This chapter shall be known as the "Property Maintenance Code of the City of Amsterdam" and is referred to in this chapter in short form as "this chapter."
The purpose of this chapter is to protect the public health, safety and welfare by establishing minimum standards for the maintenance of premises; to fix responsibilities and duties upon owners, operators and occupants; to authorize and establish procedures for the inspection of such premises; to fix penalties for the violations of this chapter; and to provide for the right of access to permit repairs when necessary. This chapter is hereby declared to be remedial and essential for the public interest, and it is intended that this chapter be liberally construed to effectuate the purpose as stated herein.
A. 
Words used in the present tense include the future tense, words in the singular number include the plural, and the plural the singular.
B. 
The following terms, where used herein, shall have the following meanings, unless a different meaning clearly appears from the context:
ACCESS DRIVE
A paved area between the public right-of-way and a parking area.
APPROVED CONTAINER
A durable leakproof container with a cover, no larger than 35 gallons, except that a properly screened commercial container can be used with private garbage collection.
BUILDING EQUIPMENT
Plumbing, heating, electrical, ventilating, air conditioning, refrigerating, fire protection, radiation production equipment, elevators, dumbwaiters, escalators and other mechanical additions, installations or systems used for or within a building.
BUILDING LINE
Any line so designated and established or hereafter established by the Common Council.
CITY
The City of Amsterdam.
CORNER LOT
Any lot that abuts two or more intersecting streets.
DUMPSTER
A portable trash receptacle designed to be left for refuse collection at a site and to be picked up for emptying by a transporter truck when full.
ELECTRIC FENCE
Any apparatus consisting of one or more bare connectors or wires to transmit intermittently normally low-voltage potential from a conductor or conductors to a ground operated either by battery or through a transformer converter.
ENCROACHMENT
Any sign, show or display case, window box, canopy, marquee, awning wire, cellar entrance, coal hole, oil vent or intake, sprinkler shutoff, sidewalk vault, sidewalk elevator, hoistway, opening or any other device which shall extend under, on or over the public street or sidewalk, but shall not include any wire, pole, cable, pipe or other device erected or constructed in connection with the system of any public utility company operating under a franchise from the City of Amsterdam or in connection with the municipal water or sewer system.
ENCUMBRANCE
Any obstruction or hindrance, such as but not limited to the following: boxes, cases, articles, sign, pole, stepping block, bootblack stand or bicycle rack.
ENFORCEMENT OFFICER
Police Chief, Fire Chief, City Engineer, Code Enforcement Officer, Health Officer and any of their duly authorized agents.
JUNK AND DEBRIS
Motorized vehicle parts, broken tools, broken toys, tires, paint cans, construction waste, appliances, mattresses, broken or unusable furniture, interior furniture or other household refuse.
MIXED OCCUPANCY
Occupancy of a building in part for one use and in part for some other use not accessory to the first use.
MOTOR VEHICLE
All vehicles propelled or drawn by power other than muscular power originally intended for use on public highways.
NONRESIDENTIAL BUILDING
A building entirely used for purposes other than dwelling or living purposes.
NUISANCE
(1) 
Any common law nuisance or as provided by the laws of the State of New York or the ordinances of the City of Amsterdam.
(2) 
Any nuisance which may prove detrimental to the health or safety of the inhabitants of the City of Amsterdam, whether in a building or upon a lot. This includes, but is not limited to, any structurally unsound fences or structures, stored materials, stored products, fabrics, leather, textiles or other similar materials, lumber, trash, fences, debris or vegetation which may prove a hazard.
(3) 
Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the condition exists.
(4) 
Unsanitary conditions or anything unreasonably offensive to the senses or dangerous to health in violation of this chapter.
(5) 
Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.
(6) 
Fire hazards.
OCCUPANCY
Use of a building, structure or premises.
OCCUPANT
Any person having actual possession of the premises or any part thereof.
OPERATOR
Any person who has charge, care or control of the premises or any part thereof, with or without the consent of the owner.
OWNER
Any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof; or shall have charge, care or control of any premises as owner or agent of the owner, or as fiduciary, including but not limited to executor, executrix, administrator, administratrix, trustee, receiver or guardian of the estate, or as a mortgagee in possession, regardless of how such possession was obtained. Any person who is a lessee subletting or reassigning any part or all of any premises shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by said lessee.
OWNER-OCCUPIED PREMISES
Any premises on which the owner actually dwells.
PERSON
One or more natural persons, partnerships, associations, societies, corporations or joint-stock companies.
PREMISES
A lot, plot or parcel of land, including the buildings or structures thereon.
PROPERTY CLASSIFICATION
Classification by occupancy and use groups as defined and used in the New York State Building Construction Code[1] as adopted by the City of Amsterdam.
RESIDENTIAL BUILDING
Building entirely used for dwelling or living purposes.
SIDEWALK
Any paved or maintained surface used for public pedestrian use.
SNOWPLOW
Any vehicle in excess of 1,000 pounds gross weight, driven by mechanical power and used to plow or blow snow for a charge or fee.
STORAGE
Any keeping or accumulation of materials or goods for a period in excess of 24 hours.
STREET
Any paved or maintained surface used for public access, including but not limited to streets, avenues, lanes, alleys, easements or rights-of-way.
YARD, FRONT
An open, unoccupied space on the same lot with the building between the front line of the building and the street or highway line and extending the full width of the lot.
YARD, REAR
An open, unoccupied space, except for accessory buildings, on the same lot with the building between the rear line of the building and the rear lot line and extending the full width of the lot.
YARD, SIDE
An open, unoccupied space on the same lot with the building situated between the building and the side lot line and extending from the front yard to the rear yard.
[1]
Editor's Note: See Ch. 90, Building Construction Code.
A. 
All premises and any building or structure situated thereon in the City of Amsterdam used or intended to be used for any occupancy shall comply with the provisions of this chapter, whether or not such building or structure shall have been constructed, altered or repaired before or after the enactment of this chapter. This chapter establishes minimum standards for the initial and continued occupancy and use of all such buildings or structures and does not replace or modify standards otherwise established for the construction, repair, alteration or use of such buildings, structures or premises contained therein. Where there is mixed occupancy on the same premises, all uses shall be nevertheless regulated by and subject to the provisions of this chapter.
B. 
In any case where the provisions of this chapter impose a higher standard than is set forth in any other ordinance of the City of Amsterdam or under the laws of the State of New York, then the standards as set forth herein shall prevail, but if the provisions of this chapter impose a lower standard than any other ordinance of the City of Amsterdam or the laws of the State of New York, then the higher standard contained in any other such ordinance or law shall prevail.
Owners and operators shall have all the duties and responsibilities prescribed in this chapter, and no owner or operator shall be relieved from any such duty and responsibility nor be entitled to defend against any charge or violation thereof by reason of the fact that the occupant is also responsible therefor and in violation thereof.
A. 
Premises shall be maintained in a clean, safe and sanitary condition.
B. 
Exits shall be kept free and clear.
C. 
No animals shall be kept in an unoccupied dwelling. Proper care of said animals is the responsibility of the owner.
D. 
Exterior stairs, porches, entrance platforms, fire escapes and the railings thereon shall be maintained in a safe and sound condition.
E. 
Exterior surfaces shall be maintained in good condition. Surfaces not inherently resistant to deterioration shall be treated with a protective coating of paint or other suitable preservative (no bare wood or plywood).
F. 
Fences, walls and other minor constructions shall be maintained in a safe, good and substantial condition.
G. 
Steps, walks, driveways, parking spaces and similar paved areas shall be maintained to afford safe and convenient passage.
H. 
Yards, courts and vacant lots shall be kept clean and free of hazards.
I. 
Heavy undergrowth and accumulations of plant growth which are noxious, unsightly or detrimental to health and safety shall be eliminated.
J. 
Clotheslines and similar devices are to be confined to the sides of the premises not facing the street.
K. 
The property owner or occupant must maintain the terrace abutting the property in a manner free of hazards, junk and debris.
Occupants shall have all duties and responsibilities where specifically prescribed in this chapter or where the violation is clearly the fault of the occupant. The occupant shall not be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or operator is also responsible therefor and in violation thereof.
A. 
Premises shall be maintained in a clean, safe and sanitary condition.
B. 
Exits shall be free and clear.
C. 
Garbage, refuse and/or junk shall be stored in provided facilities in a sanitary manner and the premises, both interior and exterior, kept free and clear therefrom.
D. 
Domestic animals and pets shall be kept in an appropriate manner and under control.
E. 
Upon moving, occupants are to remove all domestic animals and pets or provide for their relocation and care.
F. 
Clotheslines and similar devices are to be confined to the sides of the property not facing any street.
G. 
Occupants shall follow the Department of Public Works trash/refuse policies and procedures either as posted in the dwelling unit or as provided to them by the landlord.