The purpose of this article is to provide basic and uniform administration
of and compliance with applicable housing standards and to establish the responsibilities
of parties concerned therewith.
This article shall apply to administration of and compliance with applicable
housing standards.
This article shall not apply to premises which are not within the scope
of applicable housing standards.
A.
The town office of Building Inspector shall be the agency
to administer and secure compliance with the applicable housing standards
of this chapter.
B.
Said agency shall be under the direction and charge of
the Town Building Inspector, who shall have as his representatives such assistants
and inspectors as may be necessary to carry out effectively the powers and
duties of the agency.
C.
All personnel of the agency shall be qualified and appointed
as prescribed by local law and shall be furnished with appropriate official
badges or identification cards.
D.
All personnel of the agency shall be free from personal
liability for acts done in good faith in the performance of their official
duties.
A.
The agency shall be charged with the duty of administering
the applicable housing standards and securing compliance therewith and shall
be empowered to adopt rules and regulations necessary for securing such compliance
and for its own organization and internal management, provided that such rules
and regulations shall not be in conflict with the applicable housing standards.
B.
Said agency shall be authorized to conduct surveys of
housing in any area of the municipality to determine the condition of premises,
extent of deterioration, lack of facilities, inadequate maintenance, unsafe
and insanitary conditions, extent of overcrowding, land use and other relevant
factors.
C.
It shall be the duty of the chief officer thereof:
(1)
To cause periodic inspections to be made, not less than
once every five years, of all premises within the scope of applicable housing
standards.
(2)
To cause an investigation of all complaints of alleged
housing violations or other unsafe or insanitary conditions.
(3)
To order, in writing, the remedying of all conditions
found to exist in or on any premises in violation of provisions of the housing
standards or of rules and regulations adopted by the agency; to state in the
violation order a reasonable time limit for compliance therewith, and, where
necessary, to order the vacation of premises found unfit for human habitation.
(4)
To request the chief legal officer of the municipality
to take appropriate legal action in the name of the agency upon failure of
the responsible party to comply with such violation order within the time
specified therein.
(5)
To cause a search of the agency's records of housing
violations existing on any premises and to issue a certified statement thereof
upon receipt of written request and payment of any fees required by local
law or ordinance.
(6)
To study housing conditions in the municipality.
(7)
To cooperate with other municipal, governmental and private
agencies engaged in the study and improvement of housing conditions.
(8)
To publish an annual report of housing conditions in
the municipality, accomplishments of the agency and recommendations for the
future.
D.
Where violations of the housing standards exist and pose
an immediate hazard or danger to the health, safety or welfare of building
occupants or of the public, the chief officer may issue an order citing the
violation and directing such action by such municipal agency as is necessary
to remove or abate the immediate hazard or danger.
A.
Town Building Inspectors shall be authorized and have
the right, in the performance of their duties, to enter any premises during
normal business hours and in emergencies whenever necessary to protect the
public interest.
B.
Owners, agents, operators and occupants shall be responsible
for providing access to all parts of the premises within their control to
authorized agency personnel acting in the performance of their duties.
The agency shall keep records of all complaints received, inspections
made and violations found regarding premises regulated by the housing standards.
Records shall be kept in a manner and form as prescribed by local law and
shall be available for public inspection.
A.
Owners of premises shall be responsible for compliance
with the housing standards and shall remain responsible therefor regardless
of the fact that this chapter may also place certain responsibilities on operators
and occupants and regardless of any agreements between owners and operators
or occupants as to which party shall assume such responsibility.
B.
Owners of premises shall be responsible for proper maintenance,
condition and operation of service facilities and for furnishing adequate
heat and hot water supply in multiple dwellings.
Lodging house operators shall be responsible for compliance with the
housing standards in regard to the following:
A.
Limiting occupancy to the maximum permitted by the housing
standards.
B.
Maintenance of safe and sanitary conditions in all parts
of lodging house premises.
C.
Maintenance and operation of all required service facilities.
D.
Maintenance of all plumbing, cooking and refrigeration
fixtures and appliances within his control, as well as other building equipment
and facilities, in an operative, clean and sanitary condition.
E.
Sanitary maintenance of walls, floors and ceilings.
F.
Keeping exits clear and unencumbered.
G.
Disposal of building garbage and refuse in a clean and
sanitary manner.
H.
Extermination of insects, rodents or other pests on the
premises.
I.
Hanging and removing required screens.
Occupants of dwelling units shall be responsible for compliance with
the housing standards in regard to the following:
A.
Limiting occupancy of that part of the premises which
he occupies or controls to the maximum permitted by the housing standards.
B.
Maintenance of that part of the premises which he occupies
or controls in a clean, sanitary and safe condition.
C.
Maintenance of all plumbing, cooking and refrigeration
fixtures and appliances, as well as other building equipment and storage facilities
in that part of the premises which he occupies or controls, in a clean and
sanitary condition, and providing reasonable care in the operation and use
thereof.
D.
Keeping exits from his dwelling unit clear and unencumbered.
E.
Disposal of garbage and refuse into provided facilities
in a clean and sanitary manner.
F.
Extermination of insects, rodents or other pests within
his dwelling unit if his unit is the only one infested in the premises.
G.
Hanging and removing required screens.
H.
Keeping his domestic animals and pets in an appropriate
manner and under control.
The orders in writing directing that conditions in violation of the
provisions of this chapter or of the rules and regulations adopted by the
office of Building Inspector be remedied shall be served upon the owner, operator
or occupant of the premises either by personally serving the same in the same
manner as for service of a summons in the State of New York or by posting
a copy of the order at the front entrance of the premises and by mailing a
copy to the owner, operator or occupant, directed to his last known address.
The address of the owner as appearing on the assessment roll of the town shall
be deemed sufficient for mailing to an owner.
A.
Any person who commits or permits any acts in violation
of any of the provisions of this chapter, or who fails to comply with the
provisions of an order in writing herein provided for, directing
that conditions found to exist in violation of the provisions hereof be remedied,
shall be deemed to have committed an offense against this chapter and shall
be liable for the penalties provided. A separate offense against this chapter
shall be deemed committed on each day during or on which a violation occurs
or continues. A separate penalty may be imposed for each separate offense.
B.
For each violation of a provision of this chapter the
person violating same shall be subject to a fine of not more than $50 or imprisonment
not to exceed six months, or to both such fine and imprisonment.
C.
Any person violating this chapter shall be subject to
a civil penalty enforceable and collectible by the town in the amount of $50
for each offense.
D.
In addition to the above-provided penalties, the Town
Board may also maintain an action or proceeding in the name of the town in
a court of competent jurisdiction to compel compliance with or to restrain
by injunction the violation of such chapter.
