This chapter shall be known and cited as the "Yonkers Housing
and Building Maintenance Code," hereinafter also referred to as this
"chapter."
There exist and may in the future exist within the City of Yonkers
premises, buildings, 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 health and the physical, mental and social well-being of persons
and families as well as their safety and general welfare. To correct
and prevent the existence of such adverse conditions and to achieve
and maintain adequate levels of housing and building maintenance as
will protect and promote health, safety and general welfare, the provisions
of Subchapter F of the New York Uniform Code shall be applicable and
enforced in the City of Yonkers along with such additional standards
and requirements as are provided in this chapter.
It is hereby declared that the purposes of this chapter include
but are not limited to implementation of Subchapter F and related
provisions of the New York Uniform Code; protection, preservation
and promotion of the physical and mental health and well-being of
the people; minimization of the incidence of communicable diseases;
regulation of privately and publicly owned dwellings for the purpose
of maintaining adequate sanitation and health; protection of the safety
of the people; and promotion of the general welfare by enactment of
standards which shall be applicable to all dwellings and buildings
now in existence or hereafter constructed. It is hereby further declared
that a purpose of this chapter is to ensure that the quality of housing
is adequate for the protection of health, safety and general welfare.
Words and terms used in this chapter shall have the meanings
set forth in the New York Uniform Code or, if not defined therein,
as follows:
Consists of the Commissioner, the Corporation Counsel and
the Commissioner of the Department of Housing and Buildings.
[Amended 7-18-1996 by L.L. No. 5-1996]
The Commissioner of the Department of Planning and Development,
City of Yonkers.
The Commissioner of the Department of Housing and Buildings
of the City of Yonkers or his authorized representative.
[Amended 7-18-1996 by L.L. No. 5-1996]
The Comptroller of the City of Yonkers.
The Department of Housing and Buildings.
[Amended 7-18-1996 by L.L. No. 5-1996]
The control and elimination of insects, rodents and 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 Commissioner of the Department
of Housing and Buildings.
[Amended 7-18-1996 by L.L. No. 5-1996]
A person who uses insecticides, rodenticides or any other
substances or mechanical devices, other than fumigants, under whatever
name known, for the destruction or control of insects, vermin, rodents
or other pests.
Includes any substance which, by itself or in combination
with any other substance, emits or liberates a gas or gases, fumes
or vapors and which gas or gases, fumes or vapors, when liberated
and used for the destruction or control of insects, vermin, rodents
or other pests, are lethal, poisonous, noxious or dangerous to human
life.
A person competently trained and experienced in the use of
fumigants.
The animal and vegetable waste resulting from the handling,
preparation, cooking and serving of food. It is composed largely of
putrescible organic matter and its natural moisture content.
Any person who shares a dwelling unit in a nonpermanent status
for not more than 30 days.
A room or enclosed floor space used or intended to be used
for living or sleeping or eating purposes, excluding kitchens, bathrooms,
water closet compartments, laundries, pantries, foyers or communicating
corridors, closets and storage spaces.
A nuisance which is a thing, act, occupation or use of property,
premises, equipment or structure affecting the health or any considerable
number of persons or the public, and shall include:
[Amended 7-18-1996 by L.L. No. 5-1996]
Any nuisance specifically declared to be such by any section
of this chapter; any nuisance so declared shall be considered as having
been declared a nuisance by the Commissioner of the Department of
Housing and Buildings.
Any act, omission of act, occupation or use of property, equipment
or structure which is deemed by the Commissioner of the Department
of Housing and Buildings to be a menace to the health of the inhabitants
of the City of Yonkers, New York, or any considerable number thereof.
Running water at a temperature of not less than 120° F.
provided at the outlet at all times.
The presence within or around a dwelling of any insects,
rodents or other pests.
All members of the class insects, except the orders Lepidoptera
and Hymenoptera, but shall include the following orders of the class:
Arachnida, Araneida and Scorpionida.
Includes any substance, not a fumigant, under whatever name
known, used for the destruction or control of insects or other similar
pests.
A flue-connected, flame-producing stove or heating unit,
radiator, furnace register or other approved heating unit, installed
in accordance with applicable laws and regulations.
The Mayor of the City of Yonkers.
The Multiple Residence Law of the State of New York, Laws
of New York State of 1951, Chapter 580, as amended generally by Laws
of 1952, Chapter 801, and any other amendments subsequently added.
Airborne colloidal systems which are formed by chemical reactions
or by such processes as combustion, distillation, calcination or condensation.
Any plant capable of causing an atmospheric pollution problem
and/or allergic reaction or which constitutes a nuisance as defined
in this section.
A dwelling unit, dwelling, multiple dwelling, rooming unit,
rooming house or habitable room.
Any person who establishes, maintains or operates a rooming
house and who collects rent from a roomer or roomers.
Solid waste. Its component material may be organic or inorganic,
combustible or noncombustible or putrescible. It is made up of but
not limited to garbage, rubbish, ashes, street refuse, dead animals,
abandoned automobiles; as defined in Refuse Collection Practice, American
Public Works Association, Second Edition.
Includes any substance, not a fumigant, under whatever name
known, whether poisonous or otherwise, used for the destruction or
control of rodents.
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 three or more persons who are not husband or wife, son or daughter,
mother or father or sister or brother or grandchildren of the owner
or operator.
Any room or group of rooms forming a single habitable unit,
used or intended to be used for living and sleeping and with or without
cooking or eating facilities.
Open, unoccupied space on the same lot with a dwelling.
A.
The Department shall be primarily responsible for the administration
and enforcement of this chapter and Subchapter F of the New York Uniform
Code except for Section 1243.7 and 1243.10 thereof. The Commissioner
of the Department of Housing and Buildings shall administer and enforce
this chapter pursuant to any complaints or requests for inspections
received by the Commissioner of the Department of Housing and Buildings
and pursuant to a regular and periodic inspection program to be designed
and implemented by the Commissioner of the Department of Housing and
Buildings or as is otherwise appropriate to protect the public welfare.
[Amended 7-18-1996 by L.L. No. 5-1996]
B.
Any decision or action by any employee of the Department may be appealed
to the Commissioner of the Department of Housing and Buildings pursuant
to the regulations of the Department.
[Amended 7-18-1996 by L.L. No. 5-1996]
C.
Any decision of the Commissioner of the Department of Housing and
Buildings governed by the New York Uniform Code may be appealed to
the Board of Review pursuant to 19 NYCRR 440 and 450 et seq. and other
applicable rules and regulations. Such an appeal shall be filed within
the time period authorized for compliance with the decision or action
of the Commissioner of the Department of Housing and Buildings or,
if no time period for compliance is authorized, then within 10 days
of the decision or action of the Commissioner of the Department of
Housing and Buildings.
[Amended 7-18-1996 by L.L. No. 5-1996]
D.
Any decision or action of the Commissioner of the Department of Housing
and Buildings not governed by the New York Uniform Code may be appealed
to the Board of Appeals by filing a written notice of appeal with
the Department. Such a notice of appeal shall be filed within the
time period authorized for compliance with the decision or action
of the Commissioner of the Department of Housing and Buildings or,
if no time period for compliance is authorized, then within 10 days
of the decision or action of the Commissioner of the Department of
Housing and Buildings. The Board of Appeals may affirm, reverse or
modify the decision or action of the Commissioner of the Department
of Housing and Buildings. The Board of Appeals may conduct a hearing
and review additional evidence. The decision of the Board of Appeals
shall be in writing and is final.
[Amended 7-18-1996 by L.L. No. 5-1996]
E.
Variances regarding matters governed by the New York Uniform Code
may be obtained from the Board of Review pursuant to its rules and
regulations. Variances regarding matters not governed by the New York
Uniform Code may be obtained from the Board of Appeals upon application
in writing. A variance may be granted when there are practical difficulties
which prevent implementation of the strict letter of this chapter,
provided that the spirit of this chapter shall be observed, public
safety and welfare secured and substantial justice done.
[Amended 7-18-1996 by L.L. No. 5-1996]
A.
The Commissioner of the Department of Housing and Buildings is hereby
authorized and directed to make inspections to determine the condition
of buildings, structures, multiple dwellings, dwelling units, rooming
houses and units and premises located within the City of Yonkers in
order that he may perform his duty of safeguarding the occupants'
and public's health and safety by enforcing the provisions of
the New York Uniform Code, the provisions of this chapter and all
other applicable statutes, laws, ordinances, codes and rules or regulations.
For the purpose of making such inspection, the Commissioner of the
Department of Housing and Buildings is hereby authorized to enter,
examine and survey at all reasonable times all buildings, structures,
multiple dwellings, dwelling units, rooming houses and units and premises.
The owner or occupant of every building, structure, multiple dwelling,
dwelling, dwelling unit, rooming house, rooming unit or premises or
the person in charge thereof shall give the Commissioner of the Department
of Housing and Buildings free access to such building, structure,
multiple dwelling, dwelling, dwelling unit, rooming house, rooming
unit or premises at all reasonable times for the purpose of such inspection,
examination and survey. In the event that access is refused, then
the Commissioner of the Department of Housing and Buildings may obtain
a warrant authorizing the inspection, examination or survey.
B.
Every occupant shall give the owner of a building, structure, multiple
dwelling, dwelling, dwelling unit, rooming house, rooming unit or
premises or his agent or employees access at all reasonable times
for the purpose of making such repairs or alterations as are necessary
to effect compliance with the provisions of the New York Uniform Code,
this chapter, with any lawful Department rule or regulation, any lawful
notice or order issued pursuant to the provisions of this chapter
or any other applicable statute, law, ordinance, code, rule or regulation.
