This chapter provides standards governing the facilities and
the condition, use, occupancy, and maintenance of all residential
and nonresidential properties, to safeguard the safety, health and
welfare of the occupants and users thereof.
This chapter shall be applicable to all properties, residential
and nonresidential, and structures thereupon, including but not limited
to accessory structures, pools, fences, poles used for equipment,
satellite dishes and signs. Any property which shall be made nonconforming
with this code shall be brought into compliance within one year of
the date of enactment of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
APPROVED
Approved by the Code Enforcement Officer.
BASEMENT
That space of a building that is partly below grade which
has more than half its height, measured from floor to ceiling, below
the average established curb level or finished grade of the ground
adjoining the building.
BATHROOM
Enclosed space containing one or more bathtubs or showers,
or both, and which may also contain water closets, lavatories or fixtures
serving similar purposes. (See definition of "toilet room.")
BLIGHT
Something that impairs or destroys; an impaired condition;
to cause to deteriorate, ruin.
BUILDING
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls, and a roof, affording shelter
to persons, animals and/or property.
CODE ENFORCEMENT OFFICER
The officer appointed by the Trustees of the Village of Bath
who is charged with the enforcement of this code, or any duly authorized
representative.
CONSTRUCTION DEBRIS
Discarded building material, concrete, stones, earth from
excavations or grading and all other refuse resulting from the erection,
repair, demolition or other improvement of property.
DWELLING
A building containing not more than two dwelling units occupied
exclusively for residential uses.
A.
One-family dwelling: building arranged for one dwelling unit.
B.
Two-family dwelling: building arranged for two dwelling units.
DWELLING, MULTIPLE
A.
A building containing three or more dwelling units; a building
containing living, sanitary 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 or for similar uses; a building used or occupied
as an old-age home or community residence.
B.
A building containing three or more dwelling units with shared
or individual entrances and/or other essential facilities and services.
These terms shall not be deemed to include motels, hotels, rooming
houses or other accommodations used for more or less transient occupancy.
C.
A building or portion thereof containing three or more dwelling
units and designed or used for occupancy by three or more families
living independently of each other.
DWELLING UNIT
One or more rooms with provisions for living, cooking, sanitary
and sleeping facilities arranged for the use of one household.
EXPOSED TO PUBLIC VIEW
Any premises or open space, or any part thereof, or any building
or structure that may be lawfully viewed by any member of the public
from a sidewalk, street, alleyway or from any adjoining or neighboring
premises.
EXTERMINATION
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, trapping or by any other recognized and legal
post elimination methods.
GARBAGE
Food wastes; refuse; the worthless or useless part of something;
leavings; trash; market wastes; and wastes from the handling, storage
and sale of produce.
GOOD WORKING REPAIR
A standard of maintenance that renders a building safe, habitable
and possessed of a neat and orderly appearance.
INFESTATION
The presence, within or contiguous to a structure or premises,
of insects, rats, vermin or other pests.
JUNK
Any old, discarded or unused waste iron or other metal or
substance, glass, paper, used lumber, rags, machine parts, accessories,
machinery, machines, used parts of motor vehicles and any material
commonly known and generally referred to as "junk" in the ordinary
and accepted meaning of the word.
MOTOR VEHICLE
A device having the same meaning as provided in § 125
of the Vehicle and Traffic Law of the State of New York.
[Added 2-17-2004 by L.L. No. 1-2004]
OCCUPANT
The person in possession or control of premises or using
the premises.
OWNER
The owner 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.
PREMISES
A lot, plot or parcel of land, including the building or
structures thereon.
PRIVACY
The ability of a person or persons to carry out an activity
without an interruption or interference, either by sight or sound,
by other persons not engaged in the activity.
PUBLIC NUISANCE
Includes the following:
A.
Any physical condition or occupancy of any premises or its appurtenances
considered an attractive nuisance to children, including but not limited
to abandoned wells, shafts, basements, excavations and unsafe fences
or structures.
B.
Any premises that have unsanitary sewerage or plumbing facilities.
C.
Any premises designated as unsafe for human habitation.
D.
Any premises that are manifestly capable of being a fire hazard
or is manifestly unsafe or unsecured so as to endanger life or property.
E.
Any premises from which the plumbing, heating or facilities
by applicable codes have been removed or rendered ineffective, or
the required precautions against trespassers have not been provided.
F.
Any premises that are unsanitary or that are littered with rubbish
or garbage or that have an uncontrolled growth of weeds; and/or
G.
Any structure that is in a state of dilapidation, deterioration
or decay; faulty construction; overcrowded; open, vacant or abandoned;
damaged by fire to the extent so as not to provide shelter; in danger
of collapse or failure; and dangerous to anyone on or near the premises.
REFUSE
A.
Putrescible and nonputrescible solid waste consisting of organic
or nonorganic materials, but shall not include human or animal body
waste.
B.
All cardboard, plastic material or glass containers, wastepaper,
rags, sweepings, pieces of wood, rubber and like waste material.
RUBBISH
Useless waste or rejected matter; noncombustible waste material.
The term shall include the residue from the burning of wood, coal
and coke and also tin cans, metals, mineral matter, glass, crockery
and minerals.
STRUCTURE
An assembly of material forming a construction; framed or
component structural parts for occupancy or use, including buildings.
TOILET ROOM
Enclosed space containing one or more water closets which
may also contain one or more lavatories, urinals and other plumbing
fixtures. (See definition of "bathroom.")
TRASH
Useless waste or rejected matter; noncombustible waste material.
The term shall include the residue from the burning of wood, coal
and coke and also tin cans, metals, mineral matter, glass, crockery
and minerals.
VEHICLE
A device having the same meaning as provided in § 159
of the Vehicle and Traffic Law of the State of New York.
[Added 2-17-2004 by L.L. No. 1-2004]
The owner of the property is responsible for compliance with
this chapter. Where the Village can establish that the violator is
other than the owner, that person(s) may also be held responsible
for the violation.