§ 174-16. Window guards., Chapter 174. Housing Standards, Part II. General Legislation, Code of Ordinances, New Rochelle

Installation and maintenance required. Every person who owns, manages or controls a multifamily dwelling as hereinafter defined ("dwelling") shall provide, install and maintain a window guard of a type acceptable to the Building Bureau of the City of New Rochelle on all windows in each apartment where a child or children 10 years of age or under resides and on all windows in the common public halls. It shall be the duty of each person required to provide, install and maintain a window guard to ascertain whether such children reside therein. Installation shall be made in accordance with specifications provided by the Building Bureau. This section shall not apply to windows that are a required means of egress from the dwelling.

[Amended 4-17-2007 by Ord. No. 80-2007]

Definitions. As used in this section, the following terms shall have the meanings indicated:

[Amended 10-18-1994 by Ord. No. 234-1994]

MULTIFAMILY DWELLING: A building or portion thereof containing three or more dwelling units.

STORY: That portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then it shall be the space between the floor and ceiling next above it. A cellar shall not be counted as a "story" in determining building height.

Obstruction and interference. No one shall obstruct or interfere with the installation of the window guards required by Subsection A, nor shall any person remove such window guards.

Installation and maintenance upon request or order.

(1)

Every person who owns, manages or controls a dwelling, as defined herein, is required to provide, install and maintain window guards when requested to, even when a child in the protected category does not reside in the subject apartment, within 30 days of a written request to do so.

(2)

Whenever a violation is found to exist, the Building Bureau may order any person required to provide, install and maintain window guards to do so. In the event that such order is not complied with within five days after service thereof, the Building Bureau may issue appearance tickets to enforce compliance with this section.

[Amended 4-17-2007 by Ord. No. 80-2007]

Notification to tenants.

[Amended 4-17-2007 by Ord. No. 80-2007]

(1)

All leases offered to tenants of a dwelling must contain a notice, conspicuously set forth therein, which advises them of their rights to have window guards installed in their apartments and that a copy of this section is contained in the office of the Building Official of the City of New Rochelle.

(2)

Every person required to provide, install and maintain window guards must cause to be delivered to each apartment within the dwelling a notice advising the occupants of their rights to have window guards installed in their apartments and that a copy of this section is contained in the office of the Building Official of the City of New Rochelle.

Rules and regulations. The Building Bureau shall promulgate such regulations as it deems necessary for there to be compliance with the provisions of this section.

[Amended 4-17-2007 by Ord. No. 80-2007]

Penalties.

(1)

Any offense against the provisions of this section shall be punishable as provided in § 174-15 of this chapter. Any person who neglects, refuses or fails to comply with any order or notice issued hereunder shall be guilty of an offense punishable by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or by both such fine and imprisonment. Each week's continued violation shall constitute a separate additional offense or violation.

[Amended 3-18-2003 by Ord. No. 63-2003]

(2)

Nothing in this section shall be construed as depriving the City of New Rochelle of any other remedy available to it in cases where there is a violation of this section.