[HISTORY: Adopted by the Board of Trustees of the Village
of Suffern 11-14-1977 by L.L. No. 14-1977. Amendments noted
where applicable.]
This chapter shall be known and may be cited and referred to
as the "Village of Suffern Housing Local Law."
A.
Word usage. Words used in the present tense include the future; words
used in the masculine gender include the feminine and neuter; the
singular number includes the plural; and the plural number the singular.
The words "dwelling," "dwelling unit" or "premises" include the words
"or any part thereof."
B.
APPROVED
BASEMENT
CELLAR
DWELLING
DWELLING UNIT
EXTERMINATION
FIRST STORY
GARBAGE
HABITABLE ROOM
HOUSING INSPECTOR
INFESTATION
LIGHT HOUSEKEEPING
LIGHT HOUSEKEEPING UNIT
OCCUPANT
OWNER
(1)
(2)
PERSON
PLUMBING
RUBBISH, BURNABLE
SUPPLIED
Terms defined. Certain words or terms in this chapter are defined
for the purposes hereof as follows:
Approved by the Housing Inspector appointed by the Mayor
with the approval of the Board of Trustees to enforce the provisions
of this chapter.
A portion of a building located partly underground but having
less than 1/2 of its clear floor-to-ceiling height below the average
grade of the adjoining ground.
A portion of a building located partly or wholly underground
but having less than 1/2 or more of its clear floor-to-ceiling height
below the average grade of the adjoining ground.
Any building or structure or part thereof which is used or
intended to be used for living or sleeping.
A 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 and cooking.
The control or elimination of insects, rodents or other pests
by eliminating their harborage places, by removing or making inaccessible
materials that may serve to harbor pests, by blocking their access
to a dwelling or by any other recognized and legal pest-elimination
methods approved by a health officer of the Village of Suffern pursuant
to appropriate local laws.
That story of a dwelling at or next above the average grade
of the adjoining ground.
The animal and/or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
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.
The Housing Inspector of the Village of Suffern appointed
pursuant to this chapter.
The presence within or around a dwelling or in or near waste
disposal containers of any insects, rodents or other pests.
The use of a room or rooms for combined living, sleeping
and dining purposes by individuals or groups of persons having part
of a dwelling, such as stairs or halls, in common but living independently
of each other and doing their cooking upon the premises, whether in
the same or in other units, as distinguished from a dwelling unit
or apartment having normal kitchen and toilet facilities.
The room or rooms occupied for light housekeeping purposes
by one individual or group of persons living independently of other
such individuals or groups.
Any legally responsible person who has charge, care or control
of a building or part thereof in which dwelling units are leased or
let.
Any legally responsible person who, alone or jointly or severally
with others:
Has legal title to any dwelling, with or without actual possession
thereof; or
Has charge, care or control of any dwelling as owner or agent
of the owner or as executor, executrix, administrator, administratrix,
trustee or guardian of the owner. Any such person thus representing
the owner shall be bound to comply with the provisions of this chapter
to the same extent as if he were the owner.
Includes any individual, firm, corporation, association or
partnership.
Water pipes, mechanical garbage-disposal units, waste pipes,
water closets, sinks, installed dishwashers and clothes-washing machines,
lavatories, bathtubs, shower baths, catch basins, drains, vents and
other similar supplied fixtures, including all connections to water-
or sewer lines.
Combustible waste material, except garbage, but including
paper, rags, cartons and boxes, wood, excelsior, rubber, leather,
tree branches and yard trimmings.
Paid for, arranged, furnished or provided by or under control
of the owner or operator.
No person shall occupy or let to another for occupancy any dwelling
for the purpose of living, sleeping, cooking or eating therein which
does not comply with the requirements of this chapter.
A.
Sink, flush water closet, lavatory basin and bathtub or shower in
dwellings.
(1)
Every dwelling unit shall contain:
(a)
A kitchen sink in good working condition, properly connected
to an approved water and sewer system.
(b)
A room or rooms affording privacy and equipped with a flush
water closet, lavatory basin and bathtub or shower in good working
condition, properly connected to an approved water and sewer system.
(2)
No such sanitary facilities shall be located in a basement or cellar,
except by written approval of the Housing Inspector.
(3)
No water closet shall be of the flush-hopper, frostproof-hopper,
privy or similar type.
B.
Access to bathrooms and water closets. Access to each bathroom or
water-closet compartment shall be provided without requiring passage
through a sleeping room, bathroom or water-closet compartment of another
dwelling.
C.
Floors and ventilation of bathrooms and water closets.
(1)
Every water-closet compartment and bathroom shall be floored with
a surface which is impervious to water and which can be easily kept
in a clean and sanitary condition.
(2)
Every bathroom and water-closet compartment shall be provided with windows meeting the requirements for light and ventilation of habitable rooms prescribed in § 162-5 or with an approved mechanical or gravity ventilation system affording adequate ventilation and maintained in good working condition at all times.
D.
Piped hot and cold running water.
(1)
Every kitchen sink, lavatory basin and bathtub or shower required
under this chapter shall be connected to and supplied with hot and
cold running water.
(2)
Within one year after the effective date of this chapter, every dwelling
shall have supplied water-heating facilities which are properly installed
and connected to waterlines maintained in safe and good working condition
and of sufficient capacity to supply an adequate amount of water at
every required kitchen sink, lavatory basin, bathtub or shower at
a temperature of not less than 120° F.
A.
Window area and ventilation.
(1)
Every habitable room shall have at least one window which can be
easily opened facing directly to outdoor open space. The minimum total
window area, measured between stops, for every habitable room shall
be 10% of the floor area of such room unobstructed by any portion
of structure or wall less than five feet from the outside of such
window.
(2)
The total openable window area for each habitable room shall be equal
to at least 45% of the required window area.
B.
Screening.
(1)
Every outer door, openable window or other outside opening of a dwelling
shall be supplied with screen doors with self-closing devices or with
screens for protection against flies, mosquitoes or other insects
when required by the Housing Inspector.
(2)
Every basement or cellar window used for ventilation and every other
opening to a basement or cellar which might afford an entry for rodents
shall be barred with strong screen of at least one-fourth-inch mesh
or such other device as will prevent such entry, when required by
the Housing Inspector.
C.
Electrical outlets. Every habitable room shall contain at least one
floor- or wall-type electric convenience outlet and one ceiling electric
lighting fixture or two electric convenience outlets, and every water-closet
compartment, bathroom or hall, furnace room or laundry room shall
contain at least one wall- or ceiling-type electric light fixture.
Every electrical outlet and fixture shall be properly installed and
maintained in good and safe working condition and connected to an
approved source of electric power in a safe and approved manner.
D.
Public hall lighting. Every public hall and stairway in every multiple
dwelling shall be lighted to at least one footcandle on the floor
and stairs at all times.
E.
Heating facilities. Every dwelling shall have heating facilities
which are properly installed and vented and maintained in safe operating
condition, and all habitable rooms, bathrooms and water-closet compartments
in each dwelling unit therein shall be heated to a temperature of
at least 68° F. (36° C.) at a distance of 18 inches above
floor level and three feet from an outside wall.
[Amended 1-23-1978 by L.L. No. 2-1978]
A.
Floor space.
(1)
Every dwelling unit shall contain at least 100 square feet of floor
space for the first occupant thereof and at least 75 additional square
feet of floor space for every additional occupant, in addition to
the floor area included in water-closet compartments, bathrooms, halls
and passageways.
(2)
Every room occupied by one person for sleeping purposes shall contain
at least 70 square feet of floor area, and every room occupied by
more than one person for sleeping purposes shall contain at least
50 square feet of floor area for each person occupying said room.
[Amended 11-3-2008 by L.L. No. 17-2008; 7-11-2011 by L.L. No. 8-2011]
(3)
Dwelling
units shall not be occupied by more occupants than permitted by the
following minimum area requirements:
[Added 8-24-2015 by L.L.
No. 7-2015]
|
Space
|
1 to 2 Occupants
|
3 to 5 Occupants
(square feet)
|
6 or More Occupants
(square feet)
|
|---|---|---|---|
|
Living room
|
None
|
120
|
150
|
|
Dining room
|
None
|
80
|
100
|
|
Kitchen
|
50 square feet
|
50
|
60
|
B.
Access to sleeping rooms. No dwelling unit shall be so located or
arranged that access thereto requires passage through a habitable
room or another dwelling unit.
C.
Ceiling height of habitable rooms. At least 1/2 of the floor area
of every habitable room shall have a ceiling height of not less than
7 1/2 feet. The floor area of any part of a room where the ceiling
height is less than five feet shall not be considered as part of the
required floor area.
D.
Basement or cellar occupancy. No basement space shall be used as
a habitable room or dwelling unit unless:
(1)
The floor and walls are impervious to leakage of underground and
surface runoff water and are well drained and protected against dampness.
(2)
The total window area in each room is not less than 15% of the floor
area of the room as measured between stops and is entirely above the
grade of the ground adjoining each window area.
(3)
The total openable window area of each habitable room is 45% of the
required window area.
(4)
All heating equipment or other equally hazardous equipment is separated
from the dwelling unit by a standard partition.
(5)
Access can be gained to the unit without passage through a furnace
room. No cellar space shall be used as a habitable room of a dwelling
unit.
A.
Structural soundness.
(1)
Members. Every foundation, door, outer wall, ceiling and roof shall
be weathertight, watertight and rodentproof, shall be capable of affording
privacy and shall be kept in good repair.
(2)
Openings. Every window, exterior door and basement hatchway or stairway
shall be weathertight, watertight and rodentproof and shall be kept
in good working condition and repair.
(3)
Stairs and porches. Every inside and outside stair and handrail and
every porch and porch rail shall be so constructed as to safely support
the maximum load that normal use may require and shall be kept in
safe condition and good repair at all times. The Housing Inspector
may require a handrail for each stair if deemed necessary.
B.
Mechanical soundness of plumbing. All plumbing shall be properly
installed and maintained in sanitary condition, free from defects,
leaks and obstructions.
C.
Safe egress for dwellings. Every dwelling unit shall have at least
one unobstructed means of ingress and egress leading to safe open
space at ground level and to a public street or alley. Where there
is more than one dwelling unit on a second story or where there are
more than two stories, a minimum of two approved exitways shall be
provided for every occupied story above or below the first story;
except, however, that a second story may be served by a single stairway
if such stairway is enclosed by one-hour fire-resistant materials
where such second story does not exceed 2,400 square feet in floor
area and the distance from the dwelling units to the stairway is less
than 50 feet.
A.
Owner and owner-occupant responsibility. Every owner or owner-occupant
shall be responsible for the cleanliness of all parts of a dwelling
and premises shared in common by more than one family and for provision
of the following utilities and services, except where such responsibility
is assumed by an operator or an occupant by agreement:
(1)
Provision of garbage and trash disposal facilities or containers
where the dwelling exceeds two units.
(2)
Extermination of insects, rodents or other pests, except that where
only one dwelling unit is infested, the occupant of such infested
unit shall be responsible for its extermination unless the dwelling
is not maintained in a reasonably ratproof or insectproof condition.
(3)
Provision of all other facilities, utilities, service of conditions
required by this chapter.
B.
Occupant responsibility. Every occupant of a dwelling unit shall be responsible for keeping the occupied area and premises and all plumbing equipment and facilities in a clean, safe and sanitary condition at all times. Rubbish and garbage shall be disposed of or stored in proper containers in a neat and sanitary manner unless disposed of or stored by the owner or owner-occupant as provided in Subsection A of this section.
Upon the discontinuance of gas or electric service for cause
by a public utility company or upon discontinuance of any municipal
or other service for cause, the Housing Inspector shall be notified
and shall thereupon take immediate steps to have the responsible person
correct conditions leading to such discontinuance of services, if
possible. Because such utilities and services are essential for the
health, safety and welfare of the occupants of any dwelling, no dwelling
may continue to be occupied after removal or discontinuance of any
service, facility, equipment or utility, except for temporary interruptions
during actual repair work or during temporary emergencies when discontinuance
of service is approved by the Housing Inspector. This section shall
not be construed to prevent the cessation or discontinuance of any
such service upon order of the Housing Inspector or any other authorized
official.
A.
All dwellings or parts thereof which have any of the following defects
shall be deemed "dangerous dwellings" and shall be condemned as unfit
for human habitation:
(1)
Those whose interior or exterior bearing walls or other vertical
structural members list, lean or buckle to such an extent as to weaken
the structural support they provide.
(2)
Those which, excluding the foundation, show 33% or more of damage
or deterioration of the supporting member or members or 50% or more
of damage or deterioration of the nonsupporting enclosing or outside
walls or covering.
(3)
Those which have improperly distributed loads upon the floors or
roofs or in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used.
(4)
Those which have been damaged by fire, wind or other causes so as
no longer to provide shelter from the elements and which have become
dangerous to the life, safety, morals or general health and welfare
of the occupants or the people of the Village.
(5)
Those which have become or are so dilapidated, decayed, unsafe, unsanitary,
vermin-infested or obsolete that they are likely to cause sickness
or disease or injury to the health, morals, safety or general welfare
of those living therein or of the people at large.
(6)
Those which lack light, air and sanitation facilities as required
by this chapter to protect the health, morals, safety or general welfare
of persons living therein.
(7)
Those which lack the facilities required by this chapter for egress
in case of fire or panic or those which have insufficient stairways,
elevators, fire escapes or other means of communication required herein.
(8)
Those having parts thereof which are so attached that they may fall
and injure occupants, the public or other property.
B.
Declaration of nuisance and orders.
(1)
All dangerous dwellings or parts thereof, within the terms of this
chapter, are hereby declared to be public nuisances and shall be vacated
and repaired or demolished.
(2)
In any case where a dangerous dwelling is 50% or more damaged or decayed or deteriorated from its original structure or where it cannot be repaired so as to comply with the terms of this chapter, it shall be ordered vacated and demolished. Dwellings ordered vacated shall be vacated in accordance with the provisions of § 162-12.
A.
The Housing Inspector is hereby authorized and directed to make inspections
to determine the condition of dwellings, dwelling units and premises
located within the Village of Suffern in order to safeguard the health
and safety of the occupants of such dwellings and of the general public.
For this purpose and upon showing proper identification, the Housing
Inspector is authorized to enter, examine and survey at any reasonable
hour all dwellings, dwelling units and premises, and the owner, occupant
or the person in charge thereof shall give the Housing Inspector free
access thereto for the purpose of such inspection.
B.
Every occupant of a dwelling shall give the owner thereof or his
agent or employee access to any part of such dwelling or its premises
at any reasonable hour for the purpose of making any repairs or alterations
which are necessary to effect compliance with the provisions of this
chapter or any lawful order issued pursuant thereto.
C.
No officer, agent or employee of the Village of Suffern shall be
personally liable for any damage that may accrue to persons or property
as a result of any act required or permitted in the discharge of his
duties under this chapter.
A.
Notices of violation.
(1)
Form and service of notice.
(a)
Whenever the Housing Inspector determines that there has been
a violation of any provision of this chapter, he shall give notice
of such violation to the person or persons responsible therefor and
order compliance with this chapter as hereinafter provided. Such notice
and order shall be in writing on an appropriate form and shall include:
(b)
Such notice and order shall be served upon the owner, occupant
or agent in person; provided, however, that the notice and order shall
be deemed to be properly served if such owner, occupant or agent is
sent a copy thereof by registered mail to his last known address and
a copy is posted in a conspicuous place in or on the dwelling affected.
(2)
Whenever the Housing Inspector determines that a dwelling is a dangerous dwelling, as defined in § 162-10, he shall:
(a)
Affix upon the door or entrance to such dwelling a printed placard
declaring that such dwelling is unfit for human habitation and is
ordered vacated. No person shall deface or remove such placard from
any dwelling which has been condemned as unfit for human habitation
and placarded as such. The Housing Inspector shall remove the placard
whenever the defect or defects upon which the condemnation and placarding
were based have been eliminated.
B.
Hearings.
(1)
Any person affected by a notice and order issued in connection with
the enforcement of this chapter may request and shall be granted a
hearing on the matter before the Housing Board of Review, provided
that such person shall file in the office of the Housing Inspector
a written petition requesting the hearing and setting forth his name,
address, telephone number and a brief statement of the grounds for
the hearing of for the mitigation of the order. Such petition shall
be filed within 10 days after the date the notice and order are served.
Upon receipt of the petition, the Housing Inspector shall set a time
and place for a hearing before the Housing Board of Review and shall
give the petitioner written notice thereof. Said hearing shall be
held within a reasonable time after a petition has been filed, and
the petitioner shall be given an opportunity to be heard and to show
cause why the notice and order should be modified or withdrawn. The
failure of the petitioner or his representative to appear and to state
his case at such hearing shall have the same effect as if no petition
were filed.
(2)
After the hearing, the Housing Board of Review, by a majority vote,
shall sustain, modify or withdraw the notice, depending on its findings
as to whether the provisions of this chapter have been complied with,
and the petitioner and the Housing Inspector shall be notified, in
writing, of such findings.
(3)
The proceedings of the hearing, including the findings and decision
of the Housing Board of Review and the reasons thereof, shall be summarized
in writing and entered as a matter of public record in the office
of the Village Clerk. Such record shall also include a copy of every
notice and order issued in connection with the case.
C.
Orders to vacate.
(1)
Where a notice of violation and order to comply have been served
pursuant to this chapter and upon reinspection at the end of the time
specified in compliance and if no petition for a hearing has been
filed, if it is found that the violation or violations have not been
remedied, the Housing Inspector may order the dwelling or parts thereof
affected by the continued violations vacated in accordance with the
following procedure:
(a)
Dwellings shall be vacated within a reasonable time, not to
exceed 60 days.
(b)
Vacated dwellings shall have all outer doors firmly locked and
basement, cellar and first-story windows barred or boarded to prevent
entry.
(c)
Vacated dwellings shall not again be used for human habitation
until written approval is secured from the Housing Inspector.
(2)
If a dwelling or part thereof is not vacated within the time specified
in the order of vacation, the Housing Inspector shall seek a court
order in a court of competent jurisdiction for the vacation of such
dwelling or part thereof.
D.
Emergency order. Whenever the Housing Inspector finds that an emergency exists which requires immediate action to protect the health and safety of the residents or of the public, he may issue an order so stating, and, notwithstanding any other provision of this chapter, such order shall take effect and shall be complied with immediately. Upon petition to the Housing Board of Review, the petitioner shall be afforded a hearing pursuant to Subsection B of this section.
E.
Vacation and demolition.
(1)
If the owner, occupant or lessee fails to comply with the order of
the Housing Inspector or the action of the Housing Board of Review
after hearing, the Housing Inspector shall cause such dwelling or
part thereof to be vacated and repaired or demolished as the facts
may warrant and shall, with the assistance of the Village Attorney,
cause the costs of such repair or demolition to be charged against
the land on which the building existed as a lien on the property,
said charge to be included on the real property tax or to be recovered
in a suit of law against the owners.
(2)
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a dangerous dwelling, as defined herein, is immediately vacated and repaired or demolished, the Housing Inspector shall cause its immediate vacation and repair or demolition. The costs of such emergency repair or demolition shall be collected in the same manner as provided in Subsection E(1) of this section.
A.
A Housing Board of Review is hereby created to conduct the hearings
authorized by this chapter. Such Housing Board shall consist of five
members to be appointed by the Mayor and confirmed by the Board of
Trustees for overlapping terms of three years each, except that the
members of the first Board shall be appointed two for one year, two
for two years and one for three years, respectively. Each member of
the Board shall serve until a successor is appointed. All members
of the Board shall be citizens of the United States and residents
of the Village of Suffern.
B.
The Housing Board of Review shall:
(1)
Adopt rules of procedure not inconsistent with this chapter, elect
its own officers and keep a record of all proceedings, including the
vote of each member on each case heard. No member of the Board shall
take part in any hearing or determination in which he has, directly
or indirectly, any personal or financial interest. Three members of
the Board in attendance at any meeting shall constitute a quorum.
(2)
Interpret the intent of this chapter in specific cases where, upon
appeal, it clearly appears that, by reason of special conditions,
undue hardship would result from the literal application of any section
of this chapter. Where such undue hardship is clearly demonstrated,
the Board may permit a variance from the applicable section, provided
that the dwelling will vary only a reasonable minimum from the literal
provision of this chapter and will comply generally with the spirit
and intent of the regulations as to sanitation, safety and rehabilitation.
Any such variance shall be permitted only by the concurring vote of
at least three members of the Board.
[Added 11-13-1978 by L.L. No. 10-1978; amended 9-21-1992 by L.L. No.
7-1992]
A.
Identification of owners of rental units. The owner of any dwelling
which contains three or more rental dwelling units shall file with
the Village Clerk before January 1 of each year a statement identifying
the owner and superintendent or agent, if any, of each dwelling, the
address and telephone number of each and whether the owner resides
on the premises on a permanent basis. This information shall be conspicuously
posted in the lobby or entrance area of each such dwelling. In addition,
the owner must furnish to the Village Clerk before January 1 of each
year a telephone number at which the owner or an agent may be reached
24 hours per day.
B.
Notification to owner. Whenever the Police Department, Fire Department, ambulance service or other emergency service is required to respond to property described in § 162-14A of this chapter, the Police Department shall notify the owner by telephone of such incidents as soon as is practicable, at the telephone number provided by the owner pursuant to § 162-14A of this chapter. The Police Department shall subsequently provide written notification to the owner of the incident at the address specified pursuant to § 162-14A of this chapter. The provisions of this subsection are not intended to create a duty on the part of the Village to any property owner, tenant or resident.
The provision of this chapter shall be held to be the minimum
requirements to protect the health, safety, morals and welfare of
the people of the Village, and where this chapter imposes greater
requirements than imposed by other provisions of law or ordinance,
the provisions of this chapter shall control.
[Amended 3-12-1990 by L.L. No. 3-1990; 1-8-2007 by L.L. No.
1-2007]
A.
Any person failing to comply with a lawful order pursuant to this
chapter or committing an offense against any provisions of this chapter
shall be guilty of a violation punishable by a fine not exceeding
$5,000, or by community service in an amount deemed appropriate by
the court, or by imprisonment for a term not exceeding 15 days, or
by any combination of the same.
B.
The continuation of an offense against the provisions of this chapter
shall constitute, for each week the offense is continued, a separate
and distinct offense hereunder.
