(A)
The Town Board recognizes that buildings and structures used for
human habitation are or may become substandard, hazardous and unsafe
for residential purposes. Dwelling units which evidence a prolonged
lack of basic maintenance, have been exposed, in whole or in part,
to the elements for an extended period of time, or have become uninhabitable
and unsafe for any reason violate minimum housing standards, contribute
to the creation of slum and blighted areas, and foster the deterioration
of social values and economic development in the community.
(B)
Residential and non-residential structures which are severely deteriorated
or have nonfunctioning plumbing, cooling and heating systems, inadequate
provisions for light and air, insufficient protection against fire
hazards or the elements, are unsanitary or overcrowded, unsafe, dilapidated
or in a hazardous condition constitute a menace to the health, safety
and welfare of the community.
(C)
It is the intention of the Huntington Town Board, pursuant to § 130(15)
and (16) of the Town Law, § 10(1)(ii)(a)(11) and (12), § 10(1)(ii)(d)(3),
§ 10(3)(b) and (4)(a) and (b) of the Municipal Home Rule
Law, Executive Law § 381, and other applicable or successor
laws and rules to establish minimum standards governing the repair,
maintenance and operation of residential and non-residential buildings,
including but not limited to housing units, rooming houses and other
dwelling units to ensure that structures are safe, sanitary and fit
for their intended purpose; to guard against the creation of hazardous
conditions which may endanger the health, safety and welfare of the
occupants and town residents; spread disease; invite plundering; attract
vagrants; create fire hazards; reduce the value of property; interfere
with the use and enjoyment of adjoining properties and interfere with
the comfort and well-being of the public at large.
Unless otherwise specified, this chapter shall apply to all
residential and non-residentially-used buildings, structures, and
lands; and equipment; facilities for light, ventilation, heating,
plumbing, and electrical; sanitation, and other systems and facilities;
and represents the minimum standards to be met by owners, operators,
occupants and users of such property and facilities.
As used in this chapter, the following words shall have the
meanings indicated:
Approved by the Director of Engineering Services, Director
of Public Safety, or their designees.
That portion of a building which is partly or completely
below grade.
A room containing plumbing fixtures including a bathtub or
shower.
Any room or space used or intended to be used for sleeping
purposes in either a dwelling or sleeping unit.
The Director of Engineering Services, Director of Public
Safety, or his or her designee.
To adjudge unfit for occupancy or habitation.
[Amended 1-10-2017 by L.L. No. 2-2017]
A single unit providing complete, independent living facilities
for one or more persons, including provisions for living, sleeping,
eating, cooking, food preparation and/or sanitation. Cooking facilities
shall include but shall not be limited to a stove, oven, hotplate,
microwave or other similar device customarily used for cooking or
preparation of food.
[Amended 5-3-2011 by L.L. No. 17-2011; 1-10-2017 by L.L. No. 2-2017]
That portion of land or property reserved for present or
future use by a person or agency other than the legal fee owner(s)
of the property. The easement shall be permitted to be for use under,
on or above a said lot or lots.
The term equipment includes but is not limited to any boiler,
heating and plumbing equipment, elevator, moving stairway, electrical
wiring or device, flammable liquid containers or other equipment on
the property or within the structure.
[Amended 1-10-2017 by L.L. No. 2-2017]
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
The control and elimination of insects, rats or other pests
by eliminating their harborage places; by removing or making inaccessible
materials that serve as their food; by poison spraying, fumigating,
trapping or by any other approved pest elimination methods.
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
A building component or a system of building components located
at or near the open sides of elevated walking surfaces that minimizes
the possibility of a fall from the walking surface to a lower level
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces,
and similar areas are not considered habitable spaces.
A room or group of rooms forming a single habitable space
equipped and intended to be used for living, sleeping, cooking and
eating which does not contain, within such a unit, a toilet, lavatory
and bathtub or shower.
A condition which constitutes a clear and imminent threat
to the life, safety or welfare of persons, or a clear danger to property
as set forth is this chapter.
[Amended 1-10-2017 by L.L. No. 2-2017]
The presence, within or contiguous to, a structure or premises
of insects, rodents, vermin or other pests.
[Amended 1-10-2017 by L.L. No. 2-2017]
A vehicle which cannot be driven upon the public streets
for reason including but not limited to being unlicensed, wrecked,
abandoned, in a state of disrepair, or incapable of being moved under
its own power.
Devices, equipment, appliances, or materials to which has
been affixed a label, seal, symbol or other identifying mark of a
nationally recognized testing laboratory, inspection agency or other
organization concerned with product evaluation that maintains periodic
inspection of the production of the above-labeled items and by whose
label the manufacturer attests to compliance with applicable nationally
recognized standards.
To permit, provide or offer possession or occupancy of a
dwelling, dwelling unit, rooming unit, building, premise or structure
by a person who is or is not the legal owner of record thereof, pursuant
to a written or unwritten lease, agreement or license, or pursuant
to a recorded or unrecorded agreement of contract for the sale of
land.
A portable structure whether or not designed to be transported
on its own wheels, which is used, designed to be used, or capable
of being used as a detached single-family residence containing sleeping
accommodations; toilet; tub or shower; food preparation facilities
or equipment; and/or plumbing and electrical connection for attachment
to outside systems.[1]
[Added 5-3-2011 by L.L. No. 17-2011]
The purpose for which a building or portion thereof is utilized
or occupied.
Any individual living or sleeping in a building, or having
possession or use of a space within a building or structure.
That part of a window, skylight or door which is available
for unobstructed ventilation and which opens directly to the outdoors.
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or any person recorded
in the official records of the state, county or town as holding title
to the property; or person-in-charge or otherwise having control of
the property, including the guardian of the estate of any such person,
or duly appointed executor or administrator of the estate of such
person.
[Amended 1-10-2017 by L.L. No. 2-2017]
An individual, corporation, partnership or group acting as
a unit.
A lot, plot or parcel of land, easement or public way and
any portion thereof, including any structure thereon.
Any street, alley or similar parcel of land essentially unobstructed
from the ground to the sky, which is deeded, dedicated or otherwise
permanently appropriated to the public for public use.
A building arranged or occupied for lodging, with or without
meals, for compensation and not occupied as a one- or two-family dwelling.
Any room or group of rooms forming a single habitable unit
occupied or intended to be occupied for sleeping or living, but not
for cooking purposes.
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
materials.
A room or space in which people sleep, which can also include
permanent provisions for living, eating and either sanitation or kitchen
facilities, but not both. Such rooms and spaces that are also part
of a dwelling unit are not sleeping units.
That which is built or constructed, or a portion thereof,
regardless of use.
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
A room containing a water closet or urinal but not a bathtub
or shower.
An unlawful structure is one found in whole or in part to
be occupied by more persons than permitted, or was erected, altered
or occupied contrary to law.
Equipment on the property or within the structure which is
in such disrepair or condition that it is a hazard to the life, health,
safety, or welfare of the occupants of the property, the general public,
or a hazard or threat to property.
[Amended 1-10-2017 by L.L. No. 2-2017]
The natural or mechanical process of supplying conditioned
or unconditioned air to or removing such air from any space.
Executed in a skilled manner; e.g., generally plumb, level,
square, in line, undamaged and without marring adjacent work.
An open space on the same lot with a structure.
[1]
Editor's Note: The former definitions of "multiple residence"
and "multiple residence registry," which immediately followed, added
3-8-2011 by L.L. No. 9-2011, were repealed 1-14-2015 by L.L. No. 4-2015.
