It is the intent of this Part 5 to enforce regulations within this Part 5 and adopt the International Property Maintenance Code of the State of New York (N.Y.S. 19 NYCRR Part 1226), hereinafter referred to as "IPMC" and as may be amended and comply with the rules promulgated pursuant to Article 18 of the Executive Law of the State of New York. This Part 5 of the Town of Riverhead Code, hereinafter referred to as the "Property Maintenance Code," shall prescribe further enforcement measures recognizing: the more serious life safety requirements and standards for premises, structures, equipment, facilities for light, ventilation, space, heating, sanitation, protection from the elements; a reasonable level of safety from fire and other hazards; and for a reasonable level of sanitary maintenance.
A. 
Affirmative incorporation. This section shall incorporate the standards found in the Property Maintenance Code of New York State (also referred to as the "Uniform Code"), which shall be referred to in this Part 5 as the "Property Maintenance Code." The text of the Property Maintenance Code is found in Title 19 of the New York Codes, Rules and Regulations ("19 NYCRR"), Part 1226 thereof, and in publications incorporated by reference therein, including the 2020 edition of the International Property Maintenance Code ("2020 IPMC"), and any subsequent publication adopted and incorporated by the New York State Code Council.
B. 
Violations of the Uniform Code. Any act, resulting in a violation of the provisions of the Uniform Code, as promulgated pursuant to Article 18 of the Executive Law of the State of New York, shall be deemed a violation of this section and subject to any orders, requirements and penalties pursuant to this Part 5.
This Part 5 shall apply to all existing residential and nonresidential structures and all existing premises and shall constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and a reasonable level of sanitary maintenance; the responsibility of owners, an owner's authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.
A. 
Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this Part 5.
B. 
Terms defined in other codes. Where terms are not defined in this Part 5 and are defined in the Property Maintenance Code of New York State, such terms shall have the meanings ascribed to them as stated therein.
C. 
Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.
D. 
Parts. Whenever the words "dwelling unit," "dwelling," "premises," "building," "structure," or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof."
E. 
The following terms, used throughout this Part 5, shall be defined as follows:
BEDROOM
Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.
BUILDING
Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING SAFETY INSPECTOR (BSI)
The official who is charged with the administration and enforcement of this article, and such person(s) successfully completed the training courses 9A16, 9B16 and 9C16 with the New York State Department of State, Division of Code Enforcement, and is currently certified a Building Safety Inspector.
CODE ENFORCEMENT OFFICIAL (CEO)
The official who is charged with the administration and enforcement of this article, or any duly authorized representative of such person, including but not limited to the Building Inspector, Chief Building Inspector, Principal Building Inspector, Senior Building Inspector, Building Permits Coordinator, Zoning Inspector, Electrical Inspector, Plumbing Inspector, Fire Marshal, Fire Marshal I, Fire Marshal II, Chief Fire Marshal, Town Investigator, Senior Town Investigator, Ordinance Enforcement Officer, Ordinance Inspector, Code Enforcement Officer or Spanish-Speaking Code Enforcement Officer of the Town of Riverhead and such person(s) successfully completed the training courses 9A16, 9B16, 9C16, 9D16, 9E16 and 9F16 with the New York State Department of State, Division of Code Enforcement, and is currently certified as a New York State Code Enforcement Official.
CONDEMN
To adjudge unfit for occupancy.
DWELLING UNIT
A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
IMMINENT DANGER
(1) 
The Code Enforcement Official (CEO) or Building Safety Inspector (BSI) is authorized to order and require the occupants to vacate premises when there exists:
(a) 
Imminent danger of failure or collapse of a building or structure which endangers life;
(b) 
A structure in which any part of the structure has fallen and life is endangered by the occupation of the structure; or
(c) 
An actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials; or
(d) 
Operation of defective or dangerous equipment.
(2) 
The Code Enforcement Official (CEO) or Building Safety Inspector (BSI) shall require the posting, at each entrance to such structure, a notice reading as follows: "This Structure is Unsafe and its Occupancy Has Been Prohibited by the Code Enforcement Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition, or of demolishing the same.
OCCUPANCY
The purpose for which a building or portion thereof is utilized or occupied.
OPERATOR
Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
OWNER
Any person, agent, operator, firm or corporation having legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
PERSON
An individual, corporation, partnership or any other group acting as a unit.
STRUCTURE
That which is built or constructed or a portion thereof.
STRUCTURE UNFIT FOR HUMAN OCCUPANCY
A structure is unfit for human occupancy whenever such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by the International Property Maintenance (IPMC) of New York State, or because the location of the structure constitutes a hazard to the occupants of the structure and/or to the public.
TENANT
A person, corporation, partnership or group whether or not the legal owner of record, occupying a building or portion thereof as a unit.
UNLAWFUL STRUCTURE
An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under the International Property Maintenance (IPMC) of New York State, or was erected, altered or occupied contrary to law.
UNSAFE EQUIPMENT
Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure that is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public and/or occupants of the premises or structure.
UNSAFE STRUCTURE
An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
WORKMANLIKE
Executed in a skilled manner using proper materials; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.
This Part 5 shall be enforced by any Code Enforcement Official(s) (CEO) or Building Safety Inspector (BSI) certified by New York State and employed by the Town of Riverhead.
Inspections permitted. A fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may be performed by the Code Enforcement Official (CEO) or Building Safety Inspector (BSI) or an inspector designated by the Code Enforcement Official at any time upon:
A. 
The request of the owner or operator of the property to be inspected or an authorized agent of such owner;
B. 
Receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or
C. 
Receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
Whenever any Code Enforcement Official (CEO) or Building Safety Inspector (BSI) shall find in any building, structure or upon any premises an unsafe structure, unsafe equipment, structure unfit for human occupancy, unlawful structure or imminent danger as specifically defined in this Part 5, the CEO or BSI shall order such dangerous conditions or materials to be removed or remedied immediately in such manner as prescribed herein. The CEO or BSI shall provide notice and placard the structure, premises, equipment or facilities in the manner set forth in the International Property Maintenance Code of New York State.
A. 
Notice of violation(s) for violations of this Part 5 may be served in accordance with Part 1203 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York, more specifically Section 1203.5(g)(1); and
B. 
Appearance tickets. In addition to and pursuant to Part 1203 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York, more specifically Section 1203.5(g)(2), any violation of the provisions set forth specifically in § 217-49 of this Part 5 shall be deemed a violation of this section and subject to the penalties set forth in § 217-55 of this Part 5.
Whenever the enforcing officer determines there is or has been a violation of this Part 5, or has reasonable grounds to believe there is or has been a violation of this Part 5, he shall give notice of violation to the owner of the subject premises. Such notice may be in the form of an appearance ticket. Any efforts to remedy violations shall be in a workmanlike manner as defined in this Part 5.
The notice of violation shall be in writing and shall specify the violation alleged to have been committed and the name of each person to whom addressed. It may specify the steps to be taken to effect compliance and may set a reasonable time, not less than 10 nor more than 30 days after issuance, for the person given such notice to effect compliance. The appearance ticket shall specify a date, time and place for the person given notice to appear before the Town Justice Court of the Town of Riverhead or any other court of competent jurisdiction to be formally charged with the violation set forth in the notice and to be arraigned thereon. In the event that the notice contains a statement of a reasonable time for compliance, any date set for appearance in court shall be subsequent to the final date for compliance.
The demolition of a building in accordance with law shall be deemed compliance.
In any case where a time for compliance has been fixed, the person or body fixing such time may extend the time for compliance upon a determination that there is evidence of complying within the time as extended.
The Town of Riverhead hereby sets penalties for offences of violations of this Part 5, in accordance with Part 1203 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York, more specifically Section 1203.5(g)(7).
A. 
Penalties.
(1) 
Any person, owner, or operator whom, or association, firm or corporation which is found to have violated any of the provisions of this Part 5 or assists in such violations shall be guilty of a violation, punishable as follows:
(a) 
For a first offense, a fine not less than $750, nor more than $1,500 or by imprisonment for a term not to exceed 15 days, or by both such fine and imprisonment;
(b) 
For a second offense, a fine not less than $1,500, nor more than $3,000 or by imprisonment for a term not to exceed 15 days, or by both such fine and imprisonment;
(c) 
For a third and any subsequent offense, a fine not less than $5,000, nor more than $10,000 or by imprisonment for a term not to exceed 15 days, or by both such fine and imprisonment.
(2) 
Each week, or part thereof, such violation continues following notification by the Town or service of a notice of violation, summons, or appearance ticket/s shall constitute a separate offense, punishable in like manner, except where the responsible party shall prove that the subject premises was vacated and unoccupied subsequent to the initial notification of violation until such time as the Code Enforcement Official or Building Safety Inspector determines that the condition/s underlying the violation is/are corrected or otherwise abated.
B. 
Civil proceedings and penalties. In addition to the criminal penalties set forth herein, the Town Attorney is authorized to pursue any and all actions in law or equity, including but not limited to actions to enjoin and restrain by injunction the person or persons conducting or permitting any violation of this article or any violations of the International Property Maintenance (IPMC) of the State of New York for further conducting or permitting said violation, for compensatory damages, civil penalties, to compel compliance, and any other remedies which the Town Attorney may deem necessary and proper.
(1) 
Any person found to have violated any of the provisions of this Part 5 shall be subject to a civil penalty.
(2) 
Each day of a continuing violation shall be subject to a separate civil penalty. The civil penalty for a violation of this Part 5 shall be as follows: $350 for the first day of violation or any part thereof; $500 for the second day of violation or any part thereof; and $1,000 for the third day of violation or any part thereof; and for all subsequent days of violation, up to and including the 15th day, said civil penalties for any given fifteen-day period may not exceed $15,000. Civil penalties may be recovered in any action or proceeding brought by the Town Attorney in any court of competent jurisdiction or before a duly appointed hearing officer whenever permitted by law for a violation of this Part 5.
(3) 
Each fifteen-day period shall be the subject of a separate cause of action and shall be subject to additional civil penalties not to exceed $15,000 in each and every fifteen-day period.
(4) 
All civil penalties shall be mandatory penalties and must be imposed upon a judgment in favor of the Town. If said penalty is not paid to the Town of Riverhead within 10 days of a judgment, a civil judgment shall be entered against the property, and the owner of the property, and said judgment may be collectible by a tax assessment against the property on which said violation occurred.
(5) 
Any civil penalty imposed shall be in addition to any fine and/or imprisonment imposed as a result of a criminal prosecution provided for in the Riverhead Town Code or any state or local law. There is no requirement of notice prior to the commencement of a civil action.
(6) 
Strict liability. Personal knowledge of the existence of a violation is not required, no mens rea (intent) is required, and any violation charged herein shall be one of strict liability.
(7) 
Continued violation. There shall be a presumption that a violation continues from the day the Town establishes that said violation existed until the violation's existence is rebutted, but in any case no longer than 15 days for each civil action filed.
No remedy or penalty specified in this article shall be the exclusive remedy or remedy available to address any violation described in this Part 5, and each remedy or penalty specified in this article shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this Part 5 or in any other applicable law. Any remedy or penalty specified in this article may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty. In particular, but not by way of limitation, each remedy and penalty specified in this article shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision 2 of § 382 of New York State Executive Law, and any remedy or penalty specified in this article may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision 2 of § 382 of the Executive Law.