[HISTORY: Adopted Liberty Village Board 10-17-1977 as L.L. No.
6-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Housing standards — See Ch. 48.
Any owner, agent, lessee, superintendent or janitor of a building who has under his control a furnace, boiler or other device for the furnishing of heat to said building shall be required to furnish heat to all used portions of said building in accordance with the requirements of § 43-2.
Heat shall be supplied whenever necessary and in sufficient
quantity so that the temperature inside any dwelling does not fall
below 65° F. at any time and so that the temperature in any building
used for the carrying on of any business, trade or profession does
not fall below 65° F. during the usual working hours of the people
employed therein.
This local law shall not apply to any building or the portion
of any building used for the carrying on of any trade, business or
profession in which a temperature of less than 65° F. is essential
and unavoidable.
This local law may be varied only by express written contract
or lease entered into by the parties; provided, however, that any
such provision in any contract or lease shall be void and unenforceable
if the contract or lease as a whole is unconscionable, considering
the background and circumstances in existence at the time said contract
or lease was made and the relative bargaining power of the parties
to the contract or lease.
[Amended 12-6-1995 by L.L. No. 14-1995]
The penalty for any violation of this local law shall be $250
per day, per unit, that the violation shall continue. If the violator
is a corporation, then the president, vice president, secretary and
treasurer thereof shall be personally, jointly and severally liable
therefor.
In the event that there is a mechanical or other breakdown of
the heating system, then the owner, agent, lessee, superintendent
or janitor, as the case may be, shall immediately take such steps
as shall be reasonable and necessary to effect the repair and/or replacement
of said heating system.
In the event that any provision of this local law shall be declared
unconstitutional or otherwise null and void, it shall not effect any
other provision not so held, which shall continue in full force and
effect.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
