[Amended 1-7-1992 by L.L. No. 4-1992]
A.
It is hereby found and declared that there exist in
the Village of Piermont structures used for residential and nonresidential
use which are, or may become in the future, substandard with respect
to structure, equipment, maintenance, or other conditions causing
detriment to nearby properties or, further, that such conditions,
including but not limited to structural deterioration, casualty, lack
of maintenance, appearance of exterior of premises, infestation, failure
to properly control plant species from encroaching on neighboring
properties, lack of essential heating, plumbing, storage space or
refrigeration equipment, lack of maintenance or upkeep of essential
utilities and facilities, existence of fire hazards, inadequate provisions
for light and air, unsanitary conditions, soil erosion and overcrowding,
constitute a menace to the health, safety, morals, welfare and reasonable
comfort of the citizens and inhabitants of the Village of Piermont.
It is further found and declared that, by reason of lack of maintenance
and progressive deterioration, certain properties have the further
effect of creating blighting conditions and initiating slums and that,
if the same are not curtailed, repaired or removed, the aforesaid
conditions will grow and spread and will in time necessitate the expenditure
of large amounts of public funds to correct and eliminate the same
and that, by reason of timely regulations and restrictions as herein
contained, the growth of slums and blight may be prevented and the
neighborhood and property values thereby maintained, the desirability
and amenities of residential and nonresidential uses and neighborhoods
enhanced and the public health, safety and welfare protected and fostered.
[Amended 11-12-2013 by L.L. No. 3-2013]
B.
The purpose of this chapter is to protect the public
health, safety, morals and welfare by establishing minimum standards
governing the maintenance, appearance, condition and occupancy of
residential and nonresidential premises; to establish minimum standards
governing utilities, facilities, vegetation and other physical components
and conditions essential to make the aforesaid facilities fit for
human habitation, occupancy and use; to fix certain responsibilities
and duties upon owners and operators and distinct and separate responsibilities
and duties upon occupants; and to provide for the repair of premises
unfit for human habitation or occupancy or use. This chapter is hereby
declared to be essential, instructive, preventive and remedial for
the public interest, and it is intended that this chapter be liberally
construed to effectuate the purposes as stated herein.
A.
Every residential and nonresidential building and
the premises on which it is situated in the Village, used or intended
to be used for dwelling, commercial, business or industrial occupancy,
shall comply with the provisions of this chapter, whether or not such
building shall have been constructed, altered or repaired before or
after the enactment of this chapter and irrespective of any permits
or licenses which shall have been issued for the use or occupancy
of the building or premises or for the construction or repair of the
building or for the installation or repair of equipment or facilities
prior to the effective date of this chapter.[1] This chapter establishes minimum standards for the initial
and continued occupancy and use of all such buildings and does not
replace or modify standards otherwise established for the construction,
repair, alteration or use of the building, equipment or facilities
contained therein, except as provided in the following subsection.
Where there is mixed occupancy, residential or nonresidential use
therein shall be nevertheless regulated by and subject to the provisions
of this chapter.
[1]
Editor's Note: This chapter was originally
adopted 1-24-1977 by L.L. No. 18-1977.
B.
In any case where the provisions of this chapter impose
a standard higher than is set forth in any other local laws of the
Village or under the laws of the State of New York, then the standards
as set forth herein shall prevail, but if the provisions of this chapter
impose a lower standard than any other local law of the Village or
under the laws of the State of New York, then the higher standard
contained in any such other law shall prevail.
C.
No certification of compliance with this chapter shall
constitute a defense against any violation of any other law of the
Village applicable to any structure or premises, nor shall any provision
herein relieve any owner, operator or occupant from complying with
any such other provision, nor any official of the Village from enforcing
any such other provision.
A.
Owners and operators shall have all the duties and responsibilities as prescribed in Article III and Article V and the regulations promulgated pursuant thereto, and no owner or operator shall be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the occupant is also responsible therefor and in violation thereof.
B.
Occupants shall have all the duties and responsibilities as prescribed in Article IV and Article V and all the regulations promulgated pursuant thereto, and the occupant shall not be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or operator is also responsible therefor and in violation thereof.
C.
Unless expressly provided to the contrary in this
chapter, the respective obligations and responsibilities of the owner
and operator on one hand and the occupant on the other shall not be
altered or affected by any agreement or contract by and between any
of the aforesaid or between them and other parties.
