The following general provisions shall apply in the interpretation
and enforcement of this chapter.
It is hereby found that there exist and may in the future exist,
within the Town of New Milford, premises, dwellings, dwelling units,
rooming units or parts thereof which by reason of their structure,
equipment, sanitation, maintenance, use or occupancy affect or are
likely to affect adversely the public health (including the physical,
mental and social well-being of persons and families), safety and
general welfare. To correct and prevent the existence of such adverse
conditions and to achieve and maintain such levels of residential
environmental quality as will protect and promote public health, safety
and general welfare, it is further found that the establishment and
enforcement of minimum housing standards are required.
It is hereby declared that the purpose of this chapter is to
protect, preserve and promote the physical and mental health and social
well-being of the people, to prevent and control the incidence of
communicable diseases, to regulate privately and publicly owned dwellings
for the purpose of maintaining adequate sanitation and public health,
to protect the safety of the people and to promote the general welfare
by legislation which shall be applicable to all dwellings now in existence
or hereafter constructed. It is hereby further declared that the purpose
of this chapter is to ensure that the quality of housing is adequate
for protection of public health, safety and general welfare, including
establishment of minimum standards for basic equipment and facilities
for light, ventilation and thermal conditions, for safety from fire
and accidents, for the use and location and amount of space for human
occupancy and for an adequate level of maintenance, determination
of the responsibilities of owners, operators and occupants of dwellings
and provision for the administration and enforcement thereof.
This chapter shall be known and may be cited as the "Housing
Code of the Town of New Milford."
A.
BASEMENT
BUILDING OFFICIAL
CELLAR
DWELLING
DWELLING UNIT
EXTERMINATION
FIRE MARSHAL
GARBAGE
HABITABLE ROOM
HOTEL
INFESTATION
MULTIPLE DWELLING
NEW MILFORD HEALTH DEPARTMENT (NMHD)
OCCUPANT
OPERATOR
OWNER
(1)
(2)
PERSON
PLUMBING
ROOMING HOUSE
ROOMING UNIT
RUBBISH
SUPPLIED
TEMPORARY HOUSING
TOWN ENGINEER
Definitions. The following definitions shall apply in the interpretation
and enforcement of this chapter:
A portion of a building located partly underground but having
less than 1/2 of its clear floor-to-ceiling height below the average
grade of the adjoining ground.
The legally designated Building Official of the Town of New
Milford or his designated assistant.
A portion of a building located partly or wholly underground
and having 1/2 or more than 1/2 of its clear floor-to-ceiling height
below the average grade of the adjoining ground.
Any building which is used or intended to be used, in whole
or in part, for living or sleeping by human occupants, provided that
temporary housing, as hereinafter defined, shall not be regarded as
a "dwelling."
Any room or group of rooms located within a dwelling and
forming a single habitable unit, with facilities which are used or
intended to be used for living, sleeping, cooking and eating.
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 poisoning,
spraying, fumigating or trapping or by any other recognized and legal
pest elimination methods approved by the NMHD and the State Department
of Health Services.
The legally designated Fire Marshal of the Town of New Milford
or his designated assistant.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
A room or enclosed floor space used or intended to be used
for living, sleeping, cooking or eating purposes, excluding bathrooms,
water closet compartments, laundries, pantries, foyers, hallways,
closets, recreation rooms (but not excluding living rooms), private
workshops or hobby rooms and storage spaces.
A commercial establishment offering lodging to transient
guests, including but not limited to motels, boatels and apartment
hotels.
The presence, within or around a dwelling, of any insects,
rodents or other pests.
Any dwelling containing more than two dwelling units.
The legally designated health authority of the Town of New
Milford, including the Director of Health or his duly authorized personnel
or other duly designated agent.
Any person living, sleeping, cooking or eating in or having
actual possession of a dwelling unit or rooming unit.
Any person who has charge, care or control of a building
or part thereof in which dwelling units or rooming units are let.
Any person who, alone or jointly or severally with others:
Shall have legal title to any dwelling or dwelling unit, with
or without accompanying actual possession thereof; or
Shall have charge, care or control of any dwelling or dwelling
unit, as owner or agent of the owner or as executor, executrix, administrator,
administratrix, trustee or guardian of the estate of the owner. Any
such person thus representing the actual owner shall be bound to comply
with the provisions of this chapter and of rules and regulations adopted
pursuant thereto to the same extent as if such person were the owner.
Includes any individual, firm, corporation, association or
partnership.
Includes 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.
Any dwelling, or that part of any dwelling, containing one
or more rooming units in which space is let by the owner or operator
to more than three persons who are not the husband or wife, son or
daughter, mother or father or sister or brother of the owner or operator,
provided that hospitals, homes for the aged and other institutions
licensed by the State Department of Health Services shall not be regarded
as "rooming houses" or as subject to the provisions of this chapter.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping but not for cooking
or eating purposes.
Combustible and noncombustible waste materials, except garbage,
and the term shall include the residue from the burning of wood, coke
or other combustible material, paper, rags, cartons, boxes, wood excelsior,
rubber, leather, tree branches, yard trimmings, tin cans, metals,
mineral matter, glass, crockery and dust or other items as specified
by the NMHD.
Paid for, furnished or provided by or under the control of
the owner or operator.
Any tent, trailer or similar structure which is used for
human shelter.
The legally designated Town Engineer of the Town of New Milford
or his designated assistant.
B.
Meaning of certain words. Whenever the words "dwelling," "dwelling
unit," "rooming housing," "rooming unit" and "premises" are used in
this chapter, they shall be construed as though they were followed
by the words "or any part thereof." Whenever the masculine pronoun
is used it shall also mean the feminine pronoun, and vice versa.
C.
Application to owner-occupied premises. Except as provided in § 30-45 below, this chapter shall not apply to any single-family dwelling which is occupied or to be occupied by the owner of the dwelling, either alone or with other persons, or any dwelling unit or rooming unit which is occupied or to be occupied by the owner of the unit, either alone or with other persons.
