[HISTORY: Adopted by the Governing Body of
the Town/Village of East Rochester 2-9-1983 by L.L. No. 2-1983 as
Ch. 111 of the 1983 Code. Amendments noted where applicable.]
A.
It is hereby
declared that there exist in the Town/Village of East Rochester, Monroe
County, New York, dilapidated, substandard and insanitary dwellings,
a number of which are unfit and unsafe for human habitation; that
such dwellings, if permitted to continue, will lead to the creation
of slums and constitute a nuisance and a menace to the safety, health,
comfort and general welfare of the inhabitants of the Town/Village;
that the preservation of the safety, health, comfort and general welfare
of the inhabitants of the Town/Village requires the taking of such
steps as are necessary to eliminate dilapidated, substandard and insanitary
dwellings and provide for the repair or demolition of the same; and
that the preservation of the safety, health, comfort and general welfare
of said inhabitants requires that the Town/Village Health Officer,
or such other person as may be designated by the Board of Trustees,
inspect structures, dwellings, dwelling units, yards and courts within
the Town/Village for the purpose of determining whether or not conditions
exist which are detrimental to the health, safety, comfort and general
welfare of the inhabitants. He shall thereupon make such report to
the Board of Trustees as he deems advisable in order that the Board
of Trustees may take such action to remedy or remove such condition
in the manner and form hereinafter set forth.
B.
All dwellings
shall comply with the requirements of the New York State Uniform
Fire Prevention and Building Code and Energy Code and the requirements
of this chapter. Where this chapter conflicts with the Uniform Code,
whichever provisions are more restrictive or impose the greater requirements
shall prevail.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Every dwelling and/or structure within the confines
of the Town/Village shall at all times be kept in good condition and
repair by the owner of the same. The standards to be used in determining
good condition and repair shall be as follows:
A.
Any and all dwellings and places inhabited by human
beings shall be at all times fit and proper for human habitation as
may be determined by an examination thereof by the Public Health Officer
of the Town/Village or such others as may be designated by the Board
of Trustees and shall conform to and be maintained at all times in
accordance with the Public Health Law of the State of New York and
the ordinances of the Town/Village of East Rochester.
B.
The exterior surface of all dwellings and other structures
shall be sufficiently protected from damage by the elements and from
decay, by the application of paint or such other protective covering
as is necessary to accomplish this purpose.
C.
All buildings within the Town/Village shall be of
sound construction and shall at all times be so maintained as to be
free from visible evidence of decay or deterioration, both on the
interior and on the exterior.
D.
The surface of all roofs on all structures shall be
at all times so maintained as to prevent the entry into said structures
of rain, snow, moisture or other products of the elements.
E.
Except for detached garages, all roof water or condensation
from the atmosphere and the elements shall be collected in approved
metal tight eave troughs and delivered to or below the ground level
by means of approved metal or other containers commonly known as "conductor
pipes," which conductor pipes shall be kept in suitable and proper
repair at all times.
[Amended 3-8-1999 by L.L. No. 1-1999]
F.
All water heaters and furnaces must be vented at all
times to the outside of the building.
When used in this chapter, the following terms
shall have the following respective meanings:
Any building which is wholly or partly used or intended to
be used for use for living or sleeping by human occupants.
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking and eating.
A room which is designed or may be used for living, sleeping, eating or cooking. Storerooms, bathrooms, toilets, closets, halls or spaces in attics or basements are not habitable rooms, except as permitted in Regulation 4, entitled "Basement dwelling units," as set forth in § 111-8D.
The owner of record or any other person, persons, firm, corporation
or entity in actual possession of or otherwise having charge, care
or control of any property within the Town/Village, including, but
not limited to, executor, administrator, trustee, guardian, heir,
distributee or agent.
[Added 7-9-2012 by L.L. No. 3-2012]
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking
or eating purposes.
A.
Every dwelling and every part thereof shall be kept
clean and free from any accumulation of dirt, debris, filth, trash,
rubbish, garbage or other similar matter and shall be kept free from
vermin or rodent infestation. All yards, lawns and courts shall be
similarly kept clean and free from rodent infestation. It shall be
the duty of each occupant of a dwelling unit to keep in a clean condition
that portion of the property which he occupies or over which he has
exclusive control. If the occupant shall fail to keep his portion
of the property clean, the Health Officer may send a written notice
to the occupant to abate such nuisance within the time specified in
said notice; provided, however, that when in the opinion of the Health
Officer such nuisance constitutes an immediate and serious menace
to health, he shall proceed forthwith to cause such nuisance to be
abated. Failure of the occupant to comply with such notice shall be
deemed a violation of this chapter, and upon conviction, the occupant
shall be subject to the penalty or penalties herein provided.
B.
Cooking of food prohibited in sleeping rooms. When
more than two persons occupy any dwelling unit, food shall not be
prepared or cooked in any room used for sleeping purposes.
C.
In every dwelling consisting of not more than four dwelling units and in semidetached houses and garden court apartments, unless authorized incineration facilities are provided, it shall be the duty of each occupant to provide receptacles to contain garbage, ashes and rubbish, as may be necessary, and all such receptacles shall at all times be maintained in good order and repair. All receptacles shall comply with Chapter 160, Solid Waste, Article I, of the Town/Village Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be unlawful for any person to deposit
any material in any toilet, bathtub, sink or other plumbing fixture
which may result in the obstruction of any sanitary sewer. This liability
on the part of the occupant shall not relieve the owner of the responsibility
of remedying any resultant chokage or stoppage, nor of any other liability
otherwise imposed upon him by law, but shall subject the occupant
to the penalties of this chapter upon proper proof of such act.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Every dwelling and every part thereon shall
be maintained in good repair by the owner or agent and shall be fit
for human habitation. Windows and doors shall fit properly. The roof
shall be maintained so as not to leak, and all the rainwater shall
be drained and conveyed therefrom so as not to cause dampness in the
walls or ceilings.
Whenever any person or persons shall be in actual
possession of or have charge, care or control of any property within
the Town/Village as executor, administrator, trustee, guardian or
agent, such person shall be deemed and taken to be the owner or owners
of such property within the true intent and meaning of this chapter
and shall be bound to comply with the provisions of this chapter and
to the same extent as the record owner; and notice to any such person
of any order or decision of the Health Officer shall be deemed and
taken to be a good and sufficient notice, as if such person or persons
were actually the record owner or owners of such property.
It shall be unlawful for any owner or any person
deemed to be the owner as herein defined to permit any dwelling or
dwelling unit to be used or occupied as a place of human habitation
unless the same complies with the following rules and regulations
hereby promulgated as follows:
A.
Regulation 1: Basements or cellars. The basement or
cellar of any dwelling shall be dry and ventilated and shall be kept
free from rubbish accumulation and rodent infestation.
B.
Regulation 2: Heating. Every dwelling and every dwelling
unit shall be weatherproof and capable of being adequately heated,
and the heating equipment and chimney in every dwelling or dwelling
unit shall be maintained in good order and repair.
C.
Regulation 3: Lighting and ventilation. Every habitable
room in a dwelling or dwelling unit shall contain a window or windows
opening directly to the outside air. All window sashes shall be glazed
and provided with suitable hardware and shall be made to open.
D.
Regulation 4: Basement dwelling units. No room in
any basement or cellar shall be occupied as a habitable room unless
it meets the requirements of the New York State Uniform Fire Prevention
and Building Code.
[Amended 3-8-1999 by L.L. No. 1-1999]
E.
Regulation 5: Overcrowding. The occupancy of any dwelling
unit having more than one habitable room shall not exceed an average
of 1 1/2 persons per habitable room. For the purpose of this
regulation, any child one year of age or under shall not be counted
and any child more than one year old but under 12 years of age shall
be deemed to be 1/2 person.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
Regulation 6: Water supplies and sinks. In every dwelling
unit there shall be running water connected to public water service
and at least one sink connected to the public sewer or an approved
sewage disposal system.
G.
Regulation 7: Toilet and bathroom facilities. There
shall be at least one water closet and bathtub or shower for every
dwelling unit and for each eight persons or fraction thereof occupying
a dwelling unit, which facilities shall be within the dwelling unit
and accessible from within.
H.
Regulation 8: Plumbing. All plumbing, water closets
and other plumbing fixtures in every dwelling or dwelling unit shall
be maintained in good order and repair and in accordance with the
requirements of the Town/Village plumbing code and regulations.
I.
Regulation 9: Lighting and ventilation of toilets
and bathrooms. Every toilet and every bathroom in a dwelling shall
be provided with adequate light and ventilation.
J.
Regulation 10: Garbage, rubbish and ash receptacles. Every dwelling, except semidetached houses and garden court apartments, consisting of three or more dwelling units, and every dwelling unit therein, shall be provided by the occupant with approved receptacles to contain garbage, ashes and rubbish, and said receptacles shall be maintained at all times by the occupant in good order and repair. All receptacles shall comply with Chapter 160, Solid Waste, Article I, of the Town/Village Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
K.
Regulation 11: Drainage. All courts, yards or other
areas on the premises of every dwelling shall be properly graded and
drained.
L.
Regulation 12: Exits.
(1)
Safe, continuous and unobstructed exits shall be provided
from the interior of the building to the exterior at street or grade
level.
(2)
Exits shall be arranged, constructed and proportioned
so that occupants may escape safely from the building in case of emergency.
(3)
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.
(4)
In multiple dwellings, approved exits shall be provided.
All dwellings, dwelling units, yards and courts
which are in violation of this chapter are hereby declared to be nuisances
and shall be abated by being corrected, made sanitary, repaired or
vacated in accordance with the order of the Health Officer.
The provisions of this chapter shall not be
deemed to modify or otherwise affect or otherwise impair any provision
of any other chapter of the Code of the Town/Village of East Rochester,
but shall be in addition thereto.
A.
It shall be the duty of the Building Inspector to
administer this Housing Code and secure compliance therewith. He 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 this code.
B.
He 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 unsanitary conditions, extent of overcrowding, land use
and other relative factors.
C.
It shall be the duty of the Building Inspector to:
(1)
Cause an investigation of all complaints of alleged
housing violations or other unsafe and unsanitary conditions.
(2)
Order, in writing, the remedying of all conditions
found to exist in or on any premises in violation of the housing standards
or of rules and regulations adopted by him, 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
occupation.
(3)
Request the Board of Trustees to take appropriate
legal action in the name of the Town/Village upon failure of the responsible
party to comply with such violation order within the time specified
therein.
D.
Where violations of the this chapter exist and pose
an immediate hazard or danger to the health, safety or welfare of
building occupants or the public, the Building Inspector 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.
The Building Inspector shall be authorized and
have the right in performance of his duty to enter any premises during
reasonable hours and in emergencies whenever necessary to protect
the public interest. Owners, agents, operators and occupants shall
be responsible for providing access to all parts of the premises within
their control to the Building Inspector or his authorized agent, acting
in performance of their duties.
Should the Board of Trustees determine after
investigation that there is a failure of the responsible party to
comply with any violation order within the time specified herein,
the Board will then set a date for a public hearing, the hearing to
be held within 15 days following the expiration of the time specified
in the violation order. The owner and/or occupant of said premises
or his duly authorized agent shall be given at least 10 days' notice
of the proposed hearing, said notice to be served either by registered
or certified mail at his last known address or by any other method
of service as provided for in the Civil Practice Law and Rules.
If it shall be determined by the Board of Trustees
after such public hearing that there is a failure of a responsible
party to comply with any violation order within the time specified
herein and that the property continues to exist and is being maintained
in violation of this chapter, the Board shall make a finding to that
effect, and the minutes of the meeting and a copy of the findings
shall be made by the Town/Village Clerk-Treasurer and transmitted
by registered or certified mail, or by any other method of service
as provided for in the Civil Practice Law and Rules, to said property
owner and to the occupants of said premises. Said determination shall
contain the steps that will be taken by the Board of Trustees to discontinue
and remedy said violation.
In the event that it shall appear that the order
to repair, alter, demolish or otherwise put in good condition and
repair is not complied with, as herein provided and within the time
designated, the Board of Trustees shall then cause this order so made
as aforesaid to be enforced by causing the repair, alteration or demolition
to be had; and the expense of such repairs, alteration, demolition
or putting in good condition shall be assessed on the next assessment
roll of the Town/Village against said real property and added to the
Town/Village tax bill next thereafterwards rendered by the Town/Village
concerning said property.
At least five days prior to the enforcement
of the order by the Town/Village, a registered or certified letter
shall be transmitted to the owner of said premises and the mortgagee,
if any, if his name is known to the Town/Village Clerk-Treasurer or
can be ascertained by reasonable inquiry, advising that the order
is to be enforced and carried out as above set forth; and within said
period, a notice of intention shall be posted on the structure proceeded
against. Notice by any other method of service as provided for in
the Civil Practice Law and Rules, in lieu of a registered or certified
letter as above stated, shall also be permitted.
If at such hearing so held by the Board of Trustees
as hereinabove set forth it is determined that the dwelling or structure
being occupied by human beings continues unfit for human habitation
or dangerous to life or health because of its condition, the Board
shall then, upon making such determination, require that the dwelling
or structure be vacated within 10 days after the service of a notice
to vacate the premises upon the persons occupying the same and upon
the owner of said property if the owner can be located within the
county. If not, then notice shall be made by registered or certified
mail to the last known address of said owner or by any other method
of service as provided for in the Civil Practice Law and Rules.
The dwelling so ordered to be vacated shall
not again be occupied until a written certificate shall have been
secured from the Health Officer showing that the dwelling or its occupation
has been made to comply with this chapter or any other existing law.
Any person violating any of the provisions of
this chapter or any lawful order by the Health Officer or the Town/Village
Board of Trustees pursuant to this chapter shall be punishable, upon
conviction, by a fine not exceeding $250 or by imprisonment of not
more than 15 days, or both, and each day's violation shall constitute
a separate offense.
