This chapter shall be known as "The Housing
Code of the City of Oneida, New York," which provides housing standards
applicable to residential premises within the boundaries of said City,
including inside and outside districts.
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 residential premises and establishing reasonable safeguards for
the safety, health and welfare of the occupants and users thereof.
This chapter shall apply to premises as follows:
A.
Lots, plots or parcels of land on which residential
buildings, buildings of mixed occupancy or accessory structures may
be or are located.
B.
Residential buildings, including one- and two-family dwellings, rooming and lodging houses and multiple dwellings, except as specifically excluded in § 77-4.
C.
Residential occupancies in buildings of mixed occupancy.
D.
Structures accessory to residential occupancies.
This chapter shall not apply to tourist camps,
farm labor camps, travel trailers and trailer parks.
The words and terms used in this chapter shall
have the following meanings:
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 residential building. Such accessory
uses may include, among others, the following: offices for the building
management, dining rooms, banquet rooms, public kitchens, ballrooms,
recreation and play rooms, laundries for the use of tenants and occupants
and in connection with the management and operation of a residential
building, maintenance and work shops, storage rooms for linen, bedding,
furniture, supplies and tenants, equipment and effects, rooms or space
for the incidental sale or display of merchandise to occupants and
tenants, such as newspaper, candy and cigar stands, garages within
a residential building or on the premises thereof used primarily for
the storage of passenger type motor vehicles. Such term shall have
a uniform meaning and shall apply in the same manner and under the
same conditions or restrictions to all residential buildings.
The department designated by the Common Council to carry
out the duties of enforcing and administering this chapter.
Approved by the administrative officer under the regulations
of this chapter or approved by an authority designated by law or this
chapter.
That space of a building that is partly below grade which
has more than half its height, measured from floor to ceiling, above
the average established curb level or average finished grade of the
ground adjoining the building.
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 half of its height, measured from floor
to ceiling, below the average established curb level or average finished
grade of the ground adjoining the building.
Any room occupied for sleeping purposes by five or more persons.
A cubicle is a small, partially enclosed, sleeping space within a
dormitory, with or without a window.
This term shall be synonymous with the terms "college dormitory,"
"school dormitory" and "faculty residence." A dormitory building is
a multiple dwelling owned and/or operated by an educational institution
for the primary purpose of providing sleeping rooms for students enrolled
in the educational institution and/or members of the educational institution's
faculty. A dormitory building may or may not have additional facilities
for dining and/or recreation. This definition has been included to
provide the distinction between a structure which is a dormitory building
and a dormitory which, as defined in this chapter, is a room.
A building containing not more than two dwelling units occupied
exclusively for residential uses.
One or more rooms with provisions for living, cooking, sanitary
and sleeping facilities arranged for the use of one family.
A building containing not more than two dwelling units occupied
exclusively for residential purposes.
A building containing not more than one dwelling unit occupied
exclusively for residential purposes.
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.
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 means of pest elimination.
A household constituting a single housekeeping unit occupied
by one or more persons.
A property consisting of a tract of land and tents, vehicles,
buildings or other structure pertaining thereto, any part of which
may be occupied by persons employed as laborers in farm activities
who are provided with sleeping facilities in whole or in part by the
owner, lessee or operator thereof, with or without stipulated agreements
as to the duration of their stay, whether or not they are supplied
with meals, who are supplied with such services or facilities as are
necessary for their use of such property.
The natural surface of the ground or surface of ground after
completion of any change in contour, abutting building or premises.
The horizontal areas of a building which are enclosed by
the exterior walls of the building.
The animal, vegetable and mineral waste resulting from handling,
preparation, cooking and consumption of food.
A specification, code rule, guide or procedure in the field
of construction or related thereto, recognized and accepted as authoritative.
Space occupied by one or more persons for living, sleeping,
eating or cooking. Kitchenettes shall not be deemed to be habitable
space.
A dwelling in which there are 30 or more sleeping rooms in
one building or structure occupied primarily by transients who are
lodged with or without meals; and there are provided such services
as are incidental to the use thereof as a temporary residence.
The presence, within or contiguous to a dwelling, dwelling
unit, rooming house, rooming unit, lodging house, lodging unit or
premises, of wild rodents, insects, 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, other than a hotel, in which persons are housed
in a dormitory or dormitories, whether or not the space for sleeping
accommodations therein is divided into cubicles.
A room or group of rooms 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.
A movable living unit equipped with a chassis and provided
with the following mechanical systems and equipment: plumbing, heating,
electrical, cooking and refrigeration.
A parcel of land which has been planned and improved for
the placement of two or more mobile homes.
A multiple dwelling not over two stories in height, intended
primarily for motorists, in which the exit from each dwelling unit
or sleeping room is directly to the exterior, The definition includes,
but is not limited to, the terms "motor court," "motor hotel," "tourist
court."
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.
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.
A building used or occupied as a convalescent,
old-age or nursing home, but not including private or public hospitals
or public institutions.
A city, town or village.
Space used as kitchenettes, pantries, bath, toilet, laundry,
rest, dressing, locker, storage, utility, heater and boiler rooms,
closets and other spaces for service and maintenance of the building
and those spaces used for access and vertical travel between stories.
See definitions of "habitable space, public space and exit.
A home for the care of the sick or infirm for compensation,
where three or more inmates thereof are or may be accommodated, including
nursing homes, homes for the care of the sick, convalescent or infirm
patients or inmates.
Any person, including an owner or operator, over one year
of age, living, sleeping, cooking or eating in or having actual possession
of a dwelling unit or room in a rooming house.
This term shall be as defined in the New York State Uniform
Fire Prevention and Building Code applicable to one- and two-family
dwellings.
Any person who, alone, jointly or severally with others,
holds legal or equitable title to any dwelling, dwelling unit, rooming
house or rooming unit.
The water supply system, the drainage system, the vent system,
fixtures and traps, including their various 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 building or structures
thereon.
Any place for the voiding of excreta that is not connected
by plumbing to an approved sewage disposal system.
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.
A multiple dwelling, in which there are less than 30 sleeping
rooms occupied primarily by transients who are lodged with or without
meals and in which there are provided such services as are incidental
to its use as a temporary residence. Also a dwelling two or more stories
in height, occupied by one or two families and with five or more transient
boarders, roomers or lodgers residing with any one family. Where rooming
house is used in this chapter, it shall mean boardinghouse, furnished
room house or tourist house.
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.
A 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 and
one or more lavatories, which may also contain urinals and other plumbing
fixtures. (See definition of "bathroom.")
Supply and removal of air to and from a space by natural
or mechanical means.
VENTILATION, MECHANICALVentilation by power-driven devices, other than wind-driven.
VENTILATION, NATURALVentilation by openings to outer air through windows, skylights, doors, louvers or stacks, with or without wind-driven devices.
A toilet, with a bowl and trap, which is connected to the
City water and sewer system or to other approved water supply and
sewer system.
A.
Failure to comply with a violation order, within the
time limit stated therein, shall constitute a misdemeanor. Any person
who shall knowingly and willfully violate or assist in the violation
of this chapter shall be guilty of a misdemeanor. The term "person,"
as used in this section, shall include the owner, occupant, mortgagee
or vendee in possession, assignee of rents, receiver, executor, trustee,
lessee, agent or any other person, firm or corporation directly or
indirectly in control of a building or part thereof.
B.
No penalty shall be imposed upon a person who by operation
of law acquires premises containing violations for which a violation
order has been issued, for a period of six months after the date of
such acquisition of the premises. Nevertheless, the penalties provided
shall attach and apply, either upon the expiration date of such six-month
period or upon transfer of title to the premises before the expiration
of such period, whichever first occurs.
Installations, alterations and repairs to residential
premises and materials, assemblies and equipment utilized in connection
therewith, shall be reasonably safe to persons and property and in
conformity with applicable laws of the state and City and orders,
rules and regulations issued by authority thereof. Conformity of such
work, materials, assemblies or equipment with the applicable requirements
of the New York State Uniform Fire Prevention and Building Code shall
be prima facie evidence that the same is reasonably safe to person
and property.
A.
Owners of premises shall be responsible for compliance
with all provisions of this chapter 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 also be responsible for proper
maintenance, condition and function of service facilities. Unless
otherwise agreed in writing with tenant, the owner shall be responsible
for furnishing adequate heat and hot water supply, except in units
with individual heating system or domestic hot water supply.
C.
In the event that cooking and/or refrigeration equipment
is provided by the owner, the owner shall maintain the same in proper
operating condition.
Rooming and lodging house operators shall be
responsible for compliance with this chapter in regard to the following:
A.
Limiting occupancy to the maximum permitted by this
chapter.
B.
Maintenance of safe and sanitary conditions in all
parts of rooming and lodging house premises.
C.
Maintenance and operation of all required service
facilities.
D.
Maintenance of cooking and refrigeration fixtures
and appliances within his control and all plumbing and other building
equipment and facilities, in an operative, clean and sanitary condition.
E.
Sanitary maintenance of walls, floors and ceilings.
F.
Keeping exits clean 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.
Installation and maintenance of required screens.
Occupants of dwelling units shall be responsible
for compliance with this chapter in regard to the following:
A.
Limiting occupancy of that part of the premises which
he occupies or controls to the maximum permitted by this chapter.
B.
Maintaining that part of the premises which he occupies
or controls in a clean, sanitary and safe condition.
C.
Maintaining in a sanitary condition 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 clean 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.
Keeping his domestic animals and pets in an appropriate
manner and under control.
H.
In the event that cooking and/or refrigeration equipment
is provided by the owner, the owner shall maintain the same in proper
operating condition.
No owner, operator or occupant shall cause any
service, facility, equipment or utility which is required to be supplied
by the provisions of this chapter, to be removed or shut off from
or discontinued for any occupied dwelling unit except for necessary
repairs, alterations or emergencies.
A.
The provisions of this chapter shall supplement local
laws, ordinances, codes or regulations. When a provision of this chapter
is found to be inconsistent with any provisions of a statute, local
law, ordinance, code or regulations, the provisions or requirement
which is the more restrictive or which establishes the highest standard
shall prevail. A greater penalty shall not be considered as more restrictive
or a higher standard.
B.
Notwithstanding the availability of other remedies
for enforcement of the provisions contained in the New York State
Uniform Fire Prevention and Building Code, Sanitary Code and Zoning
Ordinances of the City, the remedies and enforcement procedures as
set forth in this chapter may be used to enforce the provisions of
the aforesaid enumerated City codes and ordinances and shall be deemed
cumulative to other procedures and remedies.
