Dansville City Zoning Code
ARTICLE XIII
Housing Code
§ 1301 General provisions.
A.
Purpose. The purpose of this article is to provide basic and uniform standards governing the condition, occupancy and maintenance of residential premises and establishing reasonable safeguards for the safety, health and welfare of the occupants and users thereof.
B.
Title. This code shall be known as the "Housing Law of the Village of Dansville, New York," which provides housing standards applicable to residential properties within the boundaries of the Village and all annexations thereto.
C.
Scope. This code shall apply to premises as follows:
(1)
Lots, plots or parcels of land on which residential buildings, buildings of mixed occupancy or accessory structures may be or are located.
(2)
Residential buildings, including one- and two-family dwellings, rooming and lodging houses and multiple dwellings, except as specifically excluded in Subsection D.
(3)
Residential occupancies in buildings of mixed occupancy.
(4)
Structures accessory to residential occupancies.
(5)
Hotels, motels, motor courts and motor hotels.
D.
Nonapplicability. This article shall not be applicable to travel trailers or trailer parks, tourist camps, farm labor camps, nursing and convalescent homes.
E.
Conformance with state provisions required. Installations, alterations and repairs to residential premises and materials, assemblies and equipment utilized in connection therewith shall be reasonably safe to persons and property and in conformity with the applicable statutes of the State of New York and the orders, rules and regulations issued by authority thereof. Conformity of such work, materials, assemblies or equipment to the applicable requirements of the New York State Uniform Fire Prevention and Building Code shall be prima facie evidence that the same is reasonably safe to persons and property.
F.
Conflicts with other provisions; highest standards to prevail.
(1)
Where a provision of this code is found to be in conflict with a provision of a zoning, building, electrical, plumbing, fire, safety, health, water supply or sewage disposal law or ordinance or regulations adopted pursuant thereto or other local law, ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail.
§ 1302 Administration.
A.
Title. This section shall be known as the "Administration Provisions" of the Housing Law of Dansville, New York.
B.
Purpose. The purpose of this section is to provide uniform administration of the applicable standards of this chapter in conjunction with the New York State Uniform Fire Prevention and Building Code and establish the responsibilities for enforcement thereof.
C.
Enforcement Officer.
(1)
It is hereby designated in the Village of Dansville, a public official to be known as the "Code and Zoning Enforcement Officer," who shall be appointed annually by the Mayor with the approval of the Village Board at a compensation to be fixed by it.
(2)
In the absence of the Code and Zoning Enforcement Officer, the Mayor shall have the power to act on behalf of the Code and Zoning Enforcement Officer and to exercise all the powers conferred upon by this chapter.
(3)
Except as otherwise specifically provided by law, ordinance or rule or regulation, or except as here and otherwise provided, the Code and Zoning Enforcement Officer shall administer and enforce all of the provisions of the New York Uniform Fire Prevention and Building Code, per Chapter 138, Building Code Administration and Enforcement, of the Code of the Village of Dansville, and regulations promulgated thereunder.
D.
Power to act in emergencies. Whenever the Code and Zoning Enforcement Officer, at any stage of a proceedings instituted under the provisions of this chapter finds that a violation of this chapter exists which, in his or her opinion, requires immediate action to abate a direct hazard or immediate danger to the health, safety or welfare of the occupants of a building or of the public, he or she may, without prior notice or hearing, issue a notice and order, served in the manner provided in § 1305A, 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 for in § 1307C. Notwithstanding any other provision of this chapter, such an order shall be effective immediately upon service and shall be complied with immediately.
E.
Code and Zoning Enforcement Officer to abate hazards in emergencies. Whenever any violation of this chapter, which in the opinion of the Code and Zoning Enforcement Officer, causes a direct hazard or immediate danger to the health, safety, morals or welfare of the occupants of the building or to the public, has not been corrected in the time specified by the order issued under § 1307C of this chapter, the Code and Zoning Enforcement Officer shall take such direct action as is necessary to abate the hazard or danger. Expenses incurred in the execution of such order shall be recovered as provided by § 1307J of this chapter.
F.
Administrative agency.
(1)
The Code Enforcement Office of the Village of Dansville, New York, is hereby designated as the agency to administer and secure compliance with this chapter.
(2)
The Code Enforcement Office shall be under the direction and charge of the Code and Zoning Enforcement Officer as chief officer of the Code Office, who shall have as his/her representatives such assistants and inspectors as may be necessary to carry out effectively the powers and duties of the Code office.
(3)
All personnel of the Code office shall be qualified and appointed as prescribed by the laws of the Village of Dansville and the rules and regulations of New York State, Department of State, Division of Code Enforcement.
NEW YORK STATE FIRE PREVENTION AND BUILDING CODE | |
|---|---|
BUILDING CODE, CHAPTER 1 | |
SECTION 109 | |
ADMINISTRATION AND ENFORCEMENT |
109.1 Administration and enforcement. Administration and enforcement of the New York State Uniform Fire Prevention and Building Code shall be in accordance with local law, subject to the minimum requirements set forth in the "Official Compilation of Codes, Rules and Regulations of the State of New York," 19 NYCRR Part 1203, "Minimum Standards for Administration and Enforcement." State agencies shall comply with the minimum requirements set forth in 19 NYCRR Part 1204, "Administration and Enforcement by State Agencies." | |
109.2 Modification. No town, village, city or county, nor any state agency charged with the administration and enforcement of this code may waive, modify or otherwise alter any provision of this code unless approved by the State Fire Prevention and Building Code Council in accordance with Section 379 of Article 18 of the Executive Law. | |
109.3 Application for variance or appeal. Variance or appeal of any provision of this code shall be in accordance with the provisions of the "Official Compilation of Codes, Rules and Regulations of the State of New York," 19 NYCRR Part 1205, "Variance Procedures." |
G.
Powers and duties.
(1)
The Code office shall be charged with the duty of administering this chapter and securing compliance therewith and shall be empowered to adopt rules and regulations necessary for securing such compliance and for its own organization and internal management, provided that such rules and regulations shall not be in conflict with this chapter.
(2)
It shall be the duty of the Code and Zoning Enforcement Officer:
(a)
[1]To cause an investigation of all complaints of alleged housing violations or other unsafe or unsanitary conditions. All complaints must be in writing, setting forth the alleged violation or other unsafe or unsanitary conditions, and shall be signed by the complainant with his/her or their address. Such complaints should be filed with or addressed to the Code and Zoning Enforcement Officer, Village of Dansville, New York. The name of the complainant shall not be revealed except as may be required in the course of legal action.
[1]
Original § 1302.7B1, regarding inspection prior to closing of title, which immediately preceded this subsection, was repealed 6-20-2017 by L.L. No. 3-2017.
(b)
To issue written orders for the elimination or removal of conditions effecting or found to exist in or on or about premises in violation of the Housing Law and the New York State Uniform Fire Prevention and Building Code and, where appropriate, order the succession of any unlawful use or nuisance, or the vacation, demolition or repair premises found dangerous or unsafe, and, to state in the violation order a reasonable time for compliance therewith, and the time within in which an appeal may be taken.
(c)
To request the Village Board to take appropriate legal action in the name of the Code office upon failure of the responsible party to comply with any violation order within the time specified therein.
(d)
To cooperate with other municipal governmental agencies engaged in the survey, study and improvement of housing conditions.
(e)
To issue a certificate of compliance for premises which satisfy the requirements of this chapter and the New York State Uniform Fire Prevention and Building Code.
(f)
To charge such fees as may be established by the Village of Dansville Board of Trustees.
(g)
To submit to the Mayor an annual report of the Code office and recommendations for the future.
(h)
To make referrals to the Public Health Director, or his/her designated representatives, of any violations of the Sanitary Code of the Livingston County Department of Health or Public Health Law of the State of New York with regard to dwellings or residences which are subject to regulation by the County of Livingston. The Code and Zoning Enforcement Officer shall also record and file any responses from the Public Health Director with regard to said reported violations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
H.
Records. Records shall be kept in accordance with New York State, Department of State, Division of Code Enforcement of all complaints received, inspections made, notice of violation, actions taken regarding premises regulated by this chapter. Records of inspections made, violations found and action taken regarding premises regulated by this chapter shall be available for public inspection.
I.
Administrative liability. No officer, agent or employee of the Village of Dansville, New York, shall be personally liable for any damage that may accrue to person or property as a result of any official determination order or action required or permitted in the discharge of his duties under this chapter. Any suit brought against any officer, agent or employee of the Village of Dansville, New York, as a result of any official determination order or action required or permitted in the discharge of his duties under this chapter shall be defended by the Village Attorney, or other counsel designated specifically for this purpose until the final determination of the proceedings herein.
§ 1303 Compliance and responsibility.
A.
Responsibilities of owners.
(1)
The owners of premises shall be responsible for compliance with the Housing Law standards and shall remain responsible therefor in addition to the fact that this article may also place certain responsibilities on operators and occupants and despite any agreement between owners and operator or occupants as to which party shall assume such responsibility. Compliance with this section shall be a precondition to obtaining a certificate of compliance pursuant to § 1308.
(2)
In the event that cooking and/or refrigeration equipment is provided by the owner, the owner shall maintain the same in proper operating condition.
(3)
The owner, operator or agent in control of the building shall be responsible for the following:
(a)
Limiting occupancy to the maximum number of persons permitted and prohibiting unlawful uses. As stated in New York State Uniform Fire Prevention and Building Code Chapter 12.
(b)
Posting required statements of the maximum number of occupants permitted.
(c)
Maintenance of the premises in a clean, safe and sanitary condition. Owner and tenant responsible per New York State Uniform Fire Prevention and Building Code - Property Maintenance.
(d)
Maintenance of the operation of service facilities in good order and condition.
(e)
Maintenance of plumbing, heating and electrical equipment and systems, appliances, fixtures, as well as other building equipment and facilities, in an appropriate, good operative condition.
(f)
Maintenance of walls, floors and ceilings in public places in a clean and sanitary condition.
(g)
Keeping exits free and clear. Owner and tenant responsible per New York State Uniform Fire Prevention and Building Code - Property Maintenance.
(h)
Disposal of building garbage and refuse in a clean and sanitary manner. Owner and tenant responsible per New York State Uniform Fire Prevention and Building Code - Property Maintenance.
B.
Responsibilities of rooming and lodging house operators. Rooming and lodging house operators shall be responsible for compliance with this code in regard to the following:
(1)
Limiting occupancy to the maximum permitted by this code, as stated in the New York State Uniform Fire Prevention and Building Code, Chapter 12.
(2)
Maintenance of safe and sanitary conditions in all parts of rooming and lodging house premises, as stated in the New York State Uniform Fire Prevention and Building Code, Property Maintenance.
(3)
Maintenance and operation of all required service facilities, as stated in the New York State Uniform Fire Prevention and Building Code, Property Maintenance.
(4)
Maintenance of cooking and refrigeration fixtures and appliances within his control and all plumbing and other building equipment and facilities in an operative, clean and sanitary condition, as stated in the New York State Uniform Fire Prevention and Building Code, Property Maintenance.
(5)
Sanitary maintenance of walls, floors and ceilings. Owner and tenant responsible as stated in the New York State Uniform Fire Prevention and Building Code, Property Maintenance.
(6)
Keeping exits clean and unencumbered. Owner and tenant responsible, as stated in the New York State Uniform Fire Prevention and Building Code, Property Maintenance.
(7)
Disposal of building garbage and refuse in a clean and sanitary manner, as stated in the New York State Uniform Fire Prevention and Building Code, Property Maintenance.
(8)
Extermination of insects, rodents or other pests on the premises, as stated in the New York State Uniform Fire Prevention and Building Code, Property Maintenance.
C.
Responsibilities of occupants.
(1)
In conjunction with the owner of the premises, occupants of dwelling units shall be responsible for compliance with this chapter in regard to the following per the New York State Uniform Fire Prevention and Building Code, Property Maintenance:
(a)
Occupancy limitations and its lawfully permitted use.
(b)
Maintenance in a clean, safe, and sanitary condition.
(c)
Maintenance of plumbing, cooking and refrigeration equipment, appliances, fixtures and facilities, in a clean and sanitary condition, and providing reasonable care in the operation and use thereof.
(d)
Keeping exits free and clear.
(e)
Disposing of garbage and refuse into provided facilities in a sanitary manner, and keeping the premises free and clear.
(f)
Extermination of insects, rodents, and other pests on the premises.
(2)
In the event cooking and/or refrigeration equipment is provided by the occupant, the occupant shall maintain the same in proper operating condition.
D.
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 or shut off from or discontinued for any occupied dwelling unit except for necessary repairs, alterations, or emergencies.
E.
Transfer of ownership. No owner of any dwelling, dwelling unit, rooming house, rooming unit or premises, upon whom any notice or order pursuant to this chapter has been served, shall sell, transfer, grant, mortgage, lease or otherwise dispose thereof, such property to another until compliance of the provisions of such notice or order has been secured; or until such owner shall furnish to the purchaser, transferee, grantee, mortgagee or lessee, prior to such sale, transfer, grant, mortgage or lease, a true copy of such notice or order, at the same time, give adequate notification to the Code and Zoning Enforcement Officer of his/her intent to sell, transfer, grant, mortgage or lease, and supply the name and address of such person, persons or for whom the sale, transfer, grant, mortgage or lease is proposed. A purchaser, transferee, grantee, mortgagee or lessee, who has been informed of the existence of any notice or order issued pursuant to this chapter, shall be bound thereby.
F.
Retaliatory evictions or reprisals.
(1)
No owner, occupant, 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 a building or part thereof shall threaten to or take reprisal against any tenant (who has not committed a breach of the lease or contract of rental) for reporting or complaining, in good faith, of the existence or belief of the existence of any violation of the provisions of this housing law or other applicable laws, statutes, ordinances or regulations or for, in good faith, availing himself/herself of any legal remedy shall have committed an offense. "Reprisal" shall be defined herein as:
(2)
Receipt of a notice to quit the dwelling or a substantial rent increase without adequate cause within 90 days after the above-defined tenant has made a report or complaint or availed himself/herself of remedies against the owner provided by law shall create a rebuttable presumption that such notice to said tenant is a reprisal against the tenant for making such report or complaint or for having availed himself/herself of such remedies against the owner as provided by law.
(3)
Notwithstanding Subsection F(1) and (2), the landlord may recover possession of the dwelling unit if:
(a)
The tenant is in arrears with respect to rent.
(b)
The tenant, the tenant's family or guest are committing waste or a nuisance or are using the dwelling unit for an illegal purpose or for other than living or dwelling purposes in violation of the tenant's rental agreement.
(c)
The landlord seeks in good faith to recover possession of the dwelling unit for immediate use as his/her own abode.
(d)
The landlord seeks in good faith to recover possession of the dwelling unit for the purpose of substantially altering, remodeling or demolishing the premises.
(e)
The landlord seeks in good faith to recover possession of the dwelling unit for the purpose of immediately terminating, for at least six months, use of the dwelling unit as a dwelling unit.
(f)
The complaint or request of Subsection F(1) relates only to a condition or conditions caused by lack of ordinary care by the tenant or another person in said household or on the property with the tenant's consent.
(g)
The dwelling unit and other property and facilities used by or affecting the use and enjoyment of the tenant were, on the date of filing of such complaint or request, in substantial compliance with all codes, statutes or ordinance.
(4)
The defense of retaliatory eviction or reprisal may be raised by the tenant in any eviction action, summary proceeding or other action or proceeding relating to the right of the tenant to remain in possession of the premises.
§ 1304 Certificate of occupancy; new construction only.
A.
A new building or structure for which a permit has been issued shall not be used or occupied in whole or in part until a certificate of occupancy has been issued by the Code and Zoning Enforcement Officer. Such certificate of occupancy shall be issued when, after final inspection, it is determined that the construction and other work has been completed in compliance with the New York State Uniform Fire Prevention and Building Code and other applicable laws, rules and regulations.
B.
A temporary certificate of occupancy may be issued by said Code and Zoning Enforcement Officer pending final completion of the work, provided the use or occupancy of the building shall not present a danger to any person or property.
§ 1305 Notice of violation.
A.
Notice of violation.
(1)
Whenever the Code and Zoning Enforcement Officer determines that there are reasonable grounds to believe that there has been a violation of any of the provisions of this chapter, he or his designated officer shall give notice of such violation to the person or persons responsible for code compliance.
(2)
Such notice shall:
(a)
Be in writing;
(b)
Include a statement or the reason for its issuance;
(c)
Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this code;
(d)
Allowing reasonable time for performance of any acts it requires, but in no case longer than 30 days;
(e)
Be served upon the owner, occupant, and any person responsible for code compliance.
B.
Service of notice.
(1)
All notices issued pursuant to the provisions of § 1309 to restrain or remove any violation or to enforce compliance with any provision or requirement of such chapters may be served by:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a)
Delivering to and leaving a copy of the same with any person or persons violating, or who may be liable under any of the several provisions of such chapters; or
(b)
By registered or certified mail to the most current address on file; or
(c)
If none is on file, to the most current address on file in the Livingston County Real Property Tax Services Agency; or
(d)
If such person or persons cannot be served by any of the aforesaid methods, after diligent search shall have been made for him or them, then such notice or order may be served by posting the same in a conspicuous place upon the premises where such violation is alleged to exist, or to which such notice may refer, or which may be deemed unsafe or dangerous, which shall be equivalent to personal service of said notice upon all parties for whom such search shall have been made; or
(e)
By any other method of service authorized pursuant to Article 3 of the Civil Practice Law and Rules.
(2)
Notice by mail to owners residing out of state. If the person or persons or any of them to whom said notice is directed do not reside in the State of New York and have no known place of business therein, the same may be served by delivering to, and leaving with, such person or persons, or either of them, a copy of said notice, or if said person or persons cannot be found within said state after diligent search, then by posting a copy of the same in the manner as aforesaid and depositing a copy thereof in a post office in the Village of Dansville, enclosed in a sealed wrapper addressed to said person or person at his or their last known place of residence, with the postage paid thereon; and said posting and mailing a copy of said notice shall be equivalent to personal service of said notice.
§ 1306 Inspections.
A.
Inspections. The Code and Zoning Enforcement Officer and/or his/her designee shall make or cause inspections to be made to determine the conditions of any rental properties, single-family dwellings, multifamily dwellings, dwelling units, rooming houses, rooming units and premises in order to safeguard the safety, health, and welfare of the public under the provisions of this chapter.
B.
Inspections upon complaint or violation. Any complaint of a dangerous or unsafe building/structure, a collapsed building/structure, or any other violation of the New York State Uniform Fire Prevention and Building Code and other applicable laws, rules and regulations, shall be inspected and reported upon by the Code and Zoning Enforcement Officer.
C.
Permission to inspect.
(1)
The Code and Zoning Enforcement Officer or his designee shall have authority to inspect any premises covered by this chapter with the consent of the occupant, operator, or owner.
(2)
If the occupant, operator or owner fails or refuses to comply with a request for inspection made pursuant to this chapter, the Code and Zoning Enforcement Officer may seek an administrative warrant, from a court of competent jurisdiction for an administrative warrant as provided in § 1309.
D.
Identification of inspector. Inspectors or authorized personnel of the Code Office shall be supplied with a visual identification and shall exhibit such identification when entering any premises and all parts thereof.
§ 1307 Unsafe buildings.
A.
Designation of unfit premises.
(1)
Any premises within the scope of this chapter having any of the defects found in Subsection A(2), may be designated by the Code and Zoning Enforcement Officer as unfit for human habitation and a notice to such effect shall be posted upon the premises.
(2)
Unfit premises shall be as follows:
(a)
The structure lacks ventilation, sanitation, heat or other facilities adequate to protect the health and safety of the occupants or the public;
(b)
The structure or premises is damaged, decayed, dilapidated, unsanitary, 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;
(c)
The structure or premises, because of location, general condition, state of the premises or number of occupants, is so unsanitary, unsafe, over crowded or otherwise detrimental to health and safety that it creates a serious hazard to the occupants or the public.
(d)
As defined by the New York State Uniform Fire Prevention and Building Code, Property Maintenance Code of New York State, Chapter 1, Section 107, Unsafe Structures and Equipment:
107.1 General. When a structure or equipment is found to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.
107.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
107.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
107.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
107.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law.
107.2 Vacant structures. Vacant structures shall comply with Sections F311.1 through F311.4 of the Fire Code of New York State.
107.3 Notice. Whenever a structure or equipment has been condemned under the provisions of this section, a notice shall be posted in a conspicuous place in or about the structure affected by such notice. If the notice pertains to equipment, it shall also be placed on the condemned equipment.
107.4 Prohibited occupancy. No person shall occupy a placarded premises or shall operate placarded equipment.
107.5 Placard removal. The placard shall be removed whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.
B.
Order of intent to vacate.
(1)
Whenever the Code and Zoning Enforcement Officer determines that a single-family dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit is unfit for human habitation as provided in Subsection A, he/she shall include such finding within the notice and order provided for in § 1305, and he/she shall also include a statement of his/her intent to order the premises to be vacated and to post necessary notices on the single-family dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit if compliance with the provisions of the notice of violation has not been secured.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Order to vacate.
(1)
Whenever an order, as provided in Subsection B, has not been complied with, the Code and Zoning Enforcement Officer may post a notice on the premises and order the premises or any part thereof to be vacated. A copy of such order to vacate shall be served on the owner, agent or operator and the occupant in the same manner as the case may require as provided for serving notice and order in § 1305.
(2)
As defined by the New York State Uniform Fire Prevention and Building Code, Property Maintenance Code of New York State, Chapter 1,
SECTION 108 | |
|---|---|
EMERGENCY MEASURES |
108.1 Imminent danger. When there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the occupants shall vacate the premises forthwith. There shall be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Enforcement Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. |
D.
Vacation of unfit dwelling. Any dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit designated as unfit for human habitation pursuant to Subsection A and ordered that a notice be posted and vacated as provided in Subsection C shall be vacated within such reasonable time as the Code and Zoning Enforcement Officer may specify in the order. No such dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit shall again be used for human habitation and said posted notice removed until written approval is secured from the Code Officer.
E.
Removal of posted notice. No person shall deface or remove the posted notice from any dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit which has been designated as unfit for human habitation, except as provided in Subsection D.
F.
Vacated dwelling made secure. The owner, agent, occupant or operator of any dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit which has been designated as unfit for human habitation and vacated shall make such dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit safe and secure in whatever manner the Code and Zoning Enforcement Officer shall deem necessary. Any vacated 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.
G.
Notice of intent to demolish.
(1)
Whenever the Code and Zoning Enforcement Officer designates a building unfit for human habitation, as provided in this code, he/she shall include within the notice and order provided for in § 1305A, a statement of his/her intent to order the demolition of the structure.
(2)
A copy of such notice shall be served on the owner, occupant, lessee and mortgagee, in the same manner as provided for service of notice of violation in § 1305. The owner may demolish such structure or correct the violation regardless of cost to the owner, provided that the requirements of the New York State Uniform Fire Prevention and Building Code in effect at the time of attempted compliance are satisfied.
H.
Order to demolish. Whenever a notice of intent to demolish as provided in Subsection G of this section has not been complied with allowing reasonable time for performance of any acts it requires, but in no case longer than 30 days, the Code and Zoning Enforcement Officer may order the building demolished. Such order shall be served on the same parties and in the same manner as provided for service of notice and order in § 1305A or B, and demolition shall be completed within the time specified by the Code and Zoning Enforcement Officer.
I.
Code office to make repairs or demolish. Whenever a notice and 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 Code and Zoning Enforcement Officer to constitute a nuisance, he/she may proceed to cause the structure to be demolished, repaired, altered, secured or vacated or take such other legal action as is necessary to abate the nuisance. Whenever the Code Officer determines that such nuisance exists, he/she shall record sufficient proof to support such determination. Abatement authorized by this section shall not commence until at least 30 days after service of such order.
J.
Recovery of expenses. The expenses incurred pursuant to Subsection I of this section shall be paid by the owner or occupant of the premises or by the person who caused or maintained such nuisance or other violation. The Code and Zoning Enforcement Officer shall file among its records an affidavit stating, with fairness and accuracy, the items of expense and the date of execution of actions. The Code and Zoning Enforcement Officer may institute a suit to recover such expenses against any person liable for such expenses. Such expenses shall be charged against the property as a lien. Except with respect to a lien imposed for expenses incurred in demolition, nothing herein shall be construed as placing a lien upon the property which has priority over the lien of any recorded mortgage or lien on such property executed and recorded prior to the existence of a lien herein authorized.
§ 1308 Certificates of compliance.
A.
Requirement of certificate of compliance for rental units.
(1)
Certificate of compliance required:
(a)
A certificate of compliance must be obtained from the Code and Zoning Enforcement Officer for all residential premises used as rental units, and for all multiple dwelling units, each time any said unit is rented or leased to any party other than the owner of record. Further, a certificate of compliance must also be obtained from the Code and Zoning Enforcement Officer every 24 months for said premises, whether they are used as single family rental, or multiple dwelling rental units. NOTE: For purposes of this section, "used as rental units" shall mean used by any party other than the owner of record in return for compensation; intent to eventually purchase the property shall not exempt any individual from this requirement. Failure to obtain a certificate of compliance shall constitute a violation of this chapter and may be used as grounds for obtaining an administrative search warrant pursuant to § 1309.
(b)
In the event that a required inspection is made and no certificate of compliance is obtained for a period of more than 90 days, due to uncorrected violations, failure to correct said violations and obtain said certificate shall constitute grounds to order the premises vacated until such time as all requirements necessary to obtain a certificate of compliance have been satisfied.
(c)
In the event that premises subject to the above requirements are ordered vacated for any reason, any certificate of compliance issued previously shall be considered null and void, and a new certificate of compliance shall be obtained prior to resuming occupancy.
(2)
Because the owner shall be responsible for violations as provided in § 1305A herein, a certificate of compliance shall be obtained from the Code and Zoning Enforcement Officer upon the transfer of title to a new owner of any residential premises used a rental unit and for all premises used as multiple dwellings. Regardless, the owner of the premises shall notify the enforcement officer at least five days prior to the sale of such premises.
(3)
The Code and Zoning Enforcement Officer shall specifically be empowered to make such inspections of properties and to attach such conditions as are necessary to bring such rental units into compliance with the requirements of this chapter.
(4)
A certificate of compliance may be issued for any building or individual dwelling at any other time after inspection thereof, by request, determination of compliance with the Uniform Fire Building Code and the Village of Dansville's Zoning Code, and payment of prescribed fee.
B.
Fee schedule. The fee schedule will be as established by the Code Enforcement Office and ratified by the Village Board of Trustees.
§ 1309 Inspection warrants; administrative.
A.
If the Code and Zoning Enforcement Officer seeking to enforce the provisions of this chapter is denied admission to a premises by the owner or cannot otherwise obtain permission to enter the premises from the person in possession or occupancy, the Code and Zoning Enforcement Officer is authorized to obtain an administrative warrant to make an inspection provided that reasonable cause is shown.
B.
Reasonable cause shall include, but not be limited to the following:
(1)
Evidence of code violations made by visual inspection of the outside of the premises;
(2)
The premises is a multifamily dwelling or single-family dwelling which is not owner occupied and has never been inspected;
(3)
The premises is a multifamily dwelling or a single-family dwelling which is not owner occupied and has not been inspected within 24 months;
(4)
The Code and Zoning Enforcement Officer has evidence that criminal activities have been conducted in or out of the premises;
(5)
The owner of the premises does not have a current certificate of compliance as required by § 1308 of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 1310 Permits.
A.
No person, firm, corporation, association, or partnership shall commence the construction, enlargement, alteration, renovation, improvement, removal or demolition of any building or structure or any portion thereof without first having obtained a permit from the Code and Zoning Enforcement Officer of the Village of Dansville. A building permit shall also be required prior to any work involving electric, plumbing or heating and installation of a solid fuel burning heating appliance, chimney, and flue. No such permit shall be required for repairs which are not of a structural nature and do not involve abatement of a violation of the New York State Uniform Code.
B.
The application for a building permit, and its accompanying documents, shall contain sufficient information to permit a determination that the intended work accords with the requirements of the New York State Uniform Code.
C.
The application shall be signed by the owner, or his/her authorized agent, of the property and or building and shall contain at minimum the following information:
(1)
Name and address of property owner;
(2)
Identification and/or description of the land on which the work is to be done;
(3)
Description of use or occupancy of the property and existing/proposed structure;
(4)
Detailed description of the proposed work;
(5)
Estimate cost of proposed work;
(6)
That any work performed shall be in compliance with the New York State Uniform Code and any applicable state and local laws, ordinances and regulations;
(7)
Required fee;
(8)
Any additional information that the Code and Zoning Enforcement Officer shall deem necessary to the proposed project.
D.
Such application, in duplicate, shall be accompanied by such documents, drawings, plans, plats, plot plans, specifications as the applicant shall deem adequate and as the Code and Zoning Enforcement Officer may require as being necessary or appropriate for compliance with the New York State Uniform Code and any applicable state and local laws, ordinances and regulations. The applicant may confer with the Code and Zoning Enforcement Officer in advance of submitting his application to discuss the Code and Zoning Enforcement Officer's requirements for same.[1]