[HISTORY: Adopted by the Board of Trustees of the Village
of Williamsville as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-22-2013 by L.L. No. 2-2013]
The purpose of this article is to establish a registry of all
rental property as herein defined in the Village of Williamsville
thereby enabling the identification of those responsible for the care
and management of such property and ensuring the enforcement of state,
federal and local laws and regulations.
For the purpose of this article, the following words shall have
the following meanings:
As defined in § 112-2 (Zoning) of this Code.
The date that this article is filed with the Secretary of
State.
Any natural person or persons, partnership or corporation,
limited liability company, or any similar type of business association
or proprietary interest, whether for profit or otherwise, in whose
name title to a building is vested.
Any building containing one or more residential dwelling units (as defined in § 112-2 of this Code) or a mixed commercial/residential use which is either rented, leased, let or hired out, at least in part, for residential purposes.
A.
Every owner of rental property shall register such property with
the Building Department by completing a form, known as a "landlord
registration statement," with respect to each rental property owned.
With respect to rental property existing as of the effective date,
such landlord registration statement shall be filed within 60 days
of the effective date. For any property that is constructed, converted
to or otherwise proposed for use as a rental property after the effective
date, such landlord registration statement shall be filed before such
use as a rental property is commenced.
B.
Every owner of a rental property shall immediately notify the Building
Department whenever the information provided in a landlord registration
statement that is on file is no longer accurate.
C.
A new landlord registration statement shall be filed whenever there
is a change of ownership of the rental property. It is the responsibility
of the new owner to file such statement within 30 days of the closing
of title. If the building is no longer to be used for rental property,
the new owner shall notify the Building Department accordingly.
D.
Any rental property owner who does not file the landlord registration
statement within the time periods defined above shall be subject to
a late fee of $100.
A.
The form for the landlord registration statement shall require the
following information:
(1)
The property address, the section, block and lot number as stated
on the Tax Map of the County of Erie.
(2)
The number of residential dwelling units in the building.
(3)
The name, address and telephone number(s) of the owner.
(4)
The e-mail address and cell phone number of the owner.
(5)
If the owner is a corporation, limited liability company, partnership
or other similar business entity, the name, address (post office box
is not acceptable) and telephone number(s) of a person who shall be
authorized to accept notices and legal process on its behalf.
(6)
If the owner does not occupy the rental property, the name, address
(post office box address is not acceptable) and telephone number(s)
of a responsible person or managing agent of the age of 21 years or
older, actually residing or doing business in Erie County, who is
responsible for the care and management of such property and is authorized
by said owner to accept notices and legal process on behalf of the
owner.
B.
The landlord registration statement shall be signed by the owner
and witnessed by a notary public and shall contain the following declaration:
"I certify that all information contained in this statement is true
and correct to the best of my knowledge and belief. I understand that
the willful making of any false statement of material fact herein
will subject me to the provision of law relevant to the making and
filing of false instruments and shall constitute a violation of this
article."
A.
No rental property shall be occupied by anyone without compliance
with the provisions of this article, and the owner's failure
to comply shall constitute a violation of a certificate of occupancy.
B.
Any person committing an offense against any provision of this article
shall also constitute a violation of this article and be punishable
by criminal fine or subject to civil penalty in an amount not less
than $250 nor greater than $1,000. Each day's violation shall
constitute a separate and distinct offense.
