Unsafe buildings — See Ch. 78.
Fire prevention — See Ch. 106.
Grass and weeds — See Ch. 120.
Historic preservation — See Ch. 124.
Noise — See Ch. 142.
Abandoned refrigerators — see Ch. 161.
Sewers — See Ch. 168.
Solid waste — See Ch. 172.
Subdivision of land — See Ch. 180.
Abandoned or junked vehicles — See Ch. 197.
Zoning — See Ch. 215.
§ 128-4Construal of provisions.
§ 128-5Conformity with other laws.
§ 128-7Occupied buildings; accessory uses.
§ 128-8Occupancy classification of buildings.
§ 128-9Maximum occupancy.
§ 128-10Prohibited uses.
§ 128-11Habitable space.
§ 128-13Light and ventilation.
§ 128-14Separation of units and rooms.
§ 128-15Public space.
§ 128-16Nonhabitable space.
§ 128-19General structural requirements.
§ 128-20Exterior structural protection.
§ 128-21Interior structural protection.
§ 128-22Prohibited accumulations and storage.
§ 128-23Compliance with Fire Prevention Code.
§ 128-24General equipment requirements.
§ 128-25General plumbing requirements.
§ 128-26Water supply.
§ 128-27Sewage drainage system.
§ 128-28Storm drainage.
§ 128-29Plumbing facilities.
§ 128-30Swimming pools.
§ 128-31Water supply tanks.
§ 128-32Fuel gas.
§ 128-34Chimneys, flues and gas vents.
§ 128-36Electrical wiring and equipment.
§ 128-37Artificial lighting.
§ 128-38Cooking and refrigeration.
§ 128-39Communal cooking and dining facilities.
§ 128-40Air-conditioning and mechanical ventilation in one- and two-family
§ 128-41Air-conditioning and mechanical ventilation in multiple dwellings.
§ 128-42Fuel oil.
§ 128-43Fire protection in multiple dwellings.
§ 128-44Elevators, dumbwaiters and escalators in multiple dwellings.
§ 128-45Accessory structures.
§ 128-47Porches, breezeways, covered patios, carports.
§ 128-48Property maintenance requirements.
§ 128-49Maintenance of open areas.
§ 128-50Maintenance of buildings and structures.
§ 128-51Infestation and screening.
§ 128-52Garbage and refuse.
§ 128-53Responsibilities of owners.
§ 128-54Responsibilities of occupants.
§ 128-55Responsibilities of lodging house operator.
§ 128-56Housing surveys.
§ 128-57Inspection of dwellings.
§ 128-58Access to dwellings.
§ 128-59Notice of violation.
§ 128-60Final order.
§ 128-61Referral of violations.
§ 128-62Power to act in emergencies.
§ 128-63Housing Inspector to abate hazards in emergencies.
§ 128-64Demolition as compliance.
§ 128-66Extension of compliance time.
§ 128-67Recording of notices.
§ 128-68Transfer of ownership.
§ 128-69Records and searches.
§ 128-71Unfit dwelling units.
§ 128-72Rules and regulations of inspector.
§ 128-73Penalties for offenses.
§ 128-74Judicial review.
§ 128-75Minimum Standards Appeals Board.
§ 128-76Housing Inspector.
This chapter shall be known as the "Minimum Housing Standards of Village of LeRoy Applicable to Residential Premises."
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 residential premises, and establishing reasonable safeguards for the safety, health and welfare of the occupants and users thereof.
This chapter shall apply to residential premises as follows:
Lots, plots or parcels of land on which residential buildings, buildings of mixed occupancy or accessory structures are located.
Residential buildings, including one- and two-family dwellings and multiple dwellings.
Residential occupancies in buildings of mixed occupancy.
Every portion of a building, accessory structure or premises, used or intended to be used for any dwelling purposes, shall comply with the provisions of this chapter, irrespective of when such a building shall have been built, altered or repaired.
Where a provision of this chapter is found to be in conflict with a provision of a zoning, building, electrical, plumbing, fire, safety, health, water supply or sewage disposal law or ordinance, or regulation adopted pursuant thereto, or other local law, ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail.
Installations, alterations and repairs to residential premises, and materials, assemblies and equipment utilized in connection therewith, shall be reasonably safe to persons and property and in conformity with applicable statutes of the State of New York and orders, rules and regulations issued by authority thereof. Conformity of such work, materials, assemblies or equipment with the applicable requirements of the New York State Building Construction Code
Terms used in this chapter have the following meanings:
- ACCESSORY STRUCTURE
- A structure, the use of which is incidental to that of the residential building, and which is located on the same premises. Such accessory structures shall include but shall not be limited to garages, barns, sheds, porches, workshops, breezeways, hothouses or greenhouses, covered terraces on patios, permanent-type awnings, fences of wood or metal, carports.
- ACCESSORY USE
- A use, occupancy or tenancy customarily incidental to the principal use or occupancy of a residential building. Such accessory uses may include among others, the following:
Offices for the building management.
Dining rooms, banquet rooms, public kitchens and ballrooms.
Recreation and play rooms.
Laundries for the use of tenants and occupants, and in connection with the management and operation of a residential building.
Maintenance and work shops, storage rooms for linen, bedding, furniture, supplies and tenants' equipment and effects.
Rooms or space for the incidental sale or display of merchandise to occupants and tenants, such newspaper, candy and cigar stands.
Garages within a residential building or on the premises thereof used primarily for the storage of passenger-type motor vehicles.
- Approved by the administrative officer under the regulations of this chapter or approved by an authority designated by law or this chapter.
- That space of a building that is partly below grade, which has more than half its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.
- 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 room, 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 average established curb level or finished grade of the ground adjoining the building.
- DWELLING, ONE-FAMILY
- Building containing not more than one dwelling unit, occupied exclusively for residential purposes.
- DWELLING, TWO-FAMILY
- Building containing not more than two dwelling units, occupied exclusively for residential purposes.
- DWELLING UNIT
- One or more rooms with provision 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 street or grade, including doorways, passageways, hallways, corridors, stairways, ramps, fire escapes and all other elements necessary for egress or escape.
- A household constituting a single housekeeping unit occupied by one or more persons.
- GENERALLY ACCEPTED STANDARD
- A specification, code, rule, guide or procedure in the field of construction
or related thereto, recognized and accepted as authoritative and in conformity
with the New York State Building CodeEditor's Note: The State Fire Prevention Code was superseded by the New York State Uniform Fire Prevention and Building Code, effective 1-1-1984. See Art. 18 of the Executive Law.
- GRADE, FINISHED
- Natural surface of the ground or surface of ground after completion of any change in contour, abutting building or premises.
- HABITABLE SPACE
- Space occupied by one or more persons for living, sleeping, eating or cooking. Kitchenettes shall not be deemed to be habitable space. (See definitions of "nonhabitable space," "public space" and "exit.")
- The presence within or contiguous to a dwelling, dwelling unit, lodging house, lodging unit or premises, of insects, rodents, vermin or other pests.
- Space, 60 square feet or more in floor area, with a minimum width of five feet, used for cooking or preparation of food.
- Space, less than 60 square feet in floor area, used for cooking or preparation of food.
- LODGING HOUSE
- A multiple dwelling used primarily for the purpose of furnishing lodging, with or without meals, for compensation.
- LODGING UNIT
- A room or group of rooms forming a single habitable unit, used or intended to be used for lodging.
- MIXED OCCUPANCY
- Occupancy of a building in part for residential use and in part for some other use not accessory thereto.
- MULTIPLE DWELLING
- A building:
Containing three or more dwelling units.
Containing living, sanitary and sleeping facilities occupied by one or two families and more than four lodgers residing with either one of such families.
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.
With sleeping accommodations for more than five persons used or occupied as a club, dormitory, fraternity or sorority house, or for similar uses.
Used or occupied as a convalescent, old-age or nursing home but not including private or public hospitals or public institutions.
- MULTIPLE RESIDENCE
- See definition of "multiple dwelling."
- NONHABITABLE SPACE
- Space used as kitchenettes, pantries, bath, toilet, laundry, rest, dressing, locker, storage, utility, heater and boiler rooms, closets, and other spaces for service and maintenance of the building, and the spaces used for access and vertical travel between stories. (See definitions of "habitable space," "public space" and "exit.")
- Any person over one year of age, living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit.
- Any person who has charge, care or control of a multiple residence or rooming house, in which dwelling units or rooming units are let or offered for occupancy.
- Owner, or owners of record of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person in control of a building.
- PLUMBING SYSTEM
- The water supply system, the drainage system, the vent system, fixtures and traps, including their respective connections, device and appurtenances within the property lines of the premises.
- POTABLE WATER
- Water which is approved for drinking, culinary and domestic purposes.
- PUBLIC SPACE
- 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.
- Liquid waste containing animal or vegetable matter in suspension or solution and which may include industrial wastes and liquids confining chemicals.
- An assembly of materials, forming a construction framed of component structural parts for occupancy or use, including buildings.
- TOILET ROOM
- Enclosed space, containing one or more water closets, which may also contain one or more lavatories, urinals and other plumbing fixtures. (See definition of "bathroom.")
- Supply and removal of air to and from a space by natural or mechanical means.
- VENTILATION, MECHANICAL
- Ventilation by power-driven devices.
- VENTILATION, NATURAL
- Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks with or without wind-driven devices.
Buildings occupied in whole or in part, as defined in this chapter, shall comply with the requirements hereinafter set forth concerning occupancy size, light and ventilation in order to provide safe and healthful environment.
The term "accessory use" shall have a uniform meaning and shall apply in the same manner and under the same conditions or restrictions to all residential buildings.
Buildings for the purpose of this chapter shall be classified in respect to their occupancies as follows:
One- and two-family dwellings: buildings containing one or two dwelling units with less than four lodgers residing with a family in either one of such dwelling units.
Buildings containing one or two dwelling units with more than four lodgers with a family in either one of such dwelling units.
Buildings containing three or more dwelling units.
Apartment houses and apartment hotels.
Buildings with sleeping accommodations for more than five persons used or occupied as a club, dormitory, fraternity or sorority house or for similar uses.
Accessory structures: garages, carports and similar type structures on residential premises.
In dwelling units, the maximum number of occupants shall be limited to the number determined on the basis of the floor areas of habitable rooms, other than kitchens, as follows: one occupant per room having floor area of at least 80 but less than 120 square feet; two occupants per room having floor area of at least 120 but less than 180 square feet; and three occupants per room having floor area of 180 or more square feet.
In lodging units, the maximum number of occupants shall be limited to the number determined on the same basis as for dwelling units.
In buildings occupied as clubs, dormitories, sorority or fraternity houses and providing sleeping accommodations for more than five persons, the maximum number of occupants so accommodated in any habitable room shall be limited to the number determined on the basis of the floor area, in square feet, of the room divided by 50 square feet per occupant.
It is prohibited to:
Use for sleeping purposes any kitchen, nonhabitable space or public space.
In lodging houses, use for dining purposes any communal kitchen containing less than 100 square feet of floor area or any nonhabitable space or public space other than dining space.
Prepare or eat meals in lodging units.
Use any cellar space as habitable space.
Height. Habitable space shall have a minimum ceiling height of seven feet six inches over 50% of the floor area, and the floor area where the ceiling height is less than five feet shall not be considered in computing floor area.
Area. A dwelling unit shall contain at least one habitable room having a minimum of 150 square feet of floor area and a minimum horizontal dimension of 10 feet.
Kitchens. Kitchens shall have a minimum of 60 square feet of floor area, and other habitable spaces shall contain not less than 80 square feet of floor area and shall have a minimum horizontal dimension of seven feet.
Alcoves. Every alcove less than 60 square feet in area, except a cooking space or foyer, shall be deemed to be part of a habitable room. The area of the opening in the dividing partition between the alcove and the room shall be at least 80% of the wall area of such partition, measured in the alcove side, but not less than 40 square feet. The depth of such alcove shall not exceed half its width. The floor area of the alcove shall be added to the floor area of the room in determining light and ventilation requirements for the room, but less than the required area of a habitable room, shall be separately lighted and ventilated as required for habitable space.
Basements shall not be deemed habitable space where required windows are located only on one wall and the depth of the basement space exceeds four times its clear height.
Natural light. Habitable space shall be provided with natural light through one or more windows, skylights, transparent or translucent panels, or any combinations thereof, that face directly on legal open spaces at least six inches above the adjoining finished grade or are above a roof. The amount of light shall be equivalent to that transmitted through clear glass equal in area to 10% of the floor area of the habitable space.
Artificial light. Habitable space shall be provided with artificial light.
Natural ventilation. Habitable space shall be provided with natural ventilation through openable parts of windows or other openings in exterior walls that face legal open spaces above the adjoining finished grade or above a roof, or through openable parts of skylights, providing total clear ventilation area equal to not less than 5% of the total floor area of each habitable space.
Mechanical ventilation. Habitable space may also be provided with mechanical ventilation in addition to natural ventilation.
Dwelling units shall be separated from each other and from other spaces outside the dwelling units.
Sleeping rooms within dwelling units shall be separated from each other and from other spaces outside the sleeping rooms to provide privacy.
Lodging units shall be separated from each other and from other spaces outside the lodging units.
A communal kitchen or dining room in a lodging house shall be accessible to the occupants sharing such kitchen or dining room without going through a dwelling unit or lodging unit of another occupant.
Height. Public space shall have a minimum height of seven feet six inches measured from finished floor to finished ceiling.
Light and ventilation.
In public stairs, stairways and passageways artificial light shall be electric lighting available at all times so as to afford safe passage for occupants and users. Such lighting shall conform to the following:
A sufficient number of fixtures shall be provided so that the distance between fixtures is not more than 30 feet and so that no wall is more than 15 feet distant from a fixture.
Incandescent lighting shall be based on not less than 1/4 watt per square foot of floor area, except that each fixture shall have a lamp or lamps with a total of not less than 25 watts.
Fluorescent lighting shall be based on not less than 1/10 watt per square foot of floor area, except that each fixture shall have a lamp or lamps of a total of not less than 15 watts.
Where under these formulas the calculated wattage does not correspond to that of a standard lamp, the next larger size shall be used.
Public spaces shall be provided with either natural ventilation, conforming to the requirements for habitable space, or with mechanical ventilation.
Height. Nonhabitable space, except closets, storage, heater and boiler rooms, crawl spaces and attics, in multiple dwellings shall have a minimum height of seven feet measured from floor to ceiling.
Toilet rooms and bathrooms.
Toilet rooms and bathrooms in one- and two-family dwellings shall have provisions for privacy.
Toilet rooms and bathrooms for dwelling units in multiple dwellings shall be located within the dwelling units and shall be accessible from any sleeping room without passing through any other sleeping room.
All dwelling units shall have toilet rooms and bathrooms.
Toilet rooms for employees in multiple dwellings shall be in separate rooms for each sex where there are five or more employees and shall not open directly into any public kitchen or other public space used for the cooking or preparation of food.
In one- and two-family dwellings, bathrooms and toilet rooms shall be provided with floors of moisture-resistant material.
In multiple dwellings, floors of bathrooms, toilet rooms and similar spaces shall be waterproof; such waterproofing shall extend six inches or more above floors except at doors, so that floors can be flushed or washed without leaking.
Light and ventilation.
Kitchenettes, bathrooms and toilet rooms shall be provided with artificial light appropriate for the use of such rooms.
Laundry rooms, furnace rooms and similar nonhabitable space shall be provided with artificial light appropriate for the intended use of such rooms.
Stairs shall be provided with artificial light to allow safe ascent or descent.
Kitchenettes, bathrooms and toilet rooms shall be provided with ventilation in accordance with either of the following:
Natural ventilation as required for habitable space, except that such openable areas shall be not less than 1 1/2 square feet for bathrooms or toilet rooms and not less than three square feet for kitchenettes; or mechanical ventilation exhausting not less than 25 cubic feet per minute for bathrooms and toilet rooms and not less than 100 cubic feet per minute for kitchenettes.
Spaces in multiple dwellings which contain central heat-producing, air-conditioning and other equipment shall be ventilated to the outer air, and air from these spaces shall not be recirculated to other parts of the building.
Ventilation shall be provided in unheated attics, spaces below flat roofs and crawl spaces. Location and net areas of ventilation openings shall be such as to minimize deterioration of structural members from condensation or other causes, in conformity with generally accepted standards.
Interior stairways. Interior stairways of every structure used for human habitation shall be structurally sound and free from defects. Railings shall be provided, securely fastened to structural members, maintained to be capable of bearing normally imposed loads on the open portion of stairs, balconies, landings and stairwells. Where interior stairways are enclosed by walls on both sides, a handrail shall be affixed to one side wall for the entire length of the stairs.
Exterior stairs. Exterior stairways shall be structurally sound and free from cracks and holes and capable of supporting normally imposed loads. Railing shall be provided on the open portion of stairs, balconies, platforms and landings. Where exterior stairs are enclosed by walls on both sides, a handrail shall be affixed to one side wall for the entire length of the stairs.
Folding stairs. Folding or disappearing stairs may be used only for access to attics or other nonhabitable space which is used for storage purposes and are prohibited as a means of access to any area used for habitation.
Safe, continuous and unobstructed exits shall be provided from the interior of the building to the exterior at street or grade level.
Exits shall be arranged, constructed and proportioned so that occupant may escape safely from the building in case of emergency.
In one- and two-family dwellings, in addition to a primary exit from the building, there shall be provided a secondary exit or, in lieu thereof, one or more exit openings for emergency use.
In multiple dwellings, approved exits shall be provided.
All dwelling units or sleeping rooms in the third story of any building shall have two means of egress. One of such means of egress shall be an enclosed stairway leading directly to the exterior of such building without additional entrances into such enclosed stairway; the other such means of egress can be an approved fire escape.
Strength. Building and parts thereof shall be maintained so as to be capable of sustaining safely their own weight and the loads of which they may be subject.
Soil load. Buildings shall be maintained so that loads are transmitted to the soil without undue differential settlement, unsafe deformation or movement of the building or of any structural part.
Protection. Buildings shall be maintained so that protection is provided for all structural members which may become structurally unsound if left unprotected. Causes of such deterioration include, among others, action of freezing and thawing, dampness, corrosion, wetting and drying and termites and other destructive insects.
Water penetration. Buildings built in soil which is water-bearing at any season of the year shall be maintained so that ground- and surface water will not penetrate into habitable spaces or basements used as sleeping rooms.
Foundation walls. Foundation walls shall be maintained so as to be structurally sound and to prevent entrance of moisture, termites and vermin. Such protection shall consist of shoring, where necessary, subsoil drains at footings, grouting of masonry cracks, waterproofing of walls and joists and other suitable means.
Exterior walls. Exterior walls and wall components shall be maintained so as to prevent deterioration due to the elements and destructive insects. Such maintenance shall consist of painting, installation or repair of walls, copings and flashings, waterproofing of joints, waterproof coatings, installation or repair of termite shields, poison treatment of soil or other suitable means.
Roofs. Roofing shall be maintained in watertight condition so as to prevent leakage into the building. Such maintenance shall consist of repairs of roofing, flashing, waterproof coatings or other suitable means.
Crawl space. Crawl space shall be maintained free of moisture, and the flow of air from such spaces into walls above shall be effectively barred so as to prevent deterioration of structural members. Such provisions shall consist of maintenance of openings in foundation walls to provide adequate circulation of air in the crawl space, covering the ground in the crawl space with a moisture barrier, installation of drains outside the structure if the crawl space is below surrounding grade, blocking openings in stud walls to prevent flow of air and moisture into walls, frequent destruction of termite tubes from the soil to wood floor members above, poison treatment of soil and other suitable means.
Structural members. Structural members shall be maintained so as to be structurally sound. Such protection shall consist of shoring, reinforcement or repair, where necessary, frequent destruction of termite tubes or other appropriate means.
Chimneys and flues. Chimneys and flues shall be maintained so as to be structurally sound and to prevent leakage of gases into the structure. Such maintenance shall consist of clearing flue stoppages, scaling open joints, repairing masonry, where necessary, and other suitable means.
Ceilings and walls. Ceilings and walls shall be maintained so that parts which become loose or defective do not constitute a hazard to occupants. In addition, ceilings and walls shall be maintained free of holes. Such maintenance shall consist of removing and replacing loose or defective sections.
Bathrooms. Toilet room and bathroom floors shall be maintained so as to prevent leakage of water through the floor, under normal conditions of use and floor washing, and resultant deterioration or defects in structural members and ceilings below. Maintenance shall consist of repairs which effectively provide the moisture- and waterproof qualities required for the particular floor.
It is prohibited to accumulate or store on residential premises, except in approved locations, any highly flammable or explosive matter, such as paints, volatile oils, cleaning fluids and similar materials, or any combustible refuse liable to spontaneous combustion, such as waste paper, boxes, rags or similar materials; or to accumulate or store materials on fire escapes or stairs, in stairways or passageways, at doors or windows, or in any other locations where in the event of fire such materials may obstruct egress of occupants or interfere with fire-fighting operations.
All residential premises shall conform to the applicable requirement set forth in the Fire Prevention Code.
Plumbing, heating, electrical, ventilating, air-conditioning, refrigerating, cooking, fire-protection and radiation-production equipment, elevators, dumbwaiters, escalators and other mechanical additions, installations or systems for the use of the buildings shall be installed, located and maintained so that under normal conditions of use such equipment and systems will not be a danger to health or welfare, a danger because of structural defects or a source of ignition or a radiation hazard, and will not create excessive noise or otherwise become a nuisance. Equipment and systems include but are not limited to apparatus, devices, fixtures, piping, pipe hangers, pipe covering, wiring, fittings and materials used as part of, or in connection with, such installations.
Equipment and systems subject to damage from freezing shall be adequately protected against freezing.
Moving parts of equipment which may be a potential hazard shall be guarded to protect against accidental contact.
Plumbing systems shall be maintained in sanitary and serviceable condition and shall be subject to the provisions set forth in the Plumbing Code and regulations of the City of Batavia.
Plumbing systems shall be maintained so as not to weaken structural members nor cause damage or deterioration to any part of the building through fixture usage.
Potable water from an approved source shall be available at all times in residential buildings. The domestic water supply system of the building shall be connected to such approved source and shall not be subject to contamination. When supplied from a public source, the potable water supply system shall not be connected to private or unsafe water supplies.
Water supply systems shall be installed and maintained so as to provide at all times a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable them to function satisfactorily and without undue noise under all normal conditions of use.
Water supply systems shall be installed and maintained so that water used for purposes of cooling or heating shall not be reintroduced into the domestic water supply system nor be distributed through such equipment to plumbing fixtures.
Hot-water supply systems shall be provided with safety devices arranged to relieve hazardous pressures and excessive temperatures.
Plumbing fixtures shall be drained to a sewage drainage system, and such system shall be connected to a public sewer or to an adequate and approved system of sewage disposal.
Substances which will clog the pipes, produce explosive mixtures, destroy the pipes or their joints or interfere unduly with the sewage disposal process shall not be discharged into the building drainage system, unless it is provided with approved devices suitable for intercepting such substances.
Each fixture directly connected to the sewage drainage system shall be equipped with a water seal trap.
Adequate cleanouts shall be provided and maintained so that the pipes may be readily cleaned.
The drainage system and its attendant vent piping shall be maintained so as to provide adequate circulation of air in all pipes in order that siphonage, aspiration or pressure will not cause a loss of trap seal under ordinary conditions of use.
Each vent terminal to the outer air shall be installed and maintained so as to minimize the possibilities of clogging, frost closure, the return of foul air to the building or the creation of a nuisance to adjacent premises.
Drains provided for fixtures, devices, appliances or apparatus containing food, water, sterile goods or similar materials shall be equipped with air breaks adequate to prevent contamination of such contents from any possible backup of sewage through the direct or indirect drainage piping.
Roofs and paved areas, including yards and courts, shall be drained. Storm drainage shall be conveyed to an adequate and approved system of stormwater disposal where available. Storm drains shall be discharged in such manner that water will not flow onto sidewalks.
Where a drainage system may be subject to backwater, suitable provision shall be made to prevent its overflow into the building.
Leaders and gutters, if used, shall be constructed of noncombustible material, except that wood leaders and gutters may be used for buildings not more than three stories high.
Buildings and portions thereof shall be provided with plumbing systems designed to dispose of sewage from all fixtures, and to furnish cold water to every water closet and urinal and hot and cold water to every sink, lavatory, bathtub and shower required therein. In multiple dwellings, hot water shall be furnished at 130° F. temperature range.
There shall be provided within each dwelling unit, plumbing fixtures consisting of at least one kitchen sink, one water closet, one bathtub or shower and one lavatory.
Where multiple dwellings contain sleeping accommodations arranged as individual rooms or suites, for each multiple of six sleeping rooms or fraction thereof, there shall be provided plumbing fixtures consisting of at least one water closet, one bathtub or shower and one lavatory.
Where multiple dwellings contain sleeping accommodations arranged as a dormitory, for each multiple of 15 persons or fraction thereof so accommodated, there shall be provided and located adjacent thereto plumbing fixtures consisting of at least one water closet, one bathtub or shower and one lavatory.
Urinals may be substituted in men's toilet rooms for not more than 1/3 of the required number of water closets.
Privies, privy vaults and outhouses are prohibited on residential premises.
Plumbing fixtures shall be made to meet the standards of the Plumbing Code of the City of Batavia.
Water supply used for filling or for cleaning of a swimming pool shall be clean. Water supply shall be protected against potential pollution from all sources, including cross-connection and backflow.
Drains shall be provided so that the pool can be safely and adequately drained. Drains shall be provided on floors surrounding the swimming pool and arranged so that water from such areas will drain without entering the pool.
Filtering, sterilizing and auxiliary equipment, where required, shall be adequate to maintain the sanitary quality of water during each period the pool is in use. Equipment containing gases or disinfectants capable of giving off irritating, toxic or flammable fumes shall be located in ventilated rooms.
The installation shall be arranged and maintained to prevent dirt, sand or other foreign matter from entering the bathing area.
Water supply tanks shall be installed and maintained so as to be watertight, verminproof, rodentproof, resistant to corrosion and capable of withstanding the working pressures under normal operation.
Supports for tanks shall be of noncombustible construction.
Tanks and their supports shall not be used to support equipment or structures other than for tank use, except where specially designed for such other use.
Means for emptying water supply tanks shall be provided and maintained in proper working condition.
Potable water supply tanks for domestic supply and standpipe or automatic sprinkler systems shall be installed and maintained to furnish water in sufficient quantity and pressure for such systems.
General requirements. Fuel gas piping systems shall be installed and maintained so as to remain gastight, safe and operative under conditions of use. Fuel gas piping systems shall provide a supply of gas sufficient to meet the maximum expected demand of the installed gas-burning appliances connected thereto.
Shutoff valves. Gas piping systems shall have at least one accessible means for shutting off all gas supply, and such means shall be maintained in good operating condition. An easily accessible shutoff valve or cock shall be provided in the piping in close proximity to and ahead of every outlet for gas appliance.
Service equipment for gas supplied from utility mains. Gas services, gas meters and gas pressure regulators shall be located so that they are protected from damage.
Gas refrigerators and ranges. Gas refrigerators and ranges shall be installed with clearance for ventilation and shall be maintained in good operating condition.
High-pressure gas. Any service connection supplying gas at a pressure in excess of one pound per square inch gauge shall be provided with a device to reduce such pressure to not more than 1/2 pound per square inch gauge prior to entering the meter, except where such service supplies equipment using gas at high pressures.
Liquefied petroleum gas.
Undiluted liquefied petroleum gas in liquid form shall not be conveyed through piping equipment and systems in buildings.
Liquefied petroleum gas shall not be vaporized by devices utilizing open flame or open electrical coil.
Where two or more containers are installed, connection shall be arranged so that containers can be replaced without shutting off the flow of gas to equipment.
Containers shall be designed, stored and located so as not to be a hazard to the premises served or to the surrounding property.
Systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location.
Systems shall have at least one accessible means for shutting off the gas. Such means shall be located outside the building and shall be maintained in good operating condition.
Residential buildings intended for occupancy between the first day of September and the first day of June of the following year shall be provided with heating equipment designed to maintain a temperature of not less than 70° F. at a distance of three feet and more from exterior walls and at a level of five feet above the floor in habitable spaces, kitchenettes, bathrooms and toilet rooms. The capability of the heating equipment to maintain such indoor temperature shall be based on the average of the recorded annual minimum outside temperatures for the locality.
In multiple dwellings, adequate heat shall be provided to maintain the indoor temperature in habitable spaces, kitchenettes, bathrooms and toilet rooms at 70° F. from 6:00 a.m. to 11:00 p.m. when the outside temperature falls below 55° F.
Smoke control. Fuel-burning heat-producing equipment shall be installed and maintained so that the emission or discharge into the atmosphere of smoke, dust, particles, odors or other products of combustion will not create a nuisance or be detrimental to the health, comfort, safety or property of any person.
Warm-air heating. Ducts and other air-handling equipment used for heating shall conform to the requirements of such equipment used for ventilating purposes.
Locations for heat-producing equipment. Fuel-burning water heaters shall not be located in sleeping rooms, bathrooms or toilet rooms.
Fuel supply connection. Fuel-burning equipment shall be permanently fastened and connected in place. Fuel supply connection to such equipment shall be made with pipe or tubing of solid metal.
Installation and clearance. Where heat-producing equipment is installed on or adjacent to combustible materials, the location, insulation, clearance and the control of the equipment shall be such that the temperature on the surface of the combustible materials will not exceed a safe temperature.
Air supply. Direct-fired heat-producing equipment and the enclosure in which it is located shall be provided with a supply of air adequate both for complete combustion at the rated gross output of the equipment and for the ventilation of the enclosure to prevent the accumulation of heat. Rooms containing fuel-burning equipment shall have such air supply provided by means of one or more openings to exterior or by means of fixed openings to interior spaces which open to the exterior.
Removal of products of combustion.
Equipment for burning solid or liquid fuel shall be connected to suitable chimneys or flues and shall not be connected to gas vents. Unvented heaters burning liquid fuel shall be prohibited.
Fuel-burning space heaters located in sleeping rooms or rooms normally kept closed shall be connected to a suitable chimney, flue or gas vent.
Gas-fired equipment shall be connected to a suitable chimney, flue or gas vent when the discharge of products of combustion into the space where the equipment is installed would be a hazard.
Safety devices. Equipment capable of developing hazardous pressures or temperatures shall be provided with means to relieve safely such pressures and temperatures. Controls for the safe operation of automatically operated heat-producing equipment shall be provided to function as follows: When failure or interruption of flame or ignition occurs, the fuel supply shall be cut off. When a predetermined temperature or pressure is exceeded, the input of additional heat shall be pressured or reduced to a safe rate. When the water level in a steam boiler drops below a predetermined level, the fuel supply shall be cut off. When failure or interruption of pilot light or main burner of liquefied petroleum gas equipment occurs, the fuel supply to each pilot light and main burner shall be cut off.
Heating of garages. Fuel-burning equipment for garages servicing multiple dwellings shall be located in heater rooms, except that equipment burning gas or liquid fuel, located in the vehicle storage space, shall be permitted in stories at or above grade where elevated so as not to be exposed to possible accumulation of flammable gases.
Chimneys, flues, gas vents and their supports shall be installed and maintained so as to be structurally safe, durable, smoketight, noncombustible and capable of withstanding the action of flue gases without softening, cracking, corroding or spalling.
Such facilities shall effectively convey the products of combustion to the outer air.
Masonry chimneys, except approved prefabricated chimneys, shall have noncombustible foundations.
Flue linings shall be capable of withstanding the action of flue gas without softening, cracking, corroding or spalling at the temperature to which they will be subjected.
Openings for smoke pipes or gas vent connections shall be provided with means for easy connection without restriction of flue.
No flue shall have smoke pipe or gas vent connections in more than one story of a building.
Fuel-burning equipment and fireplaces located in different tenancies shall not be connected to the same flue.
Chimneys, flues and gas vents shall be installed and maintained so that under conditions of use, the temperature of any combustible material adjacent thereto, insulated therefrom or in contact therewith, does not exceed a safe temperature.
A chimney or flue connected to an incinerator and a chimney or flue which may emit sparks shall be provided with a spark arrester of noncombustible construction. Spark arresters shall have sufficient total clear area to permit unrestricted passage of flue gases. Openings in spark arresters shall be of such size as to prevent passage of embers and to minimize clogging by soot.
Incinerators shall be of adequate capacity for the intended use.
Flue-fed incinerators shall be equipped with means for burning auxiliary fuel in sufficient quantity to assure complete combustion or refuse.
A flue serving an incinerator shall be provided with a substantially constructed spark arrester.
Incinerators shall be connected to a suitable noncombustible chimney, smokestack or flue.
Connections to incinerators shall provide free passage of refuse without clogging.
Service openings to incinerators shall be readily accessible to the building occupants.
Durable signs with plainly legible letters prohibiting disposal of highly flammable substances in incinerators shall be provided near service openings.
Electrical wiring and equipment shall be installed in conformity with generally accepted standards and maintained so as not to be a potential source of ignition of combustible material or a potential source of electrical hazard.
Electrical wiring and equipment shall be firmly secured to the surface on which it is mounted.
Electrical wiring and equipment installed in damp or wet locations, or when exposed to explosive or flammable gases, or to excessive temperatures, shall be a type approved for the purpose and location.
Electrical wiring and equipment shall be protected against excessive current by properly rated over-current devices.
Electrical wiring and equipment shall be grounded or otherwise protected by insulation, isolation or guarding so as to minimize the danger of high voltages from lightning or other causes.
Electrical equipment which in ordinary operation produces arcs or sparks shall be enclosed unless separated and isolated from all combustible material.
Service equipment and overcurrent protection devices shall be installed and maintained in a readily accessible location.
Every habitable room shall have one electrical light fixture or, in lieu thereof, one convenience outlet and at least one additional convenience outlet if the floor area does not exceed 120 square feet; for each additional 100 square feet of area or fraction thereof, one additional convenience outlet is required.
A convenience outlet is required in every laundry room.
The use of extension cords in place of permanent wiring, or for running from room to room, is prohibited.
The use of surface-mounted convenience outlets supplied by extension cords is prohibited.
Every kitchen or kitchenette shall have one convenience outlet for a refrigerator and at least one additional convenience outlet in kitchen or kitchenette. If said kitchen is over 120 square feet in area, one additional convenience outlet is required for each 100 square feet of area or fraction thereof.
Residential buildings and occupancies shall be wired for electricity, and lighting equipment shall be installed throughout to provide adequate illumination for the intended use of each space. Electric wiring system shall be connected to an adequate source of supply.
There shall be a switch or other means for controlling a light in each dwelling unit near the point of entrance to such unit.
Each dwelling unit shall be provided with appropriate connections for cooking and refrigeration equipment.
Cooking and refrigeration equipment shall be maintained in good operating condition.
Gas-burning cooking equipment shall be permanently fastened and connected in place. Gas supply connection to such equipment shall be made with pipe or tubing of solid metal.
Solid-fuel-burning cooking equipment shall be appropriately vented.
Communal kitchens and dining rooms shall comply with the following requirements:
Communal kitchens shall contain: at least one kitchen sink; at least one kitchen gas or electric stove equipped with an oven and not less than four top burners; at least one electric- or gas-type refrigerator with adequate food storage capacity, but in no case less than eight cubic feet nominal size. Dining space and eating facilities where provided in the kitchen area shall comply with the requirements for communal dining rooms.
Communal dining rooms shall contain at least one dining chair and two lineal feet of dining space for each occupant permitted in a dining room at any particular time.
In one- and two-family dwellings, exhaust air from a dwelling unit shall not be circulated to another dwelling unit. Air-conditioning and ventilating ducts shall be securely fastened in place and appropriately fire-stopped.
The following regulations apply to air-conditioning and mechanical ventilation systems in multiple dwellings.
Ventilating systems shall be installed and maintained so that the rapid spread of heat, flame or smoke through the system will be prevented, and so that under conditions of use, the temperature of any combustible material adjacent thereto, or in contact therewith, will not exceed a safe temperature.
Stairways, passageways, exits, shafts, hoistways, or attics shall not be used as plenum chambers.
Ducts shall be securely fastened in place and appropriately fire-stopped.
Ducts and other air-handling equipment shall be of noncombustible material.
Filters shall be installed and maintained so as not to constitute a fire or smoke hazard.
Ducts passing through or located within combustible construction shall be separated from such construction by a clearance of at least 1/2 inch or by a noncombustible insulating material at least 1/4 inch thick.
Air required for ventilation shall be taken from the exterior or shall be quality-controlled.
Exhaust air from a dwelling unit or a space whose contents may emit odors, fumes or vapors shall not be circulated to other occupied spaces within the building.
Air intake and exhaust openings.
Air intake and exhaust openings shall be installed, located and maintained so as not to constitute a hazard or nuisance and so as to prevent the possibility of fire, smoke, fumes or foreign matter being drawn into the system.
Ventilating systems shall be provided with adequate openings for incoming and outgoing air to obtain the required circulation. Intake openings shall provide air from an uncontaminated source.
Where openings for mechanical exhaust are located in spaces that also contain fuel-burning equipment, there shall be provided fixed intake openings from the exterior to supply sufficient air so that the fuel-burning equipment is not adversely affected.
Exhaust openings shall be located so that the exhaust air will not create a nuisance.
Enclosures or spaces where heat, gases, vapors or odors may accumulate and become a potential source of hazard or nuisance shall be provided with adequate means of ventilation to remove such excess.
Public spaces shall be provided with means for obtaining air supply for the maximum number of persons for which such spaces are designed.
Manually operated controls shall be provided to stop the operation of all central fan equipment. Such controls shall be conspicuously identified and be in readily accessible locations outside the fan room.
Every system using recirculated air and serving an assembly space or more than one fire area or more than one story of a building shall be provided with controls arranged so that under abnormal rise in temperature of the air in the system, the fans causing normal circulation shall stop and require manual restart.
Every system for ventilating an assembly space shall be provided with an emergency switch conveniently located and with a durable sign giving instructions for shutting down the system in case of fire.
General requirements. Fuel oil shall be received, stored and conveyed by means of fixed liquidtight equipment.
Storage tanks. Fuel oil storage tanks shall be provided with means for venting. Tanks shall be installed and maintained so as not to be a hazard to the premises served or the surrounding property.
Remote control of oil flow. Automatically operated boilers and furnaces using fuel oil shall be provided with remote control to stop the flow of oil during fire or other emergency.
Piping. Filling, emptying and venting of tanks shall be by means of fixed piping. Pipes to underground tanks shall be pitched toward tanks. Terminals of fill and vent pipes shall be located outside buildings at a safe distance from building openings.
Fire alarm systems. Required fire alarm systems in multiple dwellings shall be maintained in proper operating conditions at all times.
Sprinkler equipment. Required sprinkler equipment in multiple dwellings shall be maintained in proper operating condition at all times. Storage of materials shall cause minimum interference to effective discharge of water. Valves controlling water supply to sprinklers shall be secure in the open position. Sprinkler heads shall be maintained free of corrosion and paint.
Standpipe systems. Standpipe systems in multiple dwellings shall be maintained in proper operating condition at all times. Gate valves at hose stations shall be maintained tight against leaks. Hose shall be in proper position ready for operations dry and free of deterioration.
Portable extinguishers. Each oil burner in a multiple dwelling for boiler, furnace or central hot water heater shall be provided with an approved hand fire extinguisher or two rounded-bottom pails filled with sand. Portable extinguishers required for fire protection shall be in their designated locations and in a condition which will permit efficient operation without delay.
Elevators, dumbwaiters and escalators shall be maintained so as to be free from physical and fire hazards.
Elevators and power-operated dumbwaiter cars shall be provided with durable signs in conspicuous locations on which the rated capacity shall be indicated.
Elevator cars shall be provided with approved means for transmitting a signal outside the hoistway in case of emergency.
Hoistways and pits shall be maintained free of refuse.
Machine rooms shall be maintained free of oil and grease and shall not be used for storage of articles or materials unnecessary for the maintenance of the elevator or dumbwaiter. Flammable liquids shall not be kept in such rooms.
No person shall at any time make any required safety device or electric protective device inoperative, except where necessary during tests, inspections or maintenance.
All accessory structures shall be maintained in conformity with any or all regulations of this chapter which are applicable.
All garages, attached or detached, all barns, sheds, toolhouses, workshops, hothouses, greenhouses or any other outbuilding shall be maintained in a safe and sound structural condition.
Porches, open or closed, shall be maintained in a safe condition on firm foundations with solid framing and with floors free of openings larger than 1/2 inch. Posts and railings must be in good condition, well secured, reasonably plumb or level. Supporting and framing members of the roof shall be sound and of dimension to carry the load normally imposed. Roofing material shall be maintained to be free of leaks at any location, including flashing against the building. Porch steps shall be firm, free of large cracks or loose members.
Roof of breezeways shall be firmly supported by or secured to the buildings which are connected by the roof and shall be maintained to be free of any physical hazard.
Roof covers over terraces, patios or carports may be of either combustible or noncombustible material. Supports and framing members shall be sound, of adequate dimension and firmly secured. The roof covering material shall be maintained to shed water and to be free of any physical hazard.
Metal or other permanent-type awnings over doors, entrances or windows shall be well secured in place and maintained in a safe condition so as to prevent any physical hazard.
Residential premises shall be maintained in conformity with the provisions of this chapter so as to assure the desirable residential character of the property and be free of conditions which might create a health, accident or fire hazard.
Surface drainage. The ground surrounding the structure shall, when practical, be graded away from the building and foundation. Conductors or drain pipes, where used, shall function properly. Stormwater shall be properly drained to prevent recurrent or excess ponding or the entrance of water into any basement or cellar.
Hazards. Exterior property areas shall be reasonably free from holes and excavations, sharp protrusions and other objects or conditions which might a potential cause of personal injury.
Walks and steps. Walks, steps and driveways that contain holes or tripping hazards shall be filled, repaired or replaced as the need indicates.
Wells and cisterns. Open wells, cesspools or cisterns shall be securely closed.
Fences. Fences and other minor constructions shall be maintained in safe and substantial condition.
Painting. All exterior wood surfaces of a structure that are not inherently resistant to decay and deterioration shall be periodically treated with a protective coating of paint or other suitable preservation.
Weatherproofing. Exterior walls, roofs and all openings around doors, windows, chimneys and all other parts of the structure shall be maintained so as to keep water from entering the structure.
Loose objects. Walls, roofs and all other parts of the structure shall be free from loose and unsecured objects and materials. Such objects shall be removed or repaired.
Fire damage and catastrophe.
Whenever any dwelling, dwelling unit, rooming house, lodging house, lodging or accessory structure shall have been damaged by fire, wind, collision or impact or other cause to such extent as to make such dwelling, dwelling unit, rooming or lodging house, lodging or accessory structure unfit for human occupation, the owner of the affected property shall make such repair, replacement, alteration or modification as may be determined by the Housing Inspector to secure compliance with the standards of this chapter.
If the total damage is in excess of 20% of the value of the damaged structure prior to the catastrophe, all repair, replacement, alteration or modification shall be done only after issuance of a proper building permit and in compliance with Chapter 210, Zoning, of the Code of the Village of LeRoy and the New York State Building Construction Code.
If it is the intent of the owner to demolish a damaged structure, he shall secure the necessary permit to do so from the Building Inspector and comply with all rules and regulations of the city and the Labor Department of the State of New York as applicable to demolition.
There shall be no abandonment of buildings damaged by fire, wind, collision or other catastrophe. Regardless of other provisions of this chapter, repair or replacement of fire damage or other catastrophe damage must be accomplished within six months following the date of the catastrophe, thereby restoring the building to habitable condition, or the building must be demolished. This provision applies also to existing structures.
Insects, rodents and vermin. Grounds, buildings and structures shall be maintained free of insect, vermin and rodent harborage and infestation. Where a rodent and vermin problem exists, all exterior windows, doors and other openings from two feet above ground to two feet below ground shall be screened or protected with acceptable wire mesh or other approved materials. Defects, cracks or holes shall be tightly sealed to prevent the entrance of vermin and rodents.
Adequate sanitary containers and facilities shall be used for the storage and handling of garbage and refuse. The interior of every structure used for human habitation shall be maintained free from rubbish and garbage that might become a health, accident or fire hazard. Exterior property areas shall be kept clean at all times. Materials of an inflammable nature shall be safely stored. In multiple dwellings, it shall be prohibited to store or accumulate garbage or refuse in public halls, stairways and on fire escapes. Collection and disposal of garbage and refuse shall be done in accordance with applicable regulations of the Village of LeRoy.
Owners of premises shall be responsible for compliance with this chapter and shall remain responsible therefor, regardless of the fact that this chapter may also place certain responsibilities on operators and occupants, and regardless of any agreement between owners and operators or occupants as to which party shall assume such responsibility.
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.
Occupants of dwelling unit shall be responsible for compliance with this chapter in regard to the following:
Limiting occupancy of that part of the premises which he occupies or controls to the maximum permitted by this chapter.
Maintenance of that part of the premises which he occupies or controls in a clean, sanitary and safe condition.
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.
Keeping exits from his dwelling unit clear and unencumbered.
Disposal of garbage and refuse into provided facilities in a clean and sanitary manner.
Extermination of insects, rodents or other pests within his dwelling unit if his unit is the only one infested in the premises.
Keeping his domestic animals and pets in an appropriate manner and under control.
Lodging house operators shall be responsible for compliance with this chapter in regards to the following:
Limiting occupancy to the maximum permitted by this chapter.
Maintenance of safe and sanitary conditions in all parts of lodging house premises.
Maintenance and operation of all required service facilities.
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.
Sanitary maintenance of walls, floors and ceilings.
Keeping exits clear and unencumbered.
Disposal of building garbage and refuse in a clean and sanitary manner.
Extermination of insects, rodents or other pests on the premises.
The Housing Inspector is authorized to make surveys in any area of the city to determine the general condition of structures used for human habitation, the extent of deterioration, lack of facilities and maintenance, unsafe and unsanitary conditions, the extent of overcrowding, land use and other relevant factors.
The Housing Inspector shall be authorized to make or cause to be made, inspections to determine the condition of dwellings, dwelling units, rooming houses, rooming units and premises in order to safeguard the health, safety, morals and welfare of the public. The Housing Inspector, or his designated representatives, may enter any dwelling, dwelling unit, rooming house, rooming unit or premises at any reasonable time during business hours or at such other time as may be necessary in an emergency for the purpose of performing his duties under this chapter. Inspections herein authorized shall be limited to the provisions of this chapter.
Authorization to enter premises may be grounded on any of the following reasons:
A proper determination of probable cause that conditions not conforming to this chapter exist in a particular building.
An official determination that there shall be a blanket inspection of all buildings subject to this chapter in a defined area.
An official determination that inspections be made as a part of a routine spot check.
The owner, operator, agent or occupant of every dwelling, dwelling unit, rooming house, rooming unit or premises shall give personnel authorized in § 128-57 access to such dwelling, dwelling unit, rooming house, rooming unit and premises, for the purpose of such inspections, at any reasonable time during business hours or at such other times as may be necessary in an emergency.
The Housing Inspector and his designated representative shall be supplied with official identification and shall exhibit such identification when entering any dwelling, dwelling unit, rooming unit or premises.
Whenever the Housing Inspector determines that there has been a violation, or that there are reasonable grounds to believe that there has been a violation, of any provision of this chapter or any rule or regulation adopted pursuant thereto, he shall give notice of such violation or alleged violation to the person or persons responsible for such violation. Such notice shall be in writing and shall specify the alleged violation and shall provide a reasonable time, not less than 10 days, for compliance and shall be served upon the owner, operator, agent and occupant. Such notice shall be deemed to be properly served upon such of the aforementioned persons if a copy is served upon such person personally; or if a copy thereof is sent by registered mail, return receipt requested, to the last known address of such person; or if a copy is posted in a conspicuous place in or about the building affected by the notice, and if a copy is mailed by registered mail to the aforesaid person or persons; or by such other method authorized by the laws of the State of New York. Such notice shall inform the person to whom it is directed of his right to apply for a hearing before the Minimum Standards Appeals Board as provided in § 128-70. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
Any notice of violation provided for in § 128-59 shall automatically become a final order if written request for a hearing is not filed in the office of the Housing Inspector within 10 days after service of the notice. A copy of the final order shall be served as provided in § 128-59.
Whenever it is determined that the condition of a dwelling, dwelling unit, rooming house, rooming unit or premises is in violation of any applicable code, the correction or control of which condition is provided for by this chapter or the correction or control of which is provided for by a higher standard if any other law, code, ordinance or regulations, the correction or control of such condition or violation shall be governed by that law, code, ordinance or regulation which establishes the higher standard as provided in § 128-4.
Whenever the Housing Inspector, at any stage of the proceedings instituted under the provisions of this chapter, finds that a violation of this chapter exists which, in his opinion, requires immediate action to abate a direct hazards, or immediate danger to the health, safety, morals and welfare of the occupants of a building or of the public, he may, without prior notice or hearing, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger immediately. Such order may include an order to vacate as provided in § 128-71C if not remedied immediately.
Whenever any violation of this chapter, which in the opinion of the Housing Inspector causes a direct hazard or immediate danger to the health, safety, morals or welfare of the occupants of a building or the public, has not been corrected in the time specified by the order issued under § 128-62, the Housing Inspector may take such direct action as is necessary to abate the hazard or danger. Expenses incurred in the execution of such orders shall be recovered as provided in § 128-71J.
Any owner of a building receiving a notice of violation stating that such building does not comply with the provisions of this chapter may demolish such building, and such action shall be deemed compliance. On demolition, all utilities shall be properly disconnected by the owner, operator, agent or occupant.
At the end of the period specified in the notice of violation or any extension thereof, it shall be the duty of the Housing Inspector to make, or cause to be made, a reinspection of the dwelling, dwelling unit, rooming house, rooming unit or premises, and, if compliance has not been established, appropriate legal action shall be instituted as specified in § 128-73, provided that additional notices of violation are not required.
The Housing Inspector may extend the compliance time specified in any notice of order issued under the provisions of this chapter where there is evidence of intent to comply within the period specified, provided that reasonable conditions exist which prevent immediate compliance.
Whenever a notice or order has been issued for any infraction of this chapter, the Housing Inspector may file a copy of such notice or order in the office of the County Clerk. Such recording shall constitute appropriate information of such notice or order to any subsequent purchaser, transferee, grantee, mortgagee or lessee of the property affected thereby.
No owner of any dwelling, dwelling unit, rooming house, rooming unit or premises upon whom any notice or order pursuant to this chapter has been served shall sell, transfer, grant, mortgage, lease, or otherwise dispose thereof, such property to another until compliance with the provisions of such notice or order has been secured, or until such owner shall furnish to the purchaser, transferee, grantee, mortgagee or lessee, prior to such sale, transfer, grant, mortgage or lease, a true copy of such notice or order and at the same time give adequate notification to the Housing Inspector of his intent to sell, transfer, grant, mortgage or lease and supply the name and address of such person or persons to whom the sale, transfer, grant, mortgage or lease is proposed. A purchaser, transferee, grantee, mortgagee or lessee who has been informed of the existence of any notice or order issued pursuant to this chapter shall be bound thereby and shall be required to comply with all previous notices and orders issued pursuant to this chapter and shall be subject to all the provisions and penalties contained in this chapter.
All records of the Housing Inspector relative to violations shall be public. Upon requests, the Housing Inspector shall be required to make a search and issue a certificate of any of his records and shall have the power to charge and collect a fee of $2 for such searches or certificates, which fee shall be deposited in the general funds of the city.
Request for hearing. Any person affected by any notice of violation or order issued in connection with the enforcement of any provision of this chapter, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing before the Minimum Standards Appeal Board, provided that such person shall file in the office of the Housing Inspector, a written request for such hearing, setting forth a brief statement of the grounds therefor, designating the person of his address upon whom orders may be served, and setting forth the reasons why such notice of violation or order should be modified or withdrawn. If this request is filed within 10 days after the service of notice of violation or order, compliance with such notice shall not be required while the bearing is pending, except in emergencies or as otherwise provided.
Hearing. Except in emergencies, upon receipt of a request for a hearing as provided in this section, the Minimum Standards Appeals Board shall set a time and place for such hearing and shall give the applicant at least 10 days' written notice thereof. Such hearing shall commence not later than 60 days after the date on which the request was filed; however, hearings may be postponed beyond such 60 days for good and sufficient reason. At such hearing the applicant or his representative shall be given an opportunity to show cause why such notice of violation or order should be modified or withdrawn.
Finding of hearing. After a hearing held in accordance with this section and on consideration of the evidence presented, the Minimum Standards Appeals Board shall sustain, modify or withdraw the notice. If the notice of violation or order is sustained or modified, such decision shall be deemed a final order and shall be served as provided in § 128-59 on the person or persons whom the Minimum Standards Appeals Board shall find to be responsible for the violation. Where there are practical difficulties or unreasonable hardships in the literal enforcement of the provisions of this chapter, the Minimum Standards Appeals Board shall have the power to authorize a variance from the provision of this chapter, provided that the intent of this chapter shall be observed with respect to the safeguarding of the public health, safety, morals and welfare.
Record of hearing. The Minimum Standards Appeals Board shall keep a summary of testimony and a copy of every relevant notice or order, the request for a hearing, entries of appearance, findings of fact, if any, and the final determination, and such record shall be maintained as a public record.
Designation. Any dwelling unit, dwelling, rooming house or rooming unit having any of the following defects may be designated by the Housing Inspector as unfit for human habitation and may be so placarded:
The structure lacks illumination, ventilation, sanitation, heat or other facilities adequate to protect the health and safety of the occupants or the public.
The structure is damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested in such a manner as to create a serious hazard to the health and safety of the occupants of the public.
The structure, because of the location, general conditions, state of the premises or number of occupants, is so unsanitary, unsafe, overcrowded or otherwise detrimental to health and safety that it creates a serious hazard to the occupants or the public.
The structure, because of the failure of the owner or occupant to comply with such notice or orders issued pursuant to this chapter, is unfit for human habitation.
The Housing Inspector shall determine whether or not a dwelling, dwelling unit, lodging house or lodging unit, in whole or in part, has been made unfit for human habitation by catastrophe of fire, wind damage, lightening, impact from falling object of any nature, impact of vehicles or damage from any cause whatsoever.
Notice of intent to vacate. Whenever the Housing Inspector determines that a dwelling, dwelling unit, rooming house or rooming unit is unfit for human habitation as provided in this section, he shall include such finding within the notice of violation provided for in § 128-59, and he shall also include a statement of his intent to vacate and placard the dwelling, dwelling unit, rooming house or rooming unit if compliance with the provisions of the notice of violation has not been secured.
Order to vacate. Whenever a notice of violation as provided in Subsection B has not been complied with or where § 128-70A has not been invoked, the Housing Inspector may order the dwelling, dwelling unit, rooming house or rooming unit to be vacated. A copy of such notice to vacate shall be served on the owner, agent, operator and the occupant, as provided in § 128-59.
Vacation of unfit dwellings. Any dwelling, dwelling unit, rooming house or rooming unit, designated as unfit for human habitation pursuant to this section and ordered vacated, shall be vacated within such reasonable time as the Housing Inspector may specify in the order. No such dwelling, dwelling unit, rooming house or rooming unit shall again be used for human habitation and the placard removed until written approval is secured from the Housing Inspector.
Removal of placard. No person shall deface or remove the placard from any dwelling, dwelling unit, rooming house or rooming unit which has been designated as unfit for human habitation, except as provided in Subsection D.
Vacated dwelling made secure. The owner, agent or operator of any dwelling, dwelling unit, rooming house or rooming unit which has been designated as unfit for human habitation and vacated shall make such dwelling, dwelling unit, rooming house or rooming unit safe and secure in whatever manner the Housing Inspector shall deem necessary. Any vacant building open at the doors and windows, if unguarded, shall be deemed dangerous to life and a nuisance within the meaning of this provision.
Notice of intent to demolish. Whenever the Housing Inspector designates a dwelling or rooming house unfit for human habitation, as provided in this chapter, and determines that the cost necessary to correct the violation is not reasonably related to the value of the building, he shall include within the notice of violation, provided for in § 128-59, a statement of his intent to order the demolition of the structure. A copy of such notice shall be served on the owner, occupant, lessee and mortgagee, as provided in § 128-59. The owner may demolish such structure, as provided in § 128-64, or correct the violation, regardless of cost, provided that the requirements of the building code in effect at the time of attempted compliance are satisfied.
Order to demolish. Whenever a notice of violation as provided in such Subsection G has not been complied with, the Housing Inspector may order the building demolished. Such order shall be served as provided in § 128-59, and demolition shall be completed within the time specified by the Housing Inspector.
Housing Inspector to make repairs or demolish. Whenever a notice of order to remove a violation, secure, vacate or demolish a building has not been complied with and when such failure to comply is deemed by the Housing Inspector to constitute a nuisance, he may proceed to cause the structure to be demolished, repaired, altered, secured, vacated or take such other action as is necessary abate the nuisance. Whenever the Housing Inspector determines that such nuisance exists, he shall record sufficient proof to support such determination, and the owner, occupant, lessee and mortgagee shall be notified of such finding pursuant to § 128-59. Abatement authorized by this section shall not commence until at least 10 days after service of such notice.
Recovery of expenses. The expenses incurred pursuant to § 128-63 and Subsection I of this section shall be paid by the owner or occupant of the premises, or by the person who caused or maintained such nuisance or other matter. The Housing Inspector shall file among his records an affidavit stating with fairness and accuracy, the items of expense, and that each said item was necessary, and the cost thereof does not exceed the current hourly rate of wages for the action, and the date of execution of actions authorized by § 128-11.63 or Subsection I of this section. The Housing Inspector may cause such expenses to be charged against the property as a lien. A notice of such lien shall be mailed to or served upon the owner, operator, agent and occupant claimed liable to pay the same, and a similar copy may be filed in the office of the Village Treasurer and the Bureau of Assessments of the Village of LeRoy and, upon such filing, shall be a lien on the property to the same extent as village taxes and shall be included in the general village tax roll and enforced in the same manner as other village taxes.
The Housing Inspector is authorized to make and adopt such written rules and regulations as may be necessary or the proper enforcement and interpretation of this chapter and to secure the intent thereof.
Any person violating or resisting the enforcement of any provision of this chapter shall be punishable by a fine of not more than $25 or by imprisonment for not more than five days or both. Each day that such violation continues shall constitute a separate offense. The term "person" as used in this section shall include the owner, occupant, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person directly or indirectly in control of a building or part thereof. In addition to other remedies, the Village of LeRoy may institute appropriate action to restrain, prevent, enjoin, abate, correct or remove any violation and to take such other legal action as is necessary to carry out the terms and provisions of this chapter. The remedies provided for herein shall be cumulative and exclusive and shall be in addition to any other remedies provided by law, and all remedies may be pursued concurrently or consecutively, and the pursuit of any remedy shall not be construed as an election or the waiver of the right to pursue any and all of the others.
Any person aggrieved by any final order or decision of the Minimum Standards Appeals Board may seek to have such order reviewed by the Supreme Court in the manner prescribed by Article 78 of the Civil Practice Law and Rules and as otherwise provided for in the laws of the State of New York.
A Minimum Standards Appeal Board is hereby established. It shall be the duty of such Board to conduct hearings in accordance with the procedure set forth in § 128-70.
The Board shall consist of five members appointed by the Village Board; members shall serve without pay. Of the members first appointed, one member shall serve for a term of one year; two for a term of two years; two for a term of three years. Thereafter the term of office shall be for three years. A member shall continue to hold office until his successor is appointed and has qualified. A majority of the members shall constitute a quorum. Appointments of successors shall be for a full term of three years, except that the appointment of a person to fill a vacancy of any unexpired term of any members shall be filled for such unexpired term only.
The Minimum Standards Appeal Board shall choose its own Chairman, and in his absence an Acting Chairman, and shall adopt its own rules of procedure. All meetings of the Board shall be held at the call of the Chairman and at such other times as the Board shall determine.
The Chairman or, in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses.
All meetings of the Minimum Standards Appeal Board shall be open to the public; provided, however, that the Chairman, upon the request of the petitioner, may declare the meeting closed to the public during the testimony and examination of the petitioner. Upon the completion of petitioner's testimony and examination, the Chairman shall reopen the meeting. After all parties and owners of affected property who have appeared have been heard, the Board may conduct its deliberations in executive session.
The concurring vote of three members of the Minimum Standard Appeal Board shall be necessary to decide in favor of the applicant any matter upon which said Board is required to pass under the provisions of this chapter.
No application or appeal, even for a variance or special exception, shall be submitted directly to the Minimum Standards Appeal Board; every application or appeal shall be submitted first to the appropriate office, department, board or bureau of the village.
The position of Housing Inspector is hereby created in the Department of Public Works.