Horseheads, N.Y., Code of Ordinances ch. 188 (eCode360 ed. 2026) § 188-5

Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms have the following meanings and shall be so construed wherever they appear in this chapter: AGENT A person designated by an owner to receive mailed notice or service of process on behalf of the owner. AGRICULTURAL WORKER HOUSING Any area of land and all buildings or other structures pertaining thereto, any part of which may be occupied by persons employed as laborers and farm activities in the Village or Town of Horseheads who are provided with sleeping facilities, in whole or in part, by the owner without a stipulated agreement as to the duration of their stay or whether or not they are supplied with meals, but who are supplied with such services or facilities as are necessary for agricultural production on the owner's property. APPROPRIATE AUTHORITY The Code Enforcement Officer. BEDROOM Any room or space used or intended to be used for sleeping purposes. CIVIL PENALTY A penalty levied by the Code Enforcement Officer against an existing permittee in accordance with this chapter. CODE ENFORCEMENT OFFICE The division or department within the Village charged with the duty to inspect dwelling units, rooming houses, rooming units, premises and structures for compliance with this chapter, and may also mean, as the context indicates, a member of that division or department. CODE ENFORCEMENT OFFICER The person designated by the Village Manager (Manager) to issue permits, the administrator of the Code Enforcement Office or his designee. Nothing herein shall be deemed to require the Village Manager to delegate permitting authority to the Code Enforcement Officer. The designated officer shall be the authorized representative for the enforcement of this chapter and for the administration of the division or department. CODE OFFICIAL Also referenced as the "Code Enforcement Officer," the person appointed by the Village Manager to issue permits; and the person charged with the administration and enforcement of this chapter or any duly authorized representative thereof. COMMUNITY SERVICE OFFICER or CSO The person designated by the Manager to assist the Code Enforcement Officer in the administration and enforcement of this chapter including, but not limited to, the inspection of rental units. DUPLEX A building containing two attached dwelling units under the same ownership. DWELLING UNIT A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. EXTERIOR PROPERTY The open space on the premises and on adjoining property under the control of owners or operators of such premises. FAMILY A. One of the following: (1) One, two, three or four persons occupying a dwelling unit; or (2) More than four persons occupying a dwelling unit and living together as a traditional family or the functional equivalent of a traditional family. B. It shall be presumptive evidence that more than four persons living in a single dwelling unit who are not related by blood, marriage or legal adoption do not constitute the functional equivalent of a traditional family. C. In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present: (1) The group is one which in theory, size, appearance, structure and function resembles a traditional family unit. (2) The occupants must share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family. (3) The group shares expenses for food, rent or ownership costs, utilities and other household expenses. (4) The group is permanent and stable. Evidence of such permanency and stability may include: (a) The presence of minor dependent children regularly residing in the household who are enrolled in local schools; (b) Members of the household have the same address for purposes of voter's registration, driver's license, motor vehicle registration and filing of taxes; (c) Members of the household are employed in the area; (d) The household has been living together as a unit for a year or more whether in the current dwelling unit or other dwelling units; (e) There is common ownership of furniture and appliances among the members of the household; and (f) The group is not transient or temporary in nature. (5) Any other factor reasonably related to whether or not the group is the functional equivalent of a family. HABITABLE SPACE Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility space and similar areas are not considered habitable spaces. MANAGER or VILLAGE MANAGER The Village Manager of the Village of Horseheads. MULTIPLE DWELLING Any dwelling containing more than two dwelling units or rooming units. OWNER The record title holder or contract purchaser, property manager, tenant under a recorded lease or any executor, administrator, trustee, conservator or other fiduciary, mortgagee or lien holder thereof; an agent for the receipt of notice, legal process or other service or any individual acting in a fiduciary capacity for the record title holder or contract purchaser. PERMITTEE An owner who has been issued a rental permit within the preceding 36 months. PERSON Any natural person and any entity that is recognized by law as having the rights and obligations of a natural person. PROPERTY MANAGER The person or firm charged with operating rental buildings and structures by the owner thereof. RECORD TITLE HOLDER Any person holding title of record by deed, contract of sale, or judicial determination. RENTAL AGREEMENT A written or oral agreement embodying and fixing the terms and conditions for the transfer of possession and the use and occupancy of premises, whether or not for a definite period of time. RENTAL BUILDINGS AND STRUCTURES A. Dwelling units, duplex, rooming houses, rooming units, or multiple dwellings which are occupied by one or more persons, none of whom is a record title holder; or B. Dwelling units, duplex, rooming houses, rooming units or multiple dwellings which are used for residential purposes under the terms of a rental agreement. ROOMING HOUSE A building offered or occupied for lodging, with or without meals, and not occupied as a one- or two-family dwelling. ROOMING UNIT Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. STATE New York State. TENANT A person, corporation, partnership or group, not the legal owner of record, occupying a building or portion thereof as a unit. VILLAGE The Village of Horseheads.