This chapter shall be known and may be cited
as the "Housing and Rehabilitation Code of the Incorporated Village
of Port Jefferson," and is referred to herein as "code" or "chapter."
A.
There exists or may hereafter exist in the Incorporated
Village of Port Jefferson dwellings or other structures, vacant areas
or combinations of vacant areas and structures which are or tend to
be substandard because of unsanitary or deteriorating conditions.
Such factors of existence are injurious to the public health, safety
and welfare and may constitute a nuisance.
B.
To preserve the health, safety and welfare of the
residents of the Incorporated Village of Port Jefferson, to provide
for means and methods of inspecting and correcting the described injurious
conditions where they do or may hereinafter exist, this code is enacted.
This code shall apply to the following premises
in the Incorporated Village of Port Jefferson:
A.
Lots, plots or parcels of land which are vacant or
upon which buildings used for dwellings, mixed occupancy, commercial,
industrial or storage uses, whether occupied or vacant, are located.
B.
Residential buildings.
C.
Vacant residential, mixed occupancy, commercial, industrial
and storage buildings.
D.
Accessory structures accessory to dwellings, commercial,
industrial or vacant buildings.
A.
The provisions of this code shall supplement local
laws, ordinances, codes or regulations. Where a provision of this
code is found to be in conflict with any provision of a local law,
ordinance, code or regulation, the provision or requirement which
is the more restrictive or which establishes the higher standard shall
prevail.
B.
It shall be within the province of the enforcing officer
to vary or modify any provisions of this code where the strict enforcement
of such code would affect the family unit and would be contrary to
public policy, welfare and cause undue hardship. Such variation or
modification shall be noted in the records pertaining to this occupancy
when approved by the Department head.
[Amended 6-11-1992 by L.L. No. 4-1992]
Installations, alterations and repairs to all
premises and materials, assemblies and equipment utilized in connection
therewith shall be reasonably safe to persons and property and in
conformity with applicable ordinances and local laws of the Incorporated
Village of Port Jefferson, statutes of the State of New York and orders,
rules and regulations issued by authority of any of said ordinances,
local laws or statutes. Conformity of such work, materials, assemblies
or equipment with the applicable requirements of the New York State
Uniform Fire Prevention and Building Code, and applicable ordinances
and local laws of the Incorporated Village of Port Jefferson shall
be prima facie evidence that the same is reasonably safe to person
and property.
[Amended 6-8-1983 by L.L. No. 3-1983; 6-11-1992 by L.L. No. 4-1992; 9-8-2014 by L.L. No.
20-2014]
As used in this chapter, the following terms shall have the
meanings indicated:
A subordinate building or use customarily incidental to and
located on the same lot occupied by the main building or use.
A narrow lane between buildings giving access to the rear
of buildings.
(As applied to a building or structure) The change or rearrangement
of the structural parts or any enlargement, whether by extending on
any side or by increasing in height, or the moving from one location
to another. It does not include ordinary repairs to buildings or structures.
A room or suite of two or more rooms occupied or intended
to be occupied as the home or residence of an individual, family or
household.
Approved by the Building Department of the Incorporated Village
of Port Jefferson.
Material approved by the Building Department of the Incorporated
Village of Port Jefferson, pursuant to the New York State Uniform
Fire Prevention and Building Code.
A story in a building, the structural ceiling level of which
is four feet or more above the average level of the finished grade,
where such grade abuts the exterior wall of such building which fronts
on any street, and the floor level of which is below the finished
grade at any point on the periphery of the building.
Enclosed space containing a minimum of one water closet,
one lavatory and may also have either one bathtub or shower. It may
also contain additional plumbing fixtures serving similar purposes.
(See also "toilet room.")
A building or combination of buildings used wholly or in
part for commercial purposes, including but not limited to shopping
centers, supermarkets, retail stores, discount houses, warehouses,
manufacturing or fabrication plants, gasoline service stations, public
garages, motor vehicle repair shops or other business uses.
That space of a building that is partially or entirely below
grade, which has more than 1/2 of its height, measured from floor
to ceiling, below the average established finished grade of the ground
adjoining the building.
A required open and unoccupied space on the same lot and
enclosed on at least three sides by walls of a building.
The Building Department of the Incorporated Village of Port
Jefferson.
Any building which is wholly or partly used or arranged,
designed or intended to be occupied or used for living or sleeping
by one or more human occupants.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, and having no enclosed
space (other than vestibules, entrances or other hallways or porches)
or cooking or sanitary facilities in common with any other "dwelling
unit." A house, trailer, boarding- or rooming house, convalescent
home, fraternity or sorority house, hotel, inn, lodging, nursing or
other similar home or other similar structure shall not be deemed
to constitute a "dwelling unit."
A building containing not more than one dwelling unit occupied
exclusively for residential purposes.
A building containing two dwelling units 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.
"Family" shall be defined as follows:
It shall be presumptive evidence that four or more persons living
in a single dwelling unit who are not related by blood, marriage,
domestic partnership, or legal adoption do not constitute the functional
equivalent of a family.
In determining whether individuals are living together as the
functional equivalent of a family, the following criteria shall be
considered:
The group is one which in theory, size, appearance, structure
and function resembles a family unit;
The occupants must share the entire dwelling unit and live and
cook together as a single housekeeping unit. A unit in which various
occupants act as separate roomers may not be deemed to be occupied
by the functional equivalent of a family;
The group is permanent and stable. Evidence of such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in local schools;
Members of the household have the same address for purposes
of voter registration, driver's license, motor vehicle registration
and filing of taxes;
Members of the household are employed in the area;
The household has been living together as a unit for a year
or more whether in the current dwelling unit or other dwelling units;
There is common ownership of furniture and appliances among
the members of the household; and
The group is not transient or temporary in nature.
Any other factor reasonably related to whether or not the group
is the functional equivalent of a family.
All spaces within the exterior walls of a dwelling unit,
exclusive of garages, breezeways, unheated porches, cellars, heater
rooms and basements, having a window area of less than 10% of the
square foot floor area of the room. "Usable floor area" shall include
all spaces not otherwise excluded above, such as principal rooms,
utility rooms, bathrooms, all closets and hallways opening directly
into any rooms within the dwelling unit, and all attic space having
a clear height of six feet from finished floor level to pitch of roof
rafter with a clear height of seven feet six inches from finished
floor level to ceiling level over 50% of the area of such attic space.
All putrescible animal or vegetable wastes resulting from
the receipt, storage, handling, preparation, cooking and consumption
of food.
The presence of insects, rodents, vermin or other pests.
Any vehicle, including a boat or trailer, which is without
a currently valid license plate or plates and is in either rusted,
wrecked, discarded, dismantled, partly dismantled, inoperative or
abandoned condition.
A space 70 square feet or more in floor area used for cooking
or preparation of food.
A space less than 70 square feet in floor area used for cooking
or preparation of food.
Plot, tract, premises or parcel of land with or without buildings
or structures located thereon, as surveyed and apportioned for sale
or other purpose.
Occupancy of a building in part for residential use and in
part for some other use not accessory thereto.
A dwelling which is designed or intended to be occupied or
is occupied as a temporary or permanent residence or home of three
or more families living independently of each other.
Rooms within a dwelling, such as bathrooms, water-closet
compartments, laundries, serving and storage pantries, corridors,
cellars and similar spaces, that are not used frequently or during
extended periods.
The water-supply system, drainage system, vent system, fixtures
and traps, including their respective connections, devices and appurtenances
within the property liens of the premises.
Water which is approved for drinking, culinary and domestic
purposes.
The same meaning as "lot."
A one- or two-family dwelling occupied exclusively for residence
purposes by one or two families, respectively, as defined hereinabove.
Spaces within a residential building for public use, such
as lobbies, lounges, reception, ball, meeting, lecture and recreation
rooms, banquet and dining rooms and their kitchen, and swimming pools.
All cardboard, plastic, metal or glass food containers, wastepaper,
rags, sweepings, small pieces of wood, excelsior rubber, leather and
similar waste material that ordinarily accumulates around a home,
business or industry.
Liquid waste containing animal or vegetable matter in suspension
or solution, and which may include industrial wastes and liquids containing
chemicals.
A combination of materials, other than a building, to form
a construction that is safe and stable, and includes, among other
things, stadiums, gospel and circus tents, reviewing stands, platforms,
stagings, observation towers, radio towers, sheds, storage bins, walls,
fences and display signs; the term "structure" shall be construed
as if followed by the words "or part thereof."
Enclosed space containing one or more water closets, which
may also contain one or more lavatories, urinals or other plumbing
fixtures. (See "bathroom.")
Supply and removal of air to and from a space by natural
or mechanical means.
An open space on the same lot which contains a building,
and located between the building line and the lot line which the particular
building line faces.
