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City of Cortland, NY
Cortland County
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Table of Contents
Table of Contents
Code
New Laws (5) Index Notes (1)
A. 
For the purposes of this section, fossil fuel shall include coal, natural gas, kerosene, oil, and propane.
B. 
All rental buildings and structures shall have no less than one approved carbon monoxide detector installed in each dwelling unit if the residential building or structure contains a fossil-fuel-powered appliance, wood-powered appliance or fireplace which is within the interior of the building or structure. The detector shall be installed within 15 feet outside the area of all sleeping rooms and in accordance with the manufacturer's specifications for installation.
C. 
Every approved carbon monoxide detector shall comply with all applicable state laws and regulations, as set forth in the New York State Executive Law § 378 or its equivalent.
D. 
It shall be unlawful for any person to, in any way, make inoperable a carbon monoxide detector required under this chapter, except that this provision shall not apply to any building owner, manager, and/or agent in the normal procedure of maintenance, including replacement of batteries.
E. 
The owner shall be solely responsible for the installation of the carbon monoxide detectors. The owner shall immediately, upon notice from the tenant, repair or replace the carbon monoxide detector as necessary.
F. 
The tenant shall be responsible for informing the owner of any carbon monoxide detector malfunction and shall be responsible for replacing batteries as needed.
G. 
The owner shall furnish to the tenant at the beginning of a new lease or new tenancy, if applicable, written notice of the responsibilities of the tenant and the obligations of the owner regarding carbon monoxide detectors, their batteries and their maintenance. New batteries shall be installed in rental units when leased, and the same shall be noted on the lease agreement signed by both the owner and the tenant.
A. 
Whenever a Code Enforcement Officer has probable cause to believe that a condition exists in or around a rental building or structure which constitutes an immediate and severe threat to the health, safety or welfare of the occupants or to the public, the officer may take any necessary action, including the temporary suspension of a rental permit. The Code Enforcement Officer shall serve upon the owner a written order incorporating the factual finding upon which the emergency action is based, without a prior hearing, such suspension to be effective on the date specified in the order.
B. 
Whenever a Code Enforcement Officer has probable cause to believe that a condition exists in or around a rental building or structure which threatens the health, safety or welfare of the occupants or the public, the officer may issue an order describing the condition and requiring that specified action be taken. If the owner does not comply with the order within the time specified, the officer may authorize the taking of the action specified in the order. Any costs incurred may be assessed against the property or collected as a personal judgment pursuant to valid legal action.
C. 
A copy of the order shall be sent to an agent or owner, and occupant(s), at their last known addresses. The method by which such notice shall be given shall be that method which provides notice within the shortest practicable period of time.
A. 
A permittee who fails to correct a violation within the time period given by notice, or an owner who has been required to appear before a court of competent jurisdiction for such failure, three times for the same rental building or structure or on three separate properties during a twelve-month period may be deemed a habitual violator if found by the Code Enforcement Officer, court, or Zoning Board of Appeals, where applicable, to have failed to correct the violations without good cause. Upon finding that a permittee is a habitual violator, an agent or representative of such owner shall be deemed a habitual violator as to those properties.
B. 
A finding that an owner is a habitual violator shall be a basis for a court of competent jurisdiction to find probable cause for the issuance of an administrative search warrant for all properties owned or managed by a habitual violator. The fee for this unified inspection will be charged at regular inspection rates as set forth in § 102-11. The owner may be placed on an accelerated inspection schedule by the court, thereby reducing certification periods, if the result of the unified inspection justifies such action. The fees as set forth in § 102-11 shall be charged for such inspections.
To the fullest extent authorized under the New York State General City Law and the New York State Real Property Tax Law, the Common Council shall have the authority to issue levies against the owner's real property for fines and/or fees due under this chapter.