[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.]
GENERAL REFERENCES
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]
A.
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.
B.
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.
C.
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:
A.
The owner of a multiple dwelling shall keep the premises
in good repair.
B.
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.
C.
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.
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:
B.
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.
C.
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.
A.
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.
B.
The owner of a dwelling shall maintain the public
parts in a clean and sanitary condition.
C.
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[1] 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:
A.
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
B.
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]
A.
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.
B.
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.
