[HISTORY: Adopted by the Town Board of the Town of Lyons.
Amendments noted where applicable.]
It is hereby declared that there exist within the Town of Lyons
rental housing units which, by reason of their operation, use or occupancy,
affect or are likely to affect the public health, safety and general
welfare of the Town. It is further declared that the purpose of these
regulations is to protect the health, safety and general welfare of
the citizens of the Town by requiring the licensing of owners of certain
rental housing units as well as the registration of multiple dwellings
and regulation of all rental housing units which are or shall be in
existence in the Town. The requirements of this chapter shall be in
addition to any other requirements of the New York State Uniform Fire
Prevention and Building Code (Uniform Code), or local law or ordinance.
The following definitions shall apply in the interpretation
and enforcement of this chapter:
A designated agent of the owner or landlord who lives within
the Town of Lyons or a twenty-mile radius of the Town of Lyons.
The common bed bug (Cimex lectularius).
Any room or space within a dwelling or other occupancy which
has the potential to be utilized as a sleeping area on a consistent
basis. To be deemed a bedroom, the room must meet the following standards:
The room must be a habitable or planned habitable space per
the requirements of the Uniform Code. Planned habitable spaces would
include those areas which contain the appropriate "roughed-in" mechanicals,
such as heating ducts, hot water lines, or plumbing waste lines, etc.,
but are not currently "finished" to meet Uniform Code requirements
for habitable space.
The room should provide privacy to the occupants.
Full bathroom facilities (containing either a bathtub or shower)
should be conveniently located to the bedroom served. Convenience
in this case means on the same floor as the bedroom or on an adjacent
floor.
There should be a clothes closet in or conveniently available
to the room.
There shall be a window that opens to the outside, and a means
of escape.
Entry shall be from a common area, not through a room already
deemed a bedroom.
That all floors have been swept of debris (no vacuuming/mopping
necessary) and counters, cabinets, closets, etc. wiped down. It is
not a deep cleaning.
Days in which the offices of the Town of Lyons are open for
public business.
Space which is not part of an individual rental unit and
which is shared among occupants of two or more rental units.
An objection to existing conditions that is brought to the
attention of the authority having jurisdiction.
Meeting the minimum standards set forth by applicable codes
or regulations.
The Civil Rights Act of 1968 and Fair Housing Act Regulations,
24 CFR 100.205, adopted pursuant thereto.
The owner of one or more rental units.
A license that is issued to a landlord, valid for one year,
by the Town Clerk of the Town of Lyons upon evidence of compliance
with the provisions of this chapter and payment of the landlord license
fee.
A continuous and unobstructed way of exit travel from any
point in a building or structure to a public way consisting of three
separate and distinct parts: 1) the exit access, 2) the exit, and
3) the exit discharge.
A way out of a building or structure that does not conform to the strict definition of "means of egress" but does provide an alternate way out; may be a door, window, hallway or exterior fire escape as dictated by Chapter 152, Fire Prevention, of the Town Code.
An area comprised of all premises or parcels of land, any
part of which is within a radius of 600 feet of any part of another
parcel or lot within the jurisdiction.
The legal title holder or holders of the real property, except:
An individual, corporation, firm, partnership, association,
organization, or company.
A person who is a certified applicator or who is otherwise
specially licensed or qualified to treat bed bug infestations.
A licensed exterminator or other trained and certified person
retained by a landlord to conduct an inspection for an infestation
of bed bugs.
A residential property owned by an individual other than
the resident or by a legal entity, and for which the resident pays
rent to the owner; or a manufactured home park or other permanent
or semi-permanent site at which lots are leased or otherwise rented
to tenants for the parking of a manufactured home, mobile home, recreational
park trailer or recreational vehicle that is used for residential
purposes.
Any apartment, house, duplex, condominium, or room in a rooming
house that is not owner-occupied which is let for occupancy or intended
to be let to a person for compensation.
Indicates a mandatory requirement.
Indicates a recommendation or that which is advised but not
required.
Repairing any physical defect in the substrate of a painted
surface that is causing paint deterioration, removing loose paint
and other material from the surface to be treated, and applying a
new protective coating or paint.
This section clarifies the minimum acceptable standards for
the maintenance of rental units in addition to any and all other requirements
of the New York State Uniform Fire Prevention and Building Code.
A.
Sanitary facilities; appliances.
(1)
Dwelling
units shall include sanitary facilities located in the unit. The sanitary
facilities must be in proper operating condition, and adequate for
personal cleanliness and the disposal of human waste. The sanitary
facilities must be usable in privacy.
(2)
Each dwelling unit shall have an oven, and a stove or range, and
a refrigerator of appropriate size for the number of occupants.
(3)
All of the equipment must be in proper operating condition. The equipment
may be supplied by either the owner or the occupants. A microwave
oven may be substituted for a tenant-supplied oven and stove or range.
A microwave oven may be substituted for an owner-supplied oven and
stove or range if the tenant agrees and microwave ovens are furnished
instead of an oven and stove or range to all tenants in the building
or premises.
(4)
Each dwelling unit shall have a kitchen sink in proper operating
condition, with a sink trap and hot and cold running water. The sink
shall drain into an approved public or private sewage disposal system.
(5)
Each dwelling unit must have a flush toilet, a fixed basin with hot
and cold running water, and a shower or tub with hot and cold running
water in a separate, private room in the dwelling unit, all in proper
operating condition. These facilities shall utilize an approved public
or private disposal system.
B.
Food preparation and refuse disposal.
(1)
Each dwelling unit shall have suitable space and equipment to store,
prepare, and serve foods in a sanitary manner.
(2)
There shall be adequate facilities and services for the sanitary
disposal of food wastes and refuse, including facilities for temporary
storage where necessary.
(a)
Location on site. Centralized solid waste and recyclables collection
facilities shall be set back 30 feet from all property lines of the
parcel proposed for development. In the alternative, if it is not
possible to service the centralized facilities in a location which
is at least 30 feet from all property lines, then the facilities may
be located closer to the property lines, provided that they are designed
and constructed to be consistent and compatible with the building
or buildings on the parcel in terms of materials and architecture
and are located as far from the property line as is practicable.
(b)
Enclosure requirements. The areas where refuse and recycling
containers are stored shall be fully enclosed to a height of one foot
above the top of the container(s) by solid fencing or an opaque wall
constructed of brick, stone, or stucco-finished concrete block. Exception:
one- and two-family dwellings.
(c)
Size of residential refuse containers. The minimum size of rubbish
facilities shall be 0.56 cubic yard (or one ninety-gallon trash can)
per residential unit served, with weekly pickup.
C.
Space and security.
(1)
Each dwelling unit shall contain a living room, kitchen area, and
bathroom. The dwelling unit shall also contain the appropriate number
and size of bedrooms for the number of occupants. Persons of the opposite
sex, other than husband and wife or children under the age of six,
shall not be required to occupy the same bedroom.
(2)
Dwelling unit windows located on the first floor, at the basement
level, on a fire escape, porch, or other outside space that can be
reached from the ground and that are designed to be opened shall have
a locking device. (Windows with sills less than six feet off the ground
shall be considered accessible.) Traditional window locks, those provided
by storm/screen combination windows, window pins, and nails are acceptable.
Windows leading to a fire escape, serving as a means of escape, or
required to meet ventilation requirements may not be permanently nailed
shut.
(3)
Doors leading to the outside and common hallways, fire escapes, and
porches or otherwise accessible from the ground must have locks.
(4)
Except for vehicular access, door openings in enclosed attached garages
must have locks.
(5)
Window and door surfaces (including the door frame) must be in sufficient
condition to support the installation and proper operation of window
and door locks.
(6)
Security methods shall not create a hazard to life by obstructing
any means of egress or any opening which is classified as a means
of escape. Security provisions shall not supersede the safety requirements
relative to latching or locking devices on exit doors which would
be contrary to the provisions of the Uniform Code.
(7)
Bars, grilles, grates or similar devices may be installed in an egress
window or door required by the Uniform Code, provided the devices
are equipped with approved release mechanisms which are openable from
the inside without the use of a key or special knowledge or effort.
D.
Mechanical systems and cooking equipment.
(1)
Forced warm air and gravity furnaces.
(a)
Filters shall be changed at least yearly.
(b)
All heating ducts shall be connected and grates shall be installed
on all duct openings to prevent trip hazards and/or debris from accumulating
in the duct.
(c)
Room registers that have an open/close damper shall operate
properly or be locked in the open position.
(2)
Hot water and steam boilers. All hot water and steam boilers shall
comply with the following:
(a)
All water boilers and steam boilers shall be provided with an
automatic means to shut off the fuel supply to the burner(s) if the
boiler water level drops below the lowest safe water line. In lieu
of the low-water cutoff, water tube or coil-type boilers that require
forced circulation to prevent overheating and failure shall have an
approved flow-sensing device arranged to shut down the boiler when
the flow rate is inadequate to protect the boiler against overheating.
(b)
Steam and hot water boilers shall be equipped, respectively,
with listed or approved steam safety or pressure relief valves of
appropriate discharge capacity and conforming to ASME requirements.
A shutoff valve shall not be placed between the relief valve and the
boiler or on discharge pipes between such valves and the atmosphere.
Relief valves shall be piped to discharge near the floor, and the
entire discharged piping shall be at least the same size as the relief
valve discharge piping. Discharge piping shall not contain threaded
end connection at its termination point.
(3)
Hot water heaters. All water heaters shall comply with the following:
(a)
A shut-off valve shall be provided on the cold water line.
(b)
A pressure-relief valve shall be installed and extended to within
six inches of the floor. The extension pipe shall be a 3/4-inch pipe.
(c)
Where the plumbing is a metallic water system, a copper jumper
(#6 ground wire) shall be connected from the cold water line to the
hot water line.
(d)
The water heater shall be adequate in size to serve the number
of occupants.
(e)
The water heater shall be free of leaks.
(4)
Electric baseboard heating.
(a)
All electric baseboard heaters shall have a cover and be in
good working condition.
(b)
Electrical receptacles shall not be installed or maintained
above electric baseboard heaters.
(c)
Sufficient clearance shall be maintained between electric baseboard
heaters and draperies so as to avoid fire. Where the baseboard heater
instructions are not available for guidance, a minimum of 18 inches
of clearance shall be provided.
(6)
Plumbing.
(a)
The dwelling shall be free of leaks in supply lines.
(b)
Sewer and waste lines shall be sound and free of leaks or backups.
Waste lines at sinks and tubs shall drain freely.
(c)
Faucets, hose bibs and toilets shall be free of leaks and drips.
(d)
Minor drips at faucets, hose bibs and toilets may be allowed
when the landlord pays for the water and if the leak does not affect
the surrounding areas such as countertops or base cabinets.
(e)
Water shall not be permitted to run continuously in toilets.
E.
Illumination and electricity.
(1)
Each room shall have adequate natural or artificial illumination
to permit normal indoor activities and to support the health and safety
of occupants.
(2)
Exterior artificial lighting shall be maintained in operating condition.
(3)
Sufficient electrical sources shall be provided to permit use of
essential electrical appliances while assuring safety from fire.
(4)
Electrical receptacles at water service areas such bathrooms, kitchen
countertops, laundry areas, and within six feet of any other sink
or hose bibs shall be grounded. Where a receptacle at a water service
area must be corrected to include a ground, or electrical work must
be done to add a receptacle, ground fault circuit interrupters (GFI)
shall be installed.
(5)
Receptacles of the three-prong type shall be grounded or shall be
marked "No Equipment Ground."
(6)
Receptacles that are part of a bathroom cabinet fixture shall be
grounded or disconnected.
(7)
When new electrical services are being installed or upgraded, the
circuit box shall be labeled on the inside to list what circuits each
breaker serves. All blank circuit spaces in the box must be covered.
(8)
Wiring systems shall be deemed to be a fire hazard when conditions
such as, but not limited to, the following are found:
F.
Structure and materials. Ceilings, walls, and floors shall not have
any serious defects such as severe bulging or leaning, large holes,
loose surface materials, severe buckling or noticeable movement under
walking stress, missing parts or other serious damage. The roof structure
shall be firm and the roof shall be weathertight. The exterior wall
structure and exterior wall surface shall not have any serious defects
such as serious leaning, buckling, sagging, cracks or holes, loose
siding, or other serious damage. The condition and equipment of interior
and exterior stairways, halls, porches, walkways, etc., shall be such
as not to present a danger of tripping or falling. Elevators shall
be maintained in safe and operating condition.
(1)
Walls and ceilings must be free from holes which exceed a 1/2-inch
diameter. Walls at tub or shower areas must be properly waterproofed.
(2)
All uncovered wood floors of a soft wood construction must be covered
if there is evidence of splintering wood or unsanitary conditions.
Carpets or other floor coverings which are unsanitary or present a
trip hazard shall be removed, repaired, thoroughly cleaned or replaced
as necessary. Unsanitary carpet includes carpet that has collected
excessive food spills, pet waste, dirt, etc. Any holes in floor coverings
greater than four inches in width shall be deemed a trip hazard.
(3)
Garages and outbuildings shall be structurally sound, shall have
no broken windows, and be free of accumulated rubbish.
(4)
The exterior of dwellings shall be maintained comparable in condition
to the dwellings in the surrounding neighborhood.
H.
Water supply. Dwellings must be served by an approved public or private
water supply that is sanitary and free from contamination.
I.
Access. The dwelling shall be usable and capable of being maintained
without unauthorized use of other private properties, and the building
shall provide an alternate means of egress in case of fire.
J.
Infestations.
(1)
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 pest elimination, proper precautions shall be taken
to prevent reinfestation.
(2)
Standing water in buckets, aquatic vessels, tires, etc., shall be
eliminated to control the breeding of mosquitoes.
(3)
Control of bedbugs.
(a)
A landlord shall not show, rent, or lease to a prospective tenant
any vacant rental unit that the landlord knows has a current bed bug
infestation.
(b)
A tenant shall promptly notify a landlord orally or in writing
when the tenant knows or reasonably suspects that the tenant's rental
unit is infested with bed bugs. Not later than five business days
after receiving such notice, the landlord shall obtain an inspection
by a qualified inspector of the rental unit and any contiguous unit
of which the landlord is an owner, lessor or sublessor, and may enter
any such dwelling unit or contiguous unit for the purpose of conducting
such inspection. If the qualified inspector determines that any such
rental unit or contiguous unit is infested with bed bugs, the landlord
shall, not later than five business days after the date of the inspection,
take reasonable measures, as determined by such qualified inspector,
to effectively treat the bed bug infestation, including treating or
retaining the services of a pest control agent to treat the rental
unit and any contiguous unit of which the landlord is an owner, lessor
or sublessor, except the landlord may first attempt to treat such
infestation. If the landlord treats such bed bug infestation without
retaining the services of a pest control agent, the landlord shall
first vacuum the areas to be treated and shall, not later than five
business days after the date of such treatment, obtain an inspection
of any treated unit by a qualified inspector. If the qualified inspector
determines that any such unit is not infested with bed bugs, the qualified
inspector shall provide the landlord with a written certification
of such determination, a copy of which shall be provided to the Code
Enforcement Officer. If the qualified inspector determines that any
such unit is infested with bed bugs, the landlord shall, not later
than five business days after the date of such inspection, retain
the services of a pest control agent. The landlord shall be responsible
for all costs associated with inspection for and treatment of a bed
bug infestation in multiple dwellings, and upon vacancy of any rental
unit where a bedbug infestation is known to exist. Tenants shall cooperate
with the inspection and extermination process, which shall include
reducing unreasonable amounts of clutter that create hiding places
for pests and deter treatment.
(c)
Whenever any furniture, clothing, equipment or personal property
belonging to a tenant is found to be infested with bed bugs, such
furniture, clothing, equipment or personal property shall not be removed
from the dwelling unit until a pest control agent determines that
a bed bug treatment has been completed, or until the landlord approves
of such removal.
(d)
This subsection shall not impose a duty on a landlord to inspect
or treat a dwelling unit or the common areas of the premises for bed
bugs if the landlord has no notice of a suspected or actual bed bug
infestation. If a bed bug infestation is evident on visual inspection,
the landlord shall be considered to have notice pursuant to this section.
K.
Fire and life safety.
(1)
There shall be a working smoke alarm located in each bedroom and
in a central location on each floor level of the rental unit, including
the basement.
(2)
If the rental unit is occupied by hearing-impaired persons, each
required smoke alarm shall be designed for hearing-impaired persons.
(3)
The rental unit shall have an adequate fire exit. Windows are acceptable
for the first and/or second floor. The third floor or above shall
have a fire escape or an acceptable second stairway and exit.
(a)
Exception 1: where a fire sprinkler system is installed in conformity
with NFPA 13, NFPA 13R, or NFPA 13D, as applicable.
(b)
Exception 2: above the second floor and below the seventh floor,
where a means of escape is provided and equipped with a portable escape
ladder compliant with ASTM F2175 (Standard Specification for Portable
and Permanent Emergency Escape Ladders for Residential Use).
(4)
The rental unit shall have unimpeded access to at least one portable
fire extinguisher within 75 feet of travel distance, located along
the path of exit from the unit and/or building. Such extinguisher
shall be at least a 2.5-pound ABC dry chemical type, and shall be
properly mounted in place.
(5)
There shall be a working carbon monoxide alarm provided and located
in the rental unit as required by the New York State Uniform Fire
Prevention and Building Code.
(6)
Stovetop fire suppressors. Owners and/or managers of apartment buildings
containing three or more rental units with no automatic fire suppression
or sprinkler system shall:
(a)
Install and maintain an approved, automatic, laboratory-tested
fire-extinguishing device designed to suppress fires in all vent hoods
located above cooking appliances; or
(b)
Install and maintain other automatic, laboratory-tested stovetop
fire prevention or mitigation technology for all stovetops in the
dwelling.
(c)
The Code Enforcement Officer shall set a date or dates for achieving
compliance with this subsection, and may establish a phase-in schedule
for compliance.
L.
Paint and paint hazards.
(1)
All interior and exterior painted surfaces, including but not limited
to doors, door and window frames, cornices, porches, trim, balconies,
decks and fences, shall be maintained free of peeling, flaking and
chipped paint. Deteriorated interior painted surfaces exceeding two
square feet, deteriorated exterior painted surfaces exceeding 20 square
feet, and deteriorated individual components exceeding 10% of the
component shall require stabilization.
Exception: Interior surfaces in rental units and common areas
constructed after 1978, or which have been inspected by a certified
(licensed) lead-based paint inspector or risk assessor (see 40 CFR
Part 745) and found to contain no lead-based paint.
(2)
Where applicable, stabilization shall follow lead-safe work practices
as stipulated by HUD and/or EPA.
(3)
Before ratification of a contract for a housing sale or lease, sellers
and landlords must:
(a)
Give to the tenant or buyer an EPA-approved information pamphlet
on identifying and controlling lead-based paint hazards ("Protect
Your Family From Lead in Your Home" pamphlet).
(b)
Disclose any known information concerning lead-based paint or
lead-based paint hazards. The seller or landlord shall also disclose
information such as the location of the lead-based paint and/or lead-based
paint hazards, and the condition of the painted surfaces.
(c)
Provide any records and reports on lead-based paint and/or lead-based
paint hazards which are available to the seller or landlord (for multi-unit
buildings, this requirement includes records and reports concerning
common areas and other units, when such information was obtained as
a result of a building-wide evaluation).
(d)
Include an attachment to the contract or lease (or language
inserted in the lease itself) which includes a Lead Warning Statement
and confirms that the landlord has complied with all notification
requirements. This attachment shall be provided in the same language
used in the rest of the contract. Sellers, landlords, and agents,
as well as buyers and tenants, must sign and date the attachment.
(e)
Sellers and landlords shall retain a copy of the disclosures
for no less than three years from the date the leasing period begins.
M.
Manufactured housing. A manufactured home shall be securely anchored
by tie-down devices which distribute and transform the loads imposed
by the unit to appropriate ground anchors to resist wind overturning
and sliding.
O.
Site and neighborhood conditions. The site and neighborhood shall
be maintained reasonably free from disturbing noises and reverberations
or other dangers to the health, safety and general welfare of the
occupants.
(1)
Adverse natural or man-made environmental conditions may include
dangerous walks or steps, instability, flooding, poor drainage, septic
tank back-ups or sewer hazards, mudslides, abnormal air pollution,
smoke or dust, excessive noise, vibration, or vehicular traffic, excessive
accumulations of trash, vermin or rodent infestation, or fire hazards.
(2)
It shall be prohibited to occupy or use for residential purposes
the residential part of a mixed occupancy building if the nonresidential
part of such building is classified for use as a high-hazard occupancy,
or if the nonresidential use is obnoxious or offensive to the residential
occupancy or use.
A.
Any owner of a residential rental unit in the Town of Lyons shall
file with the Code Enforcement Officer:
(1)
A statement of designation, signed and notarized, setting forth the
name and address, by street and number within the Town of Lyons or
within a twenty-mile radius of the Town of Lyons, of an agent upon
whom process may be served in any action or proceeding which may be
commenced or instituted against said owner. The designated agent shall
be the agent of the owner for service of process and receiving of
notices and demands, as well as for performing the obligations of
the owner under statutory law or code and under rental agreements
with occupants. Nothing contained herein shall prohibit the owner
from designating itself if such owner otherwise meets the requirements
of this section.
(2)
The legal name, mailing address, daytime physical address (not a
post office box), and daytime and evening telephone number(s) of the
designated agent, and such information shall be kept current and updated
within five business days after it changes.
B.
Every owner of a building located within the Town of Lyons shall
post, and keep posted, in a conspicuous place in the common area of
said building, a notice, at least six inches by eight inches in size,
setting forth the name, address and telephone number of the owner,
or designated agent.
Exception: At one- and two-family dwellings, and owner-occupied
multiple dwellings, such notice need not be posted.
A.
The owner of any residential rental unit shall obtain an annual landlord
license from the Town of Lyons, the initial license of which shall
be obtained within 90 days of the date of passage of this chapter.
New landlords shall obtain a landlord license within 30 days of obtaining
title to the rental unit(s).
B.
Each owner of a rental unit shall file a landlord license application
and submit a landlord license application fee to the Town Clerk. All
landlord license applications shall be submitted to the Clerk on approved
forms. Upon receipt of a landlord license application, the Town Clerk
shall forward such form(s) or information to the Code Enforcement
Officer for his or her review, in accordance with this chapter.
(1)
The
landlord license application shall require the owner to give the following
information:
(a)
Name(s), address(es), and telephone number(s) of the owner(s).
For purposes of this section, a post office box does not suffice as
an address.
(b)
Registered agent's name, address, and telephone number, if applicable.
For purposes of this section, a post office box does not suffice as
an address.
(c)
A statement that the owner agrees to conduct, maintain and supervise
all rental units and the surrounding premises owned by the owner so
as to not create a nuisance, or permit conduct or activity at the
rental unit or on its premises that endangers the public health and
welfare.
(d)
A statement that the owner certifies that the landlord license
application is accurate and does not contain any material omissions
and/or materially false or misleading information.
(2)
Except as provided in Subsection D, the Code Enforcement Officer shall issue the landlord license upon receipt of the completed landlord license application, the landlord license fee, rental unit registration and other required information.
(3)
If at any time the information contained in the landlord license application changes materially before the filing of a new landlord license application, the landlord shall update the landlord license application. No fee shall be required to update the landlord license application. Failure to update the landlord license application shall be a violation of Chapter 300, Zoning, of the Town Code.
(4)
A landlord license shall be valid for one year from the date of issuance.
A landlord license is nontransferable. A landlord license, in and
of itself, shall not be interpreted as granting the owner the privilege
to let for occupancy any rental unit, but must be accompanied by a
valid operating permit, as may be required by local law.
(5)
At the expiration of the landlord license, the owner may renew the
landlord license by submitting another landlord license application
along with the landlord license fee. A renewal of the landlord license
may not be refused without cause upon payment of the landlord license
fee.
C.
Denial of application.
(1)
The Code Enforcement Officer may deny any landlord license application
if he/she determines that any of the following events have occurred
or conditions exist:
(a)
The owner has failed to provide all the information required
for the landlord license application.
(b)
The owner has failed to pay the required fee pursuant to local
law.
(c)
The owner has obtained the landlord license or an operating
permit through fraud, collusion or illegality.
(d)
The application or any previous application for a landlord license
filed by an owner contains any material omissions and/or materially
false or misleading information, including a failure to update an
application where required.
(e)
Any rental unit and/or the premises of the owner are conducted
or maintained in such a manner as to create two or more public nuisance
violations pursuant to local law.
(f)
The owner has been determined to be aiding, abetting, encouraging,
permitting, harboring, or engaging in criminal conduct or criminal
activities in any of his/her rental units or on any of the owner's
rental unit premises.
(g)
Violation of any other provision of this chapter.
(h)
A building owned by the applicant and within the Town of Lyons
has been deemed an "abandoned dwelling" as defined by the New York
State Real Property Actions and Proceedings Law.
(i)
The owner has failed to provide federally required lead-based
paint disclosures to tenants of rental units constructed before 1978.
(j)
The owner has been found by a court or by the Town of Lyons
Fair Housing Officer to have violated state or federal fair housing
laws.
(2)
If the Code Enforcement Officer believes there is reasonable cause to deny a landlord license application, the Code Enforcement Officer shall issue written notice of the denial to the owner with the specific grounds for such denial. The owner may appeal the determination of the Code Enforcement Officer to the Zoning Board of Appeals as set forth in Chapter 300, Zoning, of the Town Code.
D.
Revocation
or suspension of license.
(1)
The
Code Enforcement Officer may revoke or suspend a landlord license
if he/she determines that:
(b)
The landlord has failed to pay any outstanding penalties or
fees that have been outstanding for 90 days.
(c)
The landlord or his/her designated agent is not available or
does not respond to contacts by a Code Enforcement Officer, or if
the name and contact information for the owner or agent are no longer
valid, or if the designated agent no longer represents the owner.
(2)
If the Code Enforcement Officer believes there is reasonable cause to revoke or suspend a landlord license, the Code Enforcement Officer shall issue a written notice of the revocation with the specific grounds for the revocation or suspension. The owner may appeal the revocation or suspension to the Zoning Board of Appeals as set forth in Chapter 300, Zoning, of the Town Code.
(3)
A landlord license may be suspended for a maximum period of 90 days,
and shall be reinstated at the end of the suspension period.
(4)
An owner whose landlord license has been revoked shall be ineligible
to obtain a new landlord license for a period of one year. In addition
to any other provision of this chapter, an owner whose landlord license
has been revoked shall enroll in or provide proof that the owner or
registered agent has successfully completed a landlord training program
acceptable to the Town.
E.
An owner
whose landlord license has been denied, revoked or suspended shall
not, while said license is invalid, permit another person to rent,
lease or occupy any rental unit that is vacant or becomes vacant.
Every owner of a multiple dwelling shall, in addition to any
and all other information required by local law, provide a floor plan
of each rental unit and common area. The plan need not be to scale,
but shall indicate the dimensions of kitchens, living rooms, dining
rooms and bedrooms.
All owners required to obtain a landlord license shall be required
to obtain a minimum of $50,000 in general liability insurance and
hazard and casualty insurance in an amount sufficient to either restore
or remove the building in the event of fire or other casualty. Further,
in the event of any fire or loss covered by such insurance, it shall
be the obligation of the owner to use such insurance proceeds to cause
the restoration or demolition or other repair of the property in adherence
to applicable laws, codes and regulations.
A.
It shall be unlawful for the owner of any rental unit who has received
a compliance order or upon whom a notice of violation has been served
to sell, transfer, mortgage, lease or otherwise dispose of such rental
unit to another until the provisions of the compliance order or notice
of violation have been complied with, or until such owner shall first
furnish the grantee, transferee, mortgagee or lessee a true copy of
any compliance order or notice of violation issued by the Code Enforcement
Officer and shall furnish to the Code Enforcement Officer a signed
and notarized statement from the grantee, transferee, mortgagee or
lessee, acknowledging the receipt of such compliance order or notice
of violation and fully accepting the responsibility, without condition,
for making the corrections or repairs required by such compliance
order or notice of violation.
B.
All delinquent fees shall be paid by the owner prior to any transfer
of control or an ownership interest in any rental unit.
C.
It shall be unlawful for the owner of any rental unit to sell, transfer,
mortgage, lease or otherwise dispose of such rental unit to another
until such owner shall first furnish the grantee, transferee, mortgagee
or lessee with a signed and notarized fire safety affidavit (in a
form approved by the Code Enforcement Officer) stating that the dwelling
unit has operable smoke alarms, carbon monoxide alarms, and a fire
extinguisher as required by the New York State Uniform Code and local
law, and that the chimney of any fireplace or solid-fuel-burning appliance
has been inspected in accordance with NFPA 211. The fire safety affidavit
shall include the results of said chimney inspection, and a copy shall
be submitted to the Code Enforcement Officer.
D.
Upon the change of any relationship between the owner of property
and any tenants or occupants of the property and any change in relationship
between the parties to a land contract or other similar contract where
the land contract vendor and/or vendee changes, the Town of Lyons
shall have the right, at its own expense, to inspect the property
regarding compliance with any and all matters concerning this chapter
and the New York State Uniform Fire Prevention and Building Code and
for other purposes.
E.
Upon execution of an agreement between the Town of Lyons and the
Wayne County Water and Sewer Authority, the Code Enforcement Officer
shall, prior to transfer of any dwelling, inspect the premises to
ensure that any and all sump pumps and roof gutters are properly connected
to an approved storm sewer, or combination storm/sanitary sewer, or
are otherwise discharged in an approved manner. The fee for said inspection
shall be as stipulated by law.
A.
Every occupant of a rental unit shall give the owner thereof or his or her agent or employee access to any part of such rental unit, or its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter, Chapter 300, Zoning, of the Town Code, the New York State Uniform Fire Prevention and Building Code, or with any lawful order issued pursuant to any state or local law.
B.
Entry to inspect any rental unit selected by a pest control agent
and to conduct follow-up inspections of surrounding units until bed
bugs are eliminated is a necessary service for the purpose of this
chapter. Tenants shall cooperate with the inspection process to facilitate
the detection and treatment of bed bugs, including reducing unreasonable
amounts of clutter that create hiding places for pests and deter treatment.
Any person affected by any notice which has been issued in connection
with the enforcement of this chapter may request and shall receive
a hearing on the matter before the Zoning Board of Appeals, provided
that such person shall file in the office of the Zoning Board of Appeals
a written petition requesting such hearing and setting forth a brief
statement of the grounds therefor within five days after the day the
notice was served.
A.
Hearing, notification and conduct of hearing.
(1)
Upon receipt of such petition, the Zoning Board of Appeals shall
set a time and place for such hearing and shall give the petitioner
written notice thereof.
(2)
At such hearing, the petitioner shall be given an opportunity to
be heard and to show why such notice should be modified or withdrawn.
(3)
The hearing shall be commenced not later than 10 days after the day
on which the petition was filed, provided that upon application of
the petitioner, the Zoning Board of Appeals may postpone the date
of the hearing for a reasonable time beyond such ten-day period, if
in its judgment the petitioner has submitted a good and sufficient
reason for such postponement.
B.
Determination after hearing.
(1)
After such hearing, the Zoning Board of Appeals shall sustain, modify,
or withdraw the notice, depending on his or her finding as to whether
the provisions of this chapter and the rules and regulations adopted
thereto have been complied with.
(2)
If the Zoning Board of Appeals sustains or modifies such notice,
it shall be deemed to be an order. Any notice served pursuant to the
chapter shall automatically become an order if a written petition
for a hearing is not filed in the office of the Zoning Board of Appeals
within five days after such notice is served.
(3)
After a hearing in the case of any notice suspending any permit required
by this chapter or by any rule or regulation pursuant thereto, when
such notice has been sustained by the Zoning Board of Appeals, the
permit shall be deemed to have been revoked. Any such permit which
has been suspended by a notice shall be deemed to be automatically
revoked if a petition for hearing is not filed in the office of the
Zoning Board of Appeals within five days after such notice is served.
C.
Proceedings to be summarized and entered as public record. The proceedings
at such hearing, including the findings and decision of the Code Enforcement
Officer, shall be summarized, reduced to writing and entered as a
matter of public record in the office of the Town Clerk. Such record
shall also include a copy of every notice or order issued in connection
with the matter. Any person aggrieved by the decision of the Zoning
Board of Appeals may seek relief therefrom as provided in state and/or
local law.
D.
Emergencies; action thereon.
(1)
Whenever the Code Enforcement Officer finds that an emergency exists
which requires immediate action to protect the public health and/or
safety, he or she may, without notice or hearing, issue an order reciting
the existence of such an emergency and requiring that such action
be taken as he or she deems necessary to meet the emergency. Notwithstanding
the other provisions of this chapter, such order shall be effective
immediately.
(2)
Any person to whom such order is directed shall comply therewith
immediately, but upon petition to the Zoning Board of Appeals shall
be afforded a hearing as soon as possible. After such hearing, depending
upon his or her finding as to whether the provisions of this chapter
and of the rules and regulations adopted pursuant thereto have been
complied with, the Zoning Board of Appeals shall continue such order
in effect, or modify it, or revoke it.
E.
The above
shall not preclude any person affected from utilizing the appeals
process maintained by the New York State Department of State for a
variance from the Uniform Code, nor due process in a court of record
having jurisdiction over complaints filed with that court.
A.
Any person who shall violate any provision of this chapter shall be subject to the applicable penalties under Chapter 300, Zoning, of the Town Code and shall be liable to a civil penalty of $50 for each day or part thereof during which such violation shall be continued.
B.
No person engaged in any activity to which this chapter applies shall
retaliate or discriminate against any person because such person has
filed a complaint, testified or assisted in any proceeding under this
chapter.
C.
Any person who as a landlord has been found guilty of any of the prohibited acts found in § 236-14 shall offer the next comparable available rental unit to the person upon whose complaint such conviction was made. Any such landlord who shall fail to offer such rental unit as required herein shall be subject to the applicable penalties under Chapter 300, Zoning, of the Town Code and a civil penalty of $250.
E.
Any violation notice and order to remedy issued in regard to enforcement
of any provision of this chapter shall be served personally or by
first class mail. If a mailed notice or order is returned as undeliverable,
a true copy of said notice or order shall be posted in a prominent
location on the premises.
The fees generated from the licenses, along with penalties assessed
under this chapter, shall be deposited into the general fund of the
Town and used for purposes of code enforcement.
No person, or agent acting on behalf of another, shall:
A.
Refuse to sell, lease, rent or otherwise deny or withhold any housing
accommodation constructed or to be constructed in the Town of Lyons
to any person or refuse to negotiate for the sale, lease or rental
of any housing accommodation to any person by reason of the race,
color, religion, sex, handicap, familial status or national origin
of the person or represent that any housing accommodation is not available.
B.
Discriminate against any person because of his or her race, color,
religion, sex, handicap, familial status or national origin in the
terms, conditions or privileges of the sale, rental or lease of any
housing accommodation constructed or to be constructed.
C.
Print or circulate or cause to be printed or circulated any statement,
advertisement or publications, or use any form or application for
the purchase, rental or lease of any housing accommodations, or make
any record of inquiry in connection with the prospective purchase,
rental or lease of any housing accommodation which expresses, directly
or indirectly, any limitation, specification or discrimination as
to race, color, religion, sex, handicap, familial status or national
origin, or any intent to make any such limitation, specification or
discrimination.
D.
Violate any other applicable provision of the Fair Housing Act.
This chapter shall be administered and enforced by the Town
of Lyons Code Enforcement Officer.
No residential or mixed residential-commercial building or other
structure, nor any story, tenant space, dwelling unit, rooming unit
or other portion of any such facility which has been vacant for a
period exceeding one year shall be used or occupied until a certificate
of occupancy has been issued. This section shall not apply to one-family
dwellings, except those which have been vacant for a period exceeding
three years.
A.
Condemnation for failure to obtain an operating permit or certificate
of occupancy prior to occupancy.
(1)
The Code Enforcement Officer may condemn for occupancy any building
or portion thereof when an operating permit or certificate of occupancy
has not been obtained 30 calendar days after notification by the Code
Enforcement Officer.
(2)
The building or portion thereof shall remain vacant until such time
that the Code Enforcement Officer has issued an operating permit or
certificate of occupancy as required.
(3)
The condemnation will be lifted after an operating permit or certificate
of occupancy has been issued for the building or any portion thereof
that was previously condemned.
B.
Condemnation for conditions.
(1)
When the Code Enforcement Officer shall find any building or portion
thereof to be in an extreme unsanitary or unsafe condition or any
condition that constitutes an immediate and serious fire hazard and
thus endangers the lives of any persons, whether as owners or occupants,
the Code Enforcement Officer shall condemn for occupancy under the
provisions of state and/or local codes.
(2)
Such notice shall clearly state the conditions causing the unsafe
conditions thereof and shall order the immediate vacation of the building
or portions thereof.
(3)
The building shall be placarded and the building or portion thereof
shall remain vacated until a certificate of occupancy has been issued
for the condemned portion(s) by the Code Enforcement Officer.
C.
It shall be the duty of any law enforcement officer having jurisdiction
to cause removal of any person from such building or portion thereof
so condemned, and to prevent any person from entering same.
D.
Every dwelling unit or premises condemned for occupancy due to the
condition of such dwelling unit or premises must be issued a valid
certificate of occupancy prior to reoccupancy.
E.
Notwithstanding any provision of this chapter to the contrary, no
certificate of occupancy shall be reissued for a dwelling unit or
premises which has been condemned for occupancy by the Code Enforcement
Officer unless such dwelling or premises are in substantial compliance
with the exterior provisions of the International Property Maintenance
Code and in full compliance with the interior provisions of the International
Property Maintenance Code.