This article shall be known as the "Administration and Compliance
Provisions Supplementary to Applicable Housing Standards."
The purpose of this article is to provide basic and uniform
administration of and compliance with applicable housing standards
and to establish the responsibilities of parties concerned therewith.
This article shall apply to the administration of and compliance
with applicable housing standards.
This article shall not apply to premises which are not within
the scope of applicable housing standards.
A.
There shall be established or designated by local law in the Village
of Canajoharie an agency to administer and secure compliance with
the applicable housing standards. Such agency is hereinafter referred
to as the "Housing Agency."
B.
The Housing Agency shall be under the direction and charge of a chief
officer who shall have as his representatives such assistants and
inspectors as may be necessary to effectively carry out the powers
and duties of the Agency.
C.
All personnel of the Agency shall be qualified and shall be appointed
by majority vote of the Board of Trustees of the Village of Canajoharie
and shall be furnished with appropriate official badges or identification
cards.
D.
All personnel of the Agency shall be free from personal liability
for acts done in good faith in the performance of their official duties.
A.
The Agency shall be charged with the duty of administering the applicable
housing standards and securing compliance therewith and shall be empowered
to adopt rules and regulations necessary for securing such compliance
and for its own organization and internal management, provided that
such rules and regulations shall not be in conflict with the applicable
housing standards.
B.
The Agency shall be authorized to conduct surveys of housing in any
area of the municipality to determine the condition of premises, extent
of deterioration, lack of facilities, inadequate maintenance, unsafe
and insanitary conditions, extent of overcrowding, land use and other
relevant factors.
C.
It shall be the duty of the chief officer to:
(1)
Cause periodic inspections to be made not less than once every five
years of all premises within the scope of applicable housing standards.
(2)
Cause an investigation of all complaints of alleged housing violations
or other unsafe or insanitary conditions.
(3)
Order in writing the remedying of all conditions found to exist in
or on any premises in violation of provisions of the housing standards
or of rules and regulations adopted by the Agency, state in the violation
order a reasonable time limit for compliance therewith and, where
necessary, order the vacation of premises found unfit for human habitation.
(4)
Request the chief legal officer of the municipality to take appropriate
legal action in the name of the Agency upon failure of the responsible
party to comply with such violation order within the time specified
therein.
(5)
Cause a search of the Agency's records of housing violations existing
on any premises and issue a certified statement thereof upon receipt
of written request and payment of any fees required by local law or
ordinance.
(6)
Study housing conditions in the municipality.
(7)
Cooperate with other municipal, governmental and private agencies
engaged in the study and improvement of housing conditions.
(8)
Publish an annual report of housing conditions in the municipality,
accomplishments of the agency and recommendations for the future.
D.
Where violations of the housing standards exist and pose an immediate
hazard or danger to the health, safety or welfare of building occupants
or of the public, the chief officer may issue an order citing the
violation and directing such action by such municipal agency as is
necessary to remove or abate the immediate hazard or danger.
A.
Inspectors shall, with permission of occupant, be authorized, in
performance of their duties, to enter any premises during normal business
hours and in emergencies whenever necessary to protect the public
interest.
B.
Owners, agents, operators and occupants shall be responsible for
providing access to all parts of the premises within their control
to authorized Agency personnel acting in the performance of their
duties.
The Agency shall keep records of all complaints received, inspections
made and violations found regarding premises regulated by the housing
standards. Records shall be kept in a manner and form as prescribed
by local law and shall be available for public inspection.
[Amended 10-16-1990 by L.L. No. 2-1990]
Every person who shall fail to comply with a violation order
issued by the Agency within the time limit stated thereon shall be
punished by a fine of not more than $250 or imprisoned for not more
than 15 days, or both.
A.
Owners of premises shall be responsible for compliance with the housing
standards and shall remain responsible therefor, regardless of the
fact that this chapter may also place certain responsibilities on
operators and occupants and regardless of any agreements between owners
and operators or occupants as to which party shall assume such responsibility.
B.
Owners of premises shall be responsible for proper maintenance, condition
and operation of service facilities and for furnishing adequate heat
and hot water supply in multiple dwellings.
Lodging house operators shall be responsible for compliance
with the housing standards in regard to the following:
A.
Limiting occupancy to the maximum permitted by the housing standards.
B.
Maintenance of safe and sanitary conditions in all parts of lodging
house premises.
C.
Maintenance and operation of all required service facilities.
D.
Maintenance of all plumbing, cooking and refrigeration fixtures and
appliances within his control, as well as other building equipment
and facilities, in an operative, clean and sanitary condition.
E.
Sanitary maintenance of walls, floors and ceilings.
F.
Keeping exits clear and unencumbered.
G.
Disposal of building garbage and refuse in a clean and sanitary manner.
H.
Extermination of insects, rodents or other pests on the premises.
I.
Hanging and removing required screens.
Occupants of dwelling units shall be responsible for compliance
with the housing standards in regard to the following:
A.
Limiting occupancy of that part of the premises which he occupies
or controls to the maximum permitted by the housing standards.
B.
Maintenance of that part of the premises which he occupies or controls
in a clean, sanitary and safe condition.
C.
Maintenance of all plumbing, cooking and refrigeration fixtures and
appliances, as well as other building equipment and storage facilities,
in that part of the premises which he occupies or controls in a clean
and sanitary condition and providing reasonable care in the operation
and use thereof.
D.
Keeping exits from his dwelling unit clear and unencumbered.
E.
Disposal of garbage and refuse into provided facilities in a clean
and sanitary manner.
F.
Extermination of insects, rodents or other pests within his dwelling
unit if his unit is the only one infested in the premises.
G.
Hanging and removing required screens.
