As used in this chapter, the following terms
shall have the meanings indicated:
ACCESSORY STRUCTURE
A structure the use of which is incidental to that of the
main building and which is attached thereto or located on the same
premises.
BASEMENT
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground. Where the
natural contour of the ground level immediately adjacent to the building
is interrupted by ditching, pits or trenching, then the average adjoining
ground level shall be the nearest natural contour line parallel to
the walls of the building without regard to the levels created by
the ditching, pits or trenching.
BATHROOM
Enclosed space containing one or more bathtubs or showers,
or both, and which shall also include toilets, lavatories or fixtures
serving similar purposes.
BUILDING
A form of construction adapted to a permanent or continuous
occupancy or use for public, institutional, residential, business
or storage purposes.
CELLAR
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. Where
the natural contour of the ground level immediately adjacent to the
building is interrupted by ditching, pits or trenching, then the average
adjoining ground level shall be the nearest natural contour line parallel
to the walls of the building without regard to the level created by
the ditching, pits or trenching.
CENTRAL HEATING SYSTEM
A heating system in a fire-resistant enclosed space or spaces,
separate and apart from the area to be heated, which system is permanently
affixed on a fireproof base and connected by breeching to a stack
in accordance with the Building Code. Direct electric and/or gas heating systems without the
use of a boiler, serving all dwelling units in a structure, are exempt
from the above requirements.
DEBRIS
Any paper, thrown or scattered upon the property, or bottles,
trash, garbage, brick and cement rubble, refuse or rubbish of any
nature.
DWELLING
Any building or structure, or part thereof, used and occupied
or intended to be used and occupied for human habitation, and includes
appurtenances belonging thereto or used therewith.
DWELLING UNIT
A group of interrelated rooms intended or designed for nontransient
use of one family, separated from the other spaces by lockable doors,
having access to the outside without crossing another dwelling and
having living and sleeping facilities. A room or group of rooms shall
be considered a dwelling unit if it has any of the following: cooking
facilities, fixed or portable, or food refrigeration facilities or
sanitary facilities.
EXTERMINATION
The control and extermination of insects and rodents.
FIRE HAZARD
A.
Any device or condition likely to cause fire and which is so
situated as to endanger either persons or property.
B.
The creation, maintenance or continuance of any physical condition
by reason of which there exists a use, accumulation or storage for
use of combustible or explosive material sufficient in amount or so
located or in such a manner as to put in jeopardy, in event of ignition,
either persons or property.
C.
The obstruction of fire escapes, ladders which may be used as
escapes, stairways, aisles, exits, windows, passageways or halls and
which is likely, in the event of fire, to interfere with the operation
of the Fire Department or with the safe and ready egress of occupants.
D.
The violation of any rule now or hereafter promulgated by the
Fire Department of the Village of Piermont.
FLOOR AREA, SUPERFICIAL
The net floor area within the enclosing walls of the room,
excluding built-in equipment such as wardrobes, cabinets, closets,
kitchen units or fixtures which are not readily removable, and excluding
the floor area where the floor-to-ceiling height is less than 4 1/2
feet.
GARBAGE
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food. See also "refuse"
and "rubbish."
HABITABLE ROOMS
Rooms used or designed for use by one or more persons for
living or sleeping or cooking and eating, but not including bathrooms,
water closet compartments, laundries, serving and storage pantries,
corridors, foyers, vestibules, cellars, heater rooms, boiler rooms,
utility rooms and other rooms or spaces that are not used frequently
or for an extended period of time or that have less than 50 square
feet of superficial floor area.
INDEPENDENT ROOMING UNIT
A rooming unit in other than a single-family dwelling which
opens directly to the exterior of the premises by way of a common
hallway, common areaway, common stairway or door to the exterior of
the premises without passing through any other rooming unit or dwelling
unit.
INFESTATION
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
KITCHEN
Any room or part of a room used for cooking or the preparation
of food.
MIXED OCCUPANCY
Any building containing one or more dwelling units or rooming
units and also having a portion thereof devoted to nondwelling uses
or as a hotel.
NUISANCE
Includes the following:
A.
Any public nuisance known at law or in equity
or as provided by the statutes of the State of New York or in the
local laws of the Village of Piermont.
B.
Physical conditions dangerous to human life
or detrimental to the health or persons on or near the premises where
the conditions exist.
C.
Overcrowding of a room with occupants in violation
of this chapter.
D.
Insufficient ventilation or illumination in
violation of this chapter.
E.
Inadequate or unsanitary sewage or plumbing
facilities in violation of this chapter.
F.
Unsanitary conditions or anything offensive
to the senses or dangerous to health in violation of this chapter.
G.
Whatever renders air, food or drink unwholesome
or detrimental to the health of human beings.
OCCUPANT
Any person living in, sleeping in or having actual possession
of a dwelling unit or rooming unit; or any person using or having
actual possession of any nonresidential premises, including an operator
and an owner.
OPERATOR
Any person who has charge, care or control of a dwelling
or premises, or a part thereof, whether with or without the knowledge
and consent of the owner.
OWNER
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof, or shall have charge, care
or control of any dwelling or dwelling unit as owner or agent of the
owner, as executor, administrator, trustee, receiver or guardian of
the estate or as a mortgagee in possession, regardless of how such
possession was obtained. Any person who is a lessee subletting or
reassigning any part or all of any dwelling or dwelling unit shall
be deemed to be a co-owner with the lessor and shall have joint responsibility
over the portion of the premises sublet or assigned by said lessee.
PLUMBING
All of the following supplies, 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, vents and any other similar supplies or fixtures, together
with all connections to water, sewer or gas lines and water pipes
and lines utilized in conjunction with air-conditioning equipment.
PREMISES
A lot, plot or parcel of land, including the buildings or
structures thereon.
PUBLIC AUTHORITY
Any officer who is in charge of any department or branch
of the government of the Village relating to health, fire or building
regulations or to other codes or local laws concerning dwellings in
the Village of Piermont.
PUBLIC VIEW
Any premises or any building, or any part thereof, which
may be lawfully viewed by the public, or any member thereof, from
a sidewalk, street, alleyway, open-air parking lot or from any adjoining
or neighboring premises.
REFUSE
All putrescible and nonputrescible solid wastes, except body
wastes, including but not limited to garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles and solid market and
industrial wastes. See also "garbage" and "rubbish."
ROOM
Space in an enclosed building or space set apart by a partition
or partitions; and any space in a building used or intended to be
used as a bedroom, dining room, living room, kitchen, sewing room,
library, den, music room, dressing room, enclosed sleeping porch,
sun room, party room, recreation room, breakfast room, study, storage
room or similar uses.
ROOMING UNIT
Any room or group of rooms forming a single habitable unit,
other than a dwelling unit, which is rented or available for rent
for sleeping purposes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials. See also "garbage" and "refuse."
SANITARY SEWER
Any sanitary sewer owned, operated and maintained by,the
Village of Piermont and available for public use for the disposal
of sewage or a sanitary sewerage system approved by the Village of
Piermont or other applicable authorities.
SEWAGE
Waste from a flush toilet, bathtub, sink, lavatory, dishwashing
or laundry machine or the water-carried waste from any other fixture
or equipment or machine.
STORY
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above. If the finished ceiling level directly above a basement
or cellar is more than four feet above grade, such basement or cellar
shall be considered a story.
STRUCTURE
Anything constructed, assembled or erected, the use of which
requires location on the ground, in the water or underground or attachment
to something having location on or in the ground or in the water,
and shall include fences, walls, tanks, towers, advertising devices,
bins, tents, lunch wagons, trailers, dining cars, camp cars, barges
or similar structures on wheels or other supports used for business
or living purposes. This includes any structure equipped with a roof,
whether permanent or temporary, such as porches, awnings, canopies,
swimming pools, summer houses, arbors, balconies and similar elements,
fences and signs, but does not include patios at grade or unroofed
surfaces prepared for sports. The word "structure" shall not apply
to utility services entirely below the ground.
VENTILATION
Supply and removal of air to and from any space by natural
or mechanical means.
VENTILATION, NATURAL
Ventilation by opening to the outer air through windows,
skylights, doors, louvres or stacks, with or without wind-driven devices.