[HISTORY: Adopted by the Special Town Meeting of the Town of East
Hampton 10-14-1976 (Ord. No. 10.02). Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "East Hampton Housing
Code."
A.
ACCESSORY STRUCTURE
APPROVED
ASHES
BASEMENT
CELLAR
CENTRAL HEATING SYSTEM
DWELLING
(1)
DWELLING UNIT
EXTERMINATION
FAMILY
FLUSH WATER CLOSET
GARBAGE
GROSS FLOOR AREA
GUEST
HABITABLE ROOM
HEATED WATER
HOUSEHOLD
HOUSING CODE ENFORCEMENT OFFICER
HOUSING OFFICIAL
INFESTATION
KITCHEN
KITCHEN SINK
LAVATORY
LEAD PAINT
MODERATE COOKING FACILITIES
MULTIPLE DWELLING
OCCUPANT
OPERATOR
ORDINARY SUMMER CONDITIONS
ORDINARY WINTER CONDITIONS
OWNER
(1)
(2)
PERMISSIBLE OCCUPANCY
PERSON
PLUMBING
POTENTIAL HAZARDOUS MATERIAL
PREMISES
PRIVACY
RATPROOFING
REFUSE
ROOMING HOUSE
ROOMING UNIT
RUBBISH
SAFETY
SEPTIC TANK
SPACE HEATER
SUPPLIED
TEMPORARY HOUSING
TOILET
VENTILATION
The following definitions shall apply in the interpretation
and enforcement of this chapter:
A detached structure which is not used or not intended to be used
for living or sleeping by human occupants and which is located on the same
premises.
Approved by the local or state authority having such administrative
authority.
The residue from the burning of combustible materials and the noncombustible
portion of the refuse charged into an incinerator.
The portion of the building partly underground, but having less than
half its clear height below the average grade of the adjoining ground.
The portion of the building partly underground, having half or more
than half of its clear height below the average grade of the adjoining ground.
A single system supplying heat to one or more dwelling unit(s) or
more than one rooming unit(s).
Any enclosed space which is wholly or partly used or intended to
be used for living or sleeping by human occupants, provided that seasonal
and temporary housing as hereinafter defined and fallout or emergency shelters
shall not be regarded as a dwelling.
SEASONAL DWELLINGSeasonal dwelling units not being used for living or sleeping by human occupants for more than a total of 17 weeks during any calendar year, nor during any parts of the year except the period from April 1 to November 1 of any year.
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 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 Housing Code Enforcement officer or his authorized representative.
One adult person plus one or more persons who are legally related
to said person and residing in the same dwelling unit with said person.
A toilet bowl flushed with water under pressure with a water sealed
trap above the floor level.
The animal and vegetable waste resulting from the handling, preparation,
cooking, serving and non-consumption and spoilage of food, exclusive of human
or animal feces.
The total area of all habitable space in a building or structure.
Any person who shares a dwelling unit in a nonpermanent status for
not more than 30 days.
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, furnace rooms, pantries, kitchenettes and utility rooms of less
than 50 square feet, foyers, or communicating corridors, stairways, closets,
storage spaces, and workshops, hobby and recreation areas in unsealed or uninsulated
parts of structure below ground level or in attics, and fallout or emergency
shelters.
Water heated to a temperature of not less than 120° F.
A family and one or more unrelated persons, including servants and
not more than two boarders, who share the same dwelling and use some or all
of its cooking and eating facilities.
The Director of Health or his authorized representative who shall
be the official charged with the administration of this chapter.
The official charged with the administration and enforcement of this
chapter; namely, the Housing Code Enforcement officer or his authorized representative.
The presence within or around a dwelling of any insects, rodents,
or other pests.
Any room containing any or all of the following equipment, or area
of a room within three feet of such equipment: sink and/or device for dishwashing,
stove or other device for cooking, refrigerator or other device for cool storage
of food.
A sink of a size and design adequate for the purpose of washing eating,
and drinking utensils, located in a kitchen, properly connected with a cold
and hot water line.
A handwashing basin which is properly connected with both a hot and
cold water line and which is separate and distinct from a kitchen sink.
Any pigmented, liquid substance applied to surfaces by brush, roller,
or spray in which the total nonvolatile ingredient contains more than 1% of
lead, by weight, calculated as metallic lead.
Portable electric "plug-in" or small gas appliances, and a refrigerator.
Any dwelling containing more than two dwelling units.
Any person, over one year of age, living, sleeping, cooking, or eating
in, or actually having possession of, a dwelling unit or a rooming unit, except
that in dwelling units a guest will not be considered an occupant.
Any person who has charge, care or control of a building, or part
thereof, in which dwelling units or rooming units are let.
A temperature 10° F. below the highest recorded out-of-doors
temperature in the locality for the prior ten-year period.
An outdoors temperature of 5° F.
Any person, who, alone or jointly or severally with others:
Shall have legal title to any dwelling or dwelling unit or rooming house
with or without accompanying actual possession thereof; or
Shall have charge, care, or control of any dwelling or dwelling unit
or rooming house as owner or agent of the owner, or an executor, administrator,
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 of the rules and regulations adopted pursuant thereto, to the same extent
as if he were the owner.
The maximum number of persons permitted as a family or household
to reside in a dwelling unit or rooming unit based on the square foot per
person in habitable rooms.
Includes any individual, firm, corporation, association, or partnership.
Includes 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 supplies fixtures, together with all connections to
water, sewer, septic tank or gas lines.
Any material, including building material, containing lead and/or
other toxic heavy metal compound in concentrations dangerous to the public
health as deemed by the State Department of Health.
A plotted lot or part thereof or unplotted lot or parcel of land
or plot of land, either occupied or unoccupied by any dwelling or non-dwelling
structure, and includes any such building, accessory structure or other structure
thereon.
The ability of a person or persons to carry out an activity commenced
without interruption or interference, either by sight or sound, by unwanted
persons.
A form of construction which will prevent the ingress or egress of
rats to or from a given space or building, or their gaining access to food,
water, or harborage. It consists of the closing and keeping closed of every
opening in foundations, basements, cellars, and exterior and interior walls.
All putrescible and nonputrescible solids (except body wastes), including
garbage, rubbish, ashes and dead animals.
Any dwelling or that part of any dwelling containing one or more
rooming units, in which space is let or offered by the owner or operator to
three or more persons who are not members of a single family.
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; provided, however, that in the case of a rooming unit containing
not more than one room and occupied by not more than two persons, moderate
cooking facilities may be permitted.
Nonputrescible solid wastes (excluding ashes) consisting of both:
The condition of being free from danger and hazards which may cause
accidents or disease.
An impermeable receptacle, usually underground, to which sewage is
drained and retained to effect disintegration of the organic matter by bacteria.
A self-contained, vented, fuel-burning appliance.
Paid for, furnished, provided by, or under the control of the owner
or operator.
Any tent, trailer, mobile home or any other structure used for human
shelter which is designed to be transportable and is not attached to the ground,
to another structure, or to any utility system on the same premises for more
than 30 consecutive days.
A water closet, with a bowl and trap made in one piece, which is
of such shape and form and which holds a sufficient quantity of water under
pressure so that no fecal matter will collect on the surface of the bowl and
which is equipped with flushing rims which permit the bowl to be properly
flushed and scoured when water is discharged through the flushing rims.
The process of supplying and removing air by natural or mechanical
means to or from any space.
B.
Meaning of certain words. Whenever the words "dwelling,"
"dwelling unit," "rooming house," "rooming unit," "premises," or "structure"
are used in this chapter, they shall be construed as though they were followed
by the words "or any part thereof." Words used in the singular include the
plural, and the plural the singular; the masculine gender includes the feminine
and the feminine the masculine.
A.
No owner or other person shall occupy or let to another
person any vacant dwelling or dwelling unit unless it and the premises are
clean, sanitary, fit for human occupancy, and comply with all applicable legal
requirements of the State of Connecticut and the Town of East Hampton.
B.
Every owner of a dwelling containing three or more dwelling
units shall maintain in a clean and sanitary condition the shared or public
areas of the dwelling and premises thereof.
C.
Every occupant of a dwelling or dwelling unit shall maintain
in a clean and sanitary condition that part or those parts of the dwelling,
dwelling unit and premises thereof that the occupies and controls.
D.
Every occupant of a dwelling or dwelling unit shall dispose
of all his rubbish in a clean, sanitary and safe manner.
E.
Every occupant of a dwelling or dwelling unit shall dispose
of all his garbage and any other organic waste which might provide food for
rodents and other vermin in a clean, sanitary and safe manner, and if a container
is used for storage pending collection, it shall be rodentproof, insectproof,
and watertight.
F.
Every owner of a dwelling containing three or more dwelling
units shall supply adequate facilities or containers for the sanitary and
safe storage and disposal of rubbish and garbage. In the case of single- or
two-family dwellings, it shall be the responsibility of the occupant to furnish
such facilities.
G.
Every occupant of a dwelling, dwelling unit or rooming
unit shall give the owner thereof, or his agent or employee, access to any
part of such dwelling, dwelling unit, or its premises, at all reasonable times,
for the purpose of making such repairs or alterations as are necessary to
effect compliance with the provisions of this chapter or with any lawful rule
or regulation adopted or any lawful order issued pursuant to the provisions
of this chapter.
H.
The owner of a dwelling or dwelling unit shall be responsible for providing and fitting all screens on windows and doors leading directly to the outdoors whenever the same are required under the provisions of this chapter or any rule or regulation adopted pursuant thereto [see § 219-7B(1)], except where an agreement between the owner and occupant has been arranged in writing. In the absence of such an agreement, maintenance and replacement of screens, once installed by the owner, become the responsibility of the occupant.
I.
Every occupant of a dwelling containing a single dwelling
unit shall be responsible for the extermination of any insects, rodents, or
other pests therein or on the premises; and every occupant of a dwelling unit
in a dwelling containing more than one dwelling unit shall be responsible
for such extermination whenever his dwelling unit is the only one infested.
Notwithstanding the foregoing provisions of this subsection, whenever infestation
is caused by failure of the owner to maintain a dwelling in a ratproof or
reasonably insectproof condition, extermination shall be the responsibility
of the owner. Whenever infestation exists in two or more of the dwelling units
in any dwelling, or in the shared or public parts of any dwelling containing
two or more dwelling units, extermination therefor shall be the responsibility
of the owner.
J.
Every occupant of a dwelling unit shall keep all plumbing
fixtures therein in a clean and sanitary condition and shall be responsible
for the exercise of reasonable care in the proper use and operation thereof.
No person shall occupy as owner or occupant or let to another for occupancy
any dwelling or dwelling unit, for the purposes of living, sleeping, cooking
or eating therein, which does not comply with the following requirements:
A.
Every dwelling unit shall have a room or portion of a
room in which food may be prepared and/or cooked and which shall be equipped
with the following:
(1)
A kitchen sink in good working condition and properly
connected to a water supply system which is approved by the appropriate authority
and which is capable of providing at all times an adequate amount of heated
and unheated running water under pressure and to a public or private sewer
system which is approved by the Housing Code Enforcement Officer.
(2)
A stove, or similar device, for cooking food and a refrigerator,
or similar device, for the safe storage of food at all times at temperatures
less than 50° F., but more than 32° F., which are properly installed
with all necessary connections for safe, sanitary and efficient operation;
provided that such stove, refrigerator, and/or similar devices need not be
installed when a dwelling unit is not occupied or when the occupant is expected
to provide same on occupancy, and that sufficient space for the safe and efficient
installation and operation of said stove, refrigerator and/or similar devices
is provided. Any agreement between owner and occupant shall be in writing.
B.
Within every dwelling unit there shall be a room which
affords privacy to a person within said room and which is equipped with a
flush water closet in good working condition. Said flush water closet shall
be connected to a water system that at all times provides an adequate amount
of running water under pressure as to cause the toilet to be operated properly
and shall be connected to a public or private sewer system which is approved
by the Housing Code Enforcement Officer.
C.
Within every dwelling unit there shall be a room, which
affords privacy to a person, which is equipped with a lavatory sink. Said
lavatory sink may be in the same room as the flush water closet or in another
room. The lavatory sink shall be in good working condition and properly connected
to a water supply system which is approved by the appropriate authority and
which is capable of providing at all times an adequate amount of heated and
unheated running water under pressure, and to a public or private sewer system
which is approved by the Housing Code Enforcement Officer.
D.
Within every dwelling unit there shall be a room which
affords privacy to a person within said room and which is equipped with a
bathtub or shower in good working condition. Said bathtub or shower may be
in the same room as the flush water closet or in another room and shall be
properly connected to a water supply system which is approved by the appropriate
authority and which is capable of providing at all times an adequate amount
of heated and unheated water under pressure, and to a public or private sewer
system which is approved by the Housing Code Enforcement Officer.
E.
Every dwelling unit shall have one or more approved means
of egress leading to safe and open space at ground level, as required by the
laws of this state and this Town.
No person shall occupy as owner, occupant or let to another for occupancy
any dwelling or dwelling unit, for the purpose of living therein, which does
not comply with the following requirements:
A.
Every habitable room shall have at least one window or
skylight facing directly outdoors. The minimum total window area, measured
between stops, for every habitable room shall be 10% of the floor area of
such room. Whenever walls or other portions of structures face a window of
any such room and such light-obstruction structures are located less than
three feet from the window and extend to a level above that of the ceiling
of the room, such window shall not be deemed to face directly to the outdoors
and shall not be included as contributing to the required minimum total window
area. Whenever the only window in a room is a skylight-type window, the total
window area of such skylight shall be equal at least 15% of the total floor
area of such room.
B.
Every habitable room shall have at least one window or skylight which can easily be opened, or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight-type window size, as required in Subsection A of this section, except where there is supplied some other device affording adequate ventilation and approved by the Housing Code Enforcement Officer.
C.
Every bathroom and water closet compartment shall comply with the light and ventilation requirement for habitable rooms contained in Subsections A and B, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system which is approved by the Housing Code Enforcement Officer.
D.
Where there is no electric service available from power
lines which are not more than 300 feet away from a dwelling, every dwelling
unit and all public and common areas shall be supplied with electric service
outlets and fixtures which shall be properly installed, shall be maintained
in good and safe working condition, and shall be connected to the source of
electric power in a manner prescribed by the ordinances, rules and regulations
of the Town. The capacity of such services and the number of outlets and fixtures
shall be as follows:
(1)
Every habitable room shall have an electric service and
outlets and/or fixtures capable of providing at least three watts per square
foot of floor area.
(2)
Every habitable room shall have at least one floor- or
wall-type electric convenience outlet for each 60 feet or fraction thereof
of floor area, and in no case fewer than two such outlets per room.
(3)
Every water closet compartment, bathroom, laundry room,
furnace room, and public hall shall contain at least one supplied ceiling
or wall-type electric light fixture.
(4)
Convenience switches for turning on one light in each
room or passageway shall be located so as to permit the area ahead to be lighted.
E.
Every public hall and stairway in every multiple dwelling
shall be adequately lighted at all times so as to provide at least six footcandles
of light at the tread or floor level. All such lights shall be maintained
by the owner and on circuits supplied through a meter independent of meters
used by any family unit and operated by a suitable time switch. Every public
hall and stairway in structures containing not more than two dwelling units
shall be supplied with conveniently located light switches, controlling an
adequate lighting system which may be turned on when needed, instead of full-time
lighting; the maintenance of such lights in structures containing not more
than two dwelling units shall be guided by whatever rental agreement exists
between owner and tenant.
No person shall occupy as owner, occupant or let to another for occupancy
any dwelling or dwelling unit, for the purpose of living therein, which does
not comply with the following requirements:
A.
Every dwelling shall have heating facilities supplied
by the owner or occupant which are properly installed, and are maintained
in safe and working condition, and are capable of safely and adequately heating
all habitable rooms, bathrooms and water closet compartments in every dwelling
unit located therein at a distance of 18 inches above floor level under ordinary
winter conditions to a temperature of at least 68° F.
B.
Unvented flame space heaters are prohibited.
No person shall occupy as owner, occupant or let to another for occupancy
any dwelling or dwelling unit, for the purpose of living therein, which does
not comply with the following requirements:
A.
Every foundation, floor, roof, ceiling, exterior and
interior wall shall be reasonably weathertight, watertight, and damp-free,
shall be kept in sound condition and good repair, and shall be capable of
affording privacy for the occupants.
B.
Every window, exterior door, rain gutter, rain leader,
and basement hatchway or similar devices shall be kept rodentproof and watertight
and weathertight, and shall be kept in sound working condition and good repair.
(1)
During that portion of the year when there is need for
protection against mosquitoes, flies and other flying insects, every door
opening directly from a dwelling unit to outside space shall have supplied
properly fitting screens having at least 16 mesh and self-closing devices,
and every window or other device with openings to outdoor space, used or intended
to be used for ventilation, shall likewise be supplied with screens.
(2)
Every window located at or near ground level used or
intended to be used for ventilation, and every other opening located at or
near ground level which might provide an entry for rodents, shall be supplied
with adequate gauge screen or such other devices as will effectively prevent
their entrance.
C.
Every dwelling, other building or accessory structure
shall be rodentproof and maintained so as to prevent rodent harborage.
D.
Every foundation, roof, floor, exterior and interior
wall, ceiling, inside and outside stair, every porch, and every appurtenance
thereto, shall be safe to use and capable of supporting the loads that normal
use may cause to be placed thereon, and shall be kept in sound condition and
good repair. Every inside and outside stair or step shall have uniform risers
and treads, and stairways shall have handrails structurally sound of reasonable
height and, where needed, balustrades adequately spaced.
E.
Every plumbing fixture and water and waste pipe shall
be properly installed and maintained in good sanitary working condition.
F.
Every water closet compartment, bathroom and kitchen
floor surface shall be constructed and maintained so as to be impervious to
water so as to permit such floor to be easily kept in a clean and sanitary
condition.
G.
Every plumbing fixture and pipe, every chimney, flue
and smoke pipe, and every other facility, piece of equipment, or utility,
which is present in a dwelling or dwelling unit, or which is required under
this chapter, shall be constructed and installed in conformance with the applicable
local and state codes and shall be maintained in satisfactory working condition.
H.
No owner, operator, or occupant shall cause any supplied
service, facility, equipment or utility which is required under this chapter
to be removed from or shut off from or discontinued for any occupied dwelling
or dwelling unit let or occupied by him, except for such temporary interruption
as may be necessary while actual repairs or alterations are in process, or
during temporary emergencies when discontinuance of service is approved by
the appropriate authority.
I.
All construction and materials and ways and means of
egress and installation and use of equipment shall conform to applicable state
and local laws dealing with fire protection.
J.
Every yard shall be properly graded and drained by the
owner. The premises upon which a dwelling is located shall be kept clean by
the owner in the case of rooming houses and multiple dwellings, and by the
tenant in other types of dwellings.
No person shall occupy or let to be occupied any dwelling or dwelling
unit, for purpose of living therein, which does not comply with the following
requirements:
A.
Every dwelling unit shall contain at least 150 square
feet of floor space for the first occupant thereof and at least 100 square
feet of floor space for every additional occupant thereof, the floor space
to be calculated on the basis of total habitable room space.
B.
In every dwelling unit of two or more rooms, and in every
habitable room in a rooming house, every room occupied for sleeping purposes
by one occupant shall contain at least 70 square feet of floor space and every
room occupied for sleeping purposes by more than one occupant shall contain
at least 50 square feet of floor space for each occupant thereof.
C.
At least one half of the floor area of every habitable
room shall have a ceiling height of at least six feet, six inches and the
floor area of that part of any room where the ceiling height is less than
five feet shall not be considered as part of the floor area in computing the
total floor area of the room for the purpose of determining the maximum permissible
occupancy thereof.
D.
No space located partially or totally below grade shall
be used as a habitable room or dwelling unit unless:
(1)
The floor and those portions of the walls below grade
are of waterproof and damp-proof construction;
(2)
The minimum window area required in [cmz] subsection
5.01 is located entirely above the grade of the ground adjoining such window
area, or, if windows are located below grade, there be constructed a properly
drained window well whose ground area shall be equal to or greater than the
area of the window opening, the bottom of the window well shall
be below the top of the impervious masonry construction under this window,
the minimum horizontal projections of the bottom of the window well shall
be equal to or greater than the vertical dimension of this window opening,
and no part of the window well opposite this window shall protrude above a
line projected at a forty-five-degree angle from the bottom of the window
opening at right angles to the outer wall.
(3)
The total openable window area in each room is equal to at least the minimum as required under § 219-5B of this chapter, except where there is supplied some other device affording adequate ventilation and approved by the appropriate authority.
(4)
There are no pipes, ducts, or other obstructions less
than six feet, eight inches above the floor level which interfere with the
normal use of the room or area.
No person shall operate a rooming house or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the provisions of every section of this chapter other than the provisions of §§ 219-3 and 219-4. No owner or other person shall occupy or let to another person any vacant rooming unit unless it is clean, sanitary and fit for human occupancy as determined by the Housing Code Enforcement Officer and complies with all applicable requirements of the Town of East Hampton.
A.
No person shall operate a rooming house unless he holds
a valid rooming house license issued by the Housing Code Enforcement Officer,
Fire Marshal and Building Inspector. The operator shall apply to the Housing
Code Enforcement Officer after the rooming house has been determined to be
in compliance by the operator with the applicable provisions of this chapter
and of the fire prevention and building codes. This license shall be displayed
in a conspicuous place within the rooming house at all times. No such license
shall be transferable. Every person holding such a license shall give notice
in writing to the Housing Code Enforcement Officer within 24 hours after having
sold, transferred, given away, or otherwise disposed of ownership of, interest
in, or control of any rooming house. Such notice shall include the name and
address of the person succeeding to the ownership or control of such rooming
house. Every rooming house license shall expire at the end of one year following
its date of issue, unless sooner suspended or revoked as hereinafter provided.
The fee for such and for its renewal shall be in an amount as set from time
to time by the Town Council.[1]
B.
At least one flush water closet, lavatory basin and bathtub
or shower, properly connected to a water and public or private sewer system
approved by the Housing Code Enforcement Officer and in good working condition,
shall be supplied for each eight persons or fraction thereof residing within
a rooming house, including members of the operator's family wherever
they share the use of said facilities, provided that:
(1)
In a rooming house where rooms are let only to males,
flush urinals may be substituted for not more than one-half the required number
of water closets.
(2)
All such facilities shall be so located within the dwelling
as to be reasonably accessible from a common hall or passageway to all persons
sharing such facilities; at least one bathroom unit must be provided on each
floor on which guests' sleeping rooms are located.
(3)
Every lavatory basin and bathtub or shower shall be supplied
with heated and unheated water at all times.
(4)
No such facilities shall be located in a basement, except
by written approval of the Housing Code Enforcement Officer.
(5)
Cooking in a rooming unit shall be prohibited, except as provided in the definition of "rooming unit" in § 219-2.
(6)
Communal cooking and dining facilities in a rooming house
shall be prohibited, except as approved by the Housing Code Enforcement Officer
in writing.
(7)
Rooming unit doors shall have operating locks to ensure
privacy.
C.
The operator of every rooming house shall change supplied
bed linen and towels therein at least once each week, and prior to the letting
of any room to any occupant. The operator shall be responsible for the maintenance
of all supplied bedding in a clean and sanitary manner.
D.
Every room occupied for sleeping purposes by one person
shall contain at least 70 square feet of floor space, and every room occupied
for sleeping purposes by more than one person shall contain at least 50 square
feet of floor space for each occupant thereof.
E.
Every rooming unit shall have one or more safe, unobstructed
means of egress leading to safe and open space at ground level, as required
by the law of this state and this Town.
F.
Every provision of this chapter which applies to rooming
houses shall also apply to hotels and motels, except to the extent that any
such provision may be found in conflict with the laws of this state or this
Town.
A.
The Housing Code Enforcement Officer is hereby authorized
and directed to make periodic inspections to determine the condition of the
dwellings, dwelling units, seasonal units, rooming units and premises within
this Town of East Hampton for the purpose of determining compliance with the
provisions of this chapter. For the purpose of making such inspections, the
Housing Code Enforcement officer is hereby authorized to enter, examine and
survey between the hours of 8:30 a.m. and 4:30 p.m. all dwellings, dwelling
units, seasonal units, rooming units and premises, or at such other time mutually
satisfactory to and agreed upon by the Housing Code Enforcement Officer and
the owner or occupant or person in charge of a dwelling, dwelling unit, seasonal
unit, or rooming unit. Such inspection, examination or survey shall not have
for its purpose the undue harassment of said owner or occupant; and such inspection,
examination or survey shall be made so as to cause the least amount of inconvenience
to said owner or occupant consistent with an efficient performance of the
duties of the Housing Code Enforcement Officer. The Housing Code Enforcement
Officer is also authorized and directed to inspect seasonal housing to determine
whether or not it qualifies as seasonal housing.
B.
The provisions of the foregoing subsection shall not
authorize entry by force to make such inspections, and in the event the owner
or occupant of a dwelling, dwelling unit, seasonal unit or rooming unit, or
the person in charge thereof, shall refuse to permit entry for such an inspection,
entry for such purpose shall be allowed only through a properly issued warrant
in accordance with law. Each occupant of a dwelling or dwelling unit or seasonal
unit shall give the owner thereof, or his agent or employee, access to any
part of such dwelling or dwelling unit, seasonal unit, or its premises, at
all reasonable times for the purpose of making such repairs and/or alterations
as are necessary to effect compliance with the provisions of this chapter
or any lawful order issued pursuant to the provisions of this chapter.
A.
Whenever the Housing Code Enforcement Officer determines
that conditions exist which cause any dwelling, dwelling unit, rooming unit
or premises to fail to meet the minimum standards provided for in this chapter
or regulations pursuant thereto, he shall issue a notice setting forth the
alleged failure or failures and requiring that such failures be corrected.
The notices shall:
(1)
Be put in writing.
(2)
Set forth the alleged violation or violations of this
chapter, or of the rules and regulations pursuant thereto, and describe the
dwelling, dwelling unit, rooming unit or premises where the violation is alleged
to exist or to have been committed.
(3)
Provide a reasonable time, but not to exceed 60 days,
for the correction of any violation alleged.
(4)
Be served upon the owner, occupant or person in charge
of the dwelling, dwelling unit, rooming unit or premises by personal service
as provided for in the rules of the courts of this state; or by registered
or certified mail, return receipt requested, delivered to addresses only.
If one or more persons to whom such notice is addressed cannot be found after
diligent effort to do so, service may be made upon such person or persons
by posting a notice in a conspicuous place in or about the dwelling, dwelling
unit, rooming unit or premises described in the notice.
B.
After the passage of the period of time allowed for the
correction of any violation alleged, the Housing Code Enforcement Officer
shall reinspect the dwelling, dwelling unit, rooming unit or premises described
in the notice following the procedure detailed in this section.
A.
There is hereby created a Housing Code Appeals Committee
which shall consist of five electors of the Town who shall be appointed by
resolution of the Town Council for terms of two years.
B.
Any person aggrieved by a notice of violation addressed
to such person by the Housing Code Enforcement Officer and issued in connection
with any inspection, examination, or survey pursuant to this chapter shall
be granted a hearing on such notice of violation before the Housing Code Appeals
Committee, provided that such person shall file in the office of the Housing
Code Appeals Committee a written petition bearing the petitioner's name
and present address; requesting a hearing, and setting forth the grounds therefor
within 20 days after the notice of the Housing Code Enforcement Officer was
served upon such person. Within 10 days of the receipt of such petition, the
Housing Code Appeals Committee shall set a time and place for such hearing
and shall give the petitioner written notice thereof. Such notice of hearing
shall be by registered or certified mail, return receipt requested. At the
hearing, the petitioner shall have the opportunity to present such facts as
shall support petitioner's contention that the notice should be modified
or withdrawn. Such a hearing shall take place within a reasonable time after
the receipt of the petition by the Housing Code Appeals Committee.
C.
After the conclusion of the hearing a majority of the
Housing Code Appeals Committee shall be empowered to sustain, modify, or withdraw
the notice of violation. Variances from the provisions of this chapter may
be granted where circumstances warrant, if in the judgment of the Housing
Code Appeals Committee no harm to the public health, welfare, and safety will
result from such variance.
D.
The Housing Code Appeals Committee is hereby authorized
to administer oaths and affirmations to witnesses at such hearings and to
take the testimony of witnesses and receive exhibits presented in such hearings.
E.
All proceedings at such hearings, including the findings
of fact and decision, shall be reduced to writing, and said findings and decision
shall be certified and filed in the office of the Housing Code Enforcement
Officer.
F.
Any person aggrieved by the final decision of the Housing
Code Appeals Committee may appeal to any court of competent jurisdiction,
as provided by the laws of this state.
G.
Whenever, in the judgment of the Housing Code Enforcement
Officer, an emergency exists which requires immediate action to protect the
public health, welfare, or safety, the Housing Code Officer may, forthwith
and without notice or hearing, cause to be issued and served an order describing
the violation and reciting the existence of the emergency. The Housing Code
Enforcement Officer may then take such action under the law as such Housing
Code Enforcement Officer deems necessary to eliminate and cure the violation.
Any aggrieved person who is served with such a notice of violation and order
shall comply with its directions at once. Said aggrieved person shall, upon
request, be given a hearing by the Housing Code Appeals Committee within 24
hours of any request for such hearing, however.
A.
The Housing Code Enforcement Officer is hereby authorized
to enter, inspect, examine, and survey all rooming houses between the hours
of 8:30 a.m. and 4:30 p.m. Whenever, upon inspection of any rooming house,
the Housing Code Enforcement Officer finds that conditions or practices exist
which are in violation of any provision of this chapter or of any applicable
rule or regulation adopted pursuant thereto, the Housing Code Enforcement
Officer shall give notice in writing to the operator of such rooming house
that unless such conditions are corrected within a reasonable time the operator's
permit shall be suspended. At the end of such period of time, the Housing
Code Enforcement Officer shall reinspect such rooming house, and if he determines
that such conditions have not been corrected, he shall issue an order suspending
the operator's permit.
B.
Any person whose permit to operate a rooming house has been suspended by order of the Housing Code Enforcement Officer may petition for and be granted a hearing on the matter in the manner prescribed by § 219-12 on hearings. If no such petition for hearings is forthcoming within 10 days following the day on which a permit is suspended, said permit shall be deemed revoked, except that at any time within 10 days following such suspension any person whose permit has been suspended shall have the opportunity to demonstrate to the Housing Code Enforcement Officer that his rooming house is now in compliance with this chapter and with all regulations pursuant thereto. Where such compliance is demonstrated to the satisfaction of the Housing Code Enforcement Officer, the suspension of the rooming house permit shall be terminated.
The Town Council is hereby authorized to make, adopt, revise and amend
such rules and regulations as it deems necessary for the carrying out of the
provisions of this chapter in accordance with the procedures established by
state statutes and Town Charter.
Any person who shall refuse or fail to obey an order of the Housing
Code Enforcement Officer or the Housing Code Appeals Committee to meet the
minimum standards of this chapter shall, upon conviction, be fined not less
than $50 nor more than $100. Each day's failure to comply shall constitute
a separate violation.
The designation of dwellings or dwelling units as unfit for human habitation
and the procedure for the condemnation and placarding of such unfit dwellings
or dwelling units shall be carried out in compliance with the following requirements:
A.
Any dwelling or dwelling unit which shall be found to
have any of the following defects shall be condemned as unfit for human habitation
and shall be so designated and placarded by the Housing Code Enforcement Officer:
(1)
One which is so damaged, decayed, dilapidated, unsanitary,
unsafe, or vermin-infested that it creates a serious hazard to the health
or safety of the occupants or of the public.
(2)
One which lacks illumination, ventilation, or sanitation
facilities adequate to protect the health or safety of the occupants or of
the public.
(3)
One which because of its general condition or location
is unsanitary, or otherwise dangerous to the health or safety of the occupants
or of the public.
B.
Any unit condemned as unfit for human habitation and
so designated and placarded by the Housing Code Enforcement Officer shall
be vacated within a reasonable time as ordered by the Housing Code Enforcement
Officer.
C.
No dwelling, dwelling unit or rooming unit that has been
condemned and placarded as unfit for human habitation shall again be used
for human habitation until written approval is secured from and such placard
is removed by permission of the Housing Code Enforcement Officer. The Housing
Code Enforcement Officer shall permit removal of such placard by the owner,
occupant, or person in charge of the dwelling, dwelling unit or rooming unit
whenever the defect or defects upon which the placarding action was based
have been eliminated.
D.
No person shall deface or remove the placard from any dwelling, dwelling unit or rooming unit which has been condemned as unfit for human habitation and placarded as such, except when such action has been authorized by the Housing Code Enforcement Officer as provided for in Subsection C above. Whoever violates this provision shall, upon conviction, be subject to a fine of not less than $25 nor more than $50.
E.
Any person aggrieved by any order involving the placarding of a dwelling, dwelling unit or rooming unit may request and be granted a hearing under the conditions specified in § 219-12 above.
F.
When no corrective action is taken by the owner, occupant,
or person in charge of a dwelling, dwelling unit or rooming unit designated
as unfit for human habitation for six months and when no hearing is pending,
the Housing Code Enforcement Officer shall order the structure in violation
to be demolished within a reasonable time as ordered by the Housing Code Enforcement
Officer.
G.
Nothing herein contained shall be interpreted as precluding
any private right of action of any person against an owner, occupant or person
in charge of the placarded structure.
H.
Whenever an unoccupied building, whether of the residential,
commercial or industrial type, becomes so damaged, decayed, dilapidated, unsanitary,
unsafe, rat or vermin infested as to be considered a source of danger to the
life or health of persons who live in the vicinity, it shall be declared a
public nuisance by the Housing Code Enforcement officer. Said officer shall
issue an order to the owner, in writing, for the physical rehabilitation of
the structure before it is reoccupied. Whenever any such building remains
unoccupied for a period of six months and is allowed to deteriorate to the
extent mentioned above, the Housing Code Enforcement officer shall issue an
order to the owner to have the structure razed within one month of said order.
The failure of any person to comply with such order shall be dealt with according
to the procedure in Section 16.6
A.
In any case where a provision of this chapter is found
to be in conflict with any existing code, ordinance or regulation of this
Town 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.
B.
If any section, subsection, paragraph, sentence, clause,
or phrase of this chapter should be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this chapter, which
shall remain in full force and effect, and to this end the provisions of this
chapter are hereby declared to be severable.
C.
The Housing Code Enforcement Officer and his assistants
shall be free from personal liability for acts done in good faith in the performance
of official duties.
