The Common Council of the City of Olean hereby finds and declares
that there exist in the City rental housing properties which are,
or may become in the future, substandard with respect to structure
and maintenance thereof or, further, that conditions, including but
not limited to structural deterioration, lack of maintenance, the
appearance of the exterior of the premises, the existence of fire
hazards and unsanitary conditions, constitute a menace to the health,
safety, welfare and reasonable comfort of the residents and inhabitants
of the City. It is further found and declared that, by reason of lack
of maintenance and progressive deterioration, certain properties have
the further effect of creating blighting conditions and initiating
slums, and, that if the same are not curtailed and removed, the aforesaid
conditions will grow and spread and will necessitate, in time, the
expenditure of large amounts of public funds to correct and eliminate
same. By reason of timely regulations and restrictions as herein contained,
the growth of slums and blight may be prevented and the immediate
neighborhood and property values thereby maintained the desirability
and amenities of rental housing properties and immediate neighborhoods
enhanced and the public health, safety and welfare protected and fostered.
The City of Olean further wishes to achieve the following beneficial
purposes:
(1)
The protection of the character and stability of residential areas;
(2)
The correction and prevention of housing conditions that adversely
affect or are likely to adversely affect the life, safety, general
welfare and health, including the physical, mental and social well-being
of persons occupying dwellings;
(3)
The enforcement of minimum standards for heating, plumbing and other
sanitary equipment necessary for health and safety;
(4)
The enforcement of minimum standards for light and ventilation necessary
for health and safety;
(5)
The enforcement of minimum standards for the maintenance of existing
residential buildings and the prevention of slum and blight conditions;
(6)
The preservation of the value of land and buildings throughout the
City.
The following definitions shall apply in the interpretation
and enforcement of this chapter.
(1)
ACCESSORY BUILDING
BASEMENT
BUILDING
CELLAR
DETERIORATION
DWELLING
DWELLING, MULTIPLE
a.
b.
c.
DWELLING UNIT
ENFORCEMENT OFFICER
EXPOSED TO PUBLIC VIEW
EXTERIOR OF PREMISES
EXTERMINATION
FIRE HAZARD
GARBAGE
HABITABLE ROOM
INFESTATION
MANAGING AGENT
MULTIPLE DWELLING, OWNER-OCCUPIED
NUISANCE
OCCUPANT
OWNER
PERSON
PLUMBING
PREMISES
REFUSE
RESIDENTIAL HEATING FACILITIES
ROOMING HOUSE
ROOMING UNIT
RUBBISH
a.
b.
STORY ABOVE GRADE
STRUCTURE
SUPPLIED
TEMPORARY HOUSING
As used in this article, the following terms shall have the meanings
indicated unless a different meaning is indicated clearly by the context,
as used in this Code:
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.
That portion of a building partly or completely below grade.
(See "story above grade.")
A structure, wholly or partially enclosed within exterior
walls or within exterior or party walls and a roof, affording shelter
to persons, animals or property.
A portion of a building located partly or wholly underground
and having 1/2 or more than 1/2 of its clear floor-to-ceiling height
below the average grade of the adjoining ground.
The condition or appearance of a building, or any part thereof,
characterized by holes, rot, breaks, crumbling, cracking, peeling,
rusting or other evidence of physical decay, neglect, excessive use
or lack of maintenance.
Any structure designed for use by human occupants for sleeping
and living purposes.
A 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; a 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; a building with sleeping accommodations
for more than five persons used or occupied as a club, dormitory,
fraternity or sorority or for similar uses; a building used or occupied
as an old-age home or community residence [9 NYCRR 606.3(a)(141)].
A building containing three or more dwelling units with shared
or individual entrances and/or other essential facilities and services.
This term shall not be deemed to include motel, hotel, rooming house
or other accommodations used for more or less transient occupancy.
A building or portion thereof containing three or more dwelling
units and designed or used for occupancy by three or more families
living independent of each other.
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
A Code Enforcement or Building Inspector of the City of Olean,
or his designated qualified representative, any officer of the Olean
Police Department, any professional firefighter of the Olean Fire
Department, the City Attorney and the County Health Department when
their assistance is requested by the enforcement officer.
Any premises or open space, or any part thereof, or any building,
or any part thereof, which may be lawfully viewed by any member of
the public from a sidewalk, street, alleyway, open-air parking lot
or any adjoining or neighboring premises.
Those portions of a building that are exposed to public view
and the open space of any premises outside of any building erected
thereon.
The control and elimination of insects, rodents, or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by poisoning,
spraying, fumigating, trapping, or by any other recognized and legal
pest elimination methods approved by the enforcement officer.
Any thing or act which increases, or may cause an increase
in, the hazard or menace of fire to a greater degree than that customarily
recognized as normal by persons in the public service of preventing,
suppressing or extinguishing fires, or which may obstruct, delay or
hinder, or may become the cause of an obstruction, delay or hindrance
to the prevention, suppression or extinguishment of fires, or any
fire hazard identified in these codified ordinances. See also "nuisance."
A room or enclosed floor space used or intended to be used
for living, sleeping, cooking, or eating purposes, excluding bathrooms,
water closet compartments, laundry, pantries, foyers, or communicating
corridors, closets and storage spaces.
The presence, within or around a dwelling, of any insects,
rodents, or other pests.
As defined under Section 6-80(d) of the Olean City Code of
Ordinances.
One- or two-family property where the structure is occupied
by the owner or the spouse, child, parent or sibling of the owner.
Any public nuisance known as provided by the statutes of
the state or ordinance of the City; conditions dangerous to human
life or detrimental to the health of persons on or near the premises
where the conditions exist and where the condition is made perilous
by active and negligent operation thereof; unsanitary conditions or
anything dangerous to health, in violation of this Code; and fire
hazards.
The person in occupancy, in possession or in control of premises
or using premises.
The owner of the freehold of the premises or lesser estate
therein, a mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee or other person, firm or corporation in
control of a building [(9 NYCRR 606.3(a)(154)].
Includes any individual, firm, corporation, association,
or partnership.
Includes all of the following supplied facilities and equipment:
gas pipes, gas-burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes-washing machines, catch
basins, drains, vents, and any other similar supplied fixtures, together
with all connections to water, sewer, or gas lines.
A lot, plot or parcel of land, including the buildings or
structures thereon.
Dwellings shall be provided with heating facilities capable
of maintaining a room temperature of 68° F. (20° C.) in all
habitable rooms, bathrooms and toilet rooms based on the winter design
dry-bulb temperature for the locality indicated in Table 302.1 of
the Energy Conservation Construction Code of New York State. Cooking
appliances shall not be used to provide space heating to meet the
requirements of this definition.
A building arranged or occupied for lodging, with or without
meals, for compensation and not occupied as a one- or two-family dwelling.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping but not for cooking
or eating purposes.
Useless waste or rejected matter; noncombustible waste material.
The term shall include the residue from the burning of wood, coal
and coke; and also tin cans, metals, mineral matter, glass, crockery,
dust and other noncombustible matters.
COMBUSTIBLEPaper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, wood furniture and bedding dunnage and all other materials subject to burning.
NONCOMBUSTIBLEMetal, tin cans, metal furniture, glass, crockery and minerals.
Any story having its finished floor surface entirely above
grade, except that a basement shall be considered as a story above
grade where the finished surface of the floor above the basement is:
more than six feet (1,829 mm) above grade plane; more than six feet
(1,829 mm) above the finished ground level for more than 50% of the
total building perimeter; more than 12 feet (3,658 mm) above the finished
ground level at any point.
A combination of materials assembled, constructed or erected
at a fixed location, including, for example, a building, stationary
and portable carports and swimming pools, the use of which requires
location on the ground or attachment to something having location
on the ground.
Paid for, furnished, or provided by or under the control
of the owner or operator.
Any tent, trailer, or other structure used for human shelter
which is designated to be transportable and which is not attached
to the ground, to another structure, or to any utilities system on
the same premises for more than 30 consecutive days.
(2)
Meaning of certain words. Whenever the words "dwelling," "dwelling
unit," "rooming house," "rooming unit" and "premises" are used in
this chapter, they shall be construed as though they were followed
by the words "or any part thereof."
(a)
Registration required. No person shall occupy or allow the occupancy
of or rental to another for occupancy any dwelling unit unless the
owner has first obtained a rental dwelling unit registration certificate
as hereafter provided.
(b)
Exemptions. The provisions of this article shall not apply to owner-occupied
with no more than one rental unit; hotels; motels; hospitals; nursing
homes; or other dwelling units which offer or provide medical or nursing
services if such units are subject to state or federal licensing or
regulations concerning the safety of users and patients.
(c)
Application for registration. Within 90 days after the effective
date of this article, the owner of each dwelling unit existing on
the effective date of this article shall submit a properly completed
rental registration form to the City of Olean Codes Department. Furthermore,
the owner of any property, whether previously used as a rental or
not, whether being a single-family or multifamily dwelling, must submit
a properly completed rental registration form within 30 days of renting
any dwelling unit.
(1)
Such form shall be furnished by the Code Enforcement Office
and shall set forth the following information, in addition to the
other information reasonably required by the Code Enforcement Office
from time to time which may be necessary to administer, enforce, and
insure compliance with the provisions of this chapter and the housing
code:
a.
Name, principal residence address and telephone number of the
owner.
b.
Each and every owner, principal member, or general partner,
joint tenancy, tenancy in common or tenancy by entirety shall be indicated
on the application and residence address in accordance with this section.
c.
If the owner is a corporation, the principal place of business
of the corporation must be provided and the name, title and residence
address of all officers, directors, managing or general agents must
be included.
d.
If the owner has designated a managing agent or managing company,
then the name, principal residence address and telephone number of
such agent or managing company must be included in addition to that
of the owner. The managing company must also supply its principal
business address and telephone number.
e.
It shall be the responsibility of the owner to properly register
any change of address, managing agent or any other information which
occurs after the filing of the application.
f.
For purposes of this section, a post office box shall not be
accepted as the owner's physical address. A post office box may be
designated as an address to be provided as required in this section.
The building intended to be registered shall not be accepted as the
owner's address unless it is the principal place of business or primary
residence of the owner.
g.
The owner shall specify the address to which all notices of
violation issued pursuant to this chapter and other violations of
the housing codes are to be forwarded.
(2)
If the owner does not actually reside within 20 miles of the
City of Olean, or have a regular place of business within the City
of Olean, they must have a managing agent who actually resides within
20 miles of the City of Olean, or have a regular place of business
within the City of Olean.
(3)
Failure to provide the aforementioned information shall be deemed
an offense and shall be penalized upon notice to the owner pursuant
to this chapter.
(d)
Term of rental dwelling unit registration.
(1)
A rental dwelling unit registration pursuant to this chapter
shall expire three years after the date it is issued. Renewal shall
be due within 30 days prior to the expiration of the rental registration.
(e)
Revocation of rental dwelling unit registration certificate. A rental
dwelling unit registration certificate issued pursuant to this chapter
may be revoked by the Code Enforcement Official for any of the following
reasons:
(1)
Fraud, misrepresentation or a false statement as to material
fact in the application;
(2)
A finding that a rental dwelling unit registration was issued
in error and not in accordance with applicable law;
(3)
A violation of any provision of this chapter, including noncompliance
with a notice of violation.
(a)
All rental housing properties are subject to inspection by the City
of Olean at the change of occupant unless otherwise exempt under this
section. At the time of such inspection, all interior and exterior
parts of the rental housing property must be available and accessible
for such inspection, and the owner/managing agent/occupant are required
to provide the necessary arrangements to facilitate such inspections.
Such inspection shall be made between 8:00 a.m. and 5:00 p.m., unless
there exists a violation of a character which is an immediate threat
to health and safety, requiring inspection and abatement without delay.
(b)
Application for inspection. Whenever an owner/managing agent or bona
fide occupant shall apply to the City of Olean Codes Department for
an inspection in order to ascertain if any section of this Code has
been violated, the Codes Department shall, upon payment of the fee
hereunder stated, cause an inspection to be made of the premises and
issue either an occupancy certificate or a report of the inspection
to the applicant, indicating therein any violations at the premises.
The applicant for such inspection shall state, in writing, his or
her full name, residence address and the reasons and basis for which
the inspection is requested. The application may be denied for failure
to comply with this requirement. Upon a passed inspection the property
owner shall be issued a certificate for rental occupancy by the City
of Olean Codes Department. This certificate is nontransferable; it
is only valid for the tenant in which the application was made.
(c)
Application for status report. Where an owner/managing agent/occupant
or bona fide prospective occupant requests a status report as to whether
or not there are any known violations presently pending on the premises,
upon payment of the fee prescribed herein and a written request, a
copy of any notice or order on any violation then pending shall be
sent to the applicant.
(d)
The enforcement officer is hereby authorized and directed to make
inspections to determine whether the condition of dwellings, dwelling
units and rooming units and premises located within the City of Olean
are in compliance with the requirements of this chapter. For that
purpose and in order that he may perform his duty of safeguarding
the health and safety of the occupants of such dwellings and the general
public, the enforcement officer is hereby authorized to enter, examine
and survey at reasonable times all dwellings, dwelling units and premises
with permission of the occupant and subsequent notification being
given to the owner. However, such inspections shall be made upon request
to the occupant of the premises to be inspected and at the convenience
of such occupant. In the event that access to such dwelling or premises
cannot be obtained upon request to the occupant and after reasonable
effort to obtain access by permission, the enforcement officer, if
he has reason to believe said dwelling unit for the inspection of
which permission has been refused or has not been given after reasonable
request is in violation of one or more of the provisions of this chapter,
may apply to a court of competent jurisdiction upon affidavit for
an order directing that the said enforcement officer have access to
said dwelling or premises for the purpose of making his inspection.
The court, if satisfied from the papers presented to it that there
is reasonable ground to believe that the aforesaid dwelling or premises
may be in violation of one or more of the provisions of this chapter,
shall grant and issue an order directed to the occupant and owner
of said dwelling or premises requiring that the enforcement officer
be admitted thereto for the purpose of making the inspection provided
for in this chapter. The enforcement officer shall thereupon proceed
to make such inspection.
(a)
Refused access. Where the City of Olean is refused access or is otherwise
impeded or prevented by the owner/managing agent/occupant from conducting
an inspection of a rental housing property, such person shall be in
violation of this Code and subject to the penalties hereunder.
(b)
Search warrants or access warrants. In addition to the provision
of this section, the City of Olean may, upon affidavit, apply to the
Olean City Court or any court of competent jurisdiction for a search
warrant, setting forth factually the actual conditions and circumstances
that provide a reasonable basis for believing that a nuisance or violation
of this Code exists on the premises. If the Court is satisfied as
to the matter set forth in the affidavit, the Court may authorize
the issuance of a search warrant permitting access to the inspection
of that part of the premises on which the nuisance or violation exists.
A warrant for access may be issued by the Court upon an affidavit
of any employee of the City establishing grounds therefor.
(c)
Whenever the enforcement officer determines that there are reasonable
grounds to believe that there has been a violation of any provisions
of this chapter or of any rule or regulation adopted pursuant thereto
in any building, dwelling unit or property, there shall be issued
a notice of violation pursuant to Criminal Procedure Law § 150.40
and Civil Practice Law and Rules § 308 or other applicable
laws.
(d)
Such notice shall be put in writing, specifically state the location
of the subject property, and state the specific violation of the chapter.
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling or dwelling unit, for the purpose of living,
sleeping, cooking, or eating therein, which does not comply with the
following requirements:
(1)
Every dwelling unit shall contain a kitchen sink in good working
condition and properly connected to a potable water supply and to
a sewer system in a manner to comply with the Plumbing Code and the
ordinances of the City of Olean.
(2)
Every dwelling unit (except as otherwise permitted under Subsection
D of this section) shall contain, amongst its rooms which affords
privacy, a flush water closet and a lavatory basin in good working
condition and properly connected to a potable water supply and to
a sewer system in a manner to comply with the Plumbing Code and the
ordinances of the City of Olean.
(3)
Every dwelling unit (except as otherwise permitted under Subsection
D of this section) shall contain, within a room which affords privacy
to a person within said room, a bathtub or shower in good working
condition and properly connected to a potable water supply and to
a sewer system in a manner to comply with the Plumbing Code and the
ordinances of the City of Olean.
(4)
The occupants of two or more dwelling units may share a single flush
water closet, a single lavatory basin and a single bathtub or shower
if the total number of rooms of such dwelling units shall not exceed
eight and the total number of occupants shall not exceed six. Such
water closet, lavatory basin and bathtub or shower shall be in good
working condition and properly connected to a potable water supply
and to a sewer system in a manner to comply with the Plumbing Code
and the ordinances of the City of Olean.
(5)
Every kitchen sink, lavatory basin and bathtub or shower required
under the provisions of Subsections A, B, C and D of this section
shall be properly connected with both hot and cold water lines.
(6)
Every dwelling unit shall have adequate rubbish and garbage storage
facilities as well as containers, type and location of which are a
kind sufficient to meet the requirements of the Code of the City of
Olean.
(7)
Every dwelling shall have supplied water-heating facilities which
are properly installed, are maintained in safe and good working condition,
are properly connected with the hot water lines required by this section,
and are capable of heating water to such a temperature as to permit
an adequate amount of water to be drawn at every required kitchen
sink, lavatory basin, bathtub or shower at a temperature capable of
maintaining a temperature of not less than 120° F. Such supplied
water-heating facilities shall be capable of meeting the requirements
of this subsection when the dwelling or dwelling unit heating facilities,
required under the provisions of § 310-7E of this chapter,
are not in operation.
(8)
Every dwelling unit shall have safe, unobstructed means of egress
leading to safe and open space at ground level as required by New
York State Law.
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling or dwelling unit, for the purpose of living
therein, which does not comply with the following requirements:
(1)
Every habitable room shall have at least one window or skylight facing
directly to the outdoors. Whenever walls or other portions of structures
face a window of any such room and such light obstruction structures
are located less than three feet from the window and extend to a level
above that of the ceiling of the room, such a window shall not be
deemed to face directly to the outdoors and shall not be included
as contributing to the required minimum total window area.
(2)
Every habitable room shall have at least one window or skylight which
can easily be opened, or such other device as will adequately ventilate
the room.
(3)
Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in Subsections (1) and (2), except that no window or skylight shall be required in bathrooms and water closets adequately equipped with a ventilation system approved by the enforcement officer and kept in continuous operation.
(4)
Where there is electric service available from power lines which
are not more than 300 feet away from a dwelling, where practicable
every habitable room of such dwelling shall contain at least one electric
convenience for every 20 linear feet (or major fraction) of the total
distance around the room as measured horizontally along the wall at
the floor line. Such receptacles shall not be a part of a fixture
for computation. Every water closet compartment, bathroom, laundry
room, furnace room, and public hall shall contain at least one supplied
ceiling or wall-type electric light fixture. Every such outlet and
fixture shall be properly installed, shall be maintained in good and
safe working condition and shall be connected to the source of electric
power in a safe manner.
a.
Over current protection. Fuse holders for plug fuses of 30 amperes
or less shall not be installed unless they are of the Type S with
the adaptor inserted or of the Type S construction. Fuses or circuit
breakers shall not exceed wire (conductor) capacity of the circuit.
b.
There shall be at least one lighting circuit for each 500 square
feet of floor space and at least one circuit for appliances which
is separate from the lighting circuits; if only one lighting circuit
is in existence, all new additional outlets shall be installed on
a new circuit (or circuits).
c.
In a multiple-occupancy building, each occupant shall have access
to his disconnecting means and overcurrent protection at all times,
without locks or through other occupancies.
(5)
Every owner and operator of any building who rents, leases or lets
one or more dwelling units, rooming units, dormitories or guestrooms
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.
(6)
Every public hall and stairway in every multiple dwelling containing
five or more dwelling units shall be adequately lighted at all times.
Every public hall and stairway in structures devoted solely to dwelling
occupancy and containing not more than four dwelling units may be
supplied with conveniently located light switches, controlling an
adequate lighting system which may be turned on when needed, instead
of full-time lighting.
(7)
Every basement or cellar window used or intended to be used for ventilation,
and every other opening to a basement which might provide an entry
for rodents, shall be supplied with a screen or such other device
as will effectively prevent their entrance.
No person shall occupy or let to another for occupancy any dwelling
or dwelling unit, for the purpose of living therein, which does not
comply with the following requirements:
(1)
Every foundation, floor, wall, ceiling and roof shall be reasonably
weathertight and rodent-proof, shall be capable of affording privacy
and shall be kept in good repair.
(2)
Every window, exterior door and basement hatchway shall be reasonably
weather tight, watertight and rodent-proof and shall be kept in sound
working condition and good repair.
(3)
Every inside and outside stair, every porch and every appurtenance
thereto shall be so constructed as to be safe to use and capable of
supporting the load that normal use may cause to be placed thereon
and shall be kept in sound condition and good repair.
(4)
Every plumbing fixture and water and waste pipe shall be properly
installed and maintained in good sanitary working condition, free
from defects, leaks and obstructions.
(5)
Every water closet compartment floor surface and bathroom floor surface
shall be constructed and maintained so as to be reasonably impervious
to water and so as to permit such floor to be easily kept in a clean
and sanitary condition. Nothing contained herein shall be deemed to
prohibit the maintenance of wooden floors in such rooms, provided
such floors are as impervious to water as may reasonably be required
to well-maintained wood floors.
(6)
Every supplied facility, piece of equipment or utility which is required
under this chapter shall be so constructed or installed that it will
function safely and effectively, and shall be maintained in satisfactory
working condition.
(7)
No owner, operator or occupant shall cause any service, facility
equipment or utility which is required under this chapter to be removed
from or shut off from or discontinued for any occupied dwelling let
or occupied by him, except for such temporary interruption as may
be necessary while actual repairs or alteration are in process or
during temporary emergencies.
(8)
No owner shall occupy or let to any other occupant any vacant dwelling
unit unless it complies with the provisions of this chapter.
No person shall occupy or let to another for occupancy any dwelling
or dwelling unit, for the purpose of living therein, which does not
comply with the following requirements:
(1)
Every dwelling unit shall contain at least 150 square feet of floor
space for the first occupant thereof and at least 100 additional square
feet of floor space for every additional occupant thereof, the floor
space to be calculated on the basis of total habitable room area.
(2)
In every dwelling unit of two or more rooms, every room occupied
for sleeping purposes by one occupant shall contain at least 70 square
feet of floor space, and every room occupied for sleeping purposes
by more than one occupant shall contain at least 50 square feet of
floor space for each occupant thereof, except that where the occupants
of such room are all less than 15 years of age, a room having at least
120 square feet of floor space may be occupied by additional persons,
provided that the floor space per occupant does not become less than
35 square feet.
(3)
No dwelling or dwelling unit containing two or more sleeping rooms
shall have such room arrangements that access to a bathroom or water
closet compartment intended for use by occupants of more than one
sleeping room can be had only by going through another sleeping room;
nor shall room arrangements be such that access to a sleeping room
can be had only by going through another sleeping room or a bathroom
or water closet compartment, except that where such a dwelling unit
is occupied only by a husband and wife, or a husband and wife and
child or children under the age of 13, this section shall not apply.
(4)
At least 1/2 of the floor area of every habitable room shall have
a ceiling height of at least seven feet, and the floor area of that
part of any room where the ceiling height is less than five feet shall
not be considered as part of the floor area in computing the total
floor area of the room for the purpose of determining the maximum
permissible occupancy thereof.
(5)
No cellar space shall be used as a habitable room or dwelling unit.
(6)
No basement space shall be used as a habitable room or dwelling unit
unless the floor and walls are impervious to leakage of underground
and surface water and are insulated against dampness; the total of
window area in each room is equal to at least the minimum window area
sizes as required in this chapter; Such required minimum window area
is located entirely above the grade of the ground and adjoining such
window area.
(7)
The provisions of this section shall only apply to new construction
and to existing homes which are to be remodeled.
(a)
Every owner of a dwelling containing two or more dwelling units shall
be responsible for maintaining in a clean and sanitary condition the
shared or public areas of the dwelling and premises thereof.
(b)
Every occupant of a dwelling or dwelling unit shall keep in a clean
and sanitary condition that part of the dwelling, dwelling unit and
premises thereof which he occupies and controls.
(c)
Every occupant of a dwelling or dwelling unit shall dispose of all
his rubbish in a clean and sanitary manner by placing it in the rubbish
containers required by the Olean City Code.
(d)
Every occupant of a dwelling or dwelling unit shall dispose of all
his garbage and any other organic waste which might provide food for
rodents in a clean and sanitary manner, by placing it in the garbage
disposal facilities or garbage storage containers required by this
chapter. It shall be the responsibility of the owner to supply such
facilities or containers for all dwelling units.
(e)
Every occupant of a dwelling containing a single dwelling unit shall
be responsible for the extermination of any insects, rodents, or other
pests therein or on the premises, and every occupant of a dwelling
unit in a dwelling containing more than one dwelling unit shall be
responsible for such extermination whenever his dwelling unit is the
only one infested. Notwithstanding the foregoing provisions of this
subsection, whenever infestation is caused by failure of the owner
to maintain a dwelling in a rat-proof or reasonably insect-proof condition,
extermination shall be the responsibility of the homeowner. Whenever
infestation exists in two or more of the dwelling units in any dwelling,
or in the shared or public parts of any dwelling containing two or
more dwelling units, extermination thereof shall be the responsibility
of the owner.
(f)
Every occupant of a dwelling unit shall keep all plumbing fixtures
therein in a clean and sanitary condition and shall be responsible
for the exercise of reasonable care in the proper use and operation
thereof.
No person shall operate a rooming house or shall occupy or let
to another for occupancy any rooming unit in any rooming house, except
in compliance with the provisions of every section of this chapter.
(1)
No person shall operate a rooming house unless he holds a valid rooming
house permit issued by the Code Enforcement Officer in the name of
the operator and for the specific dwelling or dwelling unit. The owner
shall apply to the enforcement officer for such permit, which shall
be issued by the enforcement officer upon compliance by the owner
with the applicable provisions of the Olean City Code of Ordinances.
This permit shall be displayed in a conspicuous place within the rooming
house at all times.
No such permit shall be transferable. Every person holding such
a permit shall give notice, in writing, to the enforcement officer
within 24 hours after having sold, transferred, given away or otherwise
disposed of ownership or interest in or control of any rooming house.
Such notice shall include the name and address of the person succeeding
to the ownership or control of such rooming house. Every such permit
shall be renewable annually upon written application to the enforcement
officer at least three days before the expiration of one year from
its issuance or last renewal, unless such permit is subject to revocation
for violation of this chapter or other ordinances or law applicable
to said premises.
(2)
Any person whose application for a permit to operate a rooming house
has been denied may require and shall be granted a hearing on the
matter before the Zoning Board of Appeals.
(3)
Whenever, upon inspection of any rooming house, the enforcement officer
finds that conditions or practices exist which are in violation of
any provision of this chapter or any other law or any other ordinance
of this City, the enforcement officer shall give notice, in writing,
to the owner of such rooming house that unless such conditions or
practices are corrected within a reasonable period, to be determined
by the enforcement officer, the owner's rooming house permit will
be suspended. At the end of such period, the enforcement officer shall
re-inspect such rooming house, and if he finds such conditions or
practices have not been corrected, he shall issue a violation pursuant
to this chapter.
(4)
At least one flush water closet, lavatory basin and bathtub or shower,
properly connected to a water and sewer system approved by the enforcement
officer and in good working condition, shall be supplied for each
eight persons or fraction thereof residing within a rooming house,
including members of the operator's family wherever they share the
use of the said facilities; provided that in a rooming house where
rooms are let only to males, flush urinals may be substituted for
not more than 1/2 the required number of water closets. All such facilities
shall be so located within the dwelling as to be reasonably accessible
from a common hall or passageway to all persons sharing such facilities.
Every lavatory basin and bathtub or shower shall be supplied with
hot water at all times. No such facilities shall be located in a basement,
except by written approval of the enforcement officer.
(5)
The owner of every rooming house shall change supplied bed linen
and towels therein at least once each week and prior to the letting
of any room to any occupant. The owner shall be responsible for the
maintenance of all supplied bedding in a clean and sanitary manner.
(6)
Every room occupied for sleeping purposes by one person shall contain
at least 70 square feet of floor space, and every room occupied for
sleeping purposes by more than one person shall contain at least 50
square feet of floor space for each occupant thereof.
(7)
Every rooming unit shall have safe, unobstructed means of egress
leading to safe and open spaces at ground level as required by the
laws of this state and the City of Olean.
(8)
The owner of every rooming house shall be responsible for the sanitary
maintenance of all walls, floors and ceilings and for maintenance
of a sanitary condition in every other part of the rooming house,
and he shall be further responsible for the sanitary maintenance of
the entire premises where the entire structure or building is leased
or occupied by the owner.
(9)
Every provision of this chapter which applies to rooming houses shall
also apply to hotels, except to the extent that any such provision
may be found in conflict with the laws of this state or with the lawful
regulations of any state board or agency.
The designation of dwellings or dwelling units as unfit for
human habitation and the procedure of the condemnation and placarding
of such unfit dwellings or dwelling units shall be carried out in
compliance with the City of Olean and New York State codes.
(a)
No person shall occupy and no owner or managing agent shall permit
a person to occupy a rental dwelling unit unless a City of Olean has
issued to the owner or managing agent a certificate of rental occupancy
permit for such rental unit.
(b)
Application for a rental occupancy permit shall be made separately
for each rental unit by supplying necessary information to determine
compliance with applicable laws, ordinances, rules and regulations
for the existing use or occupancy or the intended use or occupancy
on forms supplied by the City of Olean Codes Department. Such information
shall include but need not be limited to the following:
(1)
The name, address and telephone number of the owner of the rental
housing property;
(2)
The name, address and telephone number of the managing agent
of the rental unit if one is required;
(3)
The address of the rental housing property and the number of
the rental unit;
(4)
The current name, address, business and/or home telephone number
of the person(s) who, since the last application, shall be residing/occupying
the rental housing unit;
(5)
Number of people to be residing in the rental unit;
(6)
Such other information as may be requested on the application
as determined by the Fire Chief.
(c)
The City of Olean may revoke a rental occupancy permit if any false
statement appears in the application or if the information contained
in the application is inaccurate.
(d)
Upon a passed inspection of the rental housing unit, the City of
Olean shall issue a rental occupancy permit. In the case of a failed
inspection, the property owner shall have a time period not to exceed
10 days from the date of inspection to make the necessary corrections
unless, for good cause shown, the City of Olean has extended the time
for completion.
(e)
Frequency and schedule of inspections for rental occupancy. The City
of Olean Code Enforcement Department is hereby directed to conduct
an inspection of all rental housing units in single-family, two-family
and multifamily dwelling structures, except the interior of an owner-occupied
dwelling unit, at each change of occupant occurring after June 1,
2018, and every vacancy and re-rental thereafter. If the owner/managing
agent/occupant refuses to consent to an inspection of the subject
property, or if consent is otherwise unobtainable, the City of Olean
shall not make such inspection without first obtaining a search warrant.
(a)
Except as otherwise specifically provided, in the event any provision
of this article shall be in conflict with any statute, ordinance,
or regulation governing land and property, the provision which establishes
the higher standard for promotion and protection of the health and
safety of the people of the City shall be controlling.
(b)
If a term, part or provision, section, subdivision or paragraph of
this article shall be held unconstitutional, invalid or ineffective,
in whole or in part, such determination shall not be deemed to affect,
impair or invalidate the remaining terms, parts, provisions, sections,
subdivisions and paragraphs.
(a)
Fees for certificate of rental occupancy inspection or status report.
The minimum fee for any inspection made under this section shall be
$60; there shall be no fee for any initial reinspection should the
property fail. Any subsequent reinspections related to the initial
failure shall be $30 each visit. If a change in occupancy occurs within
12 months of the issuance of a rental occupancy permit, the subsequent
reinspection fee shall be $30. This certificate is nontransferable.
The fee for any status report under this section shall be $10.
(b)
Rental registration fee. There shall be no fee for properly completed
rental registration forms submitted within 90 days of the enactment
of this chapter. The fee for applications received after 90 days,
if any, shall be as set by the Common Council.
(c)
No fee for new buildings. There shall be no fee charged for the initial
inspection for a certificate of rental occupancy registration certificate
for new rental dwellings at the completion of their construction which
is covered by a building permit.
Any violation of any provision of this article, or any provision
of any rule or regulation adopted by the enforcement officer pursuant
to authority granted by this chapter, shall be deemed an offense and
any person found guilty thereof shall be liable to a fine which shall
not be less than $250 and not to exceed $1,000, or to imprisonment
not to exceed 15 days, or to both such fine and imprisonment, and
each day's failure to comply with such provision, rule or regulation
shall constitute a separate violation.
