[HISTORY: Adopted by the Council of the City
of New Rochelle 6-16-1987 by Ord. No. 174-1987. Amendments noted where
applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 81.
Building construction — See Ch. 111.
Fees — See Ch. 133.
Fire prevention — See Ch. 147.
Fumigation and extermination — See Ch. 154.
Multiple dwellings — See Ch. 209.
Plumbing and drainage — See Ch. 242.
Property maintenance — See Ch. 250.
Abandoned vehicles and property — See Ch. 309.
[Amended 3-18-2003 by Ord. No. 63-2003]
This chapter shall be known as the "New Rochelle
Housing Code." It shall incorporate the standards found in the Property
Maintenance Code of New York State, which shall be referred to in
this chapter as the "State Code."
It is hereby declared that the purpose of this
chapter is to protect, preserve and promote the physical and mental
health and social well-being of the people, to minimize the incidence
of communicable disease, to regulate privately and publicly owned
dwellings for the purpose of maintaining adequate sanitation and public
health and to protect the safety of the people and to promote the
general welfare by regulations which shall be applicable to all dwellings
now in existence or hereafter constructed. It is hereby further declared
that the purpose of this chapter is to ensure that the quality of
housing is adequate for the protection of public health, safety and
general welfare. The achievement of this purpose includes the establishment
of minimum standards for basic equipment and facilities for healthful
living, such as adequate water, waste disposal, bathroom facilities,
light, ventilation, heating and cooling, for safety from fire and
accidents, for the use and location and amount of space for human
occupancy and for an adequate level of maintenance, setting forth
the responsibilities for owners, operators and occupants of dwellings
and establishing the necessary provisions for administration and enforcement.
[Amended 4-17-2007 by Ord. No. 80-2007]
The Building Official is hereby designated as
the code enforcement officer and shall be responsible for enforcement
of the Housing Code. A code enforcement officer may act as the Building
Official's agent in his or her absence. All code enforcement officers
of the New Rochelle Building Bureau may perform inspections, issue
orders for the correction of violations and investigate complaints.
[Amended 5-20-1997 by Ord. No. 101-1997]
A.
The service of orders for the correction of violations
of this code or of any notices provided for in this code or required
herein shall be made upon the owner of the premises involved, unless
the premises is owned by one person and occupied by another, and,
in such case, upon the owner and the occupant or tenant thereof or
the managing agent of the premises. Service may be made upon such
person personally or by registered mail directed to the last known
address or, in the case of an owner, to the mailing address given
in the records of the tax office of the City of New Rochelle to which
tax bills relating to the property involved are mailed.
B.
If buildings or other premises are owned by one person
and occupied by another under lease or otherwise, the orders issued
in connection with the enforcement of the Fire Prevention Code shall
apply to the occupant thereof and the owner.
C.
The owner of a premises who does not reside in Westchester
County shall designate a local representative in Westchester County
to receive service of orders made under this chapter.
A.
The Building Official and any other person authorized
by him or her to do so may, without fee or hindrance, make inspections
to determine the condition of dwellings, dwelling units, rooming houses,
rooming units and the premises on which they are located in order
to fulfill the purpose of this chapter.
[Amended 4-17-2007 by Ord. No. 80-2007]
B.
For the purpose of making such inspections, the inspector
is hereby authorized to enter, examine and survey all dwellings, dwelling
units, rooming houses, rooming units and the premises on which they
are located. Except for emergencies or where authorized by other law
or for the convenience of the occupant or owner, such inspections
shall be made between the hours of 8:00 a.m. and 5:00 p.m.
C.
The owner, the operator and the occupant shall give
the inspector free access to the dwelling, dwelling unit, rooming
house or rooming unit and the premises on which they are located for
the purpose of such an inspection.
D.
Every occupant of a dwelling or dwelling unit shall
give the owner thereof, or his agent or employees, access to any part
of such dwelling or dwelling unit or its premises at all reasonable
times for the purpose of making such repairs or alterations as are
necessary to effect compliance with the provisions of this chapter
or with any lawful rule or regulation adopted or any lawful order
issued pursuant to the provisions of this chapter.
[Amended 4-17-2007 by Ord. No. 80-2007]
A.
It shall be the duty of the Building Official to inspect
or cause to be inspected by the Building Bureau all buildings and
premises, as often as may be necessary for the purpose of ascertaining
and causing to be corrected any violations of the provisions or intent
of this code.
B.
The Building Official, upon complaint of any person
or whenever he or she shall deem it necessary, shall inspect any buildings
and premises within his or her jurisdiction.
[Amended 4-17-2007 by Ord. No. 80-2007]
The Building Official shall keep a record of
all activities, including but not limited to inspections, permits,
permit fees, licenses, license fees and complaints.
No person shall occupy or let to any other person
any dwelling, dwelling unit or room unless the same and the premises
are in compliance with the requirements of this chapter and all applicable
laws.
[Amended 1-16-1996 by Ord. No. 16-1996; 4-17-2007 by Ord. No. 80-2007]
A.
A fee shall be charged for all requested inspections and reinspections of dwelling units for violations under the provisions of this chapter, in conjunction with the leasing of such dwelling units. A request for inspection shall be made by the owner of the premises on a form approved by the Building Official. The fee for such requests shall be as set forth in Chapter 133, Fees.
A.
No person shall operate a rooming house unless he or she holds a valid rooming house permit issued by the Building Official in the name of the operator and for the specific dwelling or dwelling unit. The fee for such permit shall be as set forth in Chapter 133, Fees.[1]
[Amended 4-17-2007 by Ord. No. 80-2007]
B.
The operator must be a fit and proper person to operate
a rooming house, and the rooming house which he intends to operate
must be in compliance with the provisions of this chapter.
C.
This permit shall be displayed in a conspicuous place
within the rooming house at all times.
D.
No such permit shall be transferable. Every person
holding such permit shall give notice, in writing, to the Building
Official within 24 hours after having sold, transferred, given away
or otherwise disposed of ownership of, interest in or control of any
rooming house. Such notice shall include the name and address of the
person succeeding to the ownership or control of such rooming house.
[Amended 4-17-2007 by Ord. No. 80-2007]
E.
Every rooming house permit shall expire on December
31 of the year of issuance unless sooner suspended or revoked as hereinafter
provided.
F.
Modification, suspension or revocation.
(1)
The permit to operate a rooming house may be modified,
suspended or revoked by the Building Official or his or her designee.
Such action may be taken because of:
[Amended 4-17-2007 by Ord. No. 80-2007]
(a)
Failure to comply with one or more of the provisions
of this chapter.
(b)
Refusal to permit inspection.
(c)
Mistake in the issuance of the permit.
(d)
False statements on the application for the
permit.
(e)
The permittee's conviction of a crime.
(f)
Any act or conduct of the permittee which indicates
his unfitness to operate a rooming house.
(g)
Any activity which affects the safety or tranquility
of the surrounding community.
(h)
Any other good reason.
(2)
Before a permit may be modified, suspended or revoked,
the permittee shall have the opportunity to be heard, except that
a permit may be temporarily suspended pending a hearing.
[Amended 12-12-2022 by Ord. No. 2022-190]
It shall be the duty of every person who has contracted to furnish
heat or who is required by any contract, agreement, lease or other
arrangement or by law to heat or furnish heat to any building or part
thereof occupied as a place of habitation or occupied as a business
establishment or for public or governmental purposes where one or
more persons are employed to furnish heat to every occupied room in
such building or part thereof so as to maintain temperature.
[Amended 2-16-1993 by Ord. No. 44-1993; 2-16-1999 by Ord. No. 47-1999; 4-20-1999 by Ord. No. 102-1999; 3-18-2003 by Ord. No. 63-2003]
The term "nuisance" shall be held to embrace whatever is dangerous to human life or detrimental to health and shall include but not be limited to a public nuisance known at common law, statutory law and in equity jurisprudence and a dwelling as defined in the State Code that, in violation of this chapter or of any other state or local law, ordinance or regulation, does not have adequate egress, safeguards against fire, adequate electrical service, installation and wiring, structural support, ventilation, plumbing, sewerage or drainage facilities or water, is overcrowded or inadequately cleaned or lighted, is inadequately heated under the standards provided in § 174-11 of this chapter or is unoccupied for a period in excess of 180 continuous days or appears to be abandoned and the condition constituting such violation is dangerous to human life or detrimental to health. All such nuisances are hereby declared to be unlawful.
A.
Notice of nuisance.
[Amended 4-17-2007 by Ord. No. 80-2007]
(1)
Whenever the Building Official shall declare that
a dwelling or any portion thereof is a nuisance, he or she shall serve
a notice personally or by posting the same in a conspicuous place
upon the premises affected, and a copy thereof shall be mailed, on
the same day it is posted, to the owner at the address filed by him
or her in the Bureau of Buildings, and if his or her address is not
so filed in the Bureau of Buildings, then in such cases such notice
shall be sent by registered mail to his or her last known address
or place of residence or, if such address or place of residence is
not known, then to the address shown upon the records of the Department
of Finance, Tax Department, for the mailing of tax bills. In the case
of a corporate landlord, the notice shall be sent by registered mail
to the agent or principal of the corporation as specified in the records
of the Bureau of Buildings or upon the records of the Department of
Finance, or, if none is listed, the notice shall be posted on the
premises in question and mailed to the Secretary of State, agent of
said corporation. Such service shall be deemed sufficient.
(2)
Such notice shall recite the facts constituting such
nuisance, specifying in what respect the dwelling is dangerous to
human life or detrimental to health, and require the owner to remove
such nuisance within five days or, where an emergency exists creating
a situation imminently dangerous to human life or detrimental to health
as may be determined by the Building Official, within 48 hours or
such lesser period of time as the Building Official may determine.
Irrespective of any other remediation which may be required, if the
dwelling has not been occupied for 180 continuous days or is abandoned,
then the Building Official may require the owner to:
(3)
Such notice shall provide that if the owner fails
to remove such nuisance within such period of compliance so prescribed,
the Building Bureau may remove or cause the removal of such nuisance
by cleansing, repairing, providing fuel or water, vacating or demolishing
the dwelling or by taking such other corrective action deemed necessary
and shall notify the owner of his or her right to a hearing hereinafter
provided.
(4)
Wherever such notice is given, it shall specify that
the owner may request a hearing before the City Manager or the City
Manager's designee by written request filed, prior to the time set
for compliance, with the Building Official, and a hearing shall be
given such owner prior to expiration of the period for compliance
so prescribed.
(5)
Any such notice shall automatically become a final
order of the Building Official if a written request for a hearing
is not filed in the office of the Building Official prior to the expiration
of the period for compliance prescribed in such notice.
B.
Procedure if nuisance not removed by owner.
[Amended 4-17-2007 by Ord. No. 80-2007]
(1)
If such nuisance is not removed by the owner within the time heretofore prescribed, or work commenced therefor and diligently prosecuted, after service of such notice, where request for a hearing is not made, or within such further period of time not to exceed five days after a hearing held pursuant to request as provided in Subsection A, then the Building Official shall proceed with the removal of such nuisance forthwith as provided in the notice or order.
(2)
If the owner refuses to permit the Building Official
to remove or cause the removal of such nuisance by taking such corrective
action as may be necessary or interferes in any way with the Building
Bureau or causes the delay to the taking of corrective action, the
Building Official may cause such dwelling, in whole or in part, to
be vacated and sealed up or vacated and demolished, but in such case
the Building Bureau shall commence a special proceeding in the Supreme
Court for such relief. During the pendency of a proceeding to vacate,
seal up or demolish, the Building Bureau may obtain a temporary order
for the immediate vacating of such dwelling, upon proof of a present
danger to human life or detriment to health. In addition to the owner,
all tenants, mortgagees and lienors of record shall be necessary parties
to such special proceeding.
C.
Costs; additional remedies.
(1)
Any costs and expenses incurred by the City in connection
with proceedings to abate the nuisance, including the actual costs
of remediation, shall be assessed against the land on which the dwelling
is located, pursuant to the procedures set forth in Section 200(d)
of the City Charter. The Building Bureau shall keep a record of notices
and orders issued by the court, together with the items of cost incurred.
[Amended 4-17-2007 by Ord. No. 80-2007]
(2)
Notwithstanding the foregoing and in addition to any
remedy available, the Department may maintain an action against the
owner to recover the cost of executing such notice or order or orders.
D.
No owner or operator or occupant shall cause any service,
facility, equipment or utility which is required by the provisions
of this chapter to be removed from, shut off from or discontinued
for any occupied dwelling unit, except for necessary repairs, alterations
or emergencies. In the event of any such removal, shutoff or discontinuance,
the remedies provided above shall be applicable.
[1]
Editor's Note: Former § 174-13,
Modifications to state standards, was repealed 3-18-2003 by Ord. No.
63-2003.
[Added 7-21-1987 by Ord. No. 216-1987]
A.
Every dwelling unit shall contain at least 150 square
feet of floor space for the first occupant thereof and at least 100
additional square feet of floor space for every additional occupant
thereof, the floor space to be calculated on the basis of total habitable
room area.
B.
In every dwelling unit of two or more rooms, every
room occupied for sleeping purposes by one occupant shall contain
at least 70 square feet of floor space, and every room occupied for
sleeping purposes by more than one occupant shall contain at least
50 square feet of floor space for each occupant thereof.
[Added 7-21-1987 by Ord. No. 215-1987; amended 1-16-1996 by Ord. No. 15-1996; 3-18-2003 by Ord. No. 63-2003; 10-16-2007 by Ord. No. 238-2007]
Any person found guilty of an offense against
this chapter or the State Code shall be punishable by a fine of not
more than $2,500 for a first offense and not more than $5,000 for
a second or subsequent offense within three years of a first or other
offense of this chapter, or by imprisonment for not more than 15 days,
or both. Each and every day a violation continues shall be considered
a separate and additional violation.
[Added 6-21-1988 by Ord. No. 187-1988]
A.
Installation and maintenance required. Every person
who owns, manages or controls a multifamily dwelling as hereinafter
defined ("dwelling") shall provide, install and maintain a window
guard of a type acceptable to the Building Bureau of the City of New
Rochelle on all windows in each apartment where a child or children
10 years of age or under resides and on all windows in the common
public halls. It shall be the duty of each person required to provide,
install and maintain a window guard to ascertain whether such children
reside therein. Installation shall be made in accordance with specifications
provided by the Building Bureau. This section shall not apply to windows
that are a required means of egress from the dwelling.
[Amended 4-17-2007 by Ord. No. 80-2007]
B.
MULTIFAMILY DWELLING
STORY
Definitions. As used in this section, the following
terms shall have the meanings indicated:
[Amended 10-18-1994 by Ord. No. 234-1994]
A building or portion thereof containing three or more dwelling
units.
That portion of a building included between the surface of
any floor and the surface of the floor next above it. If there is
no floor above it, then it shall be the space between the floor and
ceiling next above it. A cellar shall not be counted as a "story"
in determining building height.
C.
Obstruction and interference. No one shall obstruct or interfere with the installation of the window guards required by Subsection A, nor shall any person remove such window guards.
D.
Installation and maintenance upon request or order.
(1)
Every person who owns, manages or controls a dwelling,
as defined herein, is required to provide, install and maintain window
guards when requested to, even when a child in the protected category
does not reside in the subject apartment, within 30 days of a written
request to do so.
(2)
Whenever a violation is found to exist, the Building
Bureau may order any person required to provide, install and maintain
window guards to do so. In the event that such order is not complied
with within five days after service thereof, the Building Bureau may
issue appearance tickets to enforce compliance with this section.
[Amended 4-17-2007 by Ord. No. 80-2007]
E.
Notification to tenants.
[Amended 4-17-2007 by Ord. No. 80-2007]
(1)
All leases offered to tenants of a dwelling must contain
a notice, conspicuously set forth therein, which advises them of their
rights to have window guards installed in their apartments and that
a copy of this section is contained in the office of the Building
Official of the City of New Rochelle.
(2)
Every person required to provide, install and maintain
window guards must cause to be delivered to each apartment within
the dwelling a notice advising the occupants of their rights to have
window guards installed in their apartments and that a copy of this
section is contained in the office of the Building Official of the
City of New Rochelle.
F.
Rules and regulations. The Building Bureau shall promulgate
such regulations as it deems necessary for there to be compliance
with the provisions of this section.
[Amended 4-17-2007 by Ord. No. 80-2007]
G.
Penalties.
(1)
Any offense against the provisions of this section shall be punishable as provided in § 174-15 of this chapter. Any person who neglects, refuses or fails to comply with any order or notice issued hereunder shall be guilty of an offense punishable by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or by both such fine and imprisonment. Each week's continued violation shall constitute a separate additional offense or violation.
[Amended 3-18-2003 by Ord. No. 63-2003]
(2)
Nothing in this section shall be construed as depriving
the City of New Rochelle of any other remedy available to it in cases
where there is a violation of this section.
