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Village of North Collins, NY
Erie County
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Table of Contents
Table of Contents
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 and shall not apply to premises which are not within the scope of applicable housing standards.
A. 
Establishment.
(1) 
There is hereby established or designated an agency to administer and secure compliance with the applicable housing standards. Such agency is hereinafter referred to as the "Village Board."
(2) 
The Village Board shall have as its representatives such assistants and inspectors as may be necessary to carry out effectively the Code of Housing Standards.
(3) 
All personnel of the Village Board shall be qualified and appointed as prescribed by local law and shall be furnished with appropriate official badges or identification cards.
(4) 
All personnel of the Village Board shall be free from personal liability for acts done in good faith in the performance of their official duties.
B. 
Powers and duties.
(1) 
The Village Board 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 and for its own organization and internal management, provided that such rules and regulations shall not be in conflict with the applicable housing standards.
(2) 
The Village Board shall be authorized to conduct surveys of housing in any area of the village 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.
(3) 
It shall be the duty of the Village Board to:
(a) 
Cause an investigation of all complaints of alleged housing violations or other unsafe or insanitary conditions.
(b) 
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 Village Board, 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.
(c) 
Request the chief legal officer of the municipality to take appropriate legal action in the name of the Village Board upon failure of the responsible party to comply with such violation order within the time specified therein.
(d) 
Cause a search of the Village Board'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.
(e) 
Study housing conditions in the municipality.
(f) 
Cooperate with other municipal, governmental and private agencies engaged in the study and improvement of housing conditions.
(4) 
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 Village Board may issue an order citing the violation and directing such action by such municipal agency as is necessary to remove or abate the immediate hazard or danger.
A. 
Inspectors shall be authorized and shall have the right in the performance of their duties, if so ordered by the Village Board, 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 personnel acting in the performance of their duties.
The Village Board 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 and shall be available for public inspection.
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
A. 
Responsibilities of owner.
(1) 
Owners of premises shall be responsible for compliance with the housing standards 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 agreements between owners and operators or occupants as to which party shall assume such responsibility.
(2) 
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.
B. 
Responsibilities of lodging house operators. Lodging house operators shall be responsible for compliance with the housing standards in regard to the following:
(1) 
Limiting occupancy to the maximum permitted by the housing standards.
(2) 
Maintenance of safe and sanitary conditions in all parts of lodging house premises.
(3) 
Maintenance and operation of all required service facilities.
(4) 
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.
(5) 
Sanitary maintenance of walls, floors and ceilings.
(6) 
Keeping exits clear and unencumbered.
(7) 
Disposal of building garbage and refuse in a clean and sanitary manner.
(8) 
Extermination of insects, rodents or other pests on the premises.
(9) 
Hanging and removing required screens.
C. 
Responsibilities of occupants. An occupant of a dwelling unit shall be responsible for compliance with the housing standards in regard to the following:
(1) 
Limiting occupancy of that part of the premises which he occupies or controls to the maximum permitted by the housing standards.
(2) 
Maintenance of that part of the premises which he occupies or controls in a clean, sanitary and safe condition.
(3) 
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.
(4) 
Keeping exits from his dwelling unit clear and unencumbered.
(5) 
Disposal of garbage and refuse into provided facilities in a clean and sanitary manner.
(6) 
Extermination of insects, rodents or other pests within his dwelling unit if his unit is the only one infested in the premises.
(7) 
Hanging and removing required screens.
(8) 
Keeping his domestic animals and pets in an appropriate manner and under control.