[HISTORY: Adopted by the Board of Trustees
of the Village of Delhi 7-6-1987 by L.L. No. 5-1987 (Ch. 24A of the 1979
Code). Amendments noted where applicable.]
The following terms in this chapter are defined
as follows:
Not more than four unrelated persons living together or any
number of individuals related by blood, marriage or adoption living
together as a single housekeeping unit, using rooms and housekeeping
facilities in common and having such meals as they may eat at home
generally prepared and eaten together.
Includes a dwelling which is either rented, leased, let or
hired out to be occupied or is occupied as the temporary or permanent
residence or home of three or more families living independently of
each other.
The owner or owners of a freehold of the premises or lesser
estate therein, a mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee, agent or any other person, firm
or corporation directly or indirectly in control of a dwelling.
The Village Clerk of the Village of Delhi.
The owner of any building defined herein as
a multiple dwelling shall post and maintain in a conspicuous place
in such dwelling a legible notice identifying the owner and managing
agent of such dwelling, together with the residence and business addresses
and telephone numbers of the owner and managing agent. Where the owner
is a corporation, the sign shall contain the names, addresses and
telephone numbers of the officers thereof, together with the residence
and business addresses and telephone numbers of the officers and of
the corporation.
A.
Every owner of a multiple dwelling as above defined
shall file with the Village Clerk, within 60 days after the adoption
of this chapter, a written registration statement on forms to be supplied
by the Village Clerk, containing the following information.
(1)
A description of the premises by street number or
block and lot number.
(2)
The name and residence and business address of such
owner, together with his residence and business telephone number or,
if such owner is a corporation, the name and address of such corporation
and the name and residence and business address of all officers thereof,
together with the residence and business telephone numbers of the
corporation and all officers.
(3)
Designation of managing agent.
(a)
The name, residence, business address and residence
and business telephone number of a natural person, 21 years of age
or over, who actually resides within the Village of Delhi and who
shall be designated by such owner as a managing agent in control of
and responsible for the maintenance and operation of such dwelling,
and who shall be designated as the person upon whom process may be
served on behalf of the owner. The managing agent shall keep a current
record of all the tenants and their names and addresses, who are renting,
leasing or living on the premises. There shall be endorsed upon such
statement a written consent to such designation signed by such managing
agent. An owner who is a natural person and who meets the requirements
of this subsection as to the location of the residence or place of
transacting business of a managing agent may designate himself as
such managing agent.
(b)
Nothing contained in this section shall be construed
as preventing a corporation which is an owner of a multiple dwelling
from designating as its managing agent with respect thereto any officer
of such corporation who meets the requirements of this subsection
as to the location of the residence or place of transacting business
of a managing agent.
(c)
Any designation as managing agent made pursuant
to the provisions of this section shall remain in full force and effect
until changed or terminated as hereinafter provided.
(4)
Where, after the filing of any registration statement
in relation to any multiple dwelling under the applicable provisions
of this section, the owner of such dwelling shall have granted or
transferred his right, title or interest therein or in any part thereof,
such owner shall file with the Village Clerk, within 10 days after
such grant or transfer, a written statement which shall contain the
name and residence and business addresses of the grantee, transferee
or other successor of such right, title or interest, or if such grantee,
transferee or successor is a corporation, the name and address of
such corporation.
(5)
Where, after the filing of any registration statement
with the Village Clerk pursuant to the application provisions of this
section, any change, other than a designation of a different managing
agent or a change of ownership or interest, occurs in any name, residence
or business address or list of officers required to be included in
such statement, the owner, within 10 days after such change, shall
file, in duplicate, on forms to be furnished by the Village Clerk,
a statement setting forth the particulars of such change so as to
supply the information necessary to make currently correct the last
registration statement filed pursuant to the applicable provisions
of this section.
(6)
Any designation of a managing agent made pursuant
to the applicable provisions of this section shall cease to be effective
if such agent shall die or be judicially declared incompetent.
(7)
Any owner may terminate such designation by filing
with the Village Clerk a written designation of a new managing agent
made in conformity with the provisions hereinabove cited.
(8)
If any owner shall fail, on or before the effective
date of any notice of termination served and filed by a managing agent,
or written designation 15 days after any such agent shall die or be
judicially declared incompetent, to file with the Village Clerk a
designation of a new managing agent made in conformity with the provisions
herein, such owner shall be guilty of a violation of this section.
B.
Any registration statement or designation of a managing
agent required to be filed with the Village Clerk by any owner or
lessee of a multiple dwelling under the provisions of this section
shall be signed by such owner or lessee or, if such owner or lessee
is a corporation, by an officer thereof.
C.
Any such registration statement or designation of
a managing agent shall be deemed prima facie proof of the statements
therein contained in any criminal prosecution instituted by a Village
agency against the owner or managing agent of a multiple dwelling.
Any person who violates the provisions of this
chapter shall be guilty of a violation and, upon conviction thereof,
shall be subject to a fine of not more than $250 or imprisonment for
a period not to exceed 15 days, or both. Each week a violation continues
shall be deemed a separate offense.
