[HISTORY: Adopted by the Town Board of the Town of Kingsbury 9-14-1992 by L.L. No. 3-1992 (Ch. 53 of the 1983 Code). Amendments noted where applicable.]
Whenever any building or a part thereof shall become unsanitary or any dwelling shall become so unsanitary as to be unfit for human habitation or whenever occupancy of a building or dwelling shall cause an unsanitary condition on or adjacent to the premises thereof and such condition shall be determined by the Health Officer, after due notice to the owner and hearing thereon, to constitute a nuisance or condition detrimental to life and health, the Health Officer may, in addition to other remedies provided by law, issue an order requiring the owner thereof to abate said nuisance or condition by placing said building or dwelling in a sanitary or habitable condition within a time specified in said order. Upon the failure of such owner to comply with said order, the Health Officer may issue a further order, to be affixed conspicuously upon such building or dwelling and served upon the occupant or lessee thereof and upon the owner thereof or his agent, requiring all persons to vacate such building or dwelling and to discontinue its use at such time as shall be stated in said order and until such time as the building or dwelling shall be placed in a sanitary or habitable condition and the nuisance abated. Upon failure of such building or dwelling to be vacated within the time specified, the Board of Health may issue a warrant to the Chief of Police directing that said building or dwelling shall be vacated.
When used in this chapter, the following terms shall have the following respective meanings:
- Any other structure which is not a residence or intended to house human beings. This constitutes commercial buildings used for retail, wholesale and warehousing or similar use.
- Any building, house or structure or portion thereof which is occupied as, in whole or part, or intended to be used as, a home, residence, living or sleeping place of one or more human beings, either permanently or transiently.
No person shall occupy any building as a dwelling unless such building has adequate and sanitary facilities for the disposal of sewage. Every person responsible for the plumbing or sanitary facilities of a building shall maintain such facilities in an adequate and sanitary condition.
Every dwelling and building shall be provided with such receptacles as may be necessary to contain all garbage and rubbish, and all such receptacles shall be maintained in good repair. Receptacles for garbage shall be made of metal or rubber, be watertight and provided with tight-fitting covers.
Every dwelling and building and every part thereof, including the lot on which such dwelling is located, shall be kept free from any accumulation of garbage, rubbish and filth.
Garbage must be disposed of in accordance with local ordinances and in any case in such a fashion as not to serve as a breeding or harboring place for vermin or to create a nuisance.
No person shall cause or suffer the creation of any nuisance or condition that shall attract rodents, insects, pests or other vermin detrimental to health.
Every owner, lessee or occupant of premises on which nuisances exist shall take such steps as may be necessary to prevent any nuisance arising or to cause the removal of existing nuisances.
No person shall occupy any building or dwelling unless such building has an adequate water supply. No water supply shall be deemed adequate for sanitary purposes unless it has been approved by the New York State Department of Health or any other governmental agency having jurisdiction thereof.
No person shall harbor animals, domestic or otherwise, in such a way as to cause or suffer the creation of any nuisance or condition that shall, in the opinion of the Health Officer, be deemed unsanitary. The owner, lessee or occupant of premises on which any such nuisance(s) or unsanitary condition(s) exists shall take such steps as may be reasonably necessary, in the judgment of the Health Officer, to prevent any such nuisance(s) or unsanitary condition(s) from arising or to cause the removal of said nuisance(s) or unsanitary condition(s).
The Health Officer or his or her duly authorized representative is authorized to enter upon any parcel of property within the Town of Kingsbury, inclusive of the Village of Hudson Falls, for the purpose of inspecting conditions on said premises and may collect data, take samples and conduct other investigations reasonably related to the gathering of information on the sanitary conditions existing on said premises.
The Health Officer shall have all powers reasonably necessary to execute his or her duties in this chapter. Without limitation, where it is determined by the Health Officer that the minimum standards of this chapter cannot be met, the Health Officer may direct the owner of the premises at issue to undertake specific repairs, alterations or modifications to the premises and to comply with a schedule established by the Health Officer to plan and to abate any nuisance or unsanitary condition existing on said premises. When such repairs are not undertaken within the time specified by the Health Officer, the Health Officer or his or her authorized representative may cause such repairs to be made and may recover the costs thereof from the owner of the parcel of property upon which the nuisance or unsanitary conditions exist. Repairs, alterations and modifications to premises shall be in accordance with all necessary permits issued by the Town of Kingsbury or other state and federal regulatory authorities, except for such repairs, alterations and modifications ordered by the Health Officer, in his or her reasonable discretion, on an emergency basis.
It shall be the duty of the Health Officer to enforce any and every regulation of this Kingsbury Health and Sanitation Code. In the carrying out of said duty, the Health Officer shall file a written determination detailing his or her findings and orders with the Town Supervisor and Code Enforcement Officer and serve a copy of the same upon the owner of premises falling under his or her scrutiny (the "preliminary determination and order"). Such service shall be effected in such a manner as to afford said owner, lessee and occupant his or her due-process rights. The preliminary determination and order may, without limitation, contain the following:
An order preliminarily enjoining said owner, occupant and tenant from using or otherwise occupying the premises in a manner which allows said nuisance or unsanitary condition(s) to exist, including, without limitation, an order to temporarily vacate the premises.
An order setting a time and date, taking into account any potential emergency conditions, at which the owner, lessee and/or occupant shall be directed to appear before the Town Board or its designee(s) sitting as the local Board of Health.
No person shall refuse or fail to comply with any preliminary determination and order of the Health Officer. Any such failure shall automatically trigger review by the Kingsbury Town Board sitting as the local Board of Health.
The local Board of Health shall have all powers reasonably necessary to enforce this chapter, including, without limitation, the powers conveyed herein to the Health Officer as well as the powers specified in the New York State Public Health Law.
Violation a misdemeanor. Pursuant to the provisions of § 12-b of the Public Health Law, any violation of or nonconformance with any provision of this Kingsbury Health and Sanitary Code or of any rule, regulation or determination (preliminary or otherwise) duly made hereunder shall constitute a misdemeanor punishable by a fine of not less than $100 or by imprisonment for not more than six months, or by both such fine and imprisonment. Each day that a violation of this chapter continues shall be deemed a separate violation of this chapter with a maximum fine of $1,000.
An action against any owner, lessee or occupant for a violation of this chapter shall be brought by the local Board of Health in the Kingsbury Justice Court.
The Town of Kingsbury reserves the right to incorporate any of the regulations established by the Washington County Health Department or the New York State Health Department regarding said sanitary conditions within the Town of Kingsbury, Washington County, New York.
Except as otherwise specified, this Kingsbury Health and Sanitary Code shall take effect on September 30, 1992.