City of Fulton, NY Article II Personal Responsibilities

§ 475-9 Owner responsibilities.

A. The owner shall at all times:

(1) Comply with all applicable provisions of any state or local statute, code, regulation or ordinance governing the maintenance, construction, use or appearance of the building, structure or part thereof and the property of which it is part.

(2) Keep all public areas of the building, grounds, facilities and appurtenances in a clean, safe and sanitary condition.

(3) Make all repairs and arrangements necessary to put and keep the building, structure or part thereof and the appurtenances thereto in as good condition as they were or as required by agreement to have been at the commencement of tenancy; in all cases standards established by law must be met.

(4) Maintain all electrical, plumbing and other facilities supplied by the owner in good working order.

(5) In multiple-dwelling facilities, provide for sanitary disposal of all rubbish and other garbage set out in accordance with the Solid Waste Ordinance.[1]

[1] Editor's Note: See Charter § C70, Collection and disposal of garbage, refuse and recyclables.

(6) Be responsible for furnishing adequate heat and hot water supply, except in units with individual heating systems or domestic hot water supply. (In this situation, such systems shall be capable of providing adequate heat and hot water as defined herein.) See § 475-34A, C and E(1).

(7) Maintain walls, floors and ceilings in dwelling units and public places in a clean and sanitary condition.

(8) Limit occupancy to the maximum number of persons permitted by code.

(9) If a demand for inspection or notice of violation has been served in accordance with the provisions of this chapter, remain subject to the provisions thereof notwithstanding a transfer of title after the date of service of such demand or notice of violation. The continuing liability of such owner shall not be deemed to relieve the new owner from compliance with the provisions of this chapter.

(10) Respect the tenants' right of quiet enjoyment. The owner shall not enter the rental premises without reasonable, prior notice to the tenant, except for emergencies or as otherwise allowed by law.

B. Where the duty imposed by Subsection A is incompatible with or greater than the duty imposed by other clauses of this chapter, the owner's duty shall be determined by reference to Subsection A.

C. All buildings and structures shall have placed thereon, in a conspicuous space, street numbers, either in the form of figures or lettering, which shall be of contrasting color to the building on which they are placed, so that they are clearly legible from the middle of the road of adjacent streets, avenues, places or highways. Such numbers shall be sized as follows:

(1) Three-inch numbers in a minimum three-eighths-inch-wide stroke within 50 feet of the middle of the road.

(2) Four-inch numbers in a minimum three-eighths-inch-wide stroke within 75 feet of the middle of the road.

(3) Five-inch numbers in a minimum three-eighths-inch-wide stroke within 100 feet of the middle of the road.

(4) The Bureau Chief shall regulate for distances greater than stated above.

§ 475-10 Responsibilities of rooming, lodging and boarding operators.

Rooming or lodging house operators shall be responsible for compliance with this chapter in regard to the following:

A. Limiting occupancy to the maximum permitted by this chapter.

B. Maintenance of safe and sanitary conditions in all parts of rooming and lodging house premises.

C. Maintenance and operation of all required service facilities.

D. Maintenance of cooking and refrigeration fixtures and appliances within his control and all plumbing and other building equipment and facilities in an operative, clean and sanitary condition.

E. Sanitary maintenance of walls, floors and ceilings.

F. Keeping exits clean and unencumbered.

G. Disposal of building garbage and refuse in a clean and sanitary manner.

H. Extermination of insects, rodents or other pests on the premises.

I. Installation and maintenance of required screens.

J. Installation and maintenance of required fire/smoke-detection and fire-suppression systems.

§ 475-11 Responsibilities of occupants.

Each occupant shall comply with all requirements imposed by applicable provisions of all City, county and state codes, regulations, ordinances and statutes, including but not limited to those relating to the following:

A. Limiting occupancy of that part of the premises which the occupant occupies or controls to the maximum permitted by this chapter and other applicable regulations.

B. Maintaining that part of the premises which the occupant occupies or controls in a clean, sanitary and safe condition.

C. Maintaining in a clean and sanitary condition all plumbing, cooking and refrigeration fixtures and appliances as well as other building equipment and storage facilities in that part of the premises which the occupant occupies or controls and providing reasonable care in the operation and use thereof.

D. Keeping exits from the occupant's unit clean and unencumbered.

E. Placing all rubbish, garbage and other organic or flammable waste in a clean and sanitary manner in the facilities provided.

F. Exterminating insects, rodents or other pests, except rodents within the unit if the occupant's unit is the only one infested in the premises.

G. Keeping and controlling the occupant's domestic animals and pets in an appropriate and lawful manner.

H. Not permitting any person on the premises with his permission to willfully or wantonly destroy, deface, damage, impair or remove any part of the structure or unit or the facilities, equipment or appurtenances thereto nor himself do any such thing.

§ 475-12 Discontinuance of utilities.

No owner, occupant or person responsible therefor shall cause any service, facility, equipment or utility which is required to be supplied by the provisions of this chapter to be removed or shut off from or discontinued for an occupied dwelling unit, except for necessary repairs, alterations, emergencies and for nonpayment of utilities, only after a thirty-day notice has been served on the occupant and such notice has expired.