A.
Whenever the words "dwelling," "dwelling unit," "rooming
house," "rooming unit" or "premises" are used in this chapter, they
shall be construed as though they were followed by the words "or any
part thereof."
B.
BASEMENT
CELLAR
DWELLING
DWELLING UNIT
ENFORCEMENT OFFICER
EXTERMINATION
GARBAGE
HABITABLE ROOM
HEARING OFFICER
INFESTATION
MULTIPLE DWELLING
OCCUPANT
OPERATOR
ORDINARY MINIMUM WINTER CONDITIONS
OWNER
(1)
(2)
PLUMBING
ROOMING HOUSE
ROOMING UNIT
RUBBISH
STRUCTURE
SUPPLIED
TEMPORARY HOUSING
UNOCCUPIED HAZARD
The following definitions shall apply in the interpretation
and enforcement of this chapter:
A portion of a building located partly underground, but having
less than half its clear floor-to-ceiling height below the average
grade of the adjoining ground.
A portion of a building located partly or wholly underground
and having half or more than half of its clear floor-to-ceiling height
below the average grade of the adjoining ground.
Any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants, provided that temporary
housing as hereinafter defined shall not be regarded as dwelling.
Any room or group of rooms located within a dwelling and
forming a single habitable unit, with facilities which are used or
intended to be used for living, sleeping, cooking and eating.
The Building Inspector of the Village or such other person
or persons as may be designated by the Mayor and/or the Board of Trustees.
The control and elimination of insects, rodents or other
pests 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 recognized and legal
pest elimination methods approved by the enforcement officer.
The animal or vegetable waste resulting from handling, preparation,
cooking and consumption of food.
A room or enclosed floor space used or intended to be used
for living, sleeping, cooking or eating purposes, excluding bathrooms,
water closet compartments, laundries, pantries, foyers or communicating
corridors, closets and storage spaces.
The Mayor or such person as may be designated by him.
The presence within or around a dwelling of any insects,
rodents or other pests.
Any dwelling containing more than two dwelling units.
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 building,
or part thereof, in which dwelling units or rooming units are let.
The temperature 15° F. above the lowest recorded temperature
for the previous ten-year period.
Any person who, alone or jointly or severally with others:
Shall have legal title to any dwelling or dwelling
unit, with or without accompanying actual possession thereof; or
Shall have charge, care or control of any dwelling
or dwelling unit as owner or agent of the owner or as executor, executrix,
administrator, administratrix, trustee or guardian of the estate of
the owner. Any such person thus representing the actual owner shall
be bound to comply with the provisions of this chapter and rules and
regulations adopted pursuant thereto to the same extent as if he were
the owner.
All of the following supplied facilities and equipment: gas
pipes, gas-burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes-washing machines, catch
basins, drains, vents and any other similar supplied fixtures, together
with all connections to water, sewer or gas lines.
Any dwelling, or that part of any dwelling, containing one
or more rooming units, in which space is let by the owner or operator
to three or more persons who are not the husband or wife, son or daughter,
mother or father or sister or brother of the owner or operator.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking
or eating purposes.
Combustible or noncombustible waste materials, except garbage,
including the residue from the burning of wood, coal, coke and other
combustible material, paper, rag, cartons, boxes, wood, excelsior,
rubber, leather, tree branches, yard trimmings, tin cans, metals,
mineral matter, glass crockery and dust.
A combination of materials, other than a building, to form
a construction that is safe and stable and includes, among other things,
stadiums, gospel and circus tents, reviewing stands, platforms, stagings,
observation towers, radio towers, sheds, storage bins, walls, fences
and display signs. The term "structure" shall be construed as if followed
by the words "or part thereof."
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 utilities system on the
same premises for more than 30 consecutive days.
Any building or part thereof situated within one or more
residential zoning districts or within 1,000 feet of any residential
zoning district or public building, 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 two years or more.
The provisions of the State Uniform Fire Prevention
and Building Code, the zoning ordinances of the Village,[1] the Multiple Residence Law of the State of New York where
applicable and any other state or local law, ordinance or regulation
issued by the proper authorities thereof shall be applicable for all
installations, alterations and repairs to buildings and materials,
assemblies and equipment utilized in connection therewith.
[1]
Editor's Note: See Ch. 250, Zoning.
In any case where a provision of this chapter
is found to be in conflict with a provision of any zoning, building,
fire, safety or health ordinance or code of the Village existing on
the effective date of this chapter, the provision which establishes
the higher standard for the promotion and protection of the health
and safety of the people shall prevail; in any case where a provision
of this chapter is found to be in conflict with a provision of any
legislation or code of the Village existing on the effective date
of this chapter which establishes a lower standard for the promotion
and protection of the health and safety of the people, the provisions
of this chapter shall be deemed to prevail, and such other legislation
or codes are hereby declared to be repealed to the extent that they
may be found in conflict with this chapter.
This chapter shall apply to premises within
the Village as follows:
A.
Lots, plots or parcels of land which are vacant or
upon which buildings used for dwellings, mixed occupancy, commercial,
industrial or storage uses, whether occupied or vacant, are located.
B.
Residential buildings, including private dwellings
and multiple dwellings, unless specifically excluded.
C.
Buildings of mixed occupancy, occupied in whole or
in part.
D.
Commercial, industrial and storage buildings.
E.
Vacant residential, mixed occupancy, commercial, industrial
and storage buildings.
F.
Residential, mixed occupancy, commercial, industrial
and storage buildings which are under construction or demolition,
including buildings not completed, to the extent that a nuisance or
practice exists or is being carried out which is a disturbance to
the public health, safety or welfare.
G.
Accessory structures, accessory to dwellings or commercial,
industrial or vacant buildings.
Notwithstanding the availability of other remedies
for the enforcement of the provisions contained in any legislation
or code of the Village and in any other state or local law, ordinance
or regulation enforced by the Village, the remedies and enforcement
procedures as set forth in this chapter are made available to enforce
the provisions of the aforesaid legislation, codes and laws and shall
be deemed cumulative to other enforcement procedures and remedies.