[HISTORY: Adopted by the Board of Trustees of the Village of Cedarhurst 1-6-1975 by L.L. No. 1-1975. Amendments noted where applicable.]
Unsafe buildings — See Ch. 102.
It is hereby found that the enforcement of minimum standards of health and safety, fire protection, light and ventilation, cleanliness, repair and maintenance and occupancy in dwellings is necessary to protect the people of the village. The sound enforcement of minimum housing standards is essential to preserve housing and to bring about the basic decencies and minimal standards of healthful living.
The provisions of this chapter, except as otherwise provided, apply to all dwellings.
[Amended 2-2-1998 by L.L. No. 2-1998; 8-6-2007 by L.L. No. 10-2007]
The owner shall keep all and every part of a dwelling and the lot on which it is situated in good repair, clean and free from vermin, rodents, dirt, filth, garbage or other thing or matter dangerous to life or health. But the tenant shall also be liable if a violation is caused by his or her own willful act, assistance or negligence or that of any member of his or her family or household or his or her guests.
In the event that such owner or occupant or person having charge of any house, store or other building and every person or corporation owning or being entitled to the possession of any vacant land or unimproved property shall fail to maintain such property as required herein, and correct said conditions within five days after notice by mail to said person from the Clerk-Treasurer of the Village or from the Superintendent of the Building Department, then the Board of Trustees may order such repairs made as are set forth in the notice and subsequently assess the cost upon the lands benefited thereby.
Each owner of a multiple dwelling shall post, in a conspicuous place in a public area on the main floor of said building, a current legible notice on durable material indicating names, street addresses and telephone numbers of both the owner and the person to be contacted in matters relating to the operation and management of the premises with a copy to the Village Clerk-Treasurer of the Village of Cedarhurst. Either of the persons listed shall be available to respond to a call by a tenant or Village official at all times. If a message is left with a service, the owner, managing agent or superintendent shall respond within 60 minutes of the call.
Duties of owner:
The owner of a multiple dwelling shall keep the premises in good repair.
The owner of a multiple dwelling shall be responsible for compliance with the requirements of this code, except insofar as responsibility for compliance is imposed upon the tenant alone.
The owner of a one- or two-family dwelling shall keep the premises in good repair and shall be responsible for compliance with the provisions of this chapter, except to the extent otherwise agreed between him or her and any tenant of such dwelling by lease or other contract, in writing, or except insofar as responsibility for compliance with this chapter is imposed upon the tenant alone.
A tenant shall, in addition to complying with all provisions of this chapter and the multiple dwelling law applicable to him or her, be responsible for violations of this chapter to the extent that he or she has the power to prevent the occurrence of a violation. A tenant has the power to prevent the occurrence of a violation if:
The tenant, any member of his or her family or household or his or her guest shall, with respect to the public parts of the premises, be liable if a violation is caused by his or her own willful act, gross negligence, neglect or abuse.
The fact that a tenant is or may be liable for a violation of this chapter or any other law or is found liable for civil or criminal penalties does not relieve the owner of his or her obligation to keep the premises and every part hereof in good repair.
No tenant shall refuse to permit the owner or his or her agent or employee to enter his or her dwelling unit or other space under his or her control to make repairs or improvements required by this chapter or other law or to inspect such apartment or other space to determine compliance with this chapter or any other provision of law, if the right of entry is exercised at a reasonable time and in a reasonable manner. The department may by regulation restrict the time and manner of such inspections.
The owner of a dwelling containing two or more dwelling units, and the occupant of a single-family dwelling shall keep the roof, yard, courts and other open spaces clean and free from dirt, filth, garbage or other offensive material.
The owner of a dwelling shall maintain the public parts in a clean and sanitary condition.
The occupant of a dwelling shall maintain the dwelling unit which he or she occupies and controls in a clean and sanitary condition.
The owner of a dwelling shall properly maintain and keep in good repair the plumbing and drainage system, including water closets, toilets, sinks and other fixtures.
Except as otherwise provided in this chapter, every multiple dwelling and every tenant-occupied one- or two-family dwelling shall be provided with heat from a central heating system constructed in accordance with the provisions of the building code and the regulations of the department. A system of gas or electric heating provided for each dwelling unit may, if approved by the department, be utilized in lieu of a central heating system.
During the period from October 1 through May 31, centrally supplied heat, in any dwelling in which such heat is required to be provided, shall be furnished so as to maintain in every portion of such dwelling used or occupied for living purposes:
Between the hours of 6:00 a.m. and 10:00 p.m., a temperature of at least 68° F. whenever the outside temperature falls below 55° F.; and
Between the hours of 10:00 p.m. and 6:00 a.m., a temperature of at least 65° F. whenever the outside temperature falls below 55° F.
[Amended 1-20-1998 by L.L. No. 1-1998]
The owner of a multiple dwelling shall cause the furnace, boiler or other central heating system to be inspected by a qualified person between June 1 and September 30 of each year. In addition to testing the efficiency and adequacy of the heating system, the central heating system or water heating appliance and its flues, vents and dampers shall be inspected for escape of carbon monoxide gas. The findings on inspection shall be recorded. Correspondence 15 days following the inspection and shall be kept on file by the owner for a period of one year. Such inspection reports shall be submitted to the department upon request but shall not be subject to inspection by others or to subpoena or used in or as the basis of prosecution for the existence of a defect in the heating equipment on the date of inspection. Before October 15 all defects found upon inspection shall be corrected. A person who inspects heating equipment pursuant to this section shall report to the department in October of each year the address of each building he or she inspected and the date of each inspection.
The term "nuisance" shall be held to embrace whatever is dangerous to human life or detrimental to health, and shall include but not be limited to a public nuisance as known at common law, statutory law and in equity jurisprudence and a dwelling that, in violation of this chapter or of any other state or local law, ordinance or regulation, does not have adequate egress, safeguards against fire, adequate electrical service, installation and wiring, structural support, ventilation, plumbing, sewerage or drainage facilities, is overcrowded or inadequately cleaned or lighted and the condition constituting such violation is dangerous to human life or detrimental to health. All such nuisances are hereby declared to be unlawful.
[Amended 2-7-1977 by L.L. No. 2-1977]
Every notice or order issued by the department relative to a premises shall be served at least five days before the time for compliance therewith. It shall be sufficient service of a departmental notice or order, if it is posted in a conspicuous place upon the premises affected and a copy thereof mailed by certified mail on the same day it is posted to the person to whom it is directed at the address filed by him or her in the department and, if his or her address is not so filed in the department, then in such case such notice shall be sent by certified mail to his or her last known address or place of residence.
[Amended 1-6-1986 by L.L. No. 2-1986]
Any owner, lessee, tenant, general agent, architect, builder, contractor, subcontractor, workman, employee or any other person, unless stated otherwise herein, who knowingly commits, takes part or assists in any violation of this chapter or who maintains any building or premises in which any violation of this chapter shall exist shall, for each and every violation and for each and every day that such violation continues, forfeit and pay a penalty of not more than $500. Any violation of this chapter or any part thereof, shall constitute disorderly conduct, and any person violating the same shall be and is hereby declared a disorderly person.
[Amended 1-6-1986 by L.L. No. 2-1986]
In addition to the remedies hereinbefore provided, the Mayor, the Board of Trustees or the Building Official, acting in the name of the village, or any person aggrieved, acting in his or her own name, shall have the right and power to enforce the provisions of this chapter by injunction or otherwise as provided by law.
The imposition of the penalties herein prescribed shall not preclude the Village Attorney from instituting any appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate a violation or to prevent an illegal act, conduct, business or use in or about any premises.