This chapter shall be known as the "Housing Standards of the
Village of Newark."
It is hereby found and declared that there exists in the Village
of Newark structures used for human habitation which are, or may become
in the future, substandard with respect to structure, equipment or
maintenance and that such conditions, together with inadequate provisions
for light and air, insufficient protection against fire hazards, lack
of proper heating, unsanitary conditions and overcrowding, constitute
a menace to the health, safety, welfare and reasonable comfort of
its citizens. The establishment and maintenance of minimum housing
and property standards is essential to the prevention of blight and
decay and the safeguarding of public health, safety, morals and welfare.
The purpose of this chapter is to protect the public health,
safety and welfare in buildings and on the premises as hereinafter
provided by:
A.
Establishing minimum standards for basic equipment and facilities
for light, ventilation, space heating and sanitation; for safety from
fire, for space, use and location; and for safe and sanitary maintenance;
for cooking equipment in all structures now in existence;
B.
Assigning the responsibility of owners, operators and occupants of
all structures;
C.
Providing for administration, enforcement and penalties.
A.
The provisions of this chapter and the New York State Uniform Fire
Prevention and Building Code shall apply to all structures and premises
which are now or may become in the future substandard with respect
to: structure, premises, protection against fire hazard, equipment
or maintenance, inadequate provisions for light and air, lack of proper
heating, unsanitary conditions, overcrowding or other conditions which
may be deemed to constitute a menace to the safety, health or welfare
of their occupants. The existence of such conditions, factors or characteristics
adversely affects public safety, health and welfare and leads to the
continuation, extension and aggravation of urban blight. Adequate
protection of the public, therefore, requires the establishment and
enforcement of these minimum standards.
B.
Structures or premises that are subject to annual inspections by
governmental agencies, their agents or subcontractors, more stringent
than the requirements of this chapter, as determined by the Code Enforcement
Officer, shall be exempt from inspection by the Village of Newark
under this chapter.
This chapter shall not affect violations of any other local
law, code or regulation of the Village of Newark existing prior to
the effective date of this chapter, and such violation shall be governed
and shall continue to be punishable to the full extent of the law
under the provisions of those local laws, codes or regulations in
effect at the time the violation was committed.
All departments, officials and employees of the Village of Newark
who have the duty or the authority to issue permits or licenses in
regard to the construction, installation, repair, use or occupancy
of dwellings, dwelling units, rooming houses or rooming units, equipment
or facilities shall conform to the provisions of this chapter, and
no such permit or license shall be issued if such would be in conflict
with this chapter.
This chapter establishes minimum requirements for the initial
and continued occupancy of all buildings and structures and does not
replace or modify requirements otherwise established for the construction,
repair, alteration or use of buildings, equipment or facilities, except
as provided in this section.
Nothing in this chapter shall be deemed to abolish or impair
existing remedies of the municipality or its officers or agencies
relating to the removal or demolition of any buildings which are deemed
to be dangerous, unsafe or unsanitary.
In any case where a provision of this chapter is found to be
in conflict with a provision of any zoning, building, electrical,
plumbing, fire safety or health law or any regulation adopted pursuant
thereto or any other law, code or regulation of the Village of Newark,
New York, the provision that establishes the highest (most restrictive)
standard shall prevail. For any definition not listed in this chapter,
the definition used in the New York State Uniform Fire Prevention
and Building Code shall apply.
A.
Any alterations to buildings or changes of use therein which may
be caused directly or indirectly by the enforcement of this chapter
shall be done in accordance with applicable sections of the building,
plumbing and electrical code and multiple dwelling code used by the
municipality.
