[Ord. No. 41,
§ 100.1, 5-27-1963]
This chapter shall be known as the "Minimum Housing Standards
Ordinance of the Village of Tuckahoe."
[Ord. No. 41,
§ 100.2, 5-27-1963]
It is hereby found and declared that there exist in the Village
of Tuckahoe, New York, structures used for human habitation which
are, or may become in the future, substandard with respect to structure,
equipment or maintenance, and further that such conditions together
with inadequate provision for light and air, insufficient protection
against fire hazards, lack of proper heating, insanitary conditions
and overcrowding constitute a menace to the health, safety, morals,
welfare and reasonable comfort of its citizens. It is further found
and declared that the existence of such conditions, factors or characteristics
will, if not remedied, create slum and blighted areas requiring large-scale
clearance and, further, that in the absence of corrective measures,
such areas will experience a deterioration of social values, a curtailment
of investment and tax revenue and an impairment of economic values.
It is further found and declared that the establishment and maintenance
of minimum housing standards are essential to the prevention of blight
and decay and the safeguarding of public health, safety, morals and
welfare.
[Ord. No. 41,
§ 100.5, 5-27-1963]
The purpose of this chapter is to protect the public health,
safety, morals and welfare of the people of the Village of Tuckahoe,
New York, by establishing minimum standards governing the conditions,
occupancy and maintenance of dwellings, dwelling units, rooming houses,
rooming units and premises; establishing minimum standards governing
utilities, facilities and other physical components and conditions
essential to make dwellings, dwelling units, rooming houses, rooming
units and premises safe, sanitary and fit for human habitation; fixing
certain responsibilities and duties of owners, operators, agents and
the occupants of dwellings and dwelling units, rooming houses and
rooming units; authorizing and establishing procedure for the inspection
of dwellings, dwelling units, rooming houses and rooming units and
the condemnation and vacation of those dwellings, dwelling units,
rooming houses and rooming units unfit for human habitation; and fixing
penalties for the violation of the provisions of this chapter. This
chapter is hereby declared to be remedial and essential to the public
interest, and it is intended that this chapter be liberally construed
to effectuate the purposes as stated above.
[Ord. No. 41,
§ 100.5, 5-27-1963]
Every portion of a building or premises used or intended to be used for any dwelling purpose shall comply with the provisions of this chapter, irrespective of when such building shall have been constructed, altered or repaired and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or premises, for the construction or repair of the building, or for the installation or repair of equipment or facilities prior to the effective date of this chapter. This chapter establishes minimum standards for the initial and continued occupancy of all buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of building equipment or facilities except as provided in § 12-5.
[Ord. No. 41,
§ 100.6, 5-27-1963]
In any case where a provision of this chapter is found to be
in conflict with a provision of any zoning, building, electrical,
plumbing, fire, safety or health ordinance or any regulation adopted
pursuant thereto or any other ordinance, code or regulation of the
Village of Tuckahoe, New York, the provision which establishes the
highest standard shall prevail.
[Ord. No. 41,
§ 100.7, 5-27-1963]
All departments, officials and employees of the Village of Tuckahoe, New York, who have the duty or the authority to issue permits or licenses in regard to the construction, installation, repair, use or occupancy of dwellings, dwelling units, rooming houses or rooming units, equipment or facilities, shall conform to the provisions of this chapter, and no such permit or license shall be issued if such would be in conflict with this chapter, except as provided in § 12-5.
[Ord. No. 41,
§ 100.8, 5-27-1963]
Nothing in this chapter shall be deemed to abolish or impair
existing remedies of the Village of Tuckahoe, New York or its officers
or agencies relating to the removal or demolition of any buildings
which are deemed to be dangerous, unsafe or insanitary.
[L.L. No. 7-2009, § 1; Ord.
No. 41, § 100.11, 5-27-1963]
As used in this chapter, the following terms shall have the
meanings indicated:
A structure, the use of which is incidental to that of the
main building and which is attached thereto or located on the same
premises.
Approved by the Commissioner under the provisions of this
chapter or the rules and regulations adopted pursuant thereto or approved
by an authority designated by law or by this chapter.
The portion of the building that is partly underground which
has more than 1/2 its height measured from clear floor to ceiling
above the average finished grade of the ground adjoining the building.
Enclosed space containing one or more bathtubs or showers,
or both, and which may also include toilets, lavatories or fixtures
serving similar purposes.
A combination of any materials, whether portable or fixed,
having a roof, to form a structure affording shelter for persons,
animals or property. The word "building" shall be construed, when
used herein, as though followed by the words "or part or parts thereof"
unless the context clearly requires a different meaning.
The lowermost portion of the building partly or totally underground
having 1/2 or more of its height, measured from clear floor to ceiling,
below the average finished grade of the adjoining ground.
The Commissioner of Buildings, referred to in this chapter
as the Building Inspector.
The Building Department of the Village of Tuckahoe.
A building containing not more than two dwelling units occupied
exclusively for residential uses. Residential uses shall include a
private garage and customary home occupations conducted in the dwelling
by the occupants, such as the practice of a profession.
One or more rooms with living, cooking, sanitary and sleeping
facilities therein, arranged with one family.
Open space on the premises and vacant open space on adjacent
premises.
The control and extermination of insects, rodents and vermin
by eliminating their harborage places; by removing, or making inaccessible,
materials that may serve as their food; by poisoning, spraying, fumigating,
trapping or by other approved means of pest elimination.
The animal, vegetable and mineral waste resulting from the
handling, preparation, cooking and consumption of food.
The natural surface of the ground or surface ground after
completion of any change in contour.
The total area of all habitable space.
Space occupied by one or more for living, sleeping, eating
or cooking, excluding kitchenettes, bathrooms, toilet rooms, laundries,
pantries, dressing rooms, storage spaces, foyers, hallways, utility
rooms, heater rooms, boiler rooms and basement or cellar recreation
rooms.
The presence, within or contiguous to a dwelling, dwelling
unit, rooming house, rooming unit or premises, of insects, rodents,
vermin or other pests.
Space, less than 60 square feet in floor area used for cooking
or preparation of food and not deemed habitable space.
Building containing three or more dwelling units.
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.
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.
Any person over one year of age living, sleeping, cooking
or eating in or having actual possession of a dwelling unit or rooming
unit.
Any person who has charge, care or control of a multiple
residence or rooming house in which dwelling units or rooming units
are let or offered for occupancy.
For the purpose of this chapter, 0° F.
Pipes, fixtures and other apparatus for supplying water for
consumption or for the conveyance of waste and drainage.
Water duly approved as satisfactory and safe for drinking.
A lot, plot or parcel of land including the buildings or
structures thereon.
A sewer operated by a public authority or public utility
and available for public use.
A building or part thereof which contains one or more rooming
units and in which space is occupied or intended to be occupied by
five or more persons who are husband or wife, son or daughter, mother
or father or sister or brother of the owner or operator.
Any room or groups of rooms forming a single habitable unit
used or intended to be used for living or sleeping, but not for cooking
or eating purposes.
All combustible and noncombustible waste, except garbage.
Waste from a flush toilet, bath, sink, lavatory, dishwashing
or laundry machine or the water-carried waste from any other fixture
or equipment or machine.
A combination of any materials, whether fixed or portable,
forming a construction, including buildings. The word "structure"
shall be construed as though followed by the words "or part or parts
thereof."
Facilities paid for, furnished or provided by or under the
control of the owner or operator.
Enclosed space containing one or more toilets, which may
also contain one or more lavatories, urinals and other plumbing fixtures.
Supply and removal of air to and from any space by natural
or mechanical means.
Ventilation by power-driven devices.
Ventilation by opening to outer air through windows, skylights,
doors, louvers or stacks with or without wind-driven devices.
