City of Newburgh, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Newburgh as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Lease of City real property — See Ch. 13.
Fair housing — See Ch. 38.
Unsafe buildings — See Ch. 129.
Condominium conversions — See Ch. 138.
Fees — See Ch. 163.
Fire prevention — See Ch. 172.
Waste management, handling and disposal — See Ch. 183.
Housing and property standards — See Ch. 190.
Zoning — See Ch. 300.
[Adopted 2-27-2017 by Ord. No. 3-2017[1]]
[1]
Editor's Note: This ordinance superseded former Ch. 240, Rental Properties, adopted 6-17-2013 by Ord. No. 7-2013.
The City Council has determined that there exists in the City of Newburgh a significant number of non-owner-occupied rental units. Non-owner occupants are less able to maintain daily oversight of their properties to ensure compliance with applicable laws, rules, and regulations. The City Council finds that the registration of rental properties is intended to and will ensure the protection of persons and property in all existing rental structures and on all premises required to be registered under this chapter. Further, the registration of rental properties will ensure that rental property owners adhere to applicable code provisions governing the use and maintenance of rental properties, including provisions limiting the maximum occupancy for which a rental property can be certified. It is the purpose of this chapter to protect the health, safety, and welfare of the residents of the City of Newburgh, as well as to protect the City's housing stock from deterioration by establishing a program for registering and identifying residential rental properties and for determining the responsibilities of owners of residential rental properties.
As used in this article, the following terms shall have the meanings indicated:
AGENT
Any person who has charge, care, or control of a building, or part thereof, in which rental dwelling units or rooming units are let.
BUILDING
A combination of materials, whether portable or fixed, having a roof to form a structure affording shelter for persons, animals, or property.
DWELLING
A building used in whole or part for residential uses.
DWELLING UNIT
A single unit providing complete, independent, law-compliant living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
MUNICIPAL OFFICER
The Fire Chief, Compliance Supervisor and the Building Inspector or such official within that department as may be designated in writing.
OWNER
Any individual or individuals, partnership, or corporation or any similar type of business organization, whether for profit or otherwise, in whose name title to a building stands, including a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any other person, firm, or corporation directly or indirectly in control of the property. Each, any, and all such persons shall have a joint and severable obligation for compliance with the provisions of this chapter.
OWNER-OCCUPIED DWELLING
A dwelling occupied by an individual owner or by members of his or her family on a nonrental basis. For the purposes of this chapter, "owner-occupied" shall not include any building owned by a partnership, corporation, or any similar type of business organization, including, but not limited to, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or agent.
RENTAL PROPERTY
All buildings that contain a dwelling unit or a rooming unit that is rented, leased, let, or hired out to be occupied for residential or mixed use (commercial-residential) and are not owner-occupied.
ROOMING UNIT
Any furnished room for rent within a building and forming a single sleeping space.
TENANT
A person, not the legal owner of record, occupying or in possession or control of a dwelling, dwelling unit or a rooming unit.
A. 
Effective June 1, 2013, the owner of any rental property as defined herein shall, within 60 days of the effective date of this article or within 30 days after assuming ownership of the rental property, whichever is later; or within 10 days of receipt of notice by the municipality, submit a rental license application for such rental property with the municipal officer on forms provided for that purpose by the municipal officer along with any fees required by Chapter 163. Failure to receive notice by the municipality shall not constitute grounds for failing to register the property.
B. 
Each rental property having a separate section block and lot number shall be registered separately.
C. 
The license rental application shall include the information required under § 240-4, as well as any additional information that the municipal officer may reasonably require.
D. 
It shall be unlawful for any owner to offer any unit for rent or to rent any dwelling unit or to allow any dwelling unit to be occupied without having first received a rental license pursuant to this chapter as required herein within the time prescribed for such registration. Failure to receive notice of the rental license deadline will not excuse failure to receive a rental license for a rental property. It is the responsibility of the owner to fulfill the requirements of this article.
E. 
No initial rental license or a rental license renewal shall be issued until the municipal officer has determined that the property is in compliance with the Code of the City of Newburgh, the New York State Uniform Fire Prevention and Building Code,[1] the New York State Property Maintenance Code and any applicable fire prevention code. Such determination shall be based on an inspection as described in § 240-6, provided that if the owner does not consent to such inspection and no inspection has been performed pursuant to search warrant, the owner shall, in the alternative, submit a certification by a licensed professional engineer that the subject property is in compliance with said codes, in which case such certification shall be reviewed by the municipal official to determine compliance.
[1]
Editor's Note: See NY Exec § 370 et seq.
F. 
If the rental license application is incomplete or the applicant does not meet the requirements of the licensing process within 120 days of the submittal date, the application will be canceled.
G. 
Except as provided in § 240-13, the rental license shall remain valid for one year from the date of issue. The owner shall be required to renew the rental license annually and shall pay a fee in the amount prescribed in Chapter 163.
H. 
The municipal officer may establish for purposes of efficient administration that all rental licenses shall be renewed by a single date in each year. The municipal officer shall establish this date in which case the initial rental license fee shall be prorated for applications received less than 10 months prior to that date.
I. 
The completed rental license application shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the City against the owner or owners of the building.
A. 
A rental license application shall be made by the owner of rental units or the owner's legally constituted agent on a form approved and supplied by the City of Newburgh Office of Code Compliance. This form shall be known as a "rental property statement" and shall be signed by the owner under oath. The statement shall include:
(1) 
The name(s), residence and business addresses, e-mail addresses, telephone numbers, and birth date(s) of the principal officers if the applicant is an individual, or the business names, business addresses, e-mail addresses, telephone numbers, and name(s), residential addresses, and birth date(s) of all principal officer(s) and/or member(s) if the applicant is any business entity recognized by New York State law. Where more than one natural person has an ownership interest, the required information shall be included for each owner.
(2) 
If the owner is not a natural person, the employer identification number of the owner.
(3) 
The name, street address, e-mail address, and telephone number of a natural person 21 years of age or older, designated by the owner or owners as the authorized agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceeding on behalf of such owner or owners in connection with the enforcement of any applicable code. The agent for service of process must maintain offices or reside in the State of New York.
(4) 
The name, street address, e-mail address, and telephone numbers of the firm or individual responsible for maintaining the property. The individual or a representative of the firm responsible for maintaining the property must maintain offices within 45 miles of the City and shall be available by telephone or in person on a twenty-four-hour-per-day, seven-day-per-week basis.
(5) 
Name, address, and telephone number of vendee, if the dwelling is being sold through a contract for deed.
(6) 
A description of the premises, including street address, section block and lot, and type of building.
(7) 
Number of dwelling units within the dwelling.
(8) 
Description of procedure through which tenant inquiries and complaints are to be processed.
(9) 
Status of utility fees, property taxes, and other assessments on the dwelling and other rental real property in the City owned by the applicant.
(10) 
The number of tenants.
(11) 
If the owner does not consent to an inspection pursuant to § 240-6 and no inspection is performed pursuant to a search warrant, a certification by a licensed professional engineer that the property is in compliance with the Code of the City of Newburgh, the New York State Uniform Fire Prevention and Building Code,[1] the New York State Property Maintenance Code or any applicable fire prevention code.
[1]
Editor's Note: See NY Exec § 370 et seq.
(12) 
The City of Newburgh Office of Code Compliance may, in its discretion, request additional information from time to time. The owner or authorized agent must reply with such requested information within 14 days of such request.
B. 
The owner shall notify the municipal officer within 10 days of any change in the rental license information by filing an amended rental property statement on a form provided by the municipal officer for such purpose. Depending on the nature of changes, the City may require consent to a new property inspection. Notice of transfer of ownership shall be as described in § 240-8.
A. 
License fees as set forth in Chapter 163 of this Code shall be due 90 days prior to the license expiration date; in the cases of a new unlicensed dwelling, a change in a previously filed rental license application, or a new license that is required due to a change in ownership as set forth in § 240-8 below, rental license fees shall be due at the time of application.
B. 
Owner-occupied dwellings containing not more than two rental units are exempt from the filing fees set forth in Chapter 163 of this Code but still must submit a rental license application as described in § 240-3 and § 240-4 above.
C. 
A delinquency penalty of 5% of the rental license fee for each day of operation without a valid rental license shall be charged operators of rental properties. Once issued, a rental license is nontransferable, and the rental licensee shall not be entitled to a refund of any license fee. Upon revocation or suspension, application withdrawal, an incomplete application or process, or application cancellation, the fee is nonrefundable.
D. 
All inspection fees are set in Chapter 163. If the inspection is being performed as part of the rental licensing process, fees must be paid prior to the time of rental license issuance or renewal for the property.
E. 
If any fee or any portion is not paid within 60 days after billing, the Comptroller may certify the unpaid cost against the property, and the unpaid cost shall be added to and collected with the subsequent City tax levy and shall bear interest and be enforced as provided by law for City taxes.
F. 
All funds collected from rental license fees under this section shall be deposited in a dedicated trust fund to be used exclusively for municipal activities with respect to vacant and problem properties in the municipality, including, but not limited to, inspection, nuisance abatement, securing and boarding, maintaining property information systems, general code enforcement activities, and reasonable administrative and legal costs associated with any of the foregoing.
A. 
During regular business hours or in an emergency, the municipal officer or his representative or any duly authorized City representative, upon the showing of proper credentials and in the discharge of his duties, may enter any building or rental unit within a building upon consent of the owner or with a duly executed search warrant, to make an inspection to determine whether there is any violation of the Code of the City of Newburgh, the New York State Uniform Fire Prevention and Building Code,[1] the New York State Property Maintenance Code or any applicable fire prevention code.
[1]
Editor's Note: See NY Exec § 370 et seq.
B. 
At the request of the municipal officer, the Corporation Counsel is authorized to make application to the City Court of the City of Newburgh or any other court of competent jurisdiction for the issuance of a search warrant to be executed by a police officer in order to conduct an inspection of any premises believed to be subject to this chapter. The municipal officer may seek a search warrant whenever the owner, managing agent, or occupant fails to allow inspections of any dwelling unit contained in the rental property where there is a reasonable cause to believe that there is a violation of the Code of the City of Newburgh, the New York State Uniform Fire Prevention and Building Code, the New York State Property Maintenance Code or any applicable fire prevention code.
C. 
The presence or existence of any of the following shall create a rebuttable presumption that a dwelling unit is rented:
(1) 
The property is occupied by someone other than the owner, and the owner of the property represents, in writing or otherwise, to any person or establishment, business, institution or government agency, that he resides at an address other than the rental property.
(2) 
Persons living in the premises represent that they pay rent to the owner of the premises.
(3) 
Utilities, cable, phone or other services are in place or requested to be installed or used at the premises in the name of someone other than the record owner.
(4) 
Testimony by a witness that it is common knowledge in the community that a person other than the record owner resides in the premises.
(5) 
There is more than one mailbox at the premises.
(6) 
There is more than one gas meter at the premises.
(7) 
There is more than one utility meter at the premises.
(8) 
There are separate entrances for segregated parts of the dwelling.
(9) 
There are partitions or internal doors which may serve to bar access between segregated portions of the dwelling, including, but not limited to, bedrooms.
(10) 
There exists a separate written or oral lease or rental arrangement, payment or agreement for portions of the dwelling among its owner(s) and/or occupants and/or persons in possession thereof.
(11) 
The inability of any occupant or person in possession thereof to have unimpeded and/or lawful access to all or part of the dwelling unit.
(12) 
Two or more kitchens each containing one or more of the following: a range, oven, hotplate, microwave or other similar device customarily used for cooking or preparation of food and/or a refrigerator.
D. 
Nothing in this section, except for provisions containing emergency inspections, shall be deemed to authorize the municipal officer or representative to conduct an inspection of any premises subject to this chapter without the consent of the owner or without a warrant duly issued by an appropriate court.
E. 
Nothing in this section shall prevent the entry into a building or dwelling unit by the municipal officer without the consent of the owner or a search warrant in response to an emergency.
No rental license shall be issued or renewed unless the rental property and its premises conform to the Code of Ordinances of Newburgh and the laws of the State of New York.
No rental license shall be transferable to another person or to another rental property. Every person holding a rental license shall give notice, in writing, to the municipal officer within 10 business days after having legally transferred or otherwise disposed of the legal control of any licensed rental property. Such notice shall include the name and address of the person succeeding to the ownership or control of such rental property.
A. 
The rental permit issued under this article shall contain the following information:
(1) 
The address, type of structure, and structure classification;
(2) 
The date of inspection;
(3) 
The date of issuance;
(4) 
The expiration date;
(5) 
Number of dwelling units;
(6) 
A statement indicating whether the structure is equipped with a fire alarm system;
(7) 
A statement indicating whether the structure is equipped with a sprinkler system;
(8) 
Local contact information, including name, address, and phone number for the owner or owner's designated representative;
(9) 
The maximum number of permanent and/or temporary occupants permitted.
(10) 
A statement reciting the following: "Please take notice that both tenants and the landlord each have certain rights and responsibilities under the City of Newburgh Code of Ordinances, a copy of which is available in the City Hall, 83 Broadway, Newburgh, New York 12550."
B. 
Every licensee of a rental property with more than four units shall conspicuously post the current rental license certificate in the main entryway or other conspicuous location. For rental properties of four or fewer units, the licensee must provide a copy of the rental license certificate to each tenant by attaching a copy to the tenant's copy of the executed lease agreement.
C. 
The City's trash and refuse policies and procedures and alternate-side street parking regulations shall be conspicuously posted in the main entryway or other conspicuous location. For rental properties with only one dwelling unit or with no common entryway, the owner must provide a copy of these policies, procedures, and regulations with the tenant's copy of the executed lease agreement.
A. 
Every owner of a licensed rental property shall keep, or cause to be kept, a current register of occupancy for each dwelling unit that provides the following information:
(1) 
Dwelling unit address.
(2) 
Number of bedrooms in dwelling unit and the maximum number of occupants.
(3) 
Legal names and date of birth of adult occupants and number of adults and children (under 18 years of age) currently occupying the dwelling units.
(4) 
Dates renters occupied and vacated dwelling units.
(5) 
A chronological list of complaints and requests for repair by dwelling unit occupants, which complaints and requests are related to the provisions of this Code of Ordinances.
(6) 
A similar chronological list of all corrections made in response to such requests and complaints.
B. 
Such register shall be made available for viewing or copying by the municipal officer at all reasonable times.
C. 
The property owner may request a pre-rental inspection of a unit prior to placing tenants and obtain a certificate of compliance stating that the apartment is in compliance with the Code of the City of Newburgh, the New York State Uniform Fire Prevention and Building Code,[1] the New York State Property Maintenance Code or any applicable fire prevention code. The cost of this inspection shall be included with license fee.
[1]
Editor's Note: See NY Exec § 370 et seq.
A. 
No person shall institute or maintain an action for eviction because the occupant has reported a violation of this law or any related provision of the Code of the City of Newburgh, the New York State Uniform Fire Prevention and Building Code, the New York State Property Maintenance Code or any applicable fire prevention code to the Code Compliance Bureau or other City employee.
B. 
No person shall cause any service, facility, equipment or utility required under this local law to be removed, shut off or discontinued in retaliation for a complaint.
The municipal officer may issue rules and regulations for the administration of the provisions of this article.
A. 
Effective June 1, 2017, an owner who has fully met the requirements set forth in § 240-13B shall be designated as a "compliant landlord." The designation of "compliant landlord" shall be at the discretion of the municipal officer and is not a right that will vest at any time and may be subject to termination at the discretion of the City, municipal officer and in accordance with any changes in local, state or federal law.
B. 
Qualifications to be a "compliant landlord:"
(1) 
Owner must satisfy the requirements of §§ 240-3, 240-4, 240-5, 240-6, 240-9 and 240-10; and
(2) 
Owner must have been issued a rental license for all non-owner-occupied dwellings owned and rented in the City of Newburgh; and
(3) 
Owner must have no open cases with the Code Compliance Bureau or Fire Prevention Bureau and no outstanding violations of Code of the City of Newburgh, the New York State Uniform Fire Prevention and Building Code, the New York State Property Maintenance Code or any applicable fire prevention code; and
(4) 
Owner must be current on all real property taxes, water, sewer and sanitation bills on all properties owned in the City of Newburgh; and
(5) 
Owner must have no open abatement proceedings on any properties owned in the City of Newburgh; and
(6) 
Owner must have completed a certification by a licensed professional engineer that the owner's property is in compliance with the Code of the City of Newburgh, the New York State Uniform Fire Prevention and Building Code, the New York State Property Maintenance Code or any applicable fire prevention code.
C. 
An owner who is designated as a "compliant landlord" shall have his rental license remain valid for a period of two years and shall be permitted to renew the rental license every two years and the fee prescribed in Chapter 163 shall be paid every two years with the renewal application.
A. 
The City of Newburgh shall have a choice of enforcing this chapter as provided in § 1-12 of the Code of Ordinances of the City of Newburgh by seeking civil penalties or by instituting a criminal proceeding or may choose to do both.
B. 
A designated managing agent of an owner may be served with a notice of violation, order to remedy, an appearance ticket, or other service of process, whether criminal or civil, pursuant to and subject to the provisions of law as if actually served upon the owner.
C. 
No owner who designates a managing agent pursuant to the provisions of this chapter may assert the defense of lack of notice or lack of in personam jurisdiction based solely upon the service of process on his designated agent.
D. 
Any owner who fails to register a rental property under the provisions of this chapter shall be deemed to consent to receive, by posting at the building, any and all notices of code violations and all process in an administrative proceeding brought to enforce code provisions concerning the building.
E. 
The municipal official may revoke a rental license or approval issued under the provisions of this chapter upon application of the Corporation Counsel for any of the following reasons:
(1) 
Any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based;
(2) 
The rental license was issued in error and should not have been issued in accordance with applicable law;
(3) 
Failure to maintain the necessary requirements as outlined in this chapter, or occurrence of unlawful activities at or about the premises;
(4) 
Fighting or violent, tumultuous or threatening behavior by any occupant of the premises;
(5) 
Unreasonable noise from the premises on a regular basis;
(6) 
Repeated calls to the police for disturbances and/or disputes at the premises;
(7) 
Obstruction of vehicular or pedestrian traffic due to vehicles from or at the premises;
(8) 
Hazardous or physically offensive conditions created by an act of an occupant or owner of the premises; or
(9) 
Existing violations on the premises of the Code of the City of Newburgh, the New York State Uniform Fire Prevention and Building Code, the New York State Property Maintenance Code or any applicable fire prevention code; or
(10) 
Condemnation of the building or after a fire resulting in structural damage.
F. 
Such revocation shall take place after notice to the applicant and opportunity for the applicant to be heard by the municipal officer.
G. 
No rental license shall be revoked where there is reasonable grounds that the conduct for revocation as set forth in this subsection is the result of domestic abuse, sexual assault, stalking and/or harassment.
H. 
No fees, as provided in Chapter 163, shall be refunded after the revocation of a rental license.
A. 
If the City of Newburgh chooses to enforce this chapter through a criminal proceeding, any person who violates or fails to comply with any provisions of this chapter or of the rules and regulations issued hereunder or who violates or fails to comply with any order made thereunder shall be fined up to $500 and/or 30 days in jail.
B. 
The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects. Each day that prohibited conditions exist shall constitute a separate offense and so subject the owner to an additional fine of up to $500 and/or additional jail sentences of up to 30 days in jail.
C. 
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
D. 
For purposes of this section, failure to file a rental property statement within 60 days of the effective date of this chapter or within 30 days after assuming ownership of the rental property, whichever is later, or within 10 days of receipt of notice by the municipality; failure to provide correct information on the rental property statement; and failure to comply with the provisions of §§ 240-3, 240-4, 240-5, 240-9 and 240-10 of this article or such matters as may be established by the rules and regulations of the municipal officer shall be deemed to be violations of this article.
This article shall become effective upon adoption.
If any of the provisions of this article shall be held invalid, the remainder shall remain valid and enforceable as provided by law.
[Adopted 3-13-2017 by Ord. No. 7-2017]
Tenants of rental property shall maintain the rented premises in conformance with the following standards. Tenants shall only be responsible for conditions that he or she actually caused. The requirements of this article are not intended to conflict with or supersede New York State Real Property Law § 235-b.
A. 
Steps, walks, driveways, parking spaces and similar paved areas shall be kept free of obstacles to afford safe and convenient passage. Structural repairs are the responsibility of the property owner.
B. 
Yards, courts and vacant lots shall be kept clean and free of hazards.
C. 
Open fires shall not be permitted, unless authorized and approved pursuant to the Code of the City of Newburgh, the New York State Uniform Fire Prevention and Building Code,[1] the New York State Property Maintenance Code and any applicable fire prevention code and in conformity with state air pollution control regulations.
[1]
Editor's Note: See NY Exec § 370 et seq.
A. 
Floors, walls, including windows and doors, ceilings and other interior surfaces within the rental property, shall be maintained in clean and sanitary condition in accordance with the Code of the City of Newburgh, the New York State Uniform Fire Prevention and Building Code, the New York State Property Maintenance Code and shall not be broken, damaged or destroyed and/or permitted to attract insect, vermin and rodent harborage and infestation.
B. 
Extension cords. Electrical extension cords shall be used only in conformance with the Code of the City of Newburgh, the New York State Uniform Fire Prevention and Building Code, the New York State Property Maintenance Code. If extension cords must be used, they must be used on a temporary basis only, properly sized for the use; must not cross any pathways, or be placed under carpets or rugs. They also should not be a tripping hazard.
C. 
Electrical.
(1) 
Tenants who are not licensed electricians shall not do any electrical work and shall not permit third parties who are not licensed electricians to do such electrical work. Tampering with any electrical wiring in any way is prohibited.
(2) 
Tenants or third parties who are licensed electricians must obtain proper permits before commencing and completing any work.
(3) 
Electrical light fixtures and other heat-generating appliances shall not be covered with fabric or other combustible material.
D. 
External decorative lighting, including, but not limited to, holiday lighting, shall not be hung by tacks or nails in such a manner as to create a fire hazard.
E. 
Excessive amounts of loose fabric when used as a wall or ceiling covering is a fire hazard and is not permitted.
F. 
Tenants may not store or place anything in such a way that it might block or prevent the use of a means of exiting from a room, rooming unit, dwelling unit or building. Items should not be stored by tenants in unfinished areas of buildings (cellars, attics, etc.), which could contribute to combustion in a fire or block access by emergency personnel, (i.e., mattresses, old boxes, lumber, clothes, etc.).
G. 
Fire escapes shall not be used for storage and shall be kept clear to allow for immediate egress from a room, rooming unit, dwelling unit or building.
H. 
Tenants shall not store combustible or flammable liquids and/or flammable gases in their dwelling unit or rooming unit, or in accessory buildings, except in sealed, approved containers.
I. 
Flammable and combustible liquids and/or gases shall not be stored in hallways, exits, stairways or areas normally used for the safe passage of people.
J. 
Unfinished areas of buildings, such as cellars or attics, shall not be used for any activities whatsoever other than for utility purposes.
K. 
Rugs or carpet shall not be installed in such a way as to obstruct the smooth opening or closing of any doors.
L. 
Cooking and refrigeration appliances, kitchens, and bathrooms must be kept in a clean and sanitary condition so as not to attract insect, vermin and rodent harborage and infestation.
M. 
Food garbage shall not be stored on premises in such a way or for such a period of time so as to become a health hazard.
Grounds, buildings and structures shall be maintained free of insect, vermin and rodent harborage and infestation. The accumulation and/or storage of materials that may provide harborage or serve as food for rodents or other vermin in a site accessible to such rodents or vermin is prohibited.
A. 
Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse within rental property. Storage containers within rental property shall be of an approved flame-resistant material.
B. 
The accumulation or storage of garbage or refuse in public halls or stairways shall be prohibited.
C. 
Tenants should not place loose bags of garbage and/or recyclables outside the building or in a garage area and shall comply with the waste collection regulations as prescribed by Chapter 183 of the City Code of Ordinances.
D. 
Tenants shall not store or leave interior furniture outdoors except for disposal in accordance with Chapter 183 of the City Code of Ordinances and applicable rules and regulations of the Department of Public Works.
A. 
Refrigerators, and similar equipment with locking mechanisms, shall not be discarded, abandoned or stored on premises accessible to children, without first removing the locking devices or the hinges of the doors.
B. 
Junked vehicles, unregistered vehicles, equipment and materials shall not be stored in common, shared and/or open areas of premises.
Domestic animals and pets shall be kept in an appropriate manner in accordance with Chapter 150 of the City Code of Ordinances. Any tenant having ownership, custody or control of a dog or other domesticated companion or working animal shall be responsible for promptly picking up, collecting and disposing of any and all waste products of such animal in a sanitary manner.
A. 
Smoke detectors and carbon monoxide detectors shall not be removed, damaged or disabled in any way. Smoke and carbon monoxide detectors shall not be disabled by the tenant(s).
B. 
The detectors shall not be disconnected from a power source or rendered inoperable in any way. Tenants shall not remove batteries in smoke detectors or carbon monoxide detectors located in a rental property.
C. 
It shall be the duty of the tenant(s) of any rental property to keep and maintain such detectors located within their dwelling unit, or sleeping room, in good repair and operable condition and to notify the property owner to replace any and all devices which are stolen, removed, missing or rendered inoperable during their tenancy of such dwelling unit with an identical device or an equivalent device, as approved by the owner.
D. 
Fire extinguishers shall not be used for any purpose other than that for which they were designed. Tenant shall notify the Fire Department upon discharging a fire extinguisher to extinguish a fire.
E. 
Tampering with sprinkler systems in any way and hanging items from sprinkler systems and sprinkler equipment is prohibited.
A. 
Prohibited locking devices. No hasp, lock, padlock, bar, chain or other device, which is openable only from the exterior, shall be installed by a tenant(s) on any door, which is used or intended to be used, as a means of egress.
B. 
Locking devices required.
(1) 
It is the responsibility of all property owners to ensure that exit doors from dwelling units, and doors from bedrooms, sleeping rooms or lodging units which are located within dwelling units, rooming houses or boardinghouses, in which three or more unrelated individuals reside, shall be equipped with a locking device which is securable by means of a key from the outside and which is provided, on the inside, with a simple type of releasing device, such as a knob, handle or panic bar, the method of operation of which is obvious, even in darkness. No tenant shall remove and/or disable said locking devices.
(2) 
It is the responsibility of all property owners to ensure that all openable windows located within 10 feet, measured vertically, or within six feet, measured horizontally, of ground level, or of exterior balconies, porches, stairs, fire escapes, railings, roof surfaces or any other accessible structure, shall be equipped with sash locks designed to be openable from the inside only. Sash locks shall be easily openable without the use of keys and be maintained in good repair. No tenant shall remove and/or disable said sash locks.
C. 
Self-closing doors shall not be blocked in the open position, and automatic doors shall not be removed.
D. 
Tampering with exit lights and exit signs is prohibited. If exit lights are out or malfunctioning, the property owner must be notified.
A. 
Whenever the municipal officer finds that there has been a violation of these standards, the municipal officer shall issue a notice of violation to the person or persons responsible. The order shall:
(1) 
Be in writing.
(2) 
Identify the premises.
(3) 
Specify the violation and remedial action to be taken.
(4) 
Provide a reasonable time limit for compliance.
(5) 
State the time within which an appeal may be taken.
(6) 
If the violation constitutes a public nuisance or renders the premises dangerous or unsafe, include, in the order, a statement that if the violation is not remedied within the time limit specified in the order, the City may remedy the violation in accordance with Chapter 126 and Chapter 226 of the City Code of Ordinances.
B. 
A notice of violation and order may be served as follows:
(1) 
By personal service upon the tenant(s).
(2) 
By posting a copy thereof on the door of the tenant(s) premises, or if access thereto is denied, by posting a copy thereof on the outside door of the building and mailing a copy to the tenant(s) in a postpaid wrapper addressed to the tenant(s).
C. 
In case the tenant(s) shall fail, neglect or refuse to remove, eliminate or abate the violation, or in the case that the owner, lessor or agent fails to cause the tenant(s) to remove the violation within the time specified, the municipal officer shall forward the notice of violation to the Corporation Counsel who shall prosecute same as provided herein.
D. 
If the violation constitutes a public nuisance or renders the premises dangerous or unsafe, and the violation order has been served, but the violation has not been remedied within the time limit specified in such violation order, the City may remedy the violation in accordance with Chapter 126 and Chapter 226 of the City Code of Ordinances.
Failure to comply with a violation order, within the time limit stated therein, shall constitute an offense. A person convicted of an offense shall be punished by a fine not to exceed $500, or in the court's discretion, a sentence of community service in accordance with the New York State Penal Law.[1] Each day that a violation continues shall be deemed a separate offense and shall subject the occupant to an additional penalty as provided above.
[1]
Editor's Note: See NY Penal § 1.00 et seq.
Unless otherwise provided for by state or federal law or the provisions of a lease, the compliance with the provisions of this chapter shall constitute a substantial obligation of every residential tenancy and the violation thereof shall be grounds for termination of the tenancy.