It is hereby found and declared that there exist in the Village of Manorhaven structures used for human habitation which are or may become in the future substandard with respect to structure, equipment or maintenance, and, further, that such conditions, together with inadequate provision for light and air, insufficient protection against fire hazards, lack of proper heating, unsanitary conditions and overcrowding, constitute a menace or nuisance to the health, safety, morals, welfare and reasonable comfort of its citizens. It is further found and declared that the existence of such conditions, factors or characteristics will, if not remedied, create slum and blighted areas requiring large-scale clearance, and, further, that in the absence of corrective measures, such areas will experience a deterioration of social values, a curtailment of investment and tax revenue and an impairment of economic values. It is further found and declared that the establishment and maintenance of minimum housing standards is essential to the prevention blight and decay and the safeguarding of public health, safety, morals and welfare.
The purpose of this chapter is to protect the public health, safety, morals and welfare of the people of the Village of Manorhaven by establishing minimum standards governing the conditions, occupancy and maintenance of dwellings, dwelling units, rooming units and premises, vacant structures, and industrial, commercial and storage buildings; establishing minimum standards governing utilities, facilities and other physical components and conditions essential to making dwellings, dwelling units, rooming units and premises safe, sanitary and fit for human habitation; fixing certain responsibilities and duties of owners, operators, agents and occupants of dwellings, dwelling units and rooming units; authorizing and establishing procedures for the inspection of dwellings, dwelling units and rooming units and for the condemnation and vacation of those dwellings, dwelling units and rooming units unfit for human habitation; and fixing penalties for the violations of the provisions of this chapter. This chapter is hereby declared to be remedial and essential to the public interest, and it is intended that this chapter be liberally construed to effectuate the purposes as stated above.
Every portion of a building or premises used or intended to be used for any dwelling purpose, except temporary housing shall comply with the provisions of this chapter, irrespective of when such building shall have been constructed, altered or repaired and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or premises, for the construction or repair of the building or for the installation or repair of equipment or facilities prior to the effective date of this chapter. This chapter establishes minimum standards for the initial and continued occupancy of all buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of building equipment or facilities, except as provided in § 82-4.
In any case where a provision of this chapter is found to be in conflict with a provision of any Zoning, Building, Electrical, Plumbing, Fire, Safety or Health Ordinance, or any regulation adopted pursuant thereto, or any other ordinance, code or regulation of the Village of Manorhaven, the provision which establishes the highest standard shall prevail.
All departments, officials and employees of the Village of Manorhaven who have the duty or the authority to issue permits or licenses in regard to the construction, installation, repair, use or occupancy of dwellings, dwelling units or rooming units, equipment or facilities shall conform to the provisions of this chapter, and no such permit or license shall be issued if such would be in conflict with this chapter, except as provided in § 82-4.
This chapter shall not affect violations of any other ordinance, code or regulation of the Village of Manorhaven existing prior to the effective date of this chapter, and such violation shall be governed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed.
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 main building and which is attached thereto or located on the same premises.
As applied to a building or structure, the change or rearrangement of the structural parts, or any enlargement, whether by extending on any side or by increasing in height, or the moving from one location to another. It does not include ordinary repairs to buildings or structures.
A room or suite of two or more rooms occupied or intended to be occupied as the home or residence of an individual, family or household.
Approved by the Building Inspector under the provisions of this chapter or the rules and regulations adopted pursuant thereto, or approved by an authority designated by law or by this chapter.
The means and materials approved by the Manager of the Building Department of the Village of Manorhaven.
The portion of the building that is partly underground and which has more than 1/2 its height, measured from clear floor to ceiling, above the average finished grade of the ground adjoining the building.
Enclosed space containing one or more bathtubs or showers, or both, and which may also include toilets, lavatories or fixtures serving similar purposes.
A combination of any materials, whether portable or fixed, having a roof, to form a structure affording shelter for persons, animals or property. The word "building" shall be construed, when used herein, as though followed by the words "or part or parts thereof" unless the context clearly requires a different meaning.
Lowermost portion of the building partly or totally underground, having half or more of its height, measured from clear floor to ceiling, below the average finished grade of the adjoining ground.
A required open and unoccupied space on the same lot and enclosed on at least three sides by walls of a building.
Building containing not more than two dwelling units occupied exclusively for residential uses. Residential uses shall include a private garage and customary home occupations conducted in the "dwelling" by the occupants, such as the practice of a profession.
Building containing not more than one dwelling unit occupied exclusively for residential purposes.
Building containing two dwelling units occupied exclusively for residential purposes.
One or more rooms with living, cooking, sanitary and sleeping facilities therein, arranged for one family with whom may reside not more than four lodgers or boarders.
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.
Open space on the premises and vacant open space on adjacent premises.
The control and elimination of insects, rodents and vermin by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other approved means of pest elimination.
Any number of individuals related by blood, marriage or legal adoption, living and cooking on the premises as a single housekeeping unit, or a group of not more than five persons living and cooking together on the premises as a single housekeeping unit.
The animal, vegetable and mineral waste resulting from the handling, preparation, cooking and consumption of food.
Natural surface of the ground, or surface of the ground after completion of any change in contour.
The total area of all habitable space.
Space occupied by one or more persons for living, sleeping, eating or cooking; excluding kitchenettes, bathrooms, toilet rooms, laundries, pantries, dressing rooms, storage space, foyers, hallways, utility rooms, heater rooms, boiler rooms and basement or cellar recreation rooms.
The presence, within or contiguous to a dwelling, dwelling unit, rooming unit or premises, of insects, rodents, vermin or other pests.
Any vehicle, including a trailer, which is without a currently valid license plate or plates and is in either a rusted, wrecked, discarded, dismantled, partly dismantled, inoperative or abandoned condition.
Space, 60 square feet or more in floor area, with a minimum width of five feet, used for cooking or preparation of food and deemed habitable space.
Space, less than 60 square feet in floor area, used for cooking or preparation of food and not deemed habitable space.
Plot, tract, premises or parcel of land with or without buildings or structures located thereon, as surveyed and apportioned for sale or other purpose.
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; a building containing living, sanitary and sleeping facilities occupied by one or two families and more than four lodgers residing with either one of such families; a building with one or more sleeping rooms, other than a one- or two-family dwelling, used or occupied by permanent or transient paying guests or tenants.
Rooms within a dwelling such as bathrooms, water closet compartments, laundries, serving and storage pantries, corridors, cellars and similar spaces that are not used frequently or during extended periods.
Any person over one year of age, living, sleeping, cooking or eating in or having actual possession of a dwelling unit or rooming unit.
Any person who has charge, care or control of a multiple residence in which dwelling units or rooming units are let or offered for occupancy.
Temperature based on the average of the low temperatures recorded in the area either during the last 25 years or as long as temperature records have been kept.
Owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building.
Pipes, fixtures and other apparatus for supplying water for consumption or for the conveyance of waste and drainage.
Water duly approved as satisfactory and safe for drinking.
A lot, plot or parcel of land, including the buildings or structures thereon.
A one- or two-family dwelling occupied exclusively for residence purposes by one or two families, respectively, as defined hereinabove.
Sewer operated by a public authority or public utility and available for public use.
Space within a residential building for public use, such as lobbies, lounges, reception, ball, meeting, lecturer and recreation rooms, banquet and dining rooms and their kitchens, and swimming pools.
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.
Waste from a flush toilet, bath, sink, lavatory, dishwashing or laundry machine, or the water-carried waste from any other fixture or equipment or machine, which may include industrial wastes and liquids containing chemicals.
Combination of any materials, whether fixed or portable, forming a construction, including buildings. The word "structure" shall be construed as though followed by the words "or part or parts thereof."
Facilities paid for, furnished or provided by or under the control of the owner or operator.
Any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utility system for more than 30 consecutive days. Any tent, trailer or other structure occupied for more than 30 consecutive days shall meet all requirements of this chapter.
Enclosed space containing one or more toilets, which may also contain one or more lavatories, urinals and other plumbing fixtures.
Any building or part thereof situated within one or more residential zoning districts or within 1,000 feet of any residential zoning district, which remains unoccupied for a period of more than two years, with either doors, windows or other openings broken, removed, boarded or sealed up; or any building under construction upon which little or no construction work has been performed for a period of more than two years.
Supply and removal of air to and from any space by natural or mechanical means.
Ventilation by power-driven devices.
Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks with or without wind-driven devices.
An open space on the same lot as contains a building and located between the building line and the lot line which the particular building line faces.