Village of Johnson City, NY General Provisions

[Amended 9-7-1982 by L.L. No. 7-1982; 9-4-1984 by L.L. No. 3-1984; 4-16-2002 by L.L. No. 1-2002]

Whenever the words "dwelling," "dwelling unit," "rooming house," "rooming unit" or "premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."

The following definitions shall apply to the interpretation and enforcement of this chapter:

BASEMENT

A portion of a building located partly underground, but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.

CELLAR

A portion of a building located partly or wholly underground and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.

DWELLING

Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants, provided that temporary housing, as hereinafter defined, shall not be regarded as a "dwelling."

DWELLING UNIT

Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.

ENFORCEMENT OFFICER

The Code Enforcement Officer and the Building Inspector of the Village or such other person or persons as may be designated by the Mayor and/or the Board of Trustees.

EXTERMINATION

The control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food or by poisoning, spraying, fumigating, trapping or by any other recognized and legal pest elimination methods approved by the enforcement officer.

GARBAGE

The animal or vegetable waste resulting from handling, preparation, cooking and consumption of food.

HABITABLE ROOM

A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage spaces.

INFESTATION

The presence within or around a dwelling of any insects, rodents or other pests.

MULTIPLE DWELLING

Any dwelling containing more than two dwelling units.

OCCUPANT

Any person over one year of age, living, sleeping, cooking or eating in or having actual possession of a dwelling unit or rooming unit.

OPERATOR

Any person who has charge, care or control of a building or part thereof in which dwelling units or rooming units are let.

ORDINARY MINIMUM WINTER CONDITIONS

The temperature 15º F. above the lowest recorded temperature for the previous ten-year period.

OWNER

Any person who, alone or jointly or severally with others:

(1)

Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or

(2)

Shall have charge, care or control of any dwelling or dwelling unit as owner or agent of the owner or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter and rules and regulations adopted pursuant thereto to the same extent as if he or she were the owner.

PLUMBING

All of the following supplied facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.

ROOMING HOUSE

Any dwelling or that part of any dwelling containing one or more rooming units in which space is let by the owner or operator to more than three persons who are not related by blood, marriage or adoption to each other or 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 and sleeping, with or without cooking or eating facilities.

RUBBISH

Combustible or noncombustible waste materials, except garbage; and the term shall include the residue from the burning of wood, coal, coke and other combustible material, paper, rag, cartons, boxes, wood excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery and dust.

STRUCTURE

A combination of materials other than a building to form a construction that is safe and stable and includes, among other things, stadiums, gospel and circus tents, reviewing stands, platforms, stagings, observation towers, radio towers, sheds, storage bins, walls, fences and display signs; the term "structure" shall be construed as if followed by the words "or part thereof."

SUPPLIED

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 utilities system on the same premises for more than 30 consecutive days.

UNOCCUPIED HAZARD

Any building or part thereof which remains unoccupied for a period of more than six months with either doors, windows or other openings broken, removed or boarded or sealed up or any building under construction upon which little or no construction work has been performed for a period of six months or more.

§ 166-2 Applicable laws.

[Amended 12-21-1993 by L.L. No. 1-1993]

The provisions of the Building Code, New York State Uniform Fire Prevention and Building Code, the Plumbing Code, the Fire Prevention Code, the Zoning Ordinance of the Village,[1] the Multiple Residence Law of the State of New York, where applicable, the National Electrical Code and any other state, local law, ordinance or regulation issued by the proper authorities thereof shall be applicable for all installations, alterations and repairs to buildings and materials, assemblies and equipment utilized in connection therewith.

[1]

Editor's Note: See Ch. 148, Fire Prevention, Ch. 200, Plumbing, and Ch. 300, Zoning.

§ 166-3 Conflict with other regulations.

In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code of the Village existing on the effective date of the ordinance from which the provisions of this chapter are derived, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail; in any case where a provision of this chapter is found to be in conflict with a provision of any ordinance or code of the Village existing on the effective date of the ordinance from which this chapter is derived which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this chapter shall be deemed to prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this chapter.

§ 166-4 Applicability.

[Amended 4-16-2002 by L.L. No. 1-2002]

This chapter shall apply to premises within the Village as follows:

Lots, plots or parcels of land which are vacant or upon which buildings used for dwellings, mixed occupancy, commercial, industrial or storage uses, whether occupied or vacant, are located.

Residential buildings and multiple dwellings, including single-family owner-occupied dwellings.

Buildings of mixed occupancy, occupied in whole or in part.

Commercial, industrial and storage buildings.

Vacant residential, mixed occupancy, commercial, industrial and storage buildings which are under construction or demolition, including buildings not completed, to the extent that a nuisance or practice exists or is being carried out which is a danger to the public health, safety or welfare.

Accessory structures, accessory to dwellings or commercial, industrial or vacant buildings.

§ 166-5 Availability of remedies.

Notwithstanding the availability of other remedies for enforcement of the provisions contained in any ordinance or code of the Village and in any other state or local law, ordinance or regulation enforced by the Village, the remedies and enforcement procedures as set forth in this chapter are made available to enforce the provisions of the aforesaid ordinances, codes and laws and shall be deemed cumulative to other enforcement procedures and remedies.