This chapter shall be known as the "Minimum Housing Standards Ordinance."
It is hereby found and declared that there exist in the City structures used for human habitation which are or may become in the future substandard with respect to structure, equipment or maintenance and further that such conditions, together with inadequate provision for light and air, insufficient protection against fire hazards, lack of proper heating, insanitary conditions and overcrowding, constitute a menace to the health, safety, morals, welfare and reasonable comfort of its citizens. It is further found and declared that the existence of such conditions, factors or characteristics will, if not remedied, create slum and blighted areas requiring large-scale clearance and further that in the absence of corrective measures such areas will experience a deterioration of social values, a curtailment of investment and tax revenue and an impairment of economic values. It is further found and declared that the establishment and maintenance of minimum housing standards are essential to the prevention of blight and decay and the safeguarding of public health, safety, morals and welfare.
The purpose of this chapter is to protect the public health, safety, morals and welfare of the people of the City by:
Establishing minimum standards governing the condition, occupancy and maintenance of dwellings, dwelling units, rooming houses, rooming units and premises.
Establishing minimum standards governing utilities, facilities and other physical components and conditions essential to make dwellings, dwelling units, rooming houses, rooming units and premises safe, sanitary and fit for human habitation.
Fixing certain responsibilities and duties of owners, operators, agents and occupants of dwellings and dwelling units, rooming houses and rooming units.
Authorizing and establishing procedures for the inspection of dwellings, dwelling units, rooming houses and rooming units and the condemnation and vacation of those dwellings, dwelling units, rooming houses and rooming units unfit for human habitation.
Fixing penalties for the violations of the provisions of this chapter.
This chapter is hereby declared to be remedial and essential to the public interest, and it is intended that this chapter be liberally construed to effectuate the purposes stated above.
The provisions hereof designed to eliminate particular hazards shall not be deemed to be limited to the particular hazard but shall apply to any and all other hazards to which they can properly apply, nor are any enumerations herein, either of hazards or of provisions designed to eliminate them, to be considered exclusive, but such enumerations shall be descriptive only.
Every portion of a building or premises used or intended to be used for any dwelling purpose, except temporary housing, shall comply with the provisions of this chapter, irrespective of when such building shall have been constructed, altered or repaired and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or premises, for the construction or repair of the building or for the installation or repair of equipment or facilities prior to August 1, 1959. This chapter establishes minimum standards for the initial and continued occupancy of all buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of building equipment or facilities except as provided in § 190-7.
There is hereby adopted, pursuant to Subdivision 2, of the Multiple Dwelling Law of the State of New York, the provisions of the Multiple Dwelling Law of the State of New York, Articles 1 through 11, inclusive, and such law shall apply to the City of Newburgh commencing on December 31, 1984.
In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, electrical, plumbing, fire, safety or health ordinance or any regulation adopted pursuant thereto or any other ordinance, code or regulation of the City, the provision which establishes the highest standard shall prevail.
All departments, officials and employees of the City who have the duty or the authority to issue permits or licenses in regard to the construction, installation, repair, use or occupancy of dwellings, dwelling units, rooming houses or rooming units, equipment or facilities shall conform to the provisions of this chapter, and no such permit or license shall be issued if such would be in conflict with this chapter, except as provided in § 190-7.
Nothing in this chapter shall be deemed to abolish or impair existing remedies of the City or its officers or agencies relating to the removal or demolition of any buildings which are deemed to be dangerous, unsafe or insanitary.
In the event that any condition prohibited by the provisions of this chapter requires the demolition of a building or other structure, the provisions of Chapter 125 pertaining to demolition of buildings shall apply.
For the purposes of this chapter, the following terms shall have the meanings respectively ascribed:
- ACCESSORY STRUCTURE
- A structure, the use of which is incidental to that of the main building and which is attached thereto or located on the same premises.
- Approved by the head of the code enforcement agency under the provisions of this chapter or the rules and regulations adopted pursuant thereto or approved by an authority designated by law or by this chapter.
- The portion of the building that is partly underground, which has more than 1/2 its height measured from clear floor to ceiling above the average finished grade of the ground adjoining the building.
- An enclosed space containing one or more bathtubs or showers, or both, which may also include toilets, lavatories or fixtures serving similar purposes.
- A combination of any materials, whether portable or fixed, having a roof to form a structure affording shelter for persons, animals or property. The word "building" shall be construed, when used herein, as though followed by the words "or part or parts thereof," unless the context clearly requires a different meaning.
- The lowermost portion of the building, partly or totally underground, having half or more of its height, measured from clear floor to ceiling, below the average finished grade of the adjoining ground.
- CODE ENFORCEMENT AGENCY
- The Bureau of Code Compliance for the City.
- A building used in whole or in part for residential uses.[Added 6-9-1980 by Ord. No. 2]
- DWELLING UNIT
- One or more rooms with living, cooking, sanitary and sleeping facilities therein, arranged for one family with whom may reside not more than four lodgers or boarders.
- EXTERIOR PROPERTY AREAS
- The open space on the premises and the vacant open space on adjacent premises.
- The control and elimination of insects, rodents and vermin by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating or trapping; or by any other approved means of pest elimination.
- The animal, vegetable and mineral waste resulting from the handling, preparation, cooking and consumption of food.
- The natural surface of the ground or the surface of the ground after completion of any change in contour.
- GROSS FLOOR AREA
- The total area of all habitable space.
- HABITABLE SPACE
- The space occupied by one or more persons for living, sleeping, eating or cooking, excluding kitchenettes, bathrooms, toilet rooms, laundries, pantries, dressing rooms, storage spaces, foyers, hallways, utility rooms, heater rooms, boiler rooms and basement or cellar recreation rooms.
- HEAD OF CODE ENFORCEMENT AGENCY
- The Code Compliance Supervisor of the City or, in case of his absence or disability, any of the Assistant Chiefs or the Deputy Chief of the Fire Department as may be designated to act in that capacity by the Chief of the Fire Department or by the City Manager.
- The presence within or contiguous to a dwelling, dwelling unit, rooming house, rooming unit or premises, of insects, rodents, vermin or other pests.
- A space, 60 square feet or more in floor area, with a minimum width of five feet, used for cooking or preparation of food and deemed habitable space.
- A space, less than 60 square feet in floor area, used for cooking or preparation of food and not deemed habitable space.
- MULTIPLE RESIDENCE
- A building:
- A. Containing three or more dwelling units.
- B. Containing living, sanitary and sleeping facilities, occupied by one family or two families and more than four lodgers residing with either one of such families.
- C. With one or more sleeping rooms, other than a one- or two-family dwelling, used or occupied by permanent or transient paying guests or tenants.
- Any person over one year of age, living, sleeping, cooking or eating in or having actual possession of a dwelling unit or rooming unit.
- Any person who has charge, care or control of a multiple residence or rooming house in which dwelling units or rooming units are let or offered for occupancy.
- OUTSIDE DESIGN TEMPERATURE
- The temperature, based on the average of the low temperature recorded in the area, either during the last 25 years or as long as temperature records have been kept.
- The owner or owners of the freehold of the premises or lesser estate therein, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person in control of a building.
- PLUMBING SYSTEM
- The pipes, fixtures and other apparatus for supplying water for consumption or for the conveyance of waste and drainage.
- POTABLE WATER
- Water duly approved as satisfactory and safe for drinking.
- A lot, plot or parcel of land, including the building or structures thereon.
- PUBLIC SEWER
- A sewer operated by a public authority or public utility and available for public use.
- ROOMING HOUSE
- A building or part thereof which contains one or more rooming units and which space is occupied or intended to be occupied by five or more persons who are not husband or wife, son or daughter, mother or father or sister or brother of the owner or operator.
- ROOMING UNIT
- Any room or group of rooms forming a single habitable unit used or intended to be used for living or sleeping but not for cooking or eating purposes.
- All combustible and noncombustible waste, except garbage.
- The waste from a flush toilet, bath, sink, lavatory, dishwashing or laundry machine or the water-carried waste from any other fixture or equipment or machine.
- A combination of any materials, whether fixed or portable, forming a construction, including buildings. The word "structure" shall be construed as though followed by the words "or part or parts thereof."
- SUPPLIED FACILITIES
- The facilities paid for, furnished or provided by or under the control of the owner or operator.
- TEMPORARY HOUSING
- Any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utility system for more than 30 consecutive days. Any tent, trailer or other structure occupied for more than 30 consecutive days shall meet all requirements of this chapter.
- TOILET ROOM OR COMPARTMENT
- An enclosed space containing one or more toilets, which may also contain one or more lavatories, urinals and other plumbing fixtures.
- The supply and removal of air to and from any space by natural or mechanical means.
- VENTILATION, MECHANICAL
- Ventilation by power-driven devices.
- VENTILATION, NATURAL
- Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks, with or without wind-driven devices.