City of Newburgh, NY
Orange County
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Table of Contents
Table of Contents
Any dwelling, dwelling unit, rooming house or rooming unit having any of the defects found in Subsections A through D may be designated by the head of the code enforcement agency as unfit for human habitation and may be so placarded:
A. 
Lack of facilities. The structure lacks illumination, ventilation, sanitation, heat or other facilities adequate to protect the health and safety of the occupants or the public.
B. 
Deteriorated condition. The structure is damaged, decayed, dilapidated, insanitary, unsafe or vermin infested in such a manner as to create a serious hazard to the health and safety of the occupants or the public.
C. 
Detrimental conditions. The structure, because of the location, general conditions, state of the premises or number of occupants, is so insanitary, unsafe, overcrowded or otherwise detrimental to health and safety that it creates a serious hazard to the occupants or the public.
D. 
Noncompliance with notice or orders. The structure, because of the failure of the owner or occupant to comply with such notices or orders issued pursuant to this chapter, is unfit for human habitation.
Whenever the head of the code enforcement agency determines that a dwelling, dwelling unit, rooming house or rooming unit is unfit for human habitation as provided in § 190-32, he shall include such finding within the notice of violation provided for in § 190-16 of this chapter, and he shall also include a statement of his intent to vacate and placard the dwelling, dwelling unit, rooming house or rooming unit if compliance with the provisions of the notice of violations has not been secured.
Whenever a notice of violation as provided in § 190-33 of this chapter has not been complied with or where § 190-28 of this chapter has not been invoked, the head of the code enforcement agency may order the dwelling, dwelling unit, rooming house or rooming unit to be vacated. A copy of such notice to vacate shall be served on the owner, agent, operator and the occupant as provided in § 190-16 of this chapter.
Any dwelling, dwelling unit, rooming house or rooming unit designated as unfit for human habitation pursuant to § 190-32 and ordered vacated as provided in § 190-34 shall be vacated within such reasonable time as the head of the code enforcement agency may specify in the order. No such dwelling, dwelling unit, rooming house or rooming unit shall again be used for human habitation and the placard removed until written approval is secured from the head of the code enforcement agency.
No person shall deface or remove the placard from any dwelling, dwelling unit, rooming house or rooming unit which has been designated as unfit for human habitation, except as provided in § 190-35.
The owner, agent or operator of any dwelling, dwelling unit, rooming house or rooming unit which has been designated as unfit for human habitation and vacated shall make such dwelling, dwelling unit, rooming house or rooming unit safe and secure in whatever manner the head of the code enforcement agency shall deem necessary. Any vacant building open at the doors and windows, if unguarded, shall be deemed dangerous to human life and a nuisance within the meaning of this provision.
[Amended 12-14-1981]
Whenever the head of the code enforcement agency believes that a building or structure is a danger to the public health, safety or welfare, he shall direct the Building Inspector to proceed to compel the repair or removal of such building or structure pursuant to Chapter 129, Article IV, of this Code.
[Amended 3-8-1982]
Whenever the lack of adequate heating facilities is found by the head of the code enforcement agency to constitute a danger to the health, safety or welfare of the occupants of any dwelling, dwelling unit, rooming house or rooming unit, the head of the code enforcement agency may, in addition to all other powers granted it by this chapter or any other statute, local law or ordinance, serve notice upon the owner, agent, operator or occupant, as the case may require, that, unless adequate heat is provided immediately, the head of the code enforcement agency shall cause said heating facilities to be repaired immediately so as to remove the danger to the health, safety or welfare of the occupants. The cost of making such repairs shall be assessed against the property or collected from the owner as a personal liability.