[HISTORY: Adopted by the Board of Trustees of the Village of Ellenville
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-12-2007 by L.L. No. 2-2007[1]]
[1]
Editor's Note: This local law also repealed former Art. I, Administration
and Enforcement of Uniform Fire Prevention and Building Code, adopted 9-8-1986
by L.L. No. 1-1986, as amended.
This article provides for the administration and enforcement of the
New York State Uniform Fire Prevention and Building Code (the Uniform Code)
and the State Energy Conservation Construction Code (the Energy Code) in this
Village. This article is adopted pursuant to § 10 of the Municipal
Home Rule Law. Except as otherwise provided in the Uniform Code, other state
law, or other section of this article, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions of this article.
As used in this article, the following terms shall have the meanings
indicated:
A permit issued pursuant to § 70-2.1 of this article. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this article.
A certificate issued pursuant to § 70-4B of this article.
The Village of Ellenville.
The Code Enforcement Officer appointed pursuant to § 70-2B of this article.
The Code Enforcement Officer and all inspectors.
An order issued by the Code Enforcement Officer pursuant to § 70-8A of this article.
The State Energy Conservation Construction Code, as currently in
effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 70-2D of this article.
A permit issued pursuant to § 70-5.1 of this article. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this article.
The person to whom a building permit has been issued.
An individual, corporation, limited liability company, partnership,
limited partnership, business trust, estate, trust, association, or any other
legal or commercial entity of any kind or description.
An order issued pursuant to § 70-3.1 of this article.
A certificate issued pursuant to § 70-4D of this article.
The New York State Uniform Fire Prevention and Building Code, as
currently in effect and as hereafter amended from time to time.
A.
The Code Enforcement Officer shall administer and enforce
all the provisions of the Uniform Code, the Energy Code and this article.
The Code Enforcement Officer shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications
for building permits, certificates of occupancy, temporary certificates and
operating permits, and the plans, specifications and construction documents
submitted with such applications;
(2)
Upon approval of such applications, to issue building
permits, certificates of occupancy, temporary certificates and operating permits,
and to include in building permits, certificates of occupancy, temporary certificates
and operating permits such terms and conditions as the Code Enforcement Officer
may determine to be appropriate;
(3)
To conduct construction inspections, inspections to be
made prior to the issuance of certificates of occupancy, temporary certificates
and operating permits, firesafety and property maintenance inspections, inspections
incidental to the investigation of complaints, and all other inspections required
or permitted under any provision of this article;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Board of Trustees of this
Village;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Village's attorney, to
pursue such legal actions and proceedings as may be necessary to enforce the
Uniform Code, the Energy Code and this article, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code or this article;
and
(11)
To exercise all other powers and fulfill all other duties
conferred upon the Code Enforcement Officer by this article.
B.
The Code Enforcement Officer shall be appointed by the
Mayor, subject to the approval of a majority of the Board of Trustees. Any
appointment and/or removal of the Code Enforcement Officer to or from this
position shall be subject to the applicable provisions of the Civil Service
Law, if any. The Code Enforcement Officer shall possess background experience
related to building construction or fire prevention and shall, within the
time prescribed by law, obtain such basic training, in-service training, advanced
in-service training and other training as the State of New York shall require
for code enforcement personnel, and the Code Enforcement Officer shall obtain
certification from the State Fire Administrator pursuant to the Executive
Law and the regulations promulgated thereunder.
C.
In the event that the Code Enforcement Officer is unable
to serve as such for any reason, an individual shall be appointed by the Mayor,
subject to the approval of a majority of the Board of Trustees, to serve as
Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall,
during the term of his or her appointment, exercise all powers and fulfill
all duties conferred upon the Code Enforcement Officer by this article.
D.
One or more inspectors may be appointed by the Mayor,
subject to the approval of a majority of the Board of Trustees, to act under
the supervision and direction of the Code Enforcement Officer and to assist
the Code Enforcement Officer in the exercise of the powers and fulfillment
of the duties conferred upon the Code Enforcement Officer by this article.
Each inspector shall, within the time prescribed by law, obtain such basic
training, in-service training, advanced in-service training and other training
as the State of New York shall require for code enforcement personnel, and
each inspector shall obtain certification from the State Fire Administrator
pursuant to the Executive Law and the regulations promulgated thereunder.
E.
The compensation for the Code Enforcement Officer and
inspectors shall be fixed from time to time by the Board of Trustees of this
Village.
A.
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer.
B.
Exemptions. No building permit shall be required for
work in any of the following categories:
(1)
Installation of swings and other playground equipment
associated with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(2)
Construction of temporary motion picture, television
and theater stage sets and scenery;
(3)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(4)
Installation of partitions or movable cases less than
five feet nine inches in height;
(5)
Painting, wallpapering, tiling, carpeting, or other similar
finish work;
(6)
Installation of listed portable lighting, plumbing, heating,
ventilation or cooling equipment or appliances; or
(7)
Replacement of any equipment, provided the replacement
does not alter the equipment's listing or render it inconsistent with
the equipment's original specifications.
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D.
Applications for building permits. Applications for a
building permit shall be made in writing on a form provided by or otherwise
acceptable to the Code Enforcement Officer. The application shall be signed
by the owner of the property where the work is to be performed or by an authorized
agent of the owner. The application shall include such information as the
Code Enforcement Officer deems sufficient to permit a determination by the
Code Enforcement Officer that the intended work complies with all applicable
requirements of the Uniform Code and the Energy Code. The application shall
include or be accompanied by the following information and documentation:
(1)
A description of the proposed work;
(2)
The Tax Map number and the street address of the premises
where the work is to be performed;
(3)
The occupancy classification of any affected building
or structure;
(4)
Where applicable, a statement of special inspections
prepared in accordance with the provisions of the Uniform Code;
(5)
At least two sets of construction documents (drawings
and/or specifications) which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered architect
or licensed professional engineer where so required by the Education Law;
(c)
Indicate with sufficient clarity and detail the nature
and extent of the work proposed;
(d)
Substantiate that the proposed work will comply with
the Uniform Code and the Energy Code; and
(e)
Where applicable, include a site plan that shows any
existing and proposed buildings and structures on the site, the location of
any existing or proposed well or septic system, the location of the intended
work, and the distances between the buildings and structures and the lot lines;
and
(6)
Survey map; waiver.
(a)
Each application for a building permit for new construction
or additions to existing buildings shall be accompanied by two copies of plans
and specifications, including a survey map prepared by a licensed surveyor
or engineer, showing the location and size of all proposed new construction
or additions and all existing structures on the site, distances from lot lines,
setback lines and such other items as may be required by the Code Enforcement
Officer to determine compliance with all applicable zoning laws of the Village.
Said survey map shall bear the signature of the person responsible for the
preparation of the same.
(b)
With respect to any use which requires Planning Commission approval pursuant to § 227-131 of this Code, the Planning Commission may waive all or a portion of the requirements of this subsection if it determines that strict compliance thereof is not necessary to protect the interest of public health, safety and general welfare of the Village. With respect to all other uses, any such waiver may only be issued by the Village Board of Trustees.
E.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F.
Issuance of building permits. An application for a building
permit shall be examined to ascertain whether the proposed work is in compliance
with the applicable requirements of the Uniform Code and Energy Code. The
Code Enforcement Officer shall issue a building permit if the proposed work
is in compliance with the applicable requirements of the Uniform Code and
Energy Code.
G.
Building permits to be displayed. Building permits shall
be visibly displayed at the work site and shall remain visible until the authorized
work has been completed.
H.
Work to be in accordance with construction documents.
All work shall be performed in accordance with the construction documents
which were submitted with and accepted as part of the application for the
building permit. The building permit shall contain such a directive. The permit
holder shall immediately notify the Code Enforcement Officer of any change
occurring during the course of the work. The building permit shall contain
such a directive. If the Code Enforcement Officer determines that such change
warrants a new or amended building permit, such change shall not be made until
and unless a new or amended building permit reflecting such change is issued.
I.
Time limits. Building permits shall become invalid unless
the authorized work is commenced within six months following the date of issuance.
Building permits shall expire 12 months after the date of issuance. A building
permit which has become invalid or which has expired pursuant to this subsection
may be renewed upon application by the permit holder, payment of the applicable
fee, and approval of the application by the Code Enforcement Officer. It is
incumbent upon the permit holder to adequately complete all items of work
required under the building permit and provide the Code Enforcement Officer,
within 12 months after the date of issuance, with an affidavit of completion,
signed before a notary public, in order for the Code Enforcement Officer to
rely on the statements contained therein and issue a certificate of completion/occupancy
to close out the building permit.
J.
Revocation or suspension of building permits. If the
Code Enforcement Officer determines that a building permit was issued in error
because of incorrect, inaccurate or incomplete information, or that the work
for which a building permit was issued violates the Uniform Code or the Energy
Code, the Code Enforcement Officer shall revoke the building permit or suspend
the building permit until such time as the permit holder demonstrates that
all work then completed is in compliance with all applicable provisions of
the Uniform Code and the Energy Code and all work then proposed to be performed
shall be in compliance with all applicable provisions of the Uniform Code
and the Energy Code.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements
of the construction process shall be inspected, where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues
or gas vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized by the building
permit has been completed.
C.
Inspection results. After inspection, the work or a portion
thereof shall be noted as satisfactory as completed, or the permit holder
shall be notified as to where the work fails to comply with the Uniform Code
or Energy Code. Work not in compliance with any applicable provision of the
Uniform Code or Energy Code shall remain exposed until such work shall have
been brought into compliance with all applicable provisions of the Uniform
Code and the Energy Code, reinspected, and found satisfactory as completed.
A.
Authority to issue. The Code Enforcement Officer is authorized
to issue stop-work orders pursuant to this section. The Code Enforcement Officer
shall issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement Officer
to be contrary to any applicable provision of the Uniform Code or Energy Code,
without regard to whether such work is or is not work for which a building
permit is required, and without regard to whether a building permit has or
has not been issued for such work; or
(2)
Any work that is being conducted in a dangerous or unsafe
manner in the opinion of the Code Enforcement Officer, without regard to whether
such work is or is not work for which a building permit is required, and without
regard to whether a building permit has or has not been issued for such work;
or
(3)
Any work for which a building permit is required which
is being performed without the required building permit, or under a building
permit that has become invalid, has expired, or has been suspended or revoked.
B.
Content of stop-work orders. Stop-work orders shall be
in writing, be dated and signed by the Code Enforcement Officer, state the
reason or reasons for issuance, and if applicable, state the conditions which
must be satisfied before work will be permitted to resume.
C.
Service of stop-work orders. The Code Enforcement Officer
shall cause the stop-work order, or a copy thereof, to be served on the owner
of the affected property (and, if the owner is not the permit holder, on the
permit holder) personally or by certified mail, return receipt requested.
The Code Enforcement Officer shall be permitted, but not required, to cause
the stop-work order, or a copy thereof, to be served on any builder, architect,
tenant, contractor, subcontractor, construction superintendent, or their agents,
or any other person taking part or assisting in work affected by the stop-work
order, personally or by certified mail, return receipt requested; provided,
however, that failure to serve any person mentioned in this sentence shall
not affect the efficacy of the stop-work order.
D.
Effect of stop-work order. Upon the issuance of a stop-work
order, the owner of the affected property, the permit holder and any other
person performing, taking part in or assisting in the work shall immediately
cease all work which is the subject of the stop-work order. It shall be in
the exclusive discretion of the Code Enforcement Officer to allow any person
to any and all further procedures that are strictly limited to abating any
existing conditions on the property which may constitute an imminent danger
to the safety, welfare, and health of the public.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 70-8, Enforcement; penalties for offenses, of this article or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A.
Certificates of occupancy required. A certificate of
occupancy shall be required for any work which is the subject of a building
permit and for all structures, buildings, or portions thereof, which are converted
from one use or occupancy classification or subclassification to another.
Permission to use or occupy a building or structure, or portion thereof, for
which a building permit was previously issued shall be granted only by issuance
of a certificate of occupancy.
B.
Issuance of certificates of occupancy. The Code Enforcement
Officer shall issue a certificate of occupancy if the work which was the subject
of the building permit was completed in accordance with all applicable provisions
of the Uniform Code and Energy Code and, if applicable, the structure, building
or portion thereof that was converted from one use or occupancy classification
or subclassification to another complies with all applicable provisions of
the Uniform Code and Energy Code. The Code Enforcement Officer or an inspector
authorized by the Code Enforcement Officer shall inspect the building, structure
or work prior to the issuance of a certificate of occupancy. In addition,
where applicable, the following documents, prepared in accordance with the
provisions of the Uniform Code by such person or persons as may be designated
by or otherwise acceptable to the Code Enforcement Officer, at the expense
of the applicant for the certificate of occupancy, shall be provided to the
Code Enforcement Officer prior to the issuance of the certificate of occupancy:
C.
Contents of certificates of occupancy. A certificate
of occupancy shall contain the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate of occupancy is not applicable to
an entire structure, a description of that portion of the structure for which
the certificate of occupancy is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation
as to whether the sprinkler system is required;
(9)
Any special conditions imposed in connection with the
issuance of the building permit; and
(10)
The signature of the Code Enforcement Officer issuing
the certificate of occupancy and the date of issuance.
D.
Temporary certificate. The Code Enforcement Officer shall
be permitted to issue a temporary certificate allowing the temporary occupancy
of a building or structure, or a portion thereof, prior to completion of the
work which is the subject of a building permit. However, in no event shall
the Code Enforcement Officer issue a temporary certificate unless the Code
Enforcement Officer determines that the building or structure, or the portion
thereof covered by the temporary certificate, may be occupied safely, that
any fire- and smoke-detecting or fire protection equipment which has been
installed is operational, and that all required means of egress from the building
or structure have been provided. The Code Enforcement Officer may include
in a temporary certificate such terms and conditions as he or she deems necessary
or appropriate to ensure safety or to further the purposes and intent of the
Uniform Code. A temporary certificate shall be effective for a period of time,
not to exceed six months, which shall be determined by the Code Enforcement
Officer and specified in the temporary certificate. During the specified period
of effectiveness of the temporary certificate, the permit holder shall undertake
to bring the building or structure into full compliance with all applicable
provisions of the Uniform Code and the Energy Code.
E.
Revocation or suspension of certificates. If the Code
Enforcement Officer determines that a certificate of occupancy or a temporary
certificate was issued in error because of incorrect, inaccurate or incomplete
information, and if the relevant deficiencies are not corrected to the satisfaction
of the Code Enforcement Officer within such period of time as shall be specified
by the Code Enforcement Officer, the Code Enforcement Officer shall revoke
or suspend such certificate.
The chief of any fire department providing fire-fighting services for
a property within this Village shall promptly notify the Code Enforcement
Officer of any fire or explosion involving any structural damage, fuel-burning
appliance, chimney or gas vent.
Unsafe structures and equipment in this Village shall be identified and addressed in accordance with the procedures established by the Unsafe Building Law, Chapter 71 of the Ellenville Code, as now in effect or as hereafter amended from time to time.
A.
Operating permits required.
(1)
Operating permits shall be required for conducting the
activities or using the categories of buildings listed below:
(a)
Manufacturing, storing or handling hazardous materials
in quantities exceeding those listed in Table 2703.1.1(1), 2703.1.1(2), 2703.1.1(3)
or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and
incorporated by reference in 19 NYCRR 1225.1;
(b)
Hazardous processes and activities, including but not
limited to commercial and industrial operations which produce combustible
dust as a byproduct, fruit and crop ripening, and waste handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public assembly
with an occupant load of 100 persons or more; and
B.
Applications for operating permits. An application for
an operating permit shall be in writing on a form provided by or otherwise
acceptable to the Code Enforcement Officer. Such application shall include
such information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that quantities, materials,
and activities conform to the requirements of the Uniform Code. If the Code
Enforcement Officer determines that tests or reports are necessary to verify
conformance, such tests or reports shall be performed or provided by such
person or persons as may be designated by or otherwise acceptable to the Code
Enforcement Officer, at the expense of the applicant.
C.
Inspections. The Code Enforcement Officer or an inspector
authorized by the Code Enforcement Officer shall inspect the subject premises
prior to the issuance of an operating permit.
D.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. Operating permits shall
be issued for such period of time, not to exceed one year in the case of any
operating permit issued for an area of public assembly and not to exceed three
years in any other case, as shall be determined by the Code Enforcement Officer
to be consistent with local conditions. The effective period of each operating
permit shall be specified in the operating permit. An operating permit may
be reissued or renewed upon application to the Code Enforcement Officer, payment
of the applicable fee, and approval of such application by the Code Enforcement
Officer.
F.
Revocation or suspension of operating permits. If the
Code Enforcement Officer determines that any activity or building for which
an operating permit was issued does not comply with any applicable provision
of the Uniform Code, such operating permit shall be revoked or suspended.
A.
Inspections required. Firesafety and property maintenance
inspections of buildings and structures shall be performed by the Code Enforcement
Officer or an inspector designated by the Code Enforcement Officer at the
following intervals:
(1)
Firesafety and property maintenance inspections of buildings
or structures which contain an area of public assembly shall be performed
at least once every 12 months.
(2)
Firesafety and property maintenance inspections of buildings
or structures being occupied as dormitories shall be performed at least once
every 12 months.
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at any time upon the request of the owner of the property to be inspected or an authorized agent of such owner; 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 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.
C.
OFPC inspections. Nothing in this section or in any other
provision of this article shall supersede, limit or impair the powers, duties
and responsibilities of the New York State Office of Fire Prevention and Control
("OFPC") and the New York State Fire Administrator under Executive Law § 156-e
and Education Law § 807-b.
The Code Enforcement Officer shall review and investigate complaints
which allege or assert the existence of conditions or activities that fail
to comply with the Uniform Code, the Energy Code, this article, or any other
local law or regulation adopted for administration and enforcement of the
Uniform Code or the Energy Code. The process for responding to a complaint
shall include such of the following steps as the Code Enforcement Officer
may deem to be appropriate:
A.
Performing an inspection of the conditions and/or activities
alleged to be in violation, and documenting the results of such inspection;
B.
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 70-8, Enforcement; penalties for offenses, of this article;
C.
If appropriate, issuing a stop-work order;
D.
If a violation which was found to exist is abated or
corrected, performing an inspection to ensure that the violation has been
abated or corrected, preparing a final written report reflecting such abatement
or correction, and filing such report with the complaint.
A.
The Code Enforcement Officer shall keep permanent official
records of all transactions and activities conducted by all code enforcement
personnel, including records of:
(1)
All applications received, reviewed and approved or denied;
(2)
All plans, specifications and construction documents
approved;
(3)
All building permits, certificates of occupancy, temporary
certificates, stop-work orders, and operating permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(9)
All fees charged and collected.
B.
All such records shall be public records open for public
inspection during normal business hours. All plans and records pertaining
to buildings or structures, or appurtenances thereto, shall be retained for
at least the minimum time period so required by state law and regulation.
A.
The Code Enforcement Officer shall annually submit to the Board of Trustees of this Village a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 70-7, Recordkeeping, of this article and a report and summary of all appeals or litigation pending or concluded.
B.
The Code Enforcement Officer shall annually submit to
the Secretary of State, on behalf of this Village, on a form prescribed by
the Secretary of State, a report of the activities of this Village relative
to administration and enforcement of the Uniform Code.
C.
The Code Enforcement Officer shall, upon request of the
New York State Department of State, provide to the New York State Department
of State, from the records and related materials this Village is required
to maintain, excerpts, summaries, tabulations, statistics and other information
and accounts of the activities of this Village in connection with administration
and enforcement of the Uniform Code.
A.
Compliance orders. The Code Enforcement Officer is authorized
to order, in writing, the remedying of any condition or activity found to
exist in, on or about any building, structure, or premises in violation of
the Uniform Code, the Energy Code, or this article. Upon finding that any
such condition or activity exists, the Code Enforcement Officer shall issue
a compliance order. The compliance order shall be in writing; be dated and
signed by the Code Enforcement Officer; specify the condition or activity
that violates the Uniform Code, the Energy Code, or this article; specify
the provision or provisions of the Uniform Code, the Energy Code, or this
article which is/are violated by the specified condition or activity; specify
the period of time which the Code Enforcement Officer deems to be reasonably
necessary for achieving compliance; direct that compliance be achieved within
the specified period of time; and state that an action or proceeding to compel
compliance may be instituted if compliance is not achieved within the specified
period of time. The Code Enforcement Officer shall cause the compliance order,
or a copy thereof, to be served on the owner of the affected property personally
or by certified mail, return receipt requested. The Code Enforcement Officer
shall be permitted, but not required, to cause the compliance order, or a
copy thereof, to be served on any builder, architect, tenant, contractor,
subcontractor, construction superintendent, or their agents, or any other
person taking part or assisting in work being performed at the affected property
personally or by certified mail, return receipt requested; provided, however,
that failure to serve any person mentioned in this sentence shall not affect
the efficacy of the compliance order.
B.
Appearance tickets. The Code Enforcement Officer and
each inspector are authorized to issue appearance tickets for any violation
of the Uniform Code.
C.
Civil penalties. In addition to those penalties prescribed
by State law, any person who violates any provision of the Uniform Code, the
Energy Code or this article, or any term or condition of any building permit,
certificate of occupancy, temporary certificate, stop-work order, operating
permit or other notice or order issued by the Code Enforcement Officer pursuant
to any provision of this article, shall be liable to a civil penalty of not
more than $200 for each day or part thereof during which such violation continues.
The civil penalties provided by this subsection shall be recoverable in an
action instituted in the name of this Village.
D.
Injunctive relief. An action or proceeding may be instituted
in the name of this Village, in a court of competent jurisdiction, to prevent,
restrain, enjoin, correct, or abate any violation of, or to enforce, any provision
of the Uniform Code, the Energy Code, this article, or any term or condition
of any building permit, certificate of occupancy, temporary certificate, stop-work
order, operating permit, compliance order, or other notice or order issued
by the Code Enforcement Officer pursuant to any provision of this article.
In particular, but not by way of limitation, where the construction or use
of a building or structure is in violation of any provision of the Uniform
Code, the Energy Code, this article, or any stop-work order, compliance order
or other order obtained under the Uniform Code, the Energy Code or this article,
an action or proceeding may be commenced in the name of this Village, in the
Supreme Court or in any other court having the requisite jurisdiction, to
obtain an order directing the removal of the building or structure or an abatement
of the condition in violation of such provisions. No action or proceeding
described in this subsection shall be commenced without the appropriate authorization
from the Board of Trustees of this Village. All expenses incurred by the Village
in connection with an action or proceeding being commenced pursuant to this
subsection, including court costs, disbursements and reasonable and necessary
attorney's fees, shall be paid by the property owner to indemnify the
Village from those expenses actually paid from the Village treasury.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 70-3.1, Stop-work orders, of this article, in any other section of this article, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 70-3.1, Stop-work orders, of this article, in any other section of this article, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section 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.
A fee schedule shall be established by resolution of the Board of Trustees
of this Village. Such fee schedule may thereafter be amended from time to
time by like resolution. The fees set forth in, or determined in accordance
with, such fee schedule or amended fee schedule shall be charged and collected
for the submission of applications, the issuance of building permits, amended
building permits, renewed building permits, certificates of occupancy, temporary
certificates, operating permits, firesafety and property maintenance inspections,
and other actions of the Code Enforcement Officer described in or contemplated
by this article. The schedule of fees established pursuant to this section
shall be kept on file in the office of the Village Clerk in the event of any
revisions therein by resolution of the Village Board of Trustees. The fees
levied under this section shall be payable at the time of application.
The Board of Trustees of this Village may, by resolution, authorize
the Mayor of this Village to enter into an agreement, in the name of this
Village, with other governments to carry out the terms of this article, provided
that such agreement does not violate any provision of the Uniform Code, the
Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law.
If any section of this article shall be held unconstitutional, invalid,
or ineffective, in whole or in part, such determination shall not be deemed
to affect, impair, or invalidate the remainder of this article.
A request for a variance from the Uniform Code and an appeal to review
a determination of or failure to render a determination by the Enforcement
Official shall be processed with the Zoning Board of Appeals, which is the
appropriate board of review as provided in 19 NYCRR 440.
[Adopted 3-14-1974 as Ch. 13 of the Code of Ordinances]
This Article shall be known and may be cited as the "Housing Code of
the Incorporated Village of Ellenville."
A.
APPROVED
BASEMENT
BUILDING
CELLAR
DWELLING
DWELLING UNIT
ENFORCEMENT OFFICER
EXTERIOR PROPERTY AREAS
EXTERMINATION
GARBAGE
GRADE
HABITABLE ROOM
INFESTATION
KITCHEN
KITCHENETTE
MULTIPLE RESIDENCE
OCCUPANT
OPENABLE AREA
OPERATOR
OWNER
PLUMBING
PREMISES
PUBLIC HALL
ROOMING HOUSE
ROOMING UNIT
RUBBISH
SINGLE-FAMILY DWELLING
SUPPLIED
VENTILATION
VENTILATION, NATURAL
WATER CLOSET
As used in this Article, the following definitions shall apply
in the interpretation and enforcement of this Article:
Constructed, installed and maintained in accordance with the provisions
of this Article and other pertinent ordinances or regulations of the Village
applicable therein.
A story partly underground but having at least 1/2 of its height
above the average level of the adjoining ground. A "basement" shall be counted
as a story for the purposes of height measurement if vertical distance between
the ceiling and the average level of the adjoining ground is more than five
feet, and in no event shall a cellar or "basement" be considered a dwelling.
Any structure having a roof for the shelter, housing or enclosure
of persons, animals, chattels or property of any kind.
An enclosed space within the foundation walls of a building and having
more than 1/2 of its height below the average level of the adjoining ground.
A building designed or used as the living quarters for one or more
families. The terms "dwelling," "one-family dwelling," "two-family dwelling"
or "dwelling group shall not be deemed to include an automobile court, rooming
or tourist home.
A dwelling or portion thereof providing complete living facilities
for one family.
The Superintendent of Inspectors or a person designated by a majority
of the Village Board of Trustees to carry out the duties of enforcement and
administration specified in this Article.
Open space on the premises and vacant and open space on adjacent
premises.
The control and elimination of insects, rodents or other pests, by
eliminating their harborage places or by removing or making inaccessible materials
that may serve as their food, by any recognized and legal pest elimination
method approved by the enforcement officer.
The animal, vegetable and mineral waste resulting from the handling,
preparation, cooking and consumption of food.
The natural surface of the ground or the surface of the ground after
completion of any change in contour, including the completed surfaces of lawns,
walks and roads, brought to grades as shown on official plans or designs relating
thereto.
A room or enclosed floor space used or intended to be used for living,
sleeping, cooking, recreation or eating purposes, excluding stairways, bathrooms,
water closet compartments, laundries, pantries, foyers, communicating corridors,
closets or storage spaces.
The presence, within or around a dwelling, dwelling unit, rooming
house, rooming unit or premises, of insects, rodents, vermin or other pests.
Space which is 60 square feet or more in floor area, with a minimum
width of five feet, used in cooking or preparation of food and deemed habitable
space.
Space which is less than 60 square feet in floor area, used for cooking
or preparation of food and not deemed habitable space.
A building containing three or more dwelling units.
Any person including an owner or operator living, sleeping, cooking
or eating in or having actual possession of a dwelling unit or room in a rooming
house.
Any part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
Any person having charge, care, management or control of any dwelling
or part of it, in which dwelling units or rooming units are let.
Any person who, alone, jointly or severally with others, holds legal
or equitable title to any dwelling, dwelling unit, rooming house or rooming
unit.
All of the following supplied facilities and equipment: Gas pipes,
gas-burning equipment, water pipes, garbage disposal units, waste pipes, water
closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths,
installed clothes-washing machines, catch basins, drains, vents and any other
similar supplied fixtures, together with all connections to water, sewer or
gas lines.
A plotted lot or part thereof or unplotted lot or parcel of land
or plot of land, either occupied or unoccupied by any dwelling or nondwelling
structure, including the dwelling or structures thereon.
Any hall, corridor or passageway not within the exclusive control
of one family.
Any dwelling or part thereof which contains one or more rooming units,
in which space is let by the occupant or owner to three or more persons not
directly related to him.
Any room or group of rooms forming a single habitable unit used or
intended to be used for living or sleeping but not for cooking or eating purposes.
All combustible and noncombustible waste, except garbage.
A dwelling occupied by one family alone.
Paid for, furnished or provided by or under the control of the owner
or operator, their agents and/or representatives.
Any ventilation by power-driven devices.
Any ventilation by opening to outer air through windows, skylights,
doors, louvers or stacks, with or without winddriven devices.
A toilet, with a bowl and trap, which is connected to the Village
water and sewerage system or to other approved water supply and sewerage system.
B.
Word usage. Whenever the words "building," "dwelling,"
"dwelling unit," "rooming house" and "premises" are used in this chapter,
they shall be construed and though they were followed by the words "or any
part thereof."
Every building used in whole or in part as a dwelling unit or as two
or more dwelling units or used in whole or in part as a rooming house shall
conform to the requirements of this chapter and all other ordinances of the
Village irrespective of other uses in such building and irrespective of when
such building may have been constructed, altered or repaired.
No person shall occupy as owner-occupant or let or rent to another for
occupancy any dwelling, rooming house, dwelling unit or rooming unit for the
purpose of living, sleeping, cooking or eating therein, which does not comply
with the requirements of this chapter.
Whenever a provision of this Article is found to be in conflict with
a provision of the building, zoning, sanitary or other ordinances of this
Village or to county or state regulations applicable to this Village, the
provisions which established the higher standard for the promotion and protection
of the health and safety of the people shall prevail.[1]
A.
Any person who shall violate any provision of this Article
or any provision of any rule or regulation adopted by the enforcement officer
pursuant to the authority granted by this Article shall, upon conviction,
be punished by a fine of not more than $100.
B.
Each day that such violation is permitted to exist shall
constitute a separate offense.
The Superintendent of Inspectors or other designated official is hereby
authorized to make and adopt, upon approval of the Village Board of Trustees,
such rules and regulations as may be necessary for the clarification and proper
enforcement of the provisions of this Article. Such rules and regulations
shall not be in conflict with the provisions of this Article. A certified
copy of such rules and regulations shall be filed with the Village Clerk and
shall have the same force and effect as the provisions of this Article, and
the penalty for violation thereof shall be the same as for violation of the
provisions of this Article.
A.
Entry; examination; survey. The enforcement officer or
his duly authorized representative is hereby authorized, upon showing proper
identification, to enter, examine and survey at any reasonable time all dwellings,
dwelling units, rooming houses, rooming units and premises located within
the Village.
B.
Duty of occupant. The occupant of every dwelling, dwelling
unit or rooming unit or the person in charge thereof shall give the enforcement
officer or his representative free access to such units and premises at all
reasonable times for the purpose of such inspection, examination and survey.
Whenever the enforcement officer finds that there has been a violation
of this Article or of any rule or regulation adopted pursuant thereto, he
shall give notice to the person or persons responsible. Such notice shall:
A.
Be in writing.
B.
Include a description of the real estate sufficient or
identification.
C.
Include a statement of the reason or reasons why the
notice is being issued.
D.
Set a reasonable time for the performance of any act
it requires.
E.
Be served upon the owner or his agent or upon the occupant,
as the case may require. Such service shall be in person, by letter or in
any other manner authorized or required by law.
A.
Failure to correct conditions. When, upon reexamination,
after the expiration of the time for compliance, the enforcement officer finds
that the violation has not been corrected, then he is authorized to cause
such dwelling to be repaired, altered or improved or to be vacated or closed.
B.
Placarding; removal of building. Whenever the enforcement
officer finds that any dwelling constitutes a serious hazard to the health
or safety of the occupants or to the public because it is dilapidated, unsanitary,
vermin-infested or lacking in the facilities required by this Article, he
shall designate such dwelling unfit for human habitation and shall cause to
be posted on the main entrance of any dwelling so closed a placard with the
following words: "This building for human habitation is prohibited and unlawful."
If the owner fails to comply with an order or fails to remove or demolish
the dwelling, the enforcement officer may cause such dwelling to be removed
or demolished, pursuant to the provisions of the Village Law of the state.
C.
Lien for cost of work. The amount of the cost of such
repairs, alterations or improvements or vacating and closing or removal or
demolition, when done by the enforcement officer shall be a municipal lien
against the real property upon which such cost was incurred. However, nothing
in this section shall be construed to impair or limit in any way the power
of the municipality to define and declare nuisances and to cause their removal
or abatement, by summary proceedings or otherwise.
D.
Compliant or order; service; recording. Complaints or
orders issued by the enforcement officer pursuant to this Article shall be
served upon persons either personally or by mail, but if the whereabouts of
such persons is unknown and the same cannot be ascertained by the enforcement
officer in the exercise of reasonable diligence and the enforcement officer
shall make an affidavit to that effect, then the serving of such compliant
or order upon such persons may be made by publishing the same once each week
for two consecutive weeks in the official newspaper of the Village. A copy
of such complaint or order shall be posted in a conspicuous place on the premises
affected by the complaint or order. A copy of such complaint or order shall
be duly recorded or lodged for record with the Village Clerk.
An appeal from a determination of the enforcement officer may be taken
by any aggrieved person or by an officer, department or board of the Village
to the Board of Zoning Appeals of the Village. Such an appeal may be taken
within such time as the Board shall specify in its rules of procedure. All
appeals shall be made in writing on forms provided by the Board. Appeals shall
be submitted to the enforcement officer, who shall then transmit to the Board
all the papers constituting the record upon which the action appealed from
was taken. A fee of not more than $25 shall be charged for each appeal to
the Board of Zoning Appeals.
The Board of Zoning Appeals shall have the powers and duties prescribed
by statute and by this Article, which powers and duties are hereby summarized
and more particularly specified:
A.
Interpretation. On appeal from a determination of the
enforcement officer or on request by any official, department or board of
the Village, the Board of Zoning Appeals shall decide any questions involving
the interpretation of any provision of this Article.
B.
Variances. On appeal from a determination of the enforcement
officer, the Board of Zoning Appeals may grant a variance where the strict
application of this chapter would result in practical difficulty or unnecessary
hardship.
All decisions of the Board of Zoning Appeals shall be in writing, and
a copy of each decision shall be sent to the applicant, to the enforcement
officer and Superintendent of Inspectors. The Board shall also retain in its
files a copy of each decision, which files shall be available for inspection
by the public. Each decision shall set forth fully the reasons for the decision
of the Board and the findings of fact upon which the decision was based. Any
aggrieved party may appeal to the Supreme Court.
The Board of Zoning Appeals shall report to the Mayor annually. The
report shall summarize all applications and appeals made to it since the last
report and shall contain a summary of the board's decision on each case.
A copy of the report shall be filed with the enforcement officer.
A.
Every habitable room shall have a window opening directly
to the outside. The total area of such window shall not be less than 10% of
the floor area of such room. All windows shall be enclosed with glass and
shall be provided with suitable hardware and sash cords and made to open to
the extent of 4% of the floor area. Every dwelling, habitable room and hall
shall be equipped with a safe, artificial lighting service, and all electrical
wiring, outlets and fixtures thereof shall be installed and maintained in
accordance with the provisions of local municipal ordinances and statutes
of this state.
B.
Bathrooms, water closet compartments. Every bathroom
and water closet compartment shall have at least one window facing to the
outdoors and having a minimum openable area of 4% of the floor area of such
room except where there is supplied some other device approved by the enforcement
officer as affording adequate ventilation.
C.
Electricity. Every dwelling shall be supplied with and
lighted with electricity.
(1)
Every habitable dwelling and room shall be wired in conformity
with the Village electrical code and shall have a New York Board of Fire Underwriters
Bureau of Electricity certificate of compliance issued for the same.
(2)
Every water closet compartment, bathroom, laundry room,
furnace room and public hall shall contain at least one supplied ceiling-
or wall-type electric light fixture.
(3)
Every outlet and fixture shall be properly installed
and maintained in good and safe working condition.
A.
Every dwelling shall have heating facilities which are
properly installed, maintained in safe and good working condition and are
capable of safely and adequately heating all habitable rooms, bathrooms and
water closet compartments to a temperature of at least 70° F. at a distance
of three feet above floor level, with the outside temperature of 10° F.
Every space heater shall be properly vented through an approved flue leading
to the outer air and shall be adequately insulated from all combustible materials.
B.
Multiple residences. Each dwelling unit in every multiple
residence shall contain therein means for supplying heat in every occupied
room therein in sufficient quantity for the maintenance of a temperature of
70° F. at knee height with due regard to regulation, ventilation, humidity
and ordinary winter conditions. When heat is supplied to the occupants of
any dwelling unit, from a source within or without the unit, by someone other
than such occupants, the same shall be supplied in sufficient quantity to
maintain such temperature in every occupied room therein with due regard to
regulation, ventilation, humidity and ordinary winter conditions, at all times
between the first day of October and the first day of the following May, inclusive,
between the hours of 6:00 a.m. and 10:00 p.m. Failure to furnish such heat
or to maintain such temperature shall be construed as a failure to provide
such means of supplying heat.
A.
Water supply, sewage disposal. All plumbing fixtures
required by this section shall be connected to an approved source of water
supply and to an approved system of sewage disposal.
B.
Condition of plumbing fixtures. All plumbing fixtures
shall be properly installed and maintained in good working order.
C.
Privacy of water closet facilities. Every dwelling unit
shall contain within its walls a room, separate from the habitable rooms,
which affords privacy and which is equipped with a flush water closet and
a lavatory basin.
D.
Privacy of bathing facilities. Every dwelling unit shall
contain within its walls a room, separate from the habitable rooms, which
affords privacy to a person in the room and which is equipped with a bathtub
or shower.
E.
Kitchen sink required. Every dwelling unit shall contain
a kitchen sink properly connected to the hot- and cold-water supply and sewerage
system.
F.
Plumbing fixtures in rooming houses. In every rooming
house, the following minimum plumbing fixtures are required for each multiple
of six sleeping rooms: a water closet, a bathtub or shower and a lavatory.
G.
Hot and cold water requirements. Every kitchen sink,
lavatory and bathtub or shower required by this chapter shall be properly
connected with both hot and cold waterlines. The hot waterlines shall be connected
with supplied water heating facilities.
A.
Dwelling units. Every dwelling unit shall contain at
least 150 square feet of habitable floor area for the first occupant and at
least 75 square feet of additional habitable floor area for each additional
occupant. No more than one family shall be permitted to inhabit a dwelling
unit.
B.
Sleeping rooms. In every dwelling unit and in every rooming
unit, every room occupied for sleeping purposes by one occupant shall contain
at least 70 square feet of floor area, and every room occupied for sleeping
purposes by more than one occupant shall contain at least 50 square feet of
floor area for each occupant 12 years of age or over and at least 35 square
feet of floor area for each occupant under 12 years of age.
C.
Calculation of floor area. Floor area shall be calculated
on the basis of habitable room area. However, closet area and hall area within
the dwelling unit, where provided, may count for not more than 10% of the
required habitable floor area. At least 70 square feet of every habitable
room shall have a ceiling height of at least seven feet six inches; and the
floor area of any part of any room where the ceiling height is less than 4 1/2
feet shall not be considered as part of the floor area in computing the total
floor area of the room to determine maximum permissible occupancy.
D.
Cellars, basements and playrooms. No cellar or basement
space shall be used as a habitable room or dwelling unit. Play- or recreation
rooms may be located below grade.
A.
Location of habitable space. No dwelling unit or rooming
unit shall be located within a building containing any establishment handling,
dispensing or storing flammable liquids in any manner which constitutes a
danger to the lives of the occupants.
D.
Minimum egress facilities. There shall be at least two
means of egress available from each story of every multifamily dwelling and
of every rooming house if the dwelling is three or more stories in height
or is three stories in height and has at least five habitable rooms on the
third story. A basement used as a dwelling unit for a superintendent of premises
shall not count as a story for the purpose of this subsection, except those
premises that require an on-premises superintendent pursuant to the Multiple
Residence Law.[1]
[1]
Editor's Note: See Multiple Residence Law, § 1 et seq.
E.
Location of exit facilities. Exit facilities from dwellings
or dwelling units shall lead to a public thoroughfare either directly or through
a court or yard, and passage to such exits shall not lead through any other
dwelling or dwelling unit.
F.
Cooking equipment.
(1)
Cooking equipment to comply with chapter. No owner, operator
or occupant shall furnish or use any cooking equipment which does not comply
with this chapter.
(2)
Condition of cooking equipment. Every piece of cooking
equipment shall be so constructed and installed that it will function safely
and effectively and shall be maintained in sound working condition.
(3)
Portable cooking equipment. Portable cooking equipment
employing gasoline as fuel for cooking is prohibited.
G.
Chimneys, flues, vents. All heating, cooking and water-heating
equipment burning solid fuels shall be rigidly connected to a chimney or flue,
and such heating equipment burning liquid or gaseous fuels shall be rigidly
connected to a supply line and to a chimney, flue or vent.
H.
Heating equipment; installation; use. Heating equipment
shall be installed in a manner which will avoid the dangerous concentration
of fumes and gases. Unvented portable space heaters burning liquid or gaseous
fuels shall be prohibited. Heating equipment shall not be forced to operate
beyond the safe capacity for which it was designed.
I.
Storage of fuel. Fuels shall be stored in accordance
with generally accepted practice and in a manner which will minimize the danger
of fire. No gasoline or highly inflammable fuel shall be stored within any
structure used for human habitation.
A.
Screen required. During the period from May 1 to September
30, every door opening directly from any dwelling to outdoor space, which
said doorway is used for ventilation, shall be supplied with a screen, together
with a self-closing device in good working condition; and, in each room, at
least one window or other device with openings to outdoor space, used or intended
to be used for ventilation, shall likewise be provided with a screen.
B.
Basement and cellar windows. Every basement or cellar
window used or intended to be used for ventilation and every other opening
to a basement which might provide an entry for rodents shall be permanently
equipped with screens or such other device as will effectively prevent their
entrance.
C.
Freedom from vermin required. Dwellings shall be kept
free from rodents and other vermin at all times, with the responsibility for
extermination resting with the occupant or owner as hereinafter specified.
D.
Garbage; rubbish storage; disposal. Every dwelling unit
shall have approved garbage and rubbish storage or disposal facilities. In
every multifamily dwelling, such facilities shall be placed in an approved
location.
A.
Exterior portions. All foundations, exterior walls, roofs,
windows, exterior doors, basement hatchways and other exterior portions of
dwellings shall be watertight, weather-proof, rodent- and insectproof and
maintained in a good state of repair.
B.
Interior partitions. Interior partitions, walls, floors,
and ceilings shall be reasonably tight, capable of affording privacy, maintained
in a good state of repair and kept clean and sanitary.
C.
Stairways, porches and balconies. Inside and outside
stairways, porches and balconies shall be so constructed as to be safe to
use and capable of supporting the load that normal use may cause to be placed
thereon.
D.
Condition of facility, equipment and utility. Every supplied
facility, piece of equipment or utility which is required under this Article
shall be so constructed and installed that it will function safely and effectively
and shall be maintained in good working condition.
A.
Permit requirements. No person shall operate a rooming
house unless he holds a valid rooming house permit issued by the Village.
Such permit is not transferable and shall apply only to the structure for
which it is issued.
B.
General standards. Every rooming house and room shall
be in compliance with the minimum standards for dwellings set forth in this
Article as to light, ventilation, heating, space requirements and such other
provisions as are applicable.
C.
Minimum plumbing facilities. Every rooming house shall
be equipped with at least one flush water closet, one lavatory and one tub
or shower for each eight persons or fractions thereof within the rooming house,
including members of the family if they are to share the use of the facilities.
In rooming houses in which rooms are let only to males, flush urinals may
be substituted for not more than 1/2 of the required number of water closets.
All such facilities shall be properly connected to the water supply and sewerage
system.
D.
Location of plumbing fixtures. Every flush water closet,
flush urinal, lavatory, tub or shower required shall be located in a room
or rooms which:
E.
Condition of bedding, linen and towels. Where bedding,
bed linen or towels are supplied, the operator shall maintain the bedding
in a clean and sanitary manner, shall furnish clean bed linen and towels at
least once each week and prior to the letting of any room to an occupant.
A.
Occupants. Occupants of dwellings shall have the following
responsibilities:
(1)
To keep the dwelling and premises he occupies in a clean
and sanitary condition.
(2)
To dispose of rubbish and garbage in a clean and sanitary
manner as prescribed by Village regulations.
(3)
To hang and remove screens provided by the owner except
where the owner has agreed to supply such services.
(4)
To keep plumbing fixtures in a clean and sanitary condition
and to exercise all reasonable care in their proper use and operation.
(5)
To exterminate insects, rodents or other pests, if he
is the occupant of a single-family dwelling or occupant of a dwelling unit
in a multiple-unit structure, where that dwelling unit is the only one infested.
B.
Owners. Owners of dwellings shall have the following
responsibilities:
(1)
To let no dwelling or room to anyone for occupancy unless
it meets the minimum standards set forth in this Article.
(2)
To have the dwelling unit or room in a clean, sanitary
and habitable condition; to free the same from infestation before renting;
and to clean, repair and exterminate, if needed to meet the requirements of
this Article, before offering the same for rent.
(4)
To exterminate insects, rodents or other pests if infestation
exists in one or more units of a multiple-unit structure, where infestation
exists in shared or public areas of multiple-unit structures, and where infestation
exists in a single unit of a multiple-unit structure or in a single-family
structure when infestation is due to failure of the owner to maintain the
dwelling in a rodentproof and reasonably insectproof condition.
