[1]
Editor's Note: This provisions of this article were originally added as Art. III on 10-14-2014 by L.L. No. 2-2014 in its amendment of this Ch. 6A, but were redesignated as Art. IV in order to fit the organizational structure of the chapter.
A. 
Exterior property areas.
(1) 
Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. All exterior property and premises shall be free from any accumulation of rubbish or garbage. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(2) 
Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(3) 
Weeds. All premises and immediate exterior property shall be maintained free from weeds or plant growth in excess of 10 inches (254 mm). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens. The failure to maintain an improved property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(4) 
Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(5) 
Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(6) 
Motor vehicles. No vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
B. 
Exterior structure.
(1) 
General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(2) 
Protective treatment. All exterior surfaces, including, but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(3) 
Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials: and maintained weatherproof and properly surface coated where required to prevent deterioration. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(4) 
Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(5) 
Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(6) 
Chimneys and towers. All chimneys, cooling towers, smokestacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(7) 
Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(8) 
Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weathertight. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(a) 
Glazing. All glazing materials shall be maintained free from cracks and holes. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(9) 
Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(10) 
Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
C. 
Interior structure.
(1) 
Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(2) 
Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(3) 
Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(4) 
Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(5) 
Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(6) 
Accumulation of rubbish or garbage. The interior of every structure shall be free from any accumulation of rubbish or garbage. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(7) 
Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
D. 
Plumbing systems and fixtures.
(1) 
General. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(2) 
Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(3) 
Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross-connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the defects shall be corrected to eliminate the hazard. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
E. 
Water system.
(1) 
Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(2) 
Water-heating facilities. Water-heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110° F. (43° C.) where hot water is required. A fuel-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(3) 
Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
F. 
Heating facilities.
(1) 
Facilities required. Heating facilities shall be provided in structures as required by this section.
(2) 
Residential occupancies. Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guest room on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from September 15 to May 31 to maintain a temperature of not less than 68° F. (20° C.) in all habitable rooms, bathrooms and toilet rooms. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
G. 
Mechanical equipment.
(1) 
Mechanical appliances. All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water-heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
H. 
Electrical facilities.
(1) 
Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the defects shall be corrected to eliminate the hazard. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(2) 
Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
I. 
Fire-protection systems.
(1) 
General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(2) 
Smoke alarms. Single- or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, and R-4 and in dwellings regulated by the Residential Code of New York State, regardless of occupant load at all of the following locations:
(a) 
On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(b) 
In each room used for sleeping purposes. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(c) 
In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level, provided that the lower level is less than one full story below the upper level. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
J. 
Carbon monoxide alarms.
(1) 
A carbon monoxide alarm shall be provided on each story containing a sleeping area, within 15 feet of the sleeping area. More than one carbon monoxide alarm shall be provided where necessary to assure that no sleeping area on such story is more than 15 feet away from a carbon monoxide alarm. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
(2) 
A carbon monoxide alarm shall be provided on each story that contains a carbon monoxide source. The failure to maintain a property in compliance with this subsection shall constitute a violation punishable as set forth within § 6A-21.
Any person, association, firm or corporation found to have violated any provision of Articles III or IV of this chapter or assists in the violation of any provision of this article shall be guilty of a violation, punishable by:
A. 
A fine of not less than $250 and not exceeding $1,000 or by imprisonment for a period not to exceed five days, or both, for conviction of a first offense.
B. 
For any second conviction, committed within a period of five years of the first conviction, such violation will be subject to a fine of not less than $1,000 nor more than $2,000 or by imprisonment for a period not to exceed 15 days, or both.
C. 
For any third or subsequent offense, after having been convicted two or more times within a period of five years, such violation shall be prosecuted as an unclassified misdemeanor, with a minimum fine of $2,000 and a maximum fine of $5,000 and/or up to one year incarceration, or a period of probation as permitted by law.
If any clause, sentence, paragraph, chapter or part of this article shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, chapter or part thereof directly involved in the controversy and in which such judgment shall have been rendered.