[Amended 11-27-1978 by L.L. No. 4-1978[1]]
This chapter shall be known as the "Property
Maintenance and Housing Code of the Incorporated Village of Bellerose"
and is hereafter, in this chapter, referred to as the "code."
[1]
Editor's Note: This local law also repealed
original Section 3, Effective Date, and, pursuant to L.L. No. 1-1976
which established the Code, designated L.L. No. 1-1971 as Ch. 29.
The purpose of this code is to provide basic
and uniform standards governing the condition, occupancy and maintenance
of housing, business and other premises and to establish reasonable
safeguards for the safety, health and welfare of the occupants and
users thereof.
This code shall apply to all premises as follows:
A.Â
Lots, plots or parcels of land on which residential
buildings, buildings of mixed occupancy or accessory structures are
located.
B.Â
Residential buildings, including one- and two-family
dwellings and multiple dwellings.
C.Â
Residential occupancies in buildings of mixed occupancy.
D.Â
Accessory structures.
E.Â
Business premises.
F.Â
All other premises.
A.Â
The provisions of this code shall supersede local
laws, ordinances, codes or regulations to the extent that such laws,
ordinances, codes or regulations are inconsistent with the provisions
of this code, provided that nothing herein contained shall be construed
to prevent the adoption and enforcement of a law, ordinance, code
or regulation which is more restrictive or which establishes a higher
standard than provided in this code, and such more restrictive requirement
or higher standard shall govern during the period in which it is in
effect.
B.Â
Where a provision of this code is found to be in conflict
with a provision of a zoning, building, electrical, plumbing, fire,
safety, health, water supply or sewage disposal law or ordinance,
or regulation adopted pursuant thereto, or other local law, ordinance,
code or regulation, the provision or requirement which is more restrictive
or which establishes the higher standard shall prevail.
As used in this chapter, the following terms
shall have the meanings indicated:
A structure, the use of which is incidental to that of the
building and which is located on the same premises.
A use, occupancy or tenancy customarily incidental to the
principal use or occupancy of a building.
A dwelling unit within a multiple dwelling, two-family dwelling
or mixed occupancy building.
Approved by the administrative officer under the regulations
of this code or approved by an authority designated by law or this
code.
That space of a building that is partly below grade which
has more than half its height, measured from floor to ceiling, above
the average established curb level or finished grade of the ground
adjoining the building.
Enclosed space containing one or more bathtubs or showers,
or both, and which may also contain water closets, lavatories or fixtures
serving similar purposes. (See the definition of "toilet room.")
A structure wholly or partially enclosed within exterior
walls, or within exterior party walls, and a roof, affording shelter
to persons, animals or property.
That space of a building that is partly or entirely below
grade, which has more than half of its height, measured from floor
to ceiling, below the average established curb level or finished grade
of the ground adjoining the building.
A building containing not more than one dwelling unit, occupied
exclusively for residential purposes.
A building containing not more than two dwelling units, occupied
exclusively for residential purposes.
One or more rooms with a separate entrance and with provisions
for living, cooking, sanitary and sleeping facilities arranged for
the use of one family only.
A way of departure from the interior of a building or structure
to the exterior at street or grade, including doorways, passageways,
hallways, corridors, stairways, ramps, fire escapes and all other
elements necessary for egress or escape.
A household constituting a single housekeeping unit, occupied
by one or more persons related by blood or marriage.
A specification, code, rule, guide or procedure in the field
of construction, or related thereto, recognized and accepted as authoritative.
Natural surface of ground, or surface of ground after completion
of any change of contour, abutting a building or premises.
Space occupied by one or more persons for living, sleeping,
eating or cooking. Kitchenettes shall not be deemed to be "habitable
space." (See the definitions of "nonhabitable space," "public space"
and "exit.")
The presence, within or contiguous to a dwelling, dwelling
unit or premises, of insects, rodents, vermin or other pests.
Space, 60 square feet or more in floor area, with a minimum
width of five feet, used for cooking or preparation of food.
Space, less than 60 square feet in floor area, used for cooking
or preparation of food.
Occupancy of a building in part for residential use and in
part for some other use not accessory thereto.
A building containing three or more dwelling units; garden
apartments; or buildings of mixed occupancy.
See "multiple dwelling."
A county, town or Village.
Space used as kitchenettes; pantries; bath, toilet, laundry,
rest, dressing, locker, storage, utility, heater and boiler rooms;
closets and other spaces for service and maintenance of the building;
and those spaces used for access and vertical travel between stories.
(See the definitions of "habitable space," "public space" and "exit.")
The water supply system, the drainage system, the vent system
and the fixtures and traps, including their respective connections,
devices and appurtenances within the property lines of the premises.
Water which is approved for drinking, culinary and domestic
purposes.
Space within a building for public use, such as business
areas, lobbies and lounges; reception, ball-, meeting, lecture and
recreation rooms; banquet and dining rooms and their kitchens; and
swimming pools.
Liquid waste containing animal or vegetable matter in suspension
or solution and which may include industrial wastes and liquids containing
chemicals.
Any combination or assembly of materials, no matter what
the nature of those materials, forming a construction framed of component
parts, the use of which requires location on the ground or attachment
to something having location on the ground, including, but not limited
to, buildings, fences, arbors, lattice, pagoda, portico, gazebo, walls,
gates, gate posts, platforms, stands, pools, porches, sheds, barns,
shelters, signs, signposts, standpipes, tanks, radio towers, radio
antennas, television towers, television antennas, parabolic or hemispheric
discs or dishes or other similar convex or concave antennas (but excluding
conventional television and radio aerials), tents, hedgerows, plant
rows, trellises and the like.
[Amended 4-14-2003 by L.L. No. 3-2003]
Enclosed space, containing one or more water closets, which
may also contain one or more lavatories, urinals and other plumbing
devices or fixtures. (See the definition of "bathroom.")
Supply and removal of air to and from a space by natural
or mechanical means.
Ventilation by power-driven means.
Ventilation by opening to outer air through windows, skylights,
louvers or stacks, with or without wind-driven devices.
