Mamakating, N.Y., Code of Ordinances ch. 147 (eCode360 ed. 2026) § 147-2

Definitions

In Force
Verified 11/9/2026 · Next check 2/7/2027
MamakatingHabitability & Repair

Operative Text

Mamakating, N.Y., Code of Ordinances ch. 147 (eCode360 ed. 2026) § 147-2
For the purpose of this chapter, the following terms shall have the meanings ascribed to them. When not inconsistent with the context, the present tense shall include the future and words used in the plural shall include the singular and vice-versa. DETERIORATION The condition or appearance of a building, structure, vehicle, machinery, equipment or other materials characterized by holes, breaks, rot, crumbling, peeling, rusting or other evidence of physical decay or neglect, excessive use or lack of maintenance. EXPOSED TO PUBLIC VIEW Any premises or open space or any part thereof or any building or structure that may be lawfully viewed by any member of the public from a sidewalk, street, alleyway, public lands or from any adjoining or neighboring premises. EXTERIOR PROPERTY AREA Those portions of a building that are exposed to public view and the open space of any premises outside of any building erected thereon. GOOD WORKING CONDITION Fully operational for the use intended. GOOD WORKING REPAIR A standard of maintenance that renders a building or structure safe, habitable and possessed of a neat and orderly appearance. INFESTATION The excessive presence of insects, rodents, vermin or other pests. NUISANCE A. Any public or private condition that would constitute a nuisance according to the statutes, laws or regulations of the State of New York, its governmental agencies or the laws and regulations of the Town. B. Any physical condition existing in or on the exterior of any premises which is potentially dangerous, detrimental or hazardous to the life, health or safety of persons on, near or passing within the proximity of premises where said condition exists. C. Any waste material or any other matter attractive to vermin, likely to breed disease or which presents a fire hazard, creates offensive odors or otherwise is prejudicial to good health or is so unsightly of appearance as to be offensive to surrounding properties. OCCUPANT Any person residing, living or sleeping in or on the premises or having possession, use or occupancy of a building or premises or any person or entity in possession of or using any premises or part thereof, whether or not the owner thereof and regardless of the duration of time of such possession, use or occupancy. OWNER Includes any person or entity having any title or interest in or to real property in any form, whether legal or equitable and however acquired. PERSON Includes an individual, a partnership, a joint venture, a corporation, an association, a club and any other organization or group and includes the owner and occupant of property and premises. PROPERTY or PREMISES A building, dwelling, structure, open space, grounds and/or land and anything erected on, growing on, placed on or affixed thereto. WASTE Materials or substances discharged, discarded or rejected as being spent, useless, worthless or in excess by the owner at the time of such discard or rejection. Such waste shall include but is not limited to garbage, sludge, rubbish, ashes, incinerator residue, street cleanings, dead animals, refuse, abandoned vehicles, deteriorated machinery or equipment, agricultural waste, industrial waste, commercial waste and construction and demolition debris. WORKMANLIKE MANNER Work performed in a skillful manner or in a manner characteristic of a skilled workman.
Source: Legislative text reproduced verbatim
Plain English

Section 147-2 of Mamakating, N.Y., Code of Ordinances Chapter 147 establishes the foundational vocabulary used throughout the chapter's property maintenance rules. Terms such as 'deterioration,' 'nuisance,' 'infestation,' and 'good working repair' are given specific meanings that apply whenever those words appear in the chapter. By fixing these definitions, the provision ensures that property conditions—whether visible from a public street or occurring within a structure—are evaluated against consistent, shared standards. The definitions cover a broad range of parties, including owners, occupants, and any person with an interest in a property.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 9, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under Chapter 147 should familiarize themselves with the defined terms in § 147-2, since those definitions govern how compliance is assessed throughout the chapter. Standards like 'good working repair'—requiring a building to be safe, habitable, and of neat and orderly appearance—and 'workmanlike manner' set the baseline for maintenance obligations. Because 'owner' is defined broadly to include anyone with a legal or equitable interest in real property, responsibility for meeting these standards can extend beyond the party whose name appears on a deed. Keeping exterior property areas free of deterioration, waste, and infestation aligns with the conditions these definitions are designed to address.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants living in Mamakating should be aware that § 147-2 defines 'occupant' broadly to include anyone residing in or using a premises, which means the chapter's protections and obligations can apply to them as well as to owners. Definitions such as 'nuisance' and 'infestation' describe conditions that the chapter treats as potentially actionable, and understanding these terms can help tenants recognize when a property condition may fall within the chapter's scope. If a tenant believes a property condition meets the chapter's definition of deterioration, nuisance, or infestation, general enforcement paths may include contacting the Town of Mamakating's code enforcement office or consulting a tenant-rights organization familiar with New York municipal codes.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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References Out

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References In

Rules and statutes that cite this regulation

Mamakating Code § 147-6
Mamakating Code § 147-11
Mamakating Code § 147-12

Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections

Source Information

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Fetched:Nov 9, 2026, 09:26 PM UTC