A.
For purposes of the Rental Permit Law, the Code Enforcement Office
shall cause inspections to be made at intervals as follows:
(1)
If requested in writing by the owner or owner's agent of a rental building(s) or structure(s) pursuant to § 102-11C of this chapter, then prior to issuance of a permit or renewal of a permit pursuant to this chapter;
(2)
Upon receipt of a registered complaint;
(3)
At the discretion of the Code Enforcement Office at an interval of
less than three years for a property(s) where there are persistent
or consistent violations of this chapter or other laws, rules and
regulations of the City of Cortland, County of Cortland or the State
of New York; or
(4)
Otherwise in accordance with law [or alternative: not to exceed every
three years].
B.
The inspection by the Code Enforcement Office shall determine the
condition of rental buildings and structures, rooming houses, rooming
units, similar dwellings and accessory structures located within the
City of Cortland, and the Code Enforcement Office may issue notices
as provided for in this chapter.
C.
The Code Enforcement Officer or their designees are authorized to
enter common areas at reasonable times for the purposes of conducting
a visual inspection. If entry is refused or not obtained, the Code
Official is authorized to pursue entry to the fullest extent authorized
by law.
A.
In addition to the requirements of § 102-10, violations of the following shall be deemed violations of the Rental Housing Law:
(1)
It shall be unlawful and a violation of this chapter for any owner
of a rental building or structure to lease, let, rent or permit the
occupancy and use as a rental building or structure without first
having obtained a rental permit as provided herein.
(2)
It shall be unlawful and a violation of this chapter for any owner
of a rental building or structure to provide materially false, misleading,
or inaccurate information on any form submitted pursuant to this chapter.
(3)
No person shall disable a carbon monoxide or smoke detection device in violation of § 102-27 of this chapter.
(4)
No owner shall, following reasonable notice and an adequate opportunity
to correct the same, fail to correct a serious fire hazard or electrical
violation or fail to provide heat for a residential building or structure
in accordance with legal requirements.
B.
It shall be the responsibility of the owner to install working single-station
smoke detectors and carbon monoxide detectors within their respective
dwelling units, and it shall be the responsibility of the tenant to
ensure that the smoke detectors and carbon monoxide detectors remain
in working order throughout the lease term. In the event that a smoke
detector or carbon monoxide detector becomes inoperable, the tenant
shall inform the owner, and the owner shall immediately replace the
inoperable smoke detector or carbon monoxide detector.
A.
The following findings, upon substantial evidence and which shall be made in accordance with § 102-13 of this chapter, shall be grounds for revocation or nonrenewal of a rental permit for the particular rental building or structure at issue:
(2)
The premises are a public nuisance as defined by § 194-9 of the City of Cortland Code, being the same definition and section as provided for in Local Law No. 10 of 2014 passed December 2, 2014.
[Amended 12-2-2014 by L.L. No. 9-2014]
(3)
Three or more violations of this chapter have occurred either at
a particular rental building or structure within a twelve-month period,
and the owner failed to correct such violations within the time period
given by notice and/or has been required to appear before a court
of competent jurisdiction for such failure(s), and the owner was found
by the Code Enforcement Office, court, or Zoning Board of Appeals,
where applicable, to have failed to correct the violations without
good cause;
(4)
The owner, owner's agent, or anyone providing information on owner's
behalf hereunder, provided materially false, misleading, or inaccurate
information on any form submitted pursuant to this chapter; or
(5)
Unpaid fees imposed by the provisions of this chapter.
B.
Before a rental permit may be revoked or issuance or renewal denied, except in cases of emergencies, a notice of the violation(s) shall be sent pursuant to § 102-13, and the permittee or aggrieved person shall be entitled to a hearing before the Zoning Board of Appeals, which shall have appellate jurisdiction with regard to findings of fact upon which the Code Enforcement Officer has issued their decision. Written notice of the hearing shall be mailed to the permittee or served upon the aggrieved person no less than seven days in advance and shall apprise the recipient of the proceedings and potential consequences and the aggrieved person's right to be heard. At the hearing, the aggrieved person shall be entitled to be again apprised of the claims against them, must be given an opportunity to be heard in explanation or rebuttal, and shall have the right to confront witnesses. Determinations of the Zoning Board must be based upon substantial evidence and must incorporate the factual findings in the record as the basis for its determination. Prior convictions of offenses under this chapter from a court of competent jurisdiction shall be conclusive evidence of the violation(s) upon which such conviction was based. The Zoning Board, for good cause shown, may stay the enforcement of any revocation for such period as it deems appropriate. Persons seeking relief from applicable provisions of the New York State Uniform Fire Prevention and Building Code may file a petition with the New York State Department of State Codes Division Board of Review for variance and/or an appeal of the Code Official's determination.
