This chapter shall be known as the "Standards
for Rental or Unoccupied Premises in the Village of Angola, New York."
A.Â
This chapter is enacted in recognition of the fact
that there exist in the Village of Angola structures rented or leased
for human habitation and necessary use which are, or may become in
the future, substandard with respect to structure, equipment or maintenance;
and further that such conditions, together with inadequate provision
for light and air, insufficient protection against fire hazards, lack
of proper heating, unsanitary conditions and overcrowding, constitute
a menace to the health, safety, morals, welfare and reasonable comfort
of its citizens; and since unoccupied structures tend to become substandard
and a public nuisance and, further, the existence of such conditions,
factors or characteristics will, if not remedied, create slum and
blighted areas requiring large-scale clearance; and in the absence
of corrective measures, such areas will be affected by a curtailment
of investment and tax revenue and an impairment of economic values;
and that the establishment and maintenance of standards are essential
to the prevention of blight and decay and the safeguarding of public
health, safety, morals and welfare.
B.Â
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 rental premises and unoccupied premises and establishing reasonable
safeguards for the safety, health and welfare of the occupants and
users of rental premises, the community and the general public.
A.Â
Rental premises standards. No person shall rent or
offer to rent or lease any premises, with or without furnishings,
unless such premises and its furnishings are in a clean and sanitary
condition and in full compliance with the provisions of the minimum
standards of this chapter, in repair, and free from rodents or vermin,
and for which a permit therefor, as provided herein, shall have been
obtained.
B.Â
Unoccupied buildings. No person shall maintain, as
owner, lessee, agent, operator, contract purchaser, or other holder
of property, any structure or building not occupied by any person
or any foundation or excavation not being worked upon in the course
of some construction by any person where the condition thereof is
unsafe, unfit or hazardous.
This chapter shall apply to rental residential
premises and unoccupied residential premises as follows:
A.Â
Lots, plots or parcels of land on which residential
buildings, buildings of varied occupancy or accessory structures are
located.
B.Â
Residential buildings, including one- and two-family
dwellings and multiple dwellings, as defined herein.
C.Â
Residential occupancies in buildings of mixed occupancy.
D.Â
Accessory structures accessory to residential occupancies
Nothing in this chapter shall be deemed to abolish
or impair existing remedies of the Village of Angola relating to the
removal or demolition of any buildings which are deemed to be dangerous,
unsafe or unsanitary or otherwise subject to lawful removal or demolition
pursuant to law.
As used in this chapter, unless the context
or subject matter otherwise requires, the following terms shall have
the meanings indicated:
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 premises.
That space of a building that is partly below grade which
has 1/2 its height or more, measured from floor to ceiling, above
the finished grade of the ground adjoining the building.
An 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 finished grade of the ground adjoining the building.
All portions of the premises used in common by the occupants
of a building housing more than one habitation and not under the exclusive
control of the tenant of any one habitation.
A building containing not more than one dwelling unit occupied
exclusively for residential purposes.
A building containing not more than two dwelling units occupied
or designed exclusively for residential purposes by not more than
two families, each with separate household arrangements.
One or more rooms with proper provisions for living, cooking,
sanitary and sleeping facilities, arranged for the use of one family.
A way of departure from the interior of a building or structure
to the exterior at the street or at grade, including doorways, passageways,
hallways, corridors, stairways, ramps, fire escapes, and all other
elements necessary for egress or escape.
Space occupied by one or more persons for living, sleeping,
eating or cooking.
The presence, within or contiguous to a dwelling, dwelling
unit, lodging house, lodging unit, or premises, of insects, rodents,
vermin or other pests.
A space, 60 square feet or more in floor area, with a minimum
width of five feet, used for cooking or preparation of food.
A space, less than 60 square feet in floor area, used for
cooking or preparation of food.
A dwelling used primarily for the purpose of furnishing lodging,
with or without meals from a common dining area, for compensation.
A room or group of rooms, each forming a single habitable
unit, used or intended to be used for lodging.
A building containing three or more dwelling
units.
A building containing living, sanitary and sleeping
rooms for other than one or two families and more than two roomers
or 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.
Space used as garages, carports, porches, kitchenettes, pantries,
bath, toilet, laundry, rest, dressing, locker, storage, utility, heater,
and boiler rooms, closets, and other spaces used for access and vertical
travel between stories.
The water supply system, the drainage system, the vent system,
fixtures and traps, including their respective connections, devices
and appurtenances within the property lines of the premises.
Water that is approved for drinking, culinary and domestic
purposes.
A lot, plot or parcel of land, including the buildings and
structures thereon.
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.
Any premises occupied under or by virtue of a rental or lease
agreement, verbal or written, or where any sum or thing is paid for
occupancy, or a charge is made for use and/or occupancy, or where
occupancy is pursuant to a contract of purchase or installment payment
contract, or free of payments by the occupant where payment is made
by another, or any other occupancy or arrangement for charge of any
kind.
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, which
may also contain one or more lavatories, urinals and other plumbing
fixtures.
Any structure or building not occupied by any person or any
foundation or excavation not being worked upon in the course of some
construction by any person where the condition thereof is unsafe,
unfit or hazardous.
Occupancy of a building in part for residential use and in
part for some other use not accessory thereto.
The supply and removal of air to and from a space by natural
or mechanical means.
