This chapter shall be known as the "Minimum Housing Standards
Ordinance of the Village of Medina, New York."
The purpose of this chapter is to provide basic and uniform
standards, in terms of performance objectives implemented by specific
requirements, governing the condition, occupancy and maintenance of
residential premises; establishing reasonable safeguards for the safety,
health and welfare of the occupants and owners thereof; fixing certain
responsibilities and duties of owners, operators, agents and occupants
of dwellings, dwelling units, lodging houses and lodging units; and
authorizing and establishing procedures for inspection and enforcement
of the regulations and condemnation and vacation of those dwellings,
dwelling units, lodging houses and lodging units unfit for human habitation.
A.
This chapter shall apply to residential premises as follows:
(1)
Lots, plots or parcels of land on which residential buildings, buildings
of mixed occupancy or accessory structures are located.
(2)
Residential buildings, including one- and two-family dwellings and
multiple dwellings.
(3)
Residential occupancies in buildings of mixed occupancy.
(4)
Accessory structures accessory to residential occupancies.
(5)
Efficiency apartments and lodging houses and lodging units.
(6)
Accessory structures.
B.
Every building, accessory structure or premises used or intended
to be used for any dwelling purposes shall comply with the provisions
of this chapter, irrespective of when such building shall have been
built, altered or repaired.
[Amended 5-23-1972]
This chapter shall not apply to mobile homes and mobile home
courts, travel trailers and trailer parks.
A.
All laws and parts of laws and all ordinances, codes and regulations
which are inconsistent with or in conflict with or repugnant to any
provisions of this chapter shall be deemed not to apply, provided
that nothing herein contained shall be construed to prevent the adoption
and enforcement of a law, ordinance, code or regulation which is more
restrictive or establishes a higher standard than those provided in
this chapter.
B.
Where a provision of this chapter is found to be in conflict with
a provision of a zoning, building, electrical, plumbing, fire, safety,
health, water supply or sewage disposal law or ordinance or a regulation
adopted pursuant thereto or another local law, ordinance, code or
regulation, the provision or requirement which is the more restrictive
or which establishes the higher standard shall prevail.
[Amended 9-25-1990 by L.L. No. 8-1990]
Installations, alterations and repairs to residential premises
and materials, assemblies and equipment utilized in connection therewith
shall be reasonably safe to persons and property and in conformity
with applicable statutes of the State of New York and orders, rules
and regulations issued by authority thereof. Conformity of such work,
materials, assemblies or equipment to the applicable requirements
of the New York State Uniform Fire Prevention and Building Code[1] shall be prima facie evidence that the same is reasonably
safe to person and property.
As used in this chapter, the following terms shall have the
meanings indicated:
A structure, the use of which is incidental to that of the
residential building and which is located on the same premises. Such
"accessory structures" shall include but are not limited to garages,
barns, sheds, porches, workshops, breezeways, hothouses or greenhouses,
covered terraces or patios, permanent-type awnings, fences of wood
or metal or carports.
A use, occupancy or tenancy customarily incidental to the
principal use or occupancy of a residential building. Such "accessory
uses" are, among others, the following:
An office for the building management.
Laundries for the use of tenants and occupants and in connection
with the management and operation of a residential building.
Maintenance, workshops and storage rooms for linen, bedding,
furniture, supplies and tenants' equipment and effects.
Private garages within or attached to a residential building
or on the premises thereof and used primarily for the storage of passenger-type
motor vehicles.
Customary home occupations incidental to the primary use as
a dwelling and operated solely by members of the family residing therein.
Approved by the Code Enforcement Officer under the regulations
of this chapter or approved by an authority or officer designated
by another law, ordinance, code or regulation.
[Amended 9-25-1990 by L.L. No. 8-1990]
That portion of a building that is partly below grade and
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. A "basement" is classified as a story
in computing the height of a building. (Also see the definition of
"cellar.")
Enclosed space containing one or more bathtubs or showers,
or both, and which may also contain water closets, lavatories or fixtures
serving similar purposes. (Also see the definition of "toilet room.")
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.[1]
That space of a building that is partly or entirely below
grade and 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. (Also see the definition of
"basement.")
The Code Enforcement Officer of the Village of Medina, New
York.
[Added 9-25-1990 by L.L. No. 8-1990]
A building containing three or more dwelling units.
A building containing living, bathroom or toilet room and sleeping
facilities occupied by one or two families and more than four lodgers
residing with either one of such families.
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 institutions.
A building containing not more than one dwelling unit occupied primarily for residential purposes. Residential uses shall include a private garage and customary home occupations conducted in the dwelling by occupants thereof, such as the practice of a profession, or as otherwise defined by Chapter 254, Zoning, of the Code of the Village of Medina.
A building containing not more than two dwelling units occupied primarily for residential purposes. Residential uses shall include a private garage and customary home occupations conducted in the dwelling by occupants thereof, such as the practice of a profession, or as otherwise defined by Chapter 254, Zoning, of the Code of the Village of Medina.
One or more rooms with provisions for living, cooking, sanitary
and sleeping facilities arranged for the use of one family, with whom
may reside not more than four lodgers or boarders, provided that space
requirements permit.
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.
Open space on the premises and vacant open space on adjacent
premises.
A specification, code, rule, guide or procedure in the field
of construction or related thereto, recognized and accepted as authoritative.
Published standards are listed by the Division of Housing, Bureau
of State Building Codes, and those applicable to the enforcement of
this chapter are available for reference at the office of the Code
Enforcement Officer.
[Amended 9-25-1990 by L.L. No. 8-1990]
The natural surface of the ground or the surface of the ground
after completion of any change in contour, abutting building or premises.
The presence within or contiguous to a dwelling unit or premises
of insects, rodents, vermin or other pests.
Space, 60 square feet in area with a minimum width of seven
feet, used for cooking or preparation of food; deemed "habitable space"
but cannot be used for sleeping.
Space, less than 60 square feet in floor area, used for cooking
or preparation of food. It includes pullman-type units set in an enclosed
space; not deemed "habitable space."
A street, yard, court or passageway upon the same lot as
that occupied by the dwelling in which habitable space is located
and above the adjoining finished grade or above the roof.
A multiple dwelling used primarily for the purpose of furnishing
lodging, with or without meals.
A room or group of rooms forming a habitable space, used
or intended to be used for lodging.
Occupancy of a building in part for residential use and in
part for some other use not accessory thereto.
See the definition of "dwelling, multiple."
A city, town or village.
Any person over one year of age living, sleeping, cooking
or eating in or having actual possession of a dwelling unit or lodging
unit.
Any person who has charge, care or control of a multiple
dwelling or lodging house in which dwelling units or lodging units
are let or offered for occupancy.
The owner or owners of record of the freehold of the premises
or lesser estate therein, a mortgagee or vendee in possession, assignee
of rents, receiver, executor, trustee, lessee or other person, firm
or corporation in control of a building.
The water supply system, the drainage system, the vent system,
fixtures and traps, including their respective connections, devices
and appurtenances within the property lines of the premises.
Water which is approved for drinking.
Same as "lodging house."
Liquid waste containing animal and vegetable matter in suspension
or solution and which may include industrial wastes and liquids containing
chemicals.
Space occupied by one or more persons for living, sleeping,
eating or cooking and conforming to space requirements of this code.
Kitchenettes shall not be deemed to be "habitable space."
Space used as kitchenette, pantry, bath, toilet, laundry,
rest, dressing, locker, storage, utility, heater and boiler rooms,
garages, cellars, closets, public space as hereinafter defined and
other spaces for service and maintenance of the building and those
spaces used for access and vertical travel between stories. (See the
definitions of "habitable space," "public space" and "exit.")
Space within a residential building for public use and which
is nonhabitable, such as lobbies; lounges; reception, ball, meeting,
lecture and recreation rooms; banquet and dining rooms and their kitchens;
swimming pools; and space utilized for accessory use.
An assembly of materials, forming a construction framed of
component structural parts for occupancy or use, including buildings.
An enclosed space, containing one or more water closets,
which may also contain one or more lavatories, urinals and other plumbing
fixtures. (See the definition of "bathroom.")
Supply and removal of air to and from space by natural or
mechanical means.
Ventilation by power-driven devices.
Ventilation by opening to outer air through windows, skylights,
doors, louvers or stacks, with or without wind-driven devices.
[1]
Editor's Note: The definition of "Building Inspector,"
which immediately followed this definition, was deleted 9-25-1990
by L.L. No. 8-1990.
