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:
BUILDING
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.
DWELLING
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.
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.
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.