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Property Management Services Serving owners, tenants and neighborhoods in the greater Syracuse area.
Syracuse, New York, Code of Ordinances
REVISED GENERAL ORDINANCES PROPERTY CONSERVATION CODE OF THE CITY OF SYRACUSE Article 1. General Provisions, §§ 27-1-27-10
ARTICLE I. - GENERAL PROVISIONS Sec. 27-1. - Title.
Sec. 27-1. - Title This chapter shall be known as the "Property Conservation Code of the city of Syracuse, New York." Sec. 27-2.Purpose. The city of Syracuse has numerous residential, commercial and industrial buildings which are substantially sound and habitable structures providing decent housing and commercial resources for residents and businesses in the city. The city also has vacant areas and lots. Their condition and maintenance are vital to the protection and enhancement of the well-being of residents and businesses in adjacent residential neighborhoods and commercial and industrial areas. In order to conserve these valuable property resources, to enhance the residential neighborhoods and to protect the safety, health and welfare of the persons who live, work and recreate in the city, the provisions of this code are established, to provide basic and uniform standards, in terms of performance objectives implemented by specific requirements governing the condition, occupancy and maintenance of all premises and the responsibilities of every person concerned therewith. Sec. 27-3. - Scope. This code shall apply to all residential, nonresidential and mixed use premises within the city of Syracuse, including all buildings and structures erected thereon. Sec. 27-4. - Interpretations, procedural rules and forms. The director shall, consistent with the express standards, purposes and intent of this code and subject to the review of the commissioner, promulgate, adopt and issue such interpretations, procedural rules, and forms, and amendments thereto, as are in the director's opinion necessary to effective administration and enforcement of the provisions of this code. These interpretations, rules and forms shall be available to the public at the office of the director. Sec. 27-5. - Application and availability of remedies. (a) The provisions of this code shall supplement federal, state and 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 provision or requirement which is the more restrictive or which establishes the highest standard shall prevail. A greater penalty shall not be considered as more restrictive or a higher standard. Sec. 27-6.- Reference to New York State Uniform Fire Prevention and Building Code and other laws. Installations, alterations and repairs to buildings and structures, and materials, assemblies and equipment utilized in connection therewith, shall be reasonably safe to persons and property, and in conformity with the applicable law of the State of New York and the city of Syracuse, and orders, rules and regulations issued by authority thereof. Conformity of such work, materials assemblies or equipment with the applicable requirements of the New York State Uniform Fire Prevention and Building Code or the building code of the city of Syracuse, or generally accepted standards incorporated by reference in either code, shall be prima facie evidence that the same is reasonably safe to person and property. Sec. 27-7.- Partial invalidity. If an article, part, provision, section, subsection or paragraph or term of this code shall be held unconstitutional, invalid or ineffective, in whole or in part, such determination shall not be deemed to invalidate the remaining article, parts, provisions, sections, subsections, paragraphs or terms. Sec. 27-8.- Workmanship. All alterations, repairs and installations which are caused to be performed either directly or indirectly by the enforcement of this code shall be done in a workmanlike manner. Sec. 27-9.- Approval. (a) The director is authorized to vary or modify provision(s) of this code upon application of the owner or the owner's representative, provided the intent of such provision(s) shall be maintained and the health and safety of the public assured.(1) All such applications for variances or modifications and the decisions of the director shall be in writing. Sec. 27-10. - Definitions. As used in this code, the following terms shall have the meanings indicated: Accessory structures and uses. A structure or use which: (1) Is incidental to and serves a principal building or a principal use; Apartment or suite. A room or suite of two (2) or more rooms, one (1) of which is a bathroom, used solely as a residence in a building not used as a hotel, rooming or boarding house, or for other transient occupancy. Approved. Approved by the director of code enforcement or approved by an authority designated by law or this code. Approved material and construction. Approved by generally accepted standards or the director of code enforcement under the provisions of this code or the building code of the city of Syracuse, or approved by any other authority so authorized by law. Assembly. Space within a building for public use, such as reception, ball, meeting, lecture and recreation rooms, banquet and dining rooms and their kitchens, and swimming pools. Balcony. A platform projecting from a building and enclosed by a railing. This shall include a porch or deck. Basement. That space of a building that is partly below grade, which has more than one-half (½) of its height, measured from floor to ceiling, above the average established finished grade of the ground adjoining the building. Bathroom. Enclosed space containing a minimum of one (1) water closet, one (1) lavatory and either one (1) bathtub or shower. See separate definition of "toilet room." Building. A structure wholly or partially enclosed within exterior walls, or within exterior or party walls, and a roof, affording shelter to persons, animals or property. Cellar. That space of a building that is partly or entirely below grade, which has more than one-half (½) of its height, measured from floor to ceiling, below the average established finished grade of the ground adjoining the building. Certificate of adequacy. Document issued as provided hereunder by the division of code enforcement certifying that as of a specified date an inspectionwas made of a one-family or two-family dwelling structure which was found to be in substantial compliance with the substantive standards set forth in section 27-16 of this code. Certificate of sufficiency. A document issued as provided hereunder by the division certifying that as of a specified date an inspection was made of a nonowner occupied dwelling which was found in compliance with the substantive standards set forth in section 27-113.2. Certificate of suitability. The certificate of suitability issued by the city's zoning administrator or planning commission pursuant to Part C, Section VIII of the city's zoning ordinance. Child or children. Any person ten (10) years of age or younger. Commissioner. The commissioner of the department of community development of the city of Syracuse. Conditional certificate of adequacy. Document issued as provided hereunder by the division of code enforcement certifying that as of a specified date an inspection was made of a one-family or two-family dwelling structure which was found to be in violation of the substantive standards set forth in section 27-16 of this code and enumerating the conditions which must be met to bring the premises into substantial compliance therewith. Certificate of compliance. Document issued as provided hereunder by the division of code enforcement certifying that as of a specified date an inspection was made of a multiple dwelling or a building of mixed occupancy which includes residential occupancy which was found to be in substantial compliance with this code and other applicable laws and regulations. Conditional certificate of compliance. Document issued as provided hereunder by the division of code enforcement certifying that as of specified date an inspection was made of a multiple dwelling structure which was found to be in violation of this code and/or other applicable laws and regulations, and enumerating the conditions which must be met to bring the premises into substantial compliance therewith. Court, inner. An open, uncovered, unoccupied space surrounded on all sides by the exterior walls of a building or structure or by such walls and an interior lot line of the same premises. Court, outer. An open, uncovered, unoccupied space which has at least one (1) side opening on a legal open space. Department. The department of community development of the city of Syracuse. Director. The director of the division of code enforcement of the department of community development of the city of Syracuse. Division. The division of code enforcement of the department of community development of the city of Syracuse. Dwelling. Any building or part thereof, used and occupied for human habitation, or intended to be so used, and includes any appurtenances belonging thereto. Dwelling, one-family. A building containing not more than one (1) dwelling unit occupied exclusively for residential purposes. Dwelling, two-family. A building containing two (2) dwelling units occupied exclusively for residential purposes. Dwelling unit. Any room or grouping of rooms located within a dwelling forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, eating and sanitation by one (1) family. Equitable owner. The person who is recognized in equity, as the result of a lease, contract or other formal written agreement, as the owner of the property even though bare legal title to the property is in someone else. Exit. A way of departure on foot from the interior of a building or structure to the exterior at street or grade level accessible to a street, consisting of: (1) Corridors, stairways and lobbies enclosed in construction having a fire resistance rating, including the door openings thereto from a habitable, assembly or occupied space; Extermination. Control and elimination 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 any other approved means of pest elimination. Family: (1) A householder plus one (1) or more persons related by blood, marriage or adoption living together in a family-like arrangement as a single, not-for-profit housekeeping unit sharing one (1) common kitchen facility; or Floor area. The horizontal areas of a building which are enclosed by the exterior walls of the building. Garbage. The animal, vegetable and mineral waste resulting from handling, preparation, cooking and consumption of food. Generally accepted standard. A specification, code rule, guide or procedure in the field of construction or related thereto, recognized and accepted as authoritative. Grade, finished. Natural surface of the ground, or surface of ground after completion of any change in contour, abutting a building or premises. Graffiti. Any etching, painting, covering up, drawing upon or other mark upon public or private property so as to deface said property. Habitable space. Any room or enclosed space used or intended to be used for sleeping, living, cooking or dining purposes, excluding, however, restaurants for employees and occupants, kitchens serving them, kitchenettes, and other enclosed spaces such as utility rooms, closets, pantries, baths or toilet rooms, hallways, cellars, storage spaces, garages and similar spaces. Hotel. A building used for the housing of the transient public in single rooms or suites of rooms. Also provided with dining rooms, kitchens, serving rooms, ballrooms and other facilities for the accommodation of the public. Infestation. The presence of insects, rodents, vermin, birds or other pests. Installation of balcony guards. Proper installation and maintenance of balcony guards in a manner approved by the director. Kitchen. A space used for cooking or preparation of food containing sixty (60) or more square feet of gross floor area. Kitchenette. A space used for cooking or preparation of food containing less than sixty (60) square feet of gross floor area. Lodging house. A multiple dwelling used primarily for the purpose of furnishing lodging, with or without meals, to transient occupants, for compensation. Lodging unit. A room or group of rooms forming a single habitable unit, or intended to be used for lodging. Lot. An area contained within lot lines shown on a properly recorded subdivision map or similar document approved pursuant to the zoning rules and regulations of the city of Syracuse or described in a deed recorded prior to March 19, 1962, or approved as a lot by any applicable regulation. Areas shown on maps or described in deeds which are contiguous shall be deemed separate lots unless otherwise specified as one (1) lot in said instrument. Mixed occupancy. Occupancy of a building in part for residential use and in part for some other use not accessory thereto. Motel. A multiple dwelling not over two (2) stories in height, intended primarily for motorists, in which the exit from each dwelling unit or sleeping room is directly to the exterior. Multiple dwelling. A dwelling which is designed or intended to be occupied, or is occupied, as a temporary or permanent residence or home of three (3) or more families living independently of each other, including but not limited to the following: a tenement, flat house, maisonette apartment, apartment house, apartment hotel, tourist house, bachelor apartment, studio apartment, duplex apartment, kitchenette apartment, hotel, lodging house, rooming house, boarding-house, boarding and nursery school, furnished-room house, club-sorority house, fraternity house, college and school dormitory, convalescent, old-age or nursing home or residence. It shall also include a dwelling two (2) or more stories in height and with five (5) or more boarders, roomers or lodgers residing with any one (1) family. Nonowner occupied dwelling. Any dwelling that is not occupied by the owner of the dwelling. Occupied space. Space within a building wherein persons normally work or remain for a period of time. Owner. The term "owner" shall mean and include the owner or owners of the freehold of the premises or lesser estate therein, and who appears as the owner of record with the Onondaga County clerk's office at the time a notice, order or other document is issued by the division. Parking garage. A building or structure, or part thereof, in which a structural level, other than a slab on grade, is used for parking, storage, or maintenance of motor vehicles. Person. An owner, occupant, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, operator or any other person, firm or corporation directly or indirectly in control of a building, structure, premises or part thereof and is deemed to include all of the offices and directors, if such person be a corporation. Plumbing system. The water supply system, the drainage system, the vent system, fixtures and traps, including their various connections, devices and appurtenances within the property lines of the premises. Potable water. Water which is approved for drinking, culinary and domestic purposes. Premises. A lot, plot or parcel of land including the building or structures thereon. Public space. Space within a building for public use, such as lobbies, lounges, reception, ball, meeting, lecture and recreation rooms, banquet and dining rooms and their kitchens, and swimming pools. Refuse. All cardboard, plastic, metal or glass food containers, wastepaper, rags, sweeping, small pieces of wood, excelsior, rubber, leather, ashes and similar waste material that ordinarily accumulates around a home, business or industry. Rooming house. A dwelling other than a hotel, fraternity, sorority, dormitory or chapter house, where lodging and/or meals for three (3) or more roomers or boarders or guests are served for compensation. Rooming unit. Any habitable room or group of rooms with not more than (2) habitable rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes, for not more than two (2) persons. Rubbish. All combustible and non-combustible waste, except garbage. Screened. An assembly of approved materials installed in an approved manner designed to deter illegal entry and to permit the flow of a required volume of air. As applied to parking garages, the area screened shall include access gates of a size and in a location to be approved by the fire department. Secure. To render inaccessible to unauthorized entry by closing, bolting, repairing, boarding or otherwise fastening all doors, windows and other openings through which unauthorized entry may be gained. (see section 27-73(d) for board up standards) Senior citizen. Senior citizen shall mean a person who is sixty-two (62) years of age or older. Sewage. Liquid waste containing human, animal or vegetable matter in suspension or solution, and which may include industrial wastes and liquids containing chemicals. Structure. An assembly of materials, forming a construction framed of component structural parts for occupancy or use, including buildings, paving and surfacing of the ground. Studio unit. A living unit containing one (1) habitable room with provisions for living, cooking, eating and sleeping facilities arranged for the use of one (1) family. See definition of "dwelling unit." Substantial renovation/modeling. When the cost of such renovation or remodeling made within any six-month period exceeds fifty (50) percent of the cost of replacement of the building at the beginning of that six-month period; or, whenever more than fifty (50) percent of any building system, measured in units appropriate to that system, is replaced within any twelve-month period. Tenant. Lessee or other occupant regularly residing within a dwelling unit, regardless of whether said occupant is a party to a lease agreement. Toilet room. Enclosed space containing a minimum of one (1) water closet and one (1) lavatory. It may also contain additional plumbing fixtures serving similar purposes. See definition of "bathroom." Unoccupied hazard. Any building or structure or a substantial part thereof which remains unoccupied for a period of more than one (1) year with either doors, windows or other openings broken, removed, boarded or sealed up. Vacant building. A building which is not occupied, used or lived in. Vacant lot. A lot, other than park lands, which is not improved by a structure and is not regularly maintained. Ventilation. Supply and removal of air to and from a space by a natural or mechanical means. Ventilation, mechanical. Ventilation by power-driven devices. Ventilation, natural. Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks, with or without wind driven devices. Weeds. All grasses, annual plants and vegetation, other than trees or shrubs provided, however, this term shall not include cultivated flowers and gardens. Workmanlike. Performed in a skilled manner in accordance with generally accepted standards, generally, plumb, level, square, in line, undamaged, and without marring adjacent work. Yard. An open space on the same lot which contains a building, and located between the building line and the lot line which the particular building line faces.
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