ARTICLE I. IN GENERAL

§ 12-1. Title of chapter.

This chapter shall be known as the "Minimum Housing Standards Ordinance of the Village of Tuckahoe." (Ord. No. 41, § 100.1, 5-27-1963)

§ 12-2. Legislative finding of fact.

It is hereby found and declared that there exist in the Village of Tuckahoe, New York, structures used for human habitation which are, or may become in the future, substandard with respect to structure, equipment or maintenance, and further that such conditions together with inadequate provision for light and air, insufficient protection against fire hazards, lack of proper heating, insanitary conditions and overcrowding constitute a menace to the health, safety, morals, welfare and reasonable comfort of its citizens. It is further found and declared that the existence of such conditions, factors or characteristics will, if not remedied, create slum and blighted areas requiring large-scale clearance and, further, that in the absence of corrective measures, such areas will experience a deterioration of social values, a curtailment of investment and tax revenue and an impairment of economic values. It is further found and declared that the establishment and maintenance of minimum housing standards are essential to the prevention of blight and decay and the safeguarding of public health, safety, morals and welfare. (Ord. No. 41, § 100.2, 5-27-1963)

§ 12-3. Purpose of chapter.

The purpose of this chapter is to protect the public health, safety, morals and welfare of the people of the Village of Tuckahoe, New York, by establishing minimum standards governing the conditions, occupancy and maintenance of dwellings, dwelling units, rooming houses, rooming units and premises; establishing minimum standards governing utilities, facilities and other physical components and conditions essential to make dwellings, dwelling units, rooming houses, rooming units and premises safe, sanitary and fit for human habitation; fixing certain responsibilities and duties of owners, operators, agents and the occupants of dwellings and dwelling units, rooming houses and rooming units; authorizing and establishing procedure for the inspection of dwellings, dwelling units, rooming houses and rooming units and the condemnation and vacation of those dwellings, dwelling units, rooming houses and rooming units unfit for human habitation; and fixing penalties for the violation of the provisions of this chapter. This chapter is hereby declared to be remedial and essential to the public interest, and it is intended that this chapter be liberally construed to effectuate the purposes as stated above. (Ord. No. 41, § 100.3, 5-27-1963)

§ 12-4. Applicability to all dwellings.

Every portion of a building or premises used or intended to be used for any dwelling purpose shall comply with the provisions of this chapter, irrespective of when such building shall have been constructed, altered or repaired and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or premises, for the construction or repair of the building, or for the installation or repair of equipment or facilities prior to the effective date of this chapter. This chapter establishes minimum standards for the initial and continued occupancy of all buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of building equipment or facilities except as provided in § 12-5. (Ord. No. 41, § 100.5, 5-27-1963)

§ 12-5. Conflict with other ordinances.

In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, electrical, plumbing, fire, safety or health ordinance or any regulation adopted pursuant thereto or any other ordinance, code or regulation of the Village of Tuckahoe, New York, the provision which establishes the highest standard shall prevail. (Ord. No. 41, § 100.6, 5-27-1963)

§ 12-6. Conflict of permits and licenses.

All departments, officials and employees of the Village of Tuckahoe, New York, who have the duty or the authority to issue permits or licenses in regard to the construction, installation, repair, use or occupancy of dwellings, dwelling units, rooming houses or rooming units, equipment or facilities, shall conform to the provisions of this chapter, and no such permit or license shall be issued if such would be in conflict with this chapter, except as provided in § 12-5. (Ord. No. 41, § 100.7, 5-27-1963)

§ 12-7. Existing remedies.

Nothing in this chapter shall be deemed to abolish or impair existing remedies of the Village of Tuckahoe, New York or its officers or agencies relating to the removal or demolition of any buildings which are deemed to be dangerous, unsafe or insanitary. (Ord. No. 41,

§ 100.8, 5-27-1963)

§ 12-8. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

Accessory structure means a structure, the use of which is incidental to that of the main building and which is attached thereto or located on the same premises.

Approved means approved by the Commissioner under the provisions of this chapter or the rules and regulations adopted pursuant thereto or approved by an authority designated by law or by this chapter.

Basement means the portion of the building that is partly underground which has more than one-half (1/2) its height measured from clear floor to ceiling above the average finished grade of the ground adjoining the building.

Bathroom means enclosed space containing one (1) or more bathtubs or showers, or both, and which may also include toilets, lavatories or fixtures serving similar purposes.

Building means a combination of any materials, whether portable or fixed, having a roof, to form a structure affording shelter for persons, animals or property. The word "building" shall be construed, when used herein, as though followed by the words "or part or parts thereof" unless the context clearly requires a different meaning.

Cellar means the lowermost portion of the building partly or totally underground having one-half (1/2) or more of its height, measured from clear floor to ceiling, below the average finished grade of the adjoining ground.

Commissioner the Commissioner of Buildings, referred to in this chapter as the Building Inspector.

Department means the Building Department of the Village of Tuckahoe.

Dwelling means a building containing not more than two (2) dwelling units occupied exclusively for residential uses. Residential uses shall include a private garage and customary home occupations conducted in the dwelling by the occupants, such as the practice of a profession.

Dwelling unit means one or more rooms with living, cooking, sanitary and sleeping facilities therein, arranged with one family. (L.L. No. 7-2009, § 1)

Exterior property areas means open space on the premises and vacant open space on adjacent premises.

Extermination means the control and extermination of insects, rodents and vermin by eliminating their harborage places; by removing, or making inaccessible, materials that may serve as their food; by poisoning, spraying, fumigating, trapping or by other approved means of pest elimination.

Garbage means the animal, vegetable and mineral waste resulting from the handling, preparation, cooking and consumption of food.

Grade means the natural surface of the ground or surface ground after completion of any change in contour.

Gross floor area means the total area of all habitable space.

Habitable space means space occupied by one (1) or more for living, sleeping, eating or cooking, excluding kitchenettes, bathrooms, toilet rooms, laundries, pantries, dressing rooms, storage spaces, foyers, hallways, utility rooms, heater rooms, boiler rooms and basement or cellar recreation rooms.

Infestation means the presence, within or contiguous to a dwelling, dwelling unit, rooming house, rooming unit or premises, of insects, rodents, vermin or other pests.

Kitchenette means space, less than sixty (60) square feet in floor area used for cooking or preparation of food and not deemed habitable space.

Multiple residence means a:

(a) Building containing three (3) or more dwelling units.

(b) Building containing living, sanitary and sleeping facilities occupied by one (1) or two (2) families and more than four (4) lodgers residing with either one of such families.

(c) Building with one (1) or more sleeping rooms other than a one- or two-family dwelling, used or occupied by permanent or transient paying guests or tenants.

Occupant means any person over one (1) year of age living, sleeping, cooking or eating in or having actual possession of a dwelling unit or rooming unit.

Operator means any person who has charge, care or control of a multiple residence or rooming house in which dwelling units or rooming units are let or offered for occupancy.

Outside design temperature means, for the purpose of this chapter, zero degrees Fahrenheit (0° F.).

Plumbing system means pipes, fixtures and other apparatus for supplying water for consumption or for the conveyance of waste and drainage.

Potable water means water duly approved as satisfactory and safe for drinking.

Premises means a lot, plot or parcel of land including the buildings or structures thereon.

Public sewer means a sewer operated by a public authority or public utility and available for public use.

Rooming house means a building or part thereof which contains one (1) or more rooming units and in which space is occupied or intended to be occupied by five (5) or more persons who are husband or wife, son or daughter, mother or father or sister or brother of the owner or operator.

Rooming unit means any room or groups of rooms forming a single habitable unit used or intended to be used for living or sleeping, but not for cooking or eating purposes.

Rubbish means all combustible and noncombustible waste, except garbage.

Sewage means waste from a flush toilet, bath, sink, lavatory, dishwashing or laundry machine or the water-carried waste from any other fixture or equipment or machine.

Structure means a combination of any materials, whether fixed or portable, forming a construction, including buildings. The word "structure" shall be construed as though followed by the words "or part or parts thereof."

Supplied facilities means facilities paid for, furnished or provided by or under the control of the owner or operator.

Toilet room or compartment means enclosed space containing one (1) or more toilets, which may also contain one (1) or more lavatories, urinals and other plumbing fixtures.

Ventilation means supply and removal of air to and from any space by natural or mechanical means.

Ventilation, mechanical means ventilation by power-driven devices.

Ventilation, natural means ventilation by opening to outer air through windows, skylights, doors, louvers or stacks with or without wind-driven devices. (Ord. No. 41, § 100.11, 5-27-1963)

§ § 12-9 - 12-18. Reserved.

ARTICLE II. MINIMUM STANDARDS

DIVISION 1. GENERALLY

§ § 12-19 - 12-23. Reserved.

DIVISION 2. EXTERIOR PROPERTY AREAS

§ 12-24. Free from hazards.

Exterior property areas shall be free from conditions which might create a health, accident or fire hazard. (Ord. No. 41, § 200.1, 5-27-1963)

§ 12-25. Free from rubbish and garbage.

Exterior property areas shall be kept free from organic and inorganic material that might become a health, accident or fire hazard. (Ord. No. 41, § 200.2, 5-27-1963)

§ 12-26. Discharge of sewage.

Sewage must be discharged into a public sewer system except as provided in § 12-65 of this chapter. Discharge of inadequately treated sewage shall not be permitted upon the surface of the ground or into natural or artificial drainageways. (Ord. No. 41, § 200.3, 5-27-1963)

§ 12-27. Stormwater drainage.

Stormwater shall be properly drained to prevent recurrent or excessive ponding or the entrance of water into any basement or cellar. (Ord. No. 41, § 200.4, 5-27-1963)

§ 12-28. Noxious weeds.

Exterior property areas shall be free from species of weeds or plant growth which are noxious or detrimental to the public health. (Ord. No. 41, § 200.5, 5-27-1963)

§ 12-29. Insect and rodent harborage.

Exterior property areas shall be kept free from sources of insect, vermin and rodent breeding, harborage and infestation. (Ord. No. 41, § 200.6, 5-27-1963)

§ 12-30. Domestic animals and pets.

Domestic animals and pets shall not be kept on any premises in such a manner as to create insanitary conditions or constitute a nuisance. (Ord. No. 41, § 200.7, 5-27-1963)

§ 12-31. Accessory structures.

Accessory structures, located on exterior property areas, shall be kept in good repair, free from health, fire and accident hazards and vermin, insect and rodent harborage. (Ord. No. 41, § 200.8, 5-27-1963)

§ 12-32. Depreciation of surrounding property.

Exterior property areas shall be so maintained as not to cause a substantial depreciation in property values in the immediate neighborhood. (Ord. No. 41, § 200.9, 5-27-1963)

§ § 12-33 - 12-37. Reserved.

DIVISION 3. STRUCTURE EXTERIOR

§ 12-38. Foundation walls.

The foundation walls of every structure used for human habitation shall be maintained in good repair and be structurally sound. (Ord. No. 41, § 210.1, 5-27-1963)

§ 12-39. Stairs, porches and railings.

The stairs, porches and railings affixed to the exterior of every structure used for human habitation shall be kept in good repair and structurally sound. Railings shall be provided for stairs and balconies and, where necessary, for porches and accessible roofs. (Ord. No. 41, § 210.2, 5-27-1963)

§ 12-40. Weather- and watertight.

Every structure used for human habitation shall be so maintained that it will be weather- and raintight. (Ord. No. 41, § 210.3, 5-27-1963)

§ 12-41. Overhanging objects.

Every structure used for human habitation shall be free of loose overhanging objects. (Ord. No. 41, § 210.4, 5-27-1963)

§ 12-42. Vermin- and rodent-free.EN

The exterior of every structure used for human habitation shall be so maintained as to be free of rats and such vermin which are of a nature or exist in such quantities as, on the advice of the Westchester County Board of Health, are declared obnoxious or deleterious to public health or safety. (Ord. No. 41, § 210.5, 5-27-1963)

§ 12-43. Protective coating for wood surfaces.

All exterior wood surfaces of a structure used for human habitation that are not of a species inherently resistant to decay shall be treated periodically with a protective coating or other preservative to prevent structural deterioration. Exterior wood surfaces shall be adequately protected against deterioration through the periodic application of approved protective coatings. (L.L. No. 3-1978)

§ § 12-44 - 12-47. Reserved.

DIVISION 4. STRUCTURE INTERIOR

§ 12-48. Free from dampness.

Cellars, basements and crawl space in every structure used for human habitation shall be reasonably free from dampness to prevent conditions conducive to decay or deterioration of the structure. (Ord. No. 41, § 220.1, 5-27-1963)

§ 12-49. Structural members.

Supporting structural members of every structure used for human habitation shall be structurally sound. (Ord. No. 41, § 220.2, 5-27-1963)

§ 12-50. Chimneys, flues and vents.

Chimneys and all flue and vent attachments thereto of every structure used for human habitation and all other flues and vents shall be structurally sound, free from defects, performing the function for which they were designed and are used. (Ord. No. 41, § 220.3, 5-27-1963)

§ 12-51. Stairs and railings.

Interior stairs of every structure used for human habitation shall be structurally sound and free from defects. Railings shall be provided for stairs, balconies, landings and stairwells. (Ord. No. 41, § 220.4, 5-27-1963)

§ 12-52. Floors, walls and ceilings.

Floors, walls and ceilings of every structure used for human habitation shall be structurally sound and maintained in a clean and sanitary condition. (Ord. No. 41, § 220.5, 5-27-1963)

§ 12-53. Bathroom floors.

Bathroom, shower room and toilet room or compartment floors of every structure used for human habitation shall be water-resistant in the case of structures existing on the date of this chapter and shall be waterproof for new structures. (Ord. No. 41, § 220.6, 5-27-1963)

§ 12-54. Free from rubbish and garbage.EN

The interior of every structure used for human habitation shall be maintained free from rubbish and garbage that might become a health, accident or fire hazard. (Ord. No. 41, § 220.7, 5-27-1963)

§ 12-55. Insect and rodent harborage.

The interior of every structure used for human habitation shall be free from insect, rodent and vermin infestation. (Ord. No. 41, § 220.8, 5-27-1963)

§ § 12-56 - 12-60. Reserved.

DIVISION 5. BASIC FACILITIES

§ 12-61. Potable water supply.

Every dwelling unit and rooming house shall be supplied with a potable water supply. There shall be adequate water supply and pressure at all installed hot and cold water outlets. (Ord. No. 41, § 250.1, 5-27-1963)

§ 12-62. Hot water.

Every dwelling, dwelling unit and rooming house shall have an adequate supply of hot water, properly connected to plumbing fixtures requiring hot water. (Ord. No. 41, § 230.2, 5-27-1963)

§ 12-63. Plumbing fixtures required.

Every dwelling and dwelling unit shall have the following plumbing fixtures: kitchen sink, toilet, bathtub or shower and lavatory. Kitchen sinks, bathtubs, showers and lavatories shall be properly connected to both hot and cold water lines. (Ord. No. 41, § 230.3, 5-27-1963)

§ 12-64. Required plumbing fixtures in rooming house.

In every rooming house, the following minimum plumbing fixtures are required for each multiple of three (3) sleeping rooms or fraction thereof: toilet, bathtub or shower and lavatory. Bathtubs, showers and lavatories shall be properly connected to both hot and cold water lines. All fixtures shall be so located as to be accessible to the occupant of each rooming unit, sharing the use of such facilities without going through a dwelling unit or rooming unit of another occupant. Where sleeping accommodations are arranged as a dormitory, the same plumbing fixtures are required for each multiple of ten (10) persons or fraction thereof. Where toilet rooms are provided for the exclusive use of males, urinals may be substituted for not more than one-third (1/3) of the required number of toilets. (Ord. No. 41, § 230.4, 5-27-1963)

§ 12-65. Plumbing fixtures connected to sewer lines.

All plumbing fixtures installed within a structure used for human habitation shall be connected to sewer lines that discharge into a public sewerage system or other approved means of disposal. (Ord. No. 41, § 230.5, 5-27-1963)

§ 12-66. Privies not permitted.

No privy shall be constructed or continued in operation without the written approval of responsible local authorities. (Ord. No. 41, § 230.6, 5-27-1963)

§ 12-67. Heating facilities.

Every dwelling, dwelling unit, rooming house and rooming unit, occupied during normal heating periods, shall have central heating facilities capable of maintaining a minimum inside temperature of seventy degrees Fahrenheit (70° F.), based on outside design temperature in all habitable rooms, bathrooms and toilet and shower rooms or compartments. (Ord. No. 41, § 230.7, 5-27-1963)

§ 12-68. Electric service.

Every dwelling, dwelling unit, rooming house and rooming unit shall be provided with electric service. (Ord. No. 41, § 230.8, 5-27-1963)

§ 12-69. Cooking facilities.

Every dwelling unit shall be provided with installed cooking facilities or utility connections for such facilities. (Ord. No. 41, § 230.9, 5-27-1963)

§ 12-70. Communal cooking and dining facilities.

Every communal kitchen and dining room located in a rooming house shall have adequate floor space and facilities and shall be so located as to be accessible to the occupant of each rooming unit, sharing the use of such facilities, without going through a dwelling unit or rooming unit of another occupant. The preparation and eating of meals in rooming units is prohibited. Communal kitchens and dining rooms shall comply with the applicable provisions of Divisions 6 and 8 of this chapter. (Ord. No. 41, § 230.10, 5-27-1963)

§ 12-71. Refrigerated space.

In every dwelling unit where perishable foods are kept, refrigerated space for their storage or appropriate utility connections shall be provided. (Ord. No. 41, § 230.11, 5-27-1963)

§ 12-72. Means of egress.

Every dwelling unit and rooming unit shall have safe and unobstructed means of egress from the structure. (Ord. No. 41, § 230.12, 5-27-1963)

§ § 12-73 - 12-77. Reserved.

DIVISION 6. INSTALLATION AND MAINTENANCE

§ 12-78. Maintenance of plumbing fixtures.EN Every waterline, plumbing fixture and drain located in a structure used for human habitation shall be properly installed, connected and maintained and capable of performing the functions for which it was designed. (Ord. No. 41, § 240.1, 5-27-1963)

§ 12-79. Maintenance of plumbing systems.

Every stack waste and sewer line located in a structure used for human habitation and every connecting sewer line shall be so installed and maintained as to function properly and not be a source of structural deterioration or a health hazard. (Ord. No. 41, § 240.2, 5-27-1963)

§ 12-80. Installation of heating equipment.

(a) Every heating, cooking and water heating device located in a structure used for human habitation shall be properly installed, connected and capable of performing the function for which it was designed.

(b) All heating, cooking and water-heating equipment burning solid fuels shall be rigidly connected to a chimney or flue, and such heating equipment, burning liquid or gaseous fuels, shall be rigidly connected to a supply line and, where required, to a chimney, flue or vent. (Ord. No. 41, § 240.3, 5-27-1963)

§ 12-81. Maintenance and operation of heating equipment.

Every heating, cooking and water heating device located in a structure used for human habitation shall be so maintained and operated as to be free from fire, health and accident hazards. (Ord. No. 41, § 240.4, 5-27-1963)

§ 12-82. Storage of fuels.

All fuels stored on the premises for the operation of heat-producing equipment shall be stored in a safe manner. (Ord. No. 41, § 240.5, 5-27-1963)

§ 12-83. Maintenance of electric wiring and devices.EN

(a) Electric wiring and devices located in a structure used for human habitation shall be so designed, installed and maintained as not to be a potential source of ignition of combustible material or an electric hazard.

(b) The rating or setting of overcurrent devices shall not be in excess of the carrying capacity of the circuit conductor. (Ord. No. 41, § 240.6, 5-27-1963)

§ § 12-84 - 12-88. Reserved.

DIVISION 7. OCCUPANCY

§ 12-89. Required space in dwelling units.

Every dwelling unit shall contain a minimum gross floor area of at least one hundred fifty (150) square feet for the first occupant and at least one hundred (100) square feet for each of the next two (2) occupants and at least seventy-five (75) square feet of gross floor area for each occupant thereafter. (Ord. No. 41, § 250.1, 5-27-1963)

§ 12-90. Required space in sleeping rooms.

In every dwelling unit of two (2) or more habitable rooms, every room occupied for sleeping purposes by one (1) occupant shall have a minimum gross floor area of at least seventy (70) square feet. Every room occupied for sleeping purposes by more than one (1) occupant shall have a minimum gross floor area of fifty (50) square feet per occupant thereof. Kitchens shall not be used for sleeping purposes. (Ord. No. 41, § 250.2, 5-27-1963)

§ 12-91. Required space in rooming units.

Rooms let to one (1) or more persons shall contain a minimum gross floor area for sleeping purposes of ninety (90) square feet for a single occupant and every such room occupied by more than one (1) occupant shall contain a minimum gross floor area of seventy (70) square feet per occupant thereof. (Ord. No. 41, § 250.3, 5-27-1963)

§ 12-92. Basement dwelling units.

Dwelling units and rooming units located in a basement shall meet all the requirements of this chapter and the floors and outside walls shall be dampproof. (Ord. No. 41, § 250.4, 5-27-1963)

§ 12-93. Sleeping space in cellars.

No space in any cellar shall be used for sleeping purposes. (Ord. No. 41, § 250.5, 5-27-1963)

§ § 12-94 - 12-98. Reserved.

DIVISION 8. LIGHT AND VENTILATION

§ 12-99. Natural light in habitable rooms.

Every habitable room shall have at least one (1) window or skylight facing directly to the outdoors. The minimum aggregate area available for unobstructed light shall be not less than ten percent (10%) of the floor area of such rooms. (Ord. No. 41, § 260.1, 5-27-1963)

§ 12-100. Light in nonhabitable space.

Every stair, hall, cellar and basement located in a structure used for human habitation shall have either adequate natural or artificial light available at all times. (Ord. No. 41, § 260.2, 5-27-1963)

§ 12-101. Light in nonhabitable work space.

Every laundry, furnace room and all similar nonhabitable work space located in a structure used for human habitation shall have either adequate natural or artificial lighting available at all times. (Ord. No. 41, § 260.3, 5-27-1963)

§ 12-102. Light in public halls and stairways.

Every public hall and common stairway located in a structure used for human habitation and which is used primarily for ingress and egress in connection with two (2) or more dwelling units or rooming units shall be supplied with a proper amount of natural light or lighting facilities controllable by the occupants of the structure and be available at all times. (Ord. No. 41, § 260.4, 5-27-1963)

§ 12-103. Electric outlets.

Every habitable room shall have electric outlets properly connected to a source of electric power as required in § 12-69. (Ord. No. 41, § 260.5, 5-27-1963)

§ 12-104. Electric fixtures in bathrooms.

Every bathroom, shower room, toilet room or compartment located in a structure used for human habitation shall have permanently installed artificial lighting fixtures. (Ord. No.41, § 260.6, 5-27-1963)

§ 12-105. Ventilation in habitable rooms.

Every habitable room shall be ventilated by either openable areas equal to forty-five percent (45%) of the required window area or by equivalent mechanical ventilation. (Ord. No. 41, § 260.7, 5-27-1963)

§ 12-106. Ventilation in bathrooms.

Every bathroom, shower room, toilet room or compartment located in a structure made for human habitation shall be adequately ventilated. (Ord. No. 41, § 260.8, 5-27-1963)

§ § 12-107 - 12-111. Reserved.

DIVISION 9. RESPONSIBILITIES OF OWNERS AND OCCUPANTS

§ 12-112. Maintenance of private space.

Every occupant of a dwelling or a dwelling unit shall keep in clean and sanitary condition that part of the dwelling, dwelling unit or premises thereof which he occupies or controls. (Ord. No. 41, § 270.1, 5-27-1963)

§ 12-113. Maintenance of plumbing equipment.

Every occupant of a dwelling or dwelling unit shall be responsible for the exercise of proper care and cleanliness in the use and operation of all plumbing fixtures, sanitary facilities, appliances and equipment therein. (Ord. No. 41, § 270.2, 5-27-1963)

§ 12-114. Waste disposal.EN

Every occupant of a dwelling or dwelling unit shall dispose of rubbish, garbage and other matter, as provided in §

§ 12-25 and 12-54. In a dwelling containing three (3) or more dwelling units, adequate rubbish and garbage containers shall be supplied by the owners. (Ord. No. 41, § 270.3, 5-27-1963)

§ 12-115. Extermination.

(a) Every occupant of a single dwelling unit shall be responsible for the extermination of any rodents, vermin or other pests therein.

(b) Every occupant of a dwelling unit in a building containing more than one (1) dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested, except that whenever such infestation is caused by the failure of the owner to carry out the provisions of this chapter, as cited in §

§ 12-29, 12-42 and 12-55, extermination shall be the responsibility of the owner. When two (2) or more dwelling units within a building are so infested, it shall be the responsibility of the owner to carry out the provisions of this chapter within such building, as cited above with respect to extermination. (Ord. No. 41, § 270.4, 5-27-1963)

§ 12-116. Maintenance of public space.

Every owner of a building containing three (3) or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof. (Ord. No. 41, § 270.5, 5-27-1963)

§ 12-117. Supplied facilities.

Every owner of a dwelling, dwelling unit, rooming house and rooming unit shall be responsible for keeping supplied facilities in proper operating condition. (Ord. No. 41, § 270.6, 5-27-1963)

§ 12-118. Supplied heat.

Every owner or operator of a building who permits to be occupied any dwelling unit or rooming unit therein shall supply heat adequate to maintain therein from September 15 to June 1 of the following year a minimum inside temperature of seventy degrees Fahrenheit (70° F.) based on outside design temperature in all habitable rooms, bathrooms, shower rooms and toilet rooms or compartments, between the hours of 6:30 a.m. and 11:00 p.m. and not less than sixty degrees Fahrenheit (60° F.) between the hours of 11:00 p.m. and 6:30 a.m. in all such rooms. The provisions of this section shall not apply where the failure to maintain minimum requirements is caused by a general shortage of fuel, negligent or malicious act of the occupant, necessary repairs or alterations or any cause beyond the control of the owner or occupant. (Ord. No. 41, § 270.7, 5-27-1963)

§ 12-119. Discontinuance of utilities.

No owner, operator or occupant shall cause any service, facility, equipment or utility which is required to be supplied by the provisions of this chapter to be removed from or shut off from or discontinued for any occupied dwelling unit, except for necessary repairs, alterations or emergencies. (Ord. No. 41, § 270.8, 5-27-1963)

§ 12-120. Occupancy of vacant units,

No person shall occupy as owner-occupant or permit to be occupied by another any vacant dwelling or dwelling unit unless or until it is in good repair, clean, sanitary, in habitable condition and in full compliance with all the provisions of this chapter and the rules and regulations adopted pursuant thereto. (Ord. No. 41, § 270.9, 5-27-1963)

DIVISION 10. INSPECTIONS

§ 12-121. Prior to rental of dwelling unit.

It shall be the responsibility of every owner, agent, operator, executive officer of corporate owners or any person or persons offering a dwelling unit or units for rental to immediately notify the Building Inspector, upon such dwelling unit becoming vacant, for the purpose of facilitating an inspection by said Building Inspector of such dwelling unit. Said inspection shall occur within five (5) business days from the date written notification is given to the Building Inspector.

No such dwelling unit shall be reoccupied until such inspection is completed and the Building Inspector issues a certificate of compliance certifying that said unit is free of any violations of the building, housing, plumbing or electrical codes of the village or any rules or regulations adopted pursuant to said codes. (L.L. No. 7-1976)

§ 12-122. Reserved.

§ 12-123. Fees.

The following fees shall be payable to cover the cost of inspection of dwellings and dwelling units and shall be paid to the Building Inspector at the time said inspection is conducted:

(1) One-family dwelling: twenty dollars ($20.).

(2) Two-family dwelling, per dwelling unit: fifteen dollars ($15.).

(3) Multiple dwelling [eight (8) or more units], per dwelling unit: fifteen dollars ($15.). (L.L. No. 7-1976)

§ 12-124. Penalties for offenses.

Any person who shall knowingly and willfully violate or assist in the violation of this Division shall, upon conviction, be punished by a penalty as prescribed in § 1-7 for such offense. Each day that such violation continues shall constitute a separate offense. The term "person," as used in this section, shall include the owner, agent, executive officer of corporate owners, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of a dwelling, building or part thereof. (L.L. No. 7-1976)

§ § 12-125 - 12-130. Reserved.

ARTICLE III. ENFORCEMENT

DIVISION 1. GENERALLY

§ 12-131. Housing surveys.

The Commissioner of Buildings shall be authorized to make surveys in any area of the village to determine the general condition of structures used for human habitation, the extent of deterioration, lack of facilities and maintenance, unsafe and unsanitary conditions, the extent of overcrowding, land use and other relevant factors. (Ord. No. 41, § 300.1, 5-27-1963)

§ 12-132. Inspection of dwellings.

The Commissioner of Buildings shall be authorized to make or cause to be made inspections to determine the condition of dwellings, dwelling units, rooming houses, rooming units and premises in order to safeguard the health, safety, morals and welfare of the public. The Commissioner of Buildings or his designated representatives shall be authorized to enter any dwelling, dwelling unit, rooming house, rooming unit or premises at any reasonable time during business hours, or at such other time as may be necessary in an emergency, for the purpose of performing his duties under this chapter. Inspections herein authorized shall be limited to the provisions of this chapter. (Ord. No. 41, § 300.2, 5-27-1963)

§ 12-133. Access to dwellings.

The owner, operator, agent or occupant of every dwelling, dwelling unit, rooming house, rooming unit or premises shall give personnel authorized in § 12-132 access to such dwelling, dwelling unit, rooming house, rooming unit and premises for the purpose of such inspections at any reasonable time during business hours or at such other times as may be necessary in an emergency. (Ord. No. 41, § 300.3, 5-27-1963)

§ 12-134. Identification of inspectors.

Inspectors and authorized personnel of the Building Department shall be supplied with official identification and, upon request, shall exhibit such identification when entering any dwelling, dwelling unit, rooming unit or premises. (Ord. No. 41, § 300.4, 5-27-1963)

§ § 12-135 - 12-139. Reserved.

DIVISION 2. UNFIT DWELLING UNITS

§ 12-140. Designation.

Any dwelling, dwelling unit, rooming house or rooming unit, having any of the defects found in Subsections (1), (2), (3) and (4) may be designated by the Commissioner as unfit for human habitation and may be so placarded:

(1) The structure lacks illumination, ventilation, sanitation, heat or other facilities adequate to protect the health and safety of the occupants or the public.

(2) 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.

(3) The structure, because of the location, general condition, state of the premises or number of occupants, is so insanitary, unsafe, overcrowded or otherwise detrimental to the health and safety that it creates a serious hazard to the occupants or the public.

(4) The structure, because of the failure of the owner or occupant to comply with this chapter, is unfit for human habitation. (Ord. No. 41, § 310.1, 5-27-1963)

§ 12-141. Notice of violation.

Whenever the Commissioner determines that a dwelling, dwelling unit, rooming house or rooming unit is unfit for human habitation as provided in § 12-140, he shall give notice of such violation or alleged violation to the person or persons responsible for such violation. Such notice shall be in writing and shall specify the alleged violation and shall provide a reasonable time for compliance and shall be served upon the owner, agent, operator or occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner, agent, operator or occupant if a copy thereof is sent by registered mail, return receipt requested, to the last known address of such person, or if a copy is posted in a conspicuous place in or about the building affected by the notice, and if a copy is mailed by registered mail on the same day it is posted to the owner, agent, operator or occupant; or by such other method authorized by the laws of the State of New York. Such notice shall inform the person to whom it is directed of his right to apply for a hearing before the Board of Trustees of the Village of Tuckahoe as provided in

§ 12-143 of this chapter. Such notice may contain an outline of remedial action which, if taken, will affect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto. (Ord. No. 41, § 310.2, 5-27-1963)

§ 12-142. Notice of intent to vacate.

Whenever the Commissioner determines that a dwelling, dwelling unit, rooming house or rooming unit is unfit for human habitation as provided in § 12-140, he shall include such finding within the notice of violation provided for in § 12-141 of this chapter, and he shall also include a statement of his intent to vacate and placard the dwelling, dwelling unit, rooming house, rooming unit if compliance with the provisions of the notice of violation has not been secured. (Ord. No. 41, § 310.3, 5-27-1963)

§ 12-143. Request for hearing.

Any person affected by any notice of violation issued in connection with the enforcement of any provision of this chapter, as provided in

§ 12-140 or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing before the Board of Trustees, provided that such person shall file, in the office of the Commissioner and Village Clerk, a written request for such hearing, setting forth a brief statement of the grounds therefor, designating the person and his address upon whom orders may be served and setting forth the reasons why such notice of violation should be modified or withdrawn. If this request is filed within ten (10) days after the service of notice of violation, compliance with such notice shall not be required while the hearing is pending. (Ord. No. 41, § 310.4, 5-27-1963)

§ 12-144. Final order.

Any notice of violation provided for in § 12-141 shall automatically become a final order if written request for a hearing is not filed in the office of the Commissioner and Village Clerk within ten (10) days after receipt of the notice. A copy of the order shall be served as provided in § 12-141 of this chapter. (Ord. No. 41, § 310.4a, 5-27-1963)

§ 12-145. Hearing.

Upon receipt of a request for a hearing as provided in § 12-144, the Board of Trustees shall set a time and a place for such hearing and shall give the applicant at least ten (10) days' written notice thereof. Such hearing shall commence not later than thirty (30) days after the date on which the request was filed; however, hearings may be postponed beyond such thirty-day period for good and sufficient reason. At such hearing, the applicant or his representative shall be given an opportunity to show cause why such notice of violation should be modified or withdrawn. (Ord. No. 41, § 310.5, 5-27-1963)

§ 12-146. Finding of hearing.

After hearing held in accordance with §

§ 12-144 and 12-145 of this chapter and on consideration of the evidence presented, the Board of Trustees shall sustain, modify or withdraw the notice. If the notice of violation is sustained or modified such decision shall be deemed a final order and shall be served as provided in § 12-141 of this chapter on the person or persons whom the Board of Trustees shall find to be responsible for the violation. Where there are practical difficulties or unreasonable hardships in the literal enforcement of the provisions of this chapter, the Board of Trustees shall have the power to authorize a variance from the provisions of this chapter, provided that the intent of this chapter shall be observed, with respect to the safeguarding of public health, safety, morals or welfare. (Ord. No. 41, § 310.6, 5-27-1963)

§ 12-147. Record of hearing.

The Village Clerk shall keep a summary of testimony and a copy of every relevant notice or order, the request for a hearing, entries of appearance, findings of fact, if any, and the final determination and such record shall be maintained as a public record. (Ord. No. 41, § 310.7, 5-27-1963)

§ 12-148. Order to vacate.

Whenever a notice of violation, as provided in § 12-142 of this chapter, has not been complied with or where § 12-143 of this chapter has not been invoked, the Board of Trustees 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 § 12-141 of this chapter. (Ord. No. 41, § 310.8, 5-27-1963)

§ 12-149. Vacation of unfit dwelling.

Any dwelling, dwelling unit, rooming house or rooming unit, designated as unfit for human habitation pursuant to § 12-140 and ordered vacated as provided in § 12-148 shall be vacated within such reasonable time as the Board of Trustees 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 Board of Trustees. (Ord. No. 41, § 310.9, 5-27-1963)

§ 12-150. Removal of placard.

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 § 12-149. (Ord. No. 41, § 310.10, 5-27-1963)

§ 12-151. Vacated dwelling made secure.

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 Commissioner or Board of Trustees 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. (Ord. No. 41, § 310.11, 5-27-1963)

§ 12-152. Notice of intent to demolish.

Whenever the Commissioner designates a building unfit for human habitation, as provided in this ordinance, and determines that the cost necessary to correct the violation is not reasonably related to the value of the building, he shall include within the notice of violation provided for in § 12-141 of this chapter a statement of his intent to order the demolition of the structure. A copy of such notice shall be served on the owner, occupant, lessee or mortgagee as provided in § 12-141 of this chapter. The owner may demolish such structure or correct the violation regardless of cost, provided that the requirements of the building code in effect at the time of attempted compliance are satisfied. (Ord. No. 41, § 310.12, 5-27-1963)

§ 12-153. Order to demolish.

Whenever a notice of violation as provided in § 12-152 of this chapter has not been complied with, the Board of Trustees may order the building demolished. Such order shall be served as provided in § 12-141 of this chapter and demolition shall be completed within the time specified by the Board of Trustees. (Ord. No. 41, § 310.13, 5-27-1963)

§ 12-154. Agency to make repairs or demolish.

Whenever a notice or order to remove a violation or secure, vacate or demolish a building has not been complied with, and when such failure to comply is deemed by the Board of Trustees to constitute a nuisance, it may proceed to cause the structure to be demolished, repaired, altered, secured or vacated or take such other action as is necessary to abate the nuisance. Whenever the Board of Trustees determines that such nuisance exists, it shall record sufficient proof to support such determination, and the owner, occupant, lessee or mortgagee shall be notified of such finding pursuant to § 12-141 of this chapter. Abatement authorized by this section shall not commence until at least ten (10) days after service of notice. (Ord. No. 41, § 310.14, 5-27-1963)

§ 12-155. Recovery of expenses.

The expenses incurred pursuant to § 12-154 of this chapter shall be paid by the owner or occupant of the premises or by the person who caused or maintained such nuisance or other matter. The Board of Trustees shall file among its records a resolution stating, with fairness and accuracy, the items of expense and the date of execution of actions authorized by § 12-154 of this chapter. The Board of Trustees may institute a suit to recover such expenses against any person liable for such expenses or may cause such expenses to be charged against the property as a lien. Nothing herein shall be construed as placing a lien upon the property which supersedes the lien of any mortgage on such property executed and recorded prior to the existence of a lien herein authorized. (Ord. No. 41, § 310.15, 5-27-1963)

§ 12-156. Power to act in emergencies.

Whenever the Commissioner, at any stage of the proceedings instituted under the provisions of this chapter, finds that a violation of this chapter exists which, in his opinion, requires immediate action to abate a direct hazard or immediate danger to the health, safety, morals or welfare of the occupants of a building or of the public, he may, without prior notice or hearing, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. Such order may include an order to vacate as provided in § 12-148. Notwithstanding any other provision of this chapter, such an order shall be effective immediately upon service and shall be complied with immediately or as otherwise provided. (Ord. No. 41, § 310.16, 5-27-1963)

§ 12-157. Appeal.

Any person or persons, jointly or severally aggrieved by any final order may seek to have such an order reviewed by the Supreme Court in the manner prescribed by Article 78 of the Civil Practice Law and Rules and as otherwise provided for in the laws of the State of New York. (Ord. No. 41, § 310.17, 5-27-1963)

§ § 12-158 - 12-162. Reserved.

DIVISION 3. RULEMAKING; ADMINISTRATIVE RELATIONSHIPS; PENALTIES; RECORDING OF NOTICE

§ 12-163. Referral of violations.

Whenever it is determined that the conditions of a dwelling, dwelling unit, rooming house, rooming unit or premises is in violation of any applicable code which is not provided for by this chapter or which is provided for by a higher standard of such other law, code, ordinance or regulation, as provided in § 12-5, such condition or violation shall be referred to the appropriate authority. (Ord. No. 41, § 320.1, 5-27-1963)

§ 12-164. Recording of notice.

Whenever a notice, order or complaint has been issued for any infraction of this chapter, the Commissioner may file a copy of such notice, order or complaint in his office. Such recording shall constitute appropriate information of such notice, order or complaint to any subsequent purchaser, transferee, grantee, mortgagee or lessee of the property affected thereby. (Ord. No. 41, § 320.2, 5-27-1963)

§ 12-165. Records and searches.

All records of the code enforcement agency shall be public. Upon request, the Building Department shall be required to make a search and issue a certificate of any of its records, including violations, and shall have the power to charge and collect reasonable fees for such searches or certificates. (Ord. No. 41, § 320.3, 5-27-1963)

§ 12-166. Rules and regulations.

The Commissioner is authorized to make and adopt such written rules and regulations as may be necessary for the proper enforcement and interpretation of this chapter and to secure the intent thereof. Such rules and regulations shall not be in conflict with the provisions of this chapter or any other ordinance of the Village of Tuckahoe, nor shall they have the effect of waiving any provisions of this chapter or any other ordinance. Such rules and regulations shall have the same force and effect as the provisions of this chapter and the penalty for violation of the provisions of this chapter. Such rules and regulations shall be submitted to the local legislative body by the Commissioner. Failure of the Board of Trustees to approve, reject or modify such rules and regulations within thirty (30) days after submission shall be deemed to constitute approval thereof. Said rules and regulations, as approved by the local legislative body, shall be on file and available as a matter of public record. (Ord. No. 41, § 320.4, 5-27-1963)

§ 12-167. Administrative liability.

No officer, agent or employee of the Village of Tuckahoe shall render himself 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. (Ord. No. 41, § 320.5, 5-27-1963)

§ 12-168. Penalties for offenses.

Any person who shall knowingly and willfully violate or assist in the violation of this chapter shall, upon conviction, be punished by a penalty as prescribed in § 1-7 for each offense. Each day that such violation continues shall constitute a separate offense. In addition, a violation of this chapter shall constitute disorderly conduct, and the person violating the same shall be a disorderly person. The term "person," as used in this section, shall include the owner, occupant, mortgagees 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 a building or part thereof. (Ord. No. 41, § 320.6, 5-27-1963)

§ 12-169. Other legal action.

The Village Attorney shall, upon complaint of the Commissioner or upon order of the Board of Trustees or upon his own motion, institute appropriate action to restrain, prevent, enjoin, abate, correct or remove such violation and to take such other legal action as is necessary to carry out the terms and provisions of this chapter. The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. Any and all remedies may be pursued concurrently or consecutively and the pursuit of any remedy shall not be construed as an election of the waiver of the right to pursue any and all of the others. (Ord. No. 41, § 320.7, 5-27-1963)