ARTICLE XIII, Miscellaneous Provisions

Text relating to property maintenance has been copied from the pdf provided by the Village and pasted here. This was done to make the text searchable.

Part 3, Administration and Compliance

ARTICLE XIII, Miscellaneous Provisions

§ 143-89. Liability of officers, employees and agents; defense and indemnification

A No officer, agent or employee of the village may be personally liable for any damage resulting from any official determination, order or action required or permitted in the discharge of his duties under this code.

B The village shall defend and indemnify the chief officer of the agency, the Chief of the Fire Department and the Commissioner of Health, or other officers of their departments specifically designated and authorized by them to make such official determination, order or action in the discharge of their duties under this code, against any judgments or liability that may arise as a result of any such official determination, order or action made or taken by them in the discharge of their duties under this code.

§ 143-90. Penalties for offenses

A Property owner. For any person who is a property owner in the village, whether a person, firm or corporation, who or which violates the provisions of this chapter, the village may cause the violation to be corrected. Any and all work required to be performed and the cost thereof, plus fifty percent (50%) for administration and supervision added thereto, shall become a lien upon the property owner's property on/near where said work was performed or violation occurred and shall be added to and become a part of the taxes next to be assessed and levied upon said property and shall be collected and enforced in the same manner as taxes

B Not property owner. Any person who is not a property owner, whether a person, a firm or a corporation, who or which violates any provision of this chapter shall be liable for a civil penalty of not more than two hundred dollars ($200.) per day for each day or part thereof during which such violation continues.

§ 143-91. Duties of Corporation Counsel

The Corporation Counsel shall, upon complaint of the chief officer of the agency or upon his own motion, institute appropriate action to restrain, prevent, enjoin, abate, correct or remove violations of this code and to take such other legal action as is necessary to carry out the terms and provisions of this code. The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law and as provided in this code; any and all remedies may be pursued concurrently or consecutively, and the pursuit of any remedy shall not be construed as an election or the waiver of the right to pursue any and all of the others.

§ 143-92. Effect on other provisions; additional remedies

A The provisions of this code shall supplement local laws, ordinances, codes or regulations. When a provision of this code is found to be inconsistent with any provision of a statute, local law, ordinance, code or regulation, the provisions of this code shall prevail.

B Notwithstanding the availability of other remedies for enforcement of the provisions contained in the Building Code, Plumbing Code, Electrical Code, Fire Prevention Code, Sanitary Code and Zoning Ordinance of the village, the remedies and enforcement procedures as set forth in this code may be used to enforce the provisions of the aforesaid enumerated village codes and ordinances and shall be deemed cumulative to other procedures and remedies.

C The remedies of the Village of Ilion as herein set forth shall not be exclusive, but the village shall have any other and further remedies at law or otherwise now existing or as may hereafter be provided for under the laws of the State of New York, and any and all such remedies shall be deemed cumulative, and pursuit of any remedies shall not be construed as an election or the waiver of the right to pursue any and all others.

ARTICLE XIV, Appeals

§ 143-93. Right of appeal

Any person or persons jointly or severally aggrieved by any final order of the chief officer of the agency may seek to have such order reviewed by the Housing Board of Appeals (also known as the "Health and Safety Board") in the manner hereinafter described or by the Supreme Court in the manner prescribed by Article 78 of the New York State Civil Practice Law and Rules.

§ 143-94. Housing Board of Appeals

A Housing Board of Appeals is hereby established and shall also constitute the Health and Safety Board of the Village of Ilion and shall be composed of the Public Works Director, Planning Board Chairman, Urban Renewal Director, Building Official, Fire Chief and Health Officer or his representative and any additional member or members appointed by the Board of Trustees of the Village of Ilion.

§ 143-95. Powers and duties of Housing Board of Appeals

The Housing Board of Appeals shall have the power to renew any order or decision of the Code Enforcement Officer and Building Code Inspector or any other officer arising out of the office enforcement of the Housing Code and Building Code and other ordinances, regulations and codes having to do with housing control and minimum standards for the safety, health and public welfare of its citizens.

§ 143-96. Procedure for appeal

A Any party wishing to modify, review, annul or repeal an order under the provisions of this code shall, within thirty (30) days from the date of service of the order upon him, submit a written request to the Housing Board of Appeals for a review of said decision or order.

B The Board of Appeals shall fix a time for the hearing of an application and shall require that due notice be given of the time and place of such hearing to the applicant and the local agency or officer involved and such interested persons as may be concerned.

C The Board of Housing Appeals, in hearings conducted under this section, shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure. All applications for review shall be decided promptly. In every case, the Board shall render a decision in writing, and a copy thereof shall be sent to the party or parties involved and any local department affected thereby. The Board shall maintain a written record of all proceedings before it.

ARTICLE XV, Compliance

§ 143-97. Responsibilities of owners

A Owners of premises shall be responsible for compliance with the housing standards and shall remain responsible therefore regardless of the fact that this chapter may also place certain responsibilities on operators and occupants and regardless of any agreements between owners and operators or occupants as to which party shall assume such responsibility.

B Owners of premises shall be responsible for proper maintenance, condition and operation of service facilities and for furnishing adequate heat and hot water supply in multiple dwellings.

§ 143-98. Responsibilities of lodging house operators

A Lodging house operators shall be responsible for compliance with the housing standards in regard to the following:

(1) Limiting occupancy to the maximum permitted by the housing standards.

(2) Maintenance of safe and sanitary conditions in all parts of lodging house premises.

(3) Maintenance and operation of all required service facilities.

(4) Maintenance of all plumbing, cooking and refrigeration fixtures and appliances within their control, as well as other building equipment and facilities, in an operative, clean and sanitary condition.

(5) Sanitary maintenance of walls, floors and ceilings.

(6) Keeping exits clear and unencumbered.

(7) Disposal of building garbage and refuse in a clean and sanitary manner.

(8) Extermination of insects, rodents or other pests on the premises.

(9) Hanging and removing required screens.

B Provisions shall be made in rooming and lodging dwelling units for the weekly changing of bed linens, minimum, and with changes of occupancy.

§ 143-99. Responsibilities of occupants

Occupants of dwelling units shall be responsible for compliance with the housing standards in regard to the following:

A Limiting occupancy of that part of the premises which they occupy or control to the maximum permitted by the housing standards.

B Maintenance of that part of the premises which they occupy or control in a clean, sanitary and safe condition.

C Maintenance of all plumbing, cooking and refrigeration fixtures and appliances, as well as other building equipment and storage facilities, in that part of the premises which they occupy or control in a clean and sanitary condition and providing reasonable care in the operation and use thereof.

D Keeping exits from their dwelling units clear and unencumbered.

E Disposal of garbage and refuse into provided facilities in a clean and sanitary manner.

F Extermination of insects, rodents or other pests within their dwelling unit if their unit is the only one infested in the premises.

G Hanging and removing required screens.

Keeping their domestic animals and pets in an appropriate manner and under control.