
pursuant to the provisions hereof or as to whom there shall be pending
any proceeding or action at law arising from the violation or alleged
violation of the provisions of this chapter, shall sell, transfer,
grant, mortgage, lease or otherwise dispose of the premises concerned
until compliance has been had with such notice and until any and all
proceedings in any court with respect to the same shall have been
finally determined, unless such owners shall furnish to the purchaser,
grantee, transferee, mortgagee or lessee, prior to such sale, grant,
transfer, mortgage or lease, a true copy of any such notice and a
notice indicating the pendency of any such proceeding and at the same
time give at least 10 days' notice to the Building Inspector of the
Village of Patchogue of the proposed sale, grant, transfer, mortgage
or lease, together with the names and addresses of all parties thereto.
As used in this chapter, the following terms
shall have the meanings indicated:
A structure subordinate to the main building on a lot and
used for purposes customarily incidental to those of the main building.
[1]A use or occupancy customarily incidental to the principal
use or occupancy of a residential building.
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.
An enclosed space containing one or more bathtubs or showers,
or both, and which may also contain water closets, lavatories or fixtures
serving similar purposes.
A room designed and authorized for use as a bedroom or, as
in the case of a studio apartment, a common room used for sleeping
purposes. Rooms having other purposes, such as dens, living rooms
or hallways, are not to be interpreted as "bedrooms." A room may not
be converted to a bedroom without the permission of the Building Inspector
and shall not be deemed authorized for use as a bedroom until written
authorization by the Building Inspector shall have been obtained.
[Added 4-26-1993 by L.L. No. 5-1993;
amended 12-10-2007 by L.L. No. 16-2007]
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.
The Building Inspector of the Village of Patchogue or any
person duly appointed as such Inspector.
[Added 11-8-1982 by L.L. No. 26-1982[2]]
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.
A platform-like structure commonly made of wood and commonly
extending from a building or surrounding a pool.
[Added 6-26-1995 by L.L. No. 11-1995]
A building designed and authorized for exclusive occupancy
as a home or residence for not more than one family, which building
shall have not more than one kitchen.
[3]A building designed and authorized for exclusive occupancy
as a home or residence for not more than two families living independently
of each other, which building shall have at least, but not more than,
two kitchens.
[4]One or more rooms with provisions for living, cooking, sanitary
and sleeping facilities arranged for the use of one family, said sleeping
facilities to be limited to sleeping rooms only.
[Amended 10-11-1976 by L.L. No. 32-1976]
A way of departure from the interior of a building or structure
to the exterior at street or grade level, including doorways, passageways,
hallways, corridors, stairways, ramps, fire escapes and all other
elements necessary for egress or escape.
One or more persons related by blood, adoption or marriage,
or a domestic partnership, living and cooking together as a single
housekeeping unit, or a number of persons, not so related, but the
factual and functional equivalent of the same, living and cooking
together as a single housekeeping unit and as a relatively permanent
household, and not as a framework for transients or transient living.
[5]A specification, code, rule, guide or procedure in the field
of construction or related thereto, recognized and accepted as authoritative.
The natural surface of the ground, or the surface of the
ground after completion of any change in contour, abutting building
or premises.
Space occupied by one or more persons for living, sleeping,
eating or cooking. Kitchenettes shall not be deemed to be "habitable
space."
Space containing central heat-producing or heat-transfer
equipment.
[Added 10-11-1976 by L.L. No. 32-1976]
Containing equipment having an individual or combined rated
gross capacity of 1,000,000 BTUs per hour or more, or capable of operating
at more than 15 pounds per square inch for steam or more than 30 pounds
per square inch or 250° F. for hot water.
[Added 10-11-1976 by L.L. No. 32-1976]
The presence, within or contiguous to a dwelling, dwelling
unit, lodging house, lodging unit or premises, of insects, rodents,
vermin or other pests.
Any assembly of cabinets, appliances, countertops or plumbing
used in connection with the storage, preparation or cooking of food.
[Amended 5-29-2007 by L.L. No. 8-2007]
A space, less than 60 square feet in floor area, used for
cooking or preparation of food.
The occupancy of a building used in part for residential
use and in part for some other use not accessory thereto.
Containing equipment having an individual or combined rated
gross capacity from 250,000 to 1,000,000 BTUs per hour and operating
at less than 15 pounds per square inch for steam or less than 30 pounds
per square inch or 250° F. for hot water.
[Added 10-11-1976 by L.L. No. 32-1976]
A building containing three or more dwelling
units.
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.
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.
A building used or occupied as a convalescent,
old age or nursing home, but not including private or public hospitals
or public institutions.
Space used as kitchenettes, pantries, bath, toilet, laundry,
rest, dressing, locker, storage, utility, heater, boiler and recreation
rooms, closets and other space for service and maintenance of the
building, and those spaces used for access and vertical travel between
stories and specifically excluding any rooms used for sleeping, eating
and cooking, other than kitchenettes. The presence of a bed or bed
frame in a room is presumptive evidence that the room is being used
for sleeping purposes.
[Amended 6-26-1995 by L.L. No. 11-1995[6]]
Any person, partnership, corporation or other entity who
has charge, care and/or control of a dwelling or premises, or a part
thereof, whether with or without the knowledge and/or consent of the
owner, including but not limited to a managing agent.
[Added 8-14-1995 by L.L. No. 14-1995]
Any person, partnership, corporation or other entity who,
alone or jointly, shall have legal title to any premises, with or
without accompanying actual possession thereof; or who shall have
charge, care or control of any dwelling unit as a cooperative shareholder
or as executor, administrator, trustee, receiver or guardian of the
estate or as a mortgagee in possession, title or control; including
but not limited to a bank or lending institution, regardless of how
such possession, title or control was obtained.
The water supply system, the drainage system, the vent system
and fixtures and traps, including their respective connections, devices
and appurtenances within the property lines of the premises.
Water which is approved for drinking, culinary and domestic
purposes.
Space within a residential building for public use.
Any room or group of rooms forming a single habitable unit
used, intended, arranged or designed to be used for living and sleeping,
but not for cooking or eating, purposes.
Liquid waste containing animal or vegetable matter in suspension
or solution, and which may include industrial wastes and liquids containing
chemicals.
Any and all devices used for producing heat in an unheated
space which are not part of the regular heating system of a dwelling.
[Added 6-26-1995 by L.L. No. 11-1995]
Anything constructed or erected which requires location in
or upon the ground or which is attached to something having location
in or upon the ground, including all types of signs, but not including
fences which are six feet or less in height or anything constructed
or erected which is less than 100 square feet in area and which is
used as a shed. The word "structure" shall be construed as though
followed by the words "or part thereof."
[Amended 5-26-1987 by L.L. No. 8-1987]
An enclosed space, containing one or more water closets,
which may also contain one or more lavatories, urinals and other plumbing
fixtures.
The supply and removal of air to and from a space by natural
or mechanical means.
Ventilation by power-driven devices.
Ventilation by an opening to the outer air through windows,
skylights, doors, louvers or stacks, with or without wind-driven devices.
All parts of a wall including doors, windows, locks and wall
coverings, including paint, wallpaper, vinyl wall covering, wood or
composite paneling or any other material used to cover or construct
a wall.
[Added 6-26-1995 by L.L. No. 11-1995]
