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.
Nothing in this chapter shall be deemed to abolish or impair existing
remedies of the Village of Manorhaven or its officers or agencies relating
to the removal or demolition of any buildings which are deemed to be dangerous,
unsafe or unsanitary.[1]
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.
