The purpose of this article is to provide minimum
standards, in terms of performance objectives implemented by specific
requirements, governing the condition, occupancy, per capita space
requirements and maintenance of multiple dwellings in the Town of
Niskayuna and establishing reasonable safeguards for the health, safety
and welfare of the users and occupants thereof.
A.Â
This article shall supplement the Multiple Residence
Law (Chapter 61-B of the Consolidated Laws of the State of New York),
as modified by the provisions applicable to multiple dwellings of
the State Uniform Fire Prevention and Building Code. Where a provision
in this article is found to be in conflict with any provision of said
law or code, the more-restrictive provision shall prevail when legally
permissible.
[Amended 11-19-1991 by L.L. No. 3-1991]
B.Â
Except as otherwise provided, wherever in this article
reference is made to "the provisions of this Article," such reference
shall include the applicable provisions of said law or code.
[Amended 11-19-1991 by L.L. No. 3-1991]
As used in this article, any word or phrase
which is defined in the Multiple Residence Law or the State Uniform
Fire Prevention and Building Code provisions applicable to multiple
dwellings has the meaning prescribed for such word or phrase in said
law or code, and, in addition, the following terms shall have the
meanings indicated:
A person designated by the lessor of a multiple dwelling
for service of any notice of violation or other service or process
pursuant to the provisions of this article.
The Town Board of the Town of Niskayuna.
A certificate of registration issued by the Building Inspector
pursuant to the provisions of this article.
More than one building, each used as a multiple dwelling,
and accessory structures, if there be any, under a single ownership.
Animal or vegetable waste resulting from the handling, preparation,
cooking, serving and nonconsumption of food.
The presence, within or contiguous to a building or dwelling
unit, of insects, rodents, vermin or other pests.
Any person occupying a dwelling unit in a multiple dwelling.
The owner or any other person who functions as the lessor
of dwelling units in a multiple dwelling or his designated representative.
The water supply system, drainage system, vent system, fixtures
and traps, including their respective connections and devices, within
the property lines of the premises.
Water which is approved for drinking, culinary and domestic
uses.
All putrescible and nonputrescible solids, except body wastes.
Liquid wastes containing animal and/or vegetable matter in
suspension or solution.
[Amended 11-19-1991 by L.L. No. 13-1991]
A.Â
Compliance with the provisions of this Article shall
include, as a minimum, maintenance of the multiple dwelling and grounds
thereof in compliance with: Table A, Space Requirements; Table B,
Structural Requirements; Table C, FireSafety Requirements; Table D,
General Property Maintenance Requirements; and Table E, Equipment
Requirements, which tables are a part of this Article as enacted,
and as such tables may be amended from time to time by the Town Board
of the Town of Niskayuna by local law or ordinance[1] and the applicable provisions of said Multiple Residence
Law and said State Uniform Fire Prevention and Building Code in effect
at the time the certificate of occupancy for the multiple dwelling
was issued.
[1]
Editor's Note: Tables A through E are located
at the end of this chapter.
B.Â
Installations, alterations and repairs to multiple
dwellings which are required to correct violations and materials,
assemblies and equipment utilized in connection therewith shall be
safe to persons and property. Conformity of such work, materials,
assemblies or equipment with applicable requirements of the State
Uniform Fire Prevention and Building Code and generally accepted standards
shall satisfy this requirement.
A.Â
At the time of letting or renting for occupancy of
any dwelling unit in a multiple dwelling, the operator shall assure
that said unit is clean, sanitary, fit for human occupancy and in
compliance with the provisions of this Article.
B.Â
The operator shall maintain at all times in a clean
and sanitary condition and in compliance with the provisions of this
Article that part or those parts of the multiple dwelling which constitute
public space and nonhabitable space not part of any dwelling unit.
C.Â
The occupant of each dwelling unit shall maintain
in a clean and sanitary condition that part of the multiple dwelling
which he occupies and controls.
D.Â
The occupant of each dwelling unit shall dispose of
rubbish and garbage in a clean, safe and sanitary manner, and the
operator shall supply facilities for the sanitary and safe disposal
of rubbish and garbage.
E.Â
The occupant of a dwelling unit shall be responsible
for the extermination of insects and/or rats within his dwelling unit
whenever his dwelling unit is the only one infested. In the event
of infestation of more than one dwelling unit in a multiple dwelling,
the operator shall be responsible for extermination.
F.Â
The occupant of a dwelling unit shall keep the supplied
fixtures and facilities in a clean and sanitary condition and shall
exercise reasonable care in the proper use and operation thereof.
G.Â
The operator shall post in a conspicuous place in
each multiple dwelling the current name, address and telephone number
of the person to whom an occupant may communicate complaints or requests
for repair and shall keep or cause to be kept a written record of
occupant complaints and requests for repair. Such record shall be
made available to the Building Inspector or any Fire Department inspector
upon request.
A.Â
No building in the Town of Niskayuna may be used as
a multiple dwelling unless the building is registered with the Building
Inspector, and no operator may let or rent to any person any dwelling
unit in a multiple dwelling unless a valid certificate of registration
issued by the Building Inspector is in effect for the multiple dwelling
at the time of said letting or renting.
B.Â
Registration of a multiple dwelling may be made by
filing with the Building Inspector the information specified in § 300
of the Multiple Residence Law and, in addition, the name and address
of an agent for service of any notice of violation and for service
of process pursuant to this Article. Said agent shall be a resident
of the County of Schenectady. Service on the agent of record shall
be effective service on the operator as required by any provision
of this Article. In the event that such agent is changed or terminated
or ownership of the multiple dwelling is transferred, the Building
Inspector shall be advised within seven days. Failure to advise the
Building Inspector of such change, termination or transfer or failure
to designate a new agent shall be a violation of this Article.
C.Â
Upon application by the operator on a form approved
by the Town Board and the payment by the operator of a fee established
by resolution of the Town Board, the Building Inspector shall issue
or renew a certificate of registration for a multiple dwelling, except
that no such certificate shall be issued or renewed unless the multiple
dwelling is found after inspection by the Building Inspector to be
in compliance with the provisions of this Article; provided, however,
that no such inspection shall be required for renewal if no notice
of violation for a rent-impairing violation shall have been issued
against any multiple dwelling in the complex of which the multiple
dwelling is a part in the 12 months prior to the renewal date; and
provided further that each multiple dwelling is inspected at least
once every three years.
D.Â
The certificate of registration shall be valid for
a period of one year from its date of issuance, unless sooner revoked,
and may be renewed for successive periods of one year; provided, however,
that no certificate of registration shall be renewed unless application
for renewal is made within 30 days prior to expiration of the present
certificate of registration.
E.Â
No certificate of registration shall be transferable
to another person or to another multiple dwelling.
A.Â
The Building Inspector or any Fire Department inspector,
pursuant to Subdivision 4 of § 303 of the Multiple Dwelling
Law, may inspect any multiple dwelling in the Town of Niskayuna at
any reasonable time, with or without prior notice to the operator,
whether or not a complaint against the building has been filed.
B.Â
In the event that the Building Inspector or any Fire
Department inspector finds any condition in or on the premises of
any multiple dwelling in violation of any provision of this Article,
the Building Inspector shall issue a notice of violation and order
of abatement by serving such notice and order personally or by registered
or certified mail on the current agent for service shown in the records
of the Building Inspector, and a true copy thereof shall be posted
on the day of mailing by the Building Inspector in a conspicuous place
in the multiple dwelling affected. Said notice and order shall remain
so posted for as long as the violation remains unabated.
[Amended 7-9-1981 by L.L. No. 3-1981]
C.Â
In cases of emergency which, in the opinion of the
Building Inspector, require immediate action to abate a direct hazard
or imminent danger to the health, safety or welfare of the occupants
of a building or of the public, the Building Inspector may declare
that the multiple dwelling is a nuisance and proceed to enforce the
notice and order under the procedure set forth in § 305
of the Multiple Residence Law.
D.Â
In cases which do not constitute an emergency or a
nuisance, the notice of violation and order of abatement shall specify
the nature and location of each violative condition, the provision
of this Article which each condition violates and designate a reasonable
time, not less than 30 days, for the abatement of each violative condition.
E.Â
In the event that the operator cannot be found at
his last known address within the time limit set for abatement of
violations or if the operator otherwise fails, neglects or refuses
to abate the said violations, the Building Inspector shall:
(1)Â
Advise the Town Attorney of all facts in the case
and shall institute appropriate action in the courts to compel compliance;
and
(2)Â
Petition the Board of Housing Standards Appeals to revoke the certificate of registration for the multiple dwelling for which the notice of violation has been issued. Upon receipt of the petition, the Board shall follow the procedure set forth in § 75-28 for appeals. After the hearing, the Board may revoke the certificate of registration, in which event the Building Inspector shall so notify the agent, post notice of the same in the building affected with the notice of violation and on the entrance door to each vacant dwelling unit in the building, which notice shall state:
|
The certificate of registration for this building
has been revoked for failure to abate a violation of Town of Niskayuna
law. No dwelling unit in this building may be leased or rented until
all violations are abated.
|
F.Â
If a notice of violation is issued for a rent-impairing
violation, the notice shall state that the abatement of rent procedures
specified in Subdivision 3 of § 305-a of the Multiple Residence
Law are applicable thereto.
A.Â
The operator or any occupant of any multiple dwelling
for which a notice of violation and order of abatement are issued
for failure to comply with any provision of this Article not referred
to in said Multiple Residence Law or said State Uniform Fire Prevention
and Building Code may appeal from the issuance of the notice and order
or any provision thereof, including the length of the abatement period,
by requesting a hearing before the Board of Housing Standards Appeals.
Such request for a hearing must be filed with the Building Inspector
within 10 days of the receipt of the notice of violation, shall be
in writing and shall set forth the reason why the notice of violation
should be withdrawn or modified. The request for hearing shall also
designate a person and his address, upon whom orders pursuant to the
hearing may be served. The Building Inspector shall inform the Board
(and the operator if the appeal is filed by an occupant) of the appeal
and shall post a copy of the request for hearing with the notice of
violation. Compliance with the order of abatement shall not be required
while the appeal is pending.
[Amended 11-19-1991 by L.L. No. 13-1991]
B.Â
Upon receipt of an appeal from the notice of violation,
the Board of Housing Standards Appeals shall set a time and place
for hearing such appeal and shall give parties at least seven days'
written notice thereof. A copy of the hearing notice shall be posted
with the notice of violation. At such hearing the operator and/or
occupant shall be given an opportunity to show cause why such notice
of violation or order of abatement should be modified or withdrawn.
C.Â
After a hearing in accordance with Subsection B above, the Board of Housing Standards Appeals shall sustain, modify or withdraw the notice of violation or order of abatement. If sustained or modified, such decision shall be deemed to be a final order. Where there are practical difficulties or unreasonable hardships in the literal enforcement of provisions of this Article, the Board of Housing Standards Appeals may authorize a variance from the provisions of this Article, provided that the intent of the Article be observed with respect to the safeguarding of public health, safety or welfare.[1]
