This chapter shall be known as "Standards for
Rental or Unoccupied Premises in the Town of Evans, New York."
A.
This chapter is enacted in recognition of the fact
that there exist in the Town of Evans structures rented or leased
for human habitation and necessary use 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 to the health, safety, morals, welfare and reasonable comfort
of its citizens; and that unoccupied structures tend to become substandard
and a public nuisance; and, further, that the existence of such conditions,
factors or characteristics will, if not remedied, create slum and
blighted areas requiring large-scale clearance; and, in the absence
of corrective measures, that such areas will be affected by a curtailment
of investment and tax revenue and an impairment of economic values;
and that the establishment and maintenance of standards is essential
to the prevention of blight and decay and the safeguarding of public
health, safety, morals and welfare.
B.
The purpose of this chapter is to provide basic and
uniform standards, in terms of performance objectives implemented
by specific requirements, governing the condition, occupancy and maintenance
of rental premises and unoccupied premises and establishing reasonable
safeguards for the safety, health and welfare of the occupants and
users of rental premises, the community and the general public.
A.
No person shall rent, or offer to rent or lease, any
premises, with or without furnishings, unless such premises and its
furnishings are in a clean, safe and sanitary condition and in full
compliance with the provisions of minimum standards of this chapter,
in repair and free from rodents or vermin, and a permit therefor,
as provided herein, shall have been obtained.
B.
No person shall maintain, as owner, lessee, agent,
operator, contract purchaser or other holder of property, any structure
or building not occupied by any person, or any foundation or excavation
not being worked upon in the course of some construction by any person,
where the condition thereof is unsafe, unfit or hazardous.
This chapter shall apply to rental residential
premises and unoccupied residential premises, as follows:
A.
Lots, plots or parcels of land on which residential
buildings, buildings of varied occupancy or accessory structures are
located.
B.
Residential buildings, including one- and two-family
dwellings and multiple dwellings, as defined herein.
C.
Residential occupancies in buildings of mixed occupancy.
D.
Accessory structures accessory to residential occupancies.
Where a provision of this chapter is found to
be in conflict with a provision of a zoning, building, health or other
regulation adopted pursuant thereto or other local law, ordinance,
code or regulation, the provision or requirement which is the more
restrictive or which establishes the higher standard shall prevail.
Nothing in this chapter shall be deemed to abolish
or impair existing remedies of the Town of Evans relating to the removal
or demolition of any buildings which are deemed to be dangerous, unsafe
or unsanitary or otherwise subject to lawful removal or demolition
pursuant to law.
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
residential building and which is located on the same premises.
A use, occupancy or tenancy customarily incidental to the
principal use or occupancy of a premises.
That space of a building that is partly below grade, which
has 1/2 its height or more, measured from floor to ceiling, above
the average established curb level or the finished grade of the ground
adjoining the building.
[Amended 12-15-1993 by L.L. No. 13-1993]
An enclosed space containing one or more bathtubs or showers,
or both, and which may also contain water closets, lavatories or fixtures
serving similar purposes.
A structure wholly or partially enclosed within exterior
walls, or within exterior or 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 1/2 of its height, measured from floor
to ceiling, below the finished grade of the ground adjoining the building.
All portions of the premises used in common by the occupants
of a building housing more than one habitation and not under the exclusive
control of the tenant of any one habitation.
A building containing not more than one dwelling unit occupied
exclusively for residential purposes.
A building containing not more than two dwelling units occupied
or designed exclusively for residential purposes by not more than
two families, each with separate household arrangements.
One or more rooms with proper provision for living, cooking,
sanitary and sleeping facilities arranged for the use of one family.
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.
Space occupied by one or more persons for living, sleeping,
eating or cooking.
The presence, with or contiguous to a dwelling, dwelling
unit, lodging house, lodging 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.
A dwelling used primarily for the purpose of furnishing lodging
to 15 or fewer transient occupants, with or without meals from a common
dining area for compensation.
[Amended 12-15-1993 by L.L. No. 13-1993]
A room or group of rooms, each forming a single habitable
unit, used or intended to be used for lodging.
Occupancy of a building in part for residential use and in
part for some other use not accessory thereto.
[Amended 12-15-1993 by L.L. No. 13-1993]
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 two roomers
or 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.
A building with sleeping accommodations for
more than five persons, used or occupied as a club, dormitory, fraternity
or sorority house or for similar uses.
Space used as garages, carports, porches, kitchenettes, pantries,
bath, toilet, laundry, rest, dressing, locker, storage, utility, heater
and boiler rooms and closets and other spaces for service and maintenance
used for access and vertical travel between stories.
[Amended 12-15-1993 by L.L. No. 13-1993]
The water supply system, the drainage system, the vent system,
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.
A lot, plot or parcel of land, including the buildings and
structures thereon.
Space within a residential building for public use, such
as lobbies, lounges, reception, ball, meeting, lecture and recreation
rooms, banquet and dining rooms and their kitchens and swimming pools.
Any premises occupied under or by virtue of a rental or lease
agreement, verbal or written, or where any sum or thing is paid for
occupancy or charge is made for use and/or occupancy or where occupancy
is pursuant to a contract of purchase, an installment payment contract
or free of payment by the occupant where payment is made by another
or any other occupancy or arrangement for charge of any kind.
[Amended 12-28-1972 by L.L. No. 7-1972; 12-15-1993 by L.L. No. 13-1993]
Liquid waste containing animal or vegetable matter in suspension
or solution and which may include industrial wastes and liquids containing
chemicals.
An assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
An enclosed space containing one or more water closets, which
may also contain one or more lavatories, urinals and other plumbing
fixtures.
Any structure or building not occupied by any person, or
any foundation or excavation not being worked upon in the course of
some construction by any person, where the condition thereof is unsafe,
unfit or hazardous.
Supply and removal of air to and from a space by natural
or mechanical means.
