The purpose of this article is to provide basic
and uniform administration of, and compliance with, applicable housing
standards, and to establish the responsibilities of parties concerned
therewith.
This article shall apply to administration of,
and compliance with, applicable housing standards.
This article shall not apply to premises which
are not within the scope of applicable housing standards.
A.
The Code Enforcement Officer shall administer and
secure compliance with the applicable housing standards.
B.
The Code Enforcement Officer shall have as his representatives
such assistants and inspectors as may be necessary to carry out effectively
the powers and duties of his office.
C.
All personnel shall be qualified and appointed as
prescribed by law, and shall be furnished with appropriate official
badges or identification cards.
D.
All personnel shall be free from personal liability
for acts done in good faith in the performance of their official duties.
A.
The Code Enforcement Officer shall be charged with
the duty of administering the applicable housing standards and securing
compliance therewith, and shall be empowered to adopt rules and regulations
necessary for securing such compliance provided that such rules and
regulations shall not be in conflict with the applicable housing standards.
B.
The Code Enforcement Officer, his assistants and deputy
inspectors, if any, shall be authorized to conduct surveys of housing
in any area of the municipality to determine the condition of premises,
extent of deterioration, lack of facilities, inadequate maintenance,
unsafe and insanitary conditions, extent of overcrowding, land use,
and other relevant factors.
C.
It shall be the duty of the Code Enforcement Officer to:
[Amended 2-25-2013 by L.L. No. 1-2013]
(1)
Cause periodic inspections to be made not less than once every three
years, of all premises within the scope of applicable housing standards.
(2)
Cause an investigation of all complaints of alleged housing violations
or other unsafe or insanitary conditions.
(3)
Order in writing the remedying of all conditions found to exist in
or on any premises in violation of provisions of the housing standards
or of rules and regulations adopted by the agency, to state in the
violation order a reasonable time limit for compliance therewith and,
where necessary, to order the vacation of premises found unfit for
human habitation.
(4)
Request the chief legal officer of the municipality to take appropriate
legal action in the name of the agency upon failure of the responsible
party to comply with such violation order within the time specified
therein.
(5)
To cause a search of the municipality's records of housing violations
existing on any premises and to issue a certified statement thereof
upon receipt of written request and payment of any fees required by
local law or ordinance.
(6)
To study housing conditions in the municipality.
(7)
To cooperate with other municipal, governmental and private agencies
engaged in the study and improvement of housing conditions.
(8)
To publish an annual report of housing conditions in the municipality,
accomplishments of the agency and recommendations for the future.
D.
Where violations of the housing standards exist and
pose an immediate hazard or danger to the health, safety or welfare
of building occupants or of the public, the Code Enforcement Officer
may issue an order citing the violation and directing such action
by such municipal officer, department or board as is necessary to
remove or abate the immediate hazard or danger.
A.
Inspectors shall be authorized and have the right,
in the performance of their duties, to enter any premises during normal
business hours and in emergencies whenever necessary to protect the
public interest.
B.
Owners, agents, operators, and occupants shall be
responsible for providing access to all parts of the premises within
their control to authorized agency personnel acting in the performance
of their duties.
The Code Enforcement Officer shall keep records
of all complaints received, inspections made and violations found
regarding premises regulated by the housing standards. Records shall
be kept in a manner and form as prescribed by local law, ordinance,
or regulation or direction of the Executive Administrator, and shall
be available for public inspection.
A.
Owners of premises shall be responsible for compliance
with the housing standards, and shall remain responsible therefor
regardless of the fact that this article may also place certain responsibilities
on operators and occupants and regardless of any agreements between
owners and operators or occupants as to which party shall assume such
responsibility.
B.
Owners of premises shall be responsible for proper
maintenance, condition and operation of service facilities, and for
furnishing adequate heat and hot water supply in multiple dwellings.
Lodging house operators shall be responsible
for compliance with the housing standards in regard to the following:
A.
Limiting occupancy to the maximum permitted by the
housing standards.
B.
Maintenance of safe and sanitary conditions in all
parts of lodging house premises.
C.
Maintenance and operation of all required service
facilities.
D.
Maintenance of all plumbing, cooking and refrigeration
fixtures and appliances within his control as well as other building
equipment and facilities, in an operative, clean and sanitary condition.
E.
Sanitary maintenance of walls, floors and ceilings.
F.
Keeping exits clear and unencumbered.
G.
Disposal of building garbage and refuse in a clean
and sanitary manner.
H.
Extermination of insects, rodents, or other pests
on the premises.
I.
Hanging and removing required screens.
Occupants of dwelling units shall be responsible
for compliance with the housing standards in regard to the following:
A.
Limiting occupancy of that part of the premises which
he occupies or controls to the maximum permitted by the housing standards.
B.
Maintenance of that part of the premises which he
occupies or controls in a clean, sanitary and safe condition.
C.
Maintenance of all plumbing, cooking and refrigeration
fixtures and appliances, as well as other building equipment and storage
facilities in that part of the premises which he occupies or controls,
in a clean and sanitary condition, and providing reasonable care in
the operation and use thereof.
D.
Keeping exits from his dwelling unit clear and unencumbered.
E.
Disposal of garbage and refuse into provided facilities
in a clean and sanitary manner.
F.
Extermination of insects, rodents or other pests within
his dwelling unit if his unit is the only one infested in the premises.
G.
Hanging and removing required screens.
H.
Keeping his domestic animals and pets in an appropriate
manner and under control.
[Amended 2-25-2013 by L.L. No. 1-2013]
In addition to those penalties proscribed by
state law, any person who violates any provision of the Uniform Code,
the Energy Code or this chapter, or any term or condition of any building
permit, certificate, temporary certificate, stop-work order, operating
permit or other notice or order issued by the Code Enforcement Officer
pursuant to any provision of this chapter, shall be liable to a civil
penalty of not more than $1,500 for each day or part thereof during
which such violation continues. The civil penalties provided by this
section shall be recoverable in an action instituted in the name of
this Town.
