Within 60 days after the effective date of this article, every person
who owns, manages or controls a dwelling containing four or more rental
units shall provide, install and maintain a window guard of a type
acceptable to the Building Department of the Village of Sleepy Hollow
("Building Department") on all windows in each apartment not on a
ground floor where a child or children 10 years of age or under reside
and on all windows in the common public halls.
This section shall not apply to windows giving access to fire
escapes or to first-floor windows or windows that are a required means
of emergency egress from the dwelling.
That portion of a building included between the surface of
any floor and the surface of the floor next above it. If there is
no floor above it, then it shall be the space between the floor and
ceiling next above it. A cellar shall not be counted as a story in
determining building height.
No one shall obstruct or interfere with the installation of the window guards required by Subsection A, nor shall any person remove such window guards without written permission from the Building Department.
Every person who owns, manages or controls a building with rental
units is required to provide, install and maintain window guards when
so requested by any resident, even when a child in the protected category
does not reside in the subject apartment, within 30 days of a written
request to do so.
Whenever a violation is found to exist, the Building Department may
order any person required to provide, install and maintain window
guards to do so. In the event that such order is not complied with
within five days after service thereof, the Building Department may
issue appearance tickets to enforce compliance with this article.
No certificate of occupancy or letter of legal nonconformity shall
be issued by the Building Department unless the building in question
is in compliance with this section.
All leases offered to tenants of a dwelling must contain a notice,
conspicuously set forth therein, which advises them of their rights
to have window guards installed in their apartments and that a copy
of this article is contained in the office of the Sleepy Hollow Village
Clerk. If the lease arrangements are oral, a written notice to the
effect of the above and a copy of this article shall be nevertheless
provided to each tenant holding under such an oral lease.
Every person required to provide, install and maintain window guards
must cause to be delivered to each apartment within the dwelling a
notice advising the occupants of their rights to have window guards
installed in their apartments and that a copy of this article is contained
in the office of the Village Clerk. Such notices must be provided
annually in a form and manner approved by the Building Department
to any units that do not have window guard installations.
Any person who neglects, refuses or fails to comply with any order
or notice issued hereunder shall be guilty of an offense punishable
by a fine not to exceed $250 or by imprisonment for a term not to
exceed 15 days, or by both such fine and imprisonment. Each week's
continued violation shall constitute a separate additional offense
or violation.
Nothing in this article shall be construed as depriving the Village
of Sleepy Hollow of any other remedy available to it in cases where
there is a violation of this article.