Town of Lyons, NY Rental Housing

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.

Each dwelling unit shall have an oven, and a stove or range, and a refrigerator of appropriate size for the number of occupants.

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.

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.

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.

Food preparation and refuse disposal.

Each dwelling unit shall have suitable space and equipment to store, prepare, and serve foods in a sanitary manner.

There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary.

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.

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.

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.

Space and security.

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.

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.

Doors leading to the outside and common hallways, fire escapes, and porches or otherwise accessible from the ground must have locks.

Except for vehicular access, door openings in enclosed attached garages must have locks.

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.

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.

Mechanical systems and cooking equipment.

Forced warm air and gravity furnaces.

Filters shall be changed at least yearly.

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.

Room registers that have an open/close damper shall operate properly or be locked in the open position.

Hot water and steam boilers. All hot water and steam boilers shall comply with the following:

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.

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.

Hot water heaters. All water heaters shall comply with the following:

A shut-off valve shall be provided on the cold water line.

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.

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.

The water heater shall be adequate in size to serve the number of occupants.

The water heater shall be free of leaks.

Electric baseboard heating.

All electric baseboard heaters shall have a cover and be in good working condition.

Electrical receptacles shall not be installed or maintained above electric baseboard heaters.

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.

Cooking equipment.

All burners on cooking equipment shall work, and all knobs must be present for burners and oven.

Electric ranges shall have an approvable 220-volt receptacle properly secured to the wall.

Plumbing.

The dwelling shall be free of leaks in supply lines.

Sewer and waste lines shall be sound and free of leaks or backups. Waste lines at sinks and tubs shall drain freely.

Faucets, hose bibs and toilets shall be free of leaks and drips.

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.

Water shall not be permitted to run continuously in toilets.

Illumination and electricity.

Each room shall have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of occupants.

Exterior artificial lighting shall be maintained in operating condition.

Sufficient electrical sources shall be provided to permit use of essential electrical appliances while assuring safety from fire.

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.

Receptacles of the three-prong type shall be grounded or shall be marked "No Equipment Ground."

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:

A switch or receptacle faceplate feels unusually warm or there is a burning odor in the immediate vicinity.

There is a flickering of lights which is not traceable to appliances or obvious external causes.

Any abnormal heating or sparking of any wiring system.

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.

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.

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.

Garages and outbuildings shall be structurally sound, shall have no broken windows, and be free of accumulated rubbish.

The exterior of dwellings shall be maintained comparable in condition to the dwellings in the surrounding neighborhood.

Interior air quality.

The dwelling shall be free from dangerous levels of air pollution from carbon monoxide, sewer gas, fuel gas, dust, and other harmful pollutants.

There shall be adequate air circulation in the dwelling unit.

Water supply. Dwellings must be served by an approved public or private water supply that is sanitary and free from contamination.

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.

Infestations.

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.

Standing water in buckets, aquatic vessels, tires, etc., shall be eliminated to control the breeding of mosquitoes.

Control of bedbugs.

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.

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.

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.

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.

Fire and life safety.

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.

If the rental unit is occupied by hearing-impaired persons, each required smoke alarm shall be designed for hearing-impaired persons.

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.

Exception 1: where a fire sprinkler system is installed in conformity with NFPA 13, NFPA 13R, or NFPA 13D, as applicable.

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).

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.

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.

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:

Install and maintain an approved, automatic, laboratory-tested fire-extinguishing device designed to suppress fires in all vent hoods located above cooking appliances; or

Install and maintain other automatic, laboratory-tested stovetop fire prevention or mitigation technology for all stovetops in the dwelling.

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.

Paint and paint hazards.

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.

Where applicable, stabilization shall follow lead-safe work practices as stipulated by HUD and/or EPA.

Before ratification of a contract for a housing sale or lease, sellers and landlords must:

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).

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.

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).

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.

Sellers and landlords shall retain a copy of the disclosures for no less than three years from the date the leasing period begins.

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.

Housekeeping.

Cooking surfaces and equipment shall be kept free of grease.

Occupied buildings and structures shall be kept in broom swept condition at all times.

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.

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.

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.

§ 236-4 Designation of agent; posting of notice.

Any owner of a residential rental unit in the Town of Lyons shall file with the Code Enforcement Officer:

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.

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.

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.

§ 236-5 Landlord license required; application; denial, suspension or revocation.

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).

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.

The landlord license application shall require the owner to give the following information:

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.

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.

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.

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.

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.

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.

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.

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.

Denial of application.

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:

The owner has failed to provide all the information required for the landlord license application.

The owner has failed to pay the required fee pursuant to local law.

The owner has obtained the landlord license or an operating permit through fraud, collusion or illegality.

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.

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.

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.

Revocation or suspension of license.

The Code Enforcement Officer may revoke or suspend a landlord license if he/she determines that:

Any of the events or conditions listed in Subsection C have occurred.

The landlord has failed to pay any outstanding penalties or fees that have been outstanding for 90 days.

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.

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.

A landlord license may be suspended for a maximum period of 90 days, and shall be reinstated at the end of the suspension period.

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.

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.

§ 236-6 Registration of rental housing units.

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.

§ 236-7 Insurance.

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.

§ 236-8 Transfer of ownership or control.

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.

All delinquent fees shall be paid by the owner prior to any transfer of control or an ownership interest in any rental unit.

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.

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.

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.

§ 236-9 Owner access for repairs; tenant cooperation in maintenance.

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.

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.

§ 236-10 Right to hearing; petition.

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.

Hearing, notification and conduct of hearing.

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.

At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.

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.

Determination after hearing.

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.

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.

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.

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.

Emergencies; action thereon.

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.

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.

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.

§ 236-11 Penalties for offenses.

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.

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.

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.

Any person who shall falsely charge another with any of the prohibited acts as defined in § 236-14, knowing such charge to be false, shall be subject to the applicable penalties under Chapter 300, Zoning, of the Town Code and a civil penalty of $250.

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.

§ 236-12 Disposition of fees and penalties.

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.

§ 236-13 Inspections and operating permits.

Rental units shall be subject to operating permits and/or periodic inspections as required by Chapter 120, Building Code Administration and Enforcement, and/or Chapter 300, Zoning, of the Town Code.

§ 236-14 Fair housing.

No person, or agent acting on behalf of another, shall:

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.

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.

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.

Violate any other applicable provision of the Fair Housing Act.

§ 236-15 Enforcement.

This chapter shall be administered and enforced by the Town of Lyons Code Enforcement Officer.

§ 236-16 Certificates of occupancy.

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.

§ 236-17 Condemnation for occupancy or conditions.

Condemnation for failure to obtain an operating permit or certificate of occupancy prior to occupancy.

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.

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.

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.

Condemnation for conditions.

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.

Such notice shall clearly state the conditions causing the unsafe conditions thereof and shall order the immediate vacation of the building or portions thereof.