City of Cohoes, NY
Albany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Cohoes as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Peddlers, solicitors and vendors — See Ch. 198.
Secondhand dealers — See Ch. 222.
[Adopted 5-8-2007 by Ord. No. 8-2007; amended in its entirety 3-28-2017 by L.L. No. 4-2017]

§ 128-1 Purpose.

The purpose of this article is to establish a registry of businesses operating within the City of Cohoes for the general information of the public and for the promotion of the City. The registry will also assist the City with information to provide more adequate police and fire protection; more equitable real property taxation; better efficiency and economy in furnishing public utility services within the City; and more comprehensive and informed planning for uses of land and structures within the City.

§ 128-2 Registration of business required.

No person, partnership, firm, company, corporation, organization, or entity shall enter into or begin or continue a business, defined herein as any trade, occupation, profession, service, work, commerce, or other activity owned or operated for profit by any entity within the City, without first registering with the City Clerk on a form provided by the Clerk. Not-for-profit, political, charitable, or religious organizations or establishments are encouraged to participate in the registry, but will not be subject to violations or penalties for their failure to do so.
A. 
There shall be a business registry. It shall be the responsibility of all property owners renting to or operating a business within the City to register as such with the Code Enforcement Department. The Director of Code Enforcement shall promulgate regulations and procedures to effectuate said registry and make same available to the public.
B. 
Every owner of a business or commercial rental property not residing within a fifteen-mile radius of Cohoes City Hall shall appoint an agent for service and register said agent with the Department of Code Enforcement on a form developed by the Director of Code Enforcement. The agent must reside or have a permanent place of business within a fifteen-mile radius of Cohoes City Hall. The agent shall endeavor to be available to City of Cohoes officials and personnel by telephone and able to respond in person to the rental property address in cases of emergency or natural disaster. Service of an appearance ticket as defined in the New York State Criminal Procedure Law upon said agent for service shall constitute good and sufficient service on the property owner.
C. 
Every owner of commercial rental property not residing within a fifteen-mile radius of Cohoes City Hall convicted of two or more violations of any provision of Chapters 152, 215 or 239 of the Cohoes City Code within three years shall be required to hire a professional property manager who shall maintain a permanent place of business within a fifteen-mile radius of Cohoes City Hall.
D. 
No operating permit shall be issued to any landlord not in full compliance with this § 128-2.

§ 128-3 Copy of registration form sent to certain officials; registry created.

The City Clerk shall send a copy of the registration form to the Fire Chief, the Police Chief, the Code Enforcement Director, the Assessor, and the Community and Economic Development Director upon receipt. The Community and Economic Development Director shall organize the received forms and information into a business registry which shall be available for public inspection and use.

§ 128-4 Reporting change in information recorded.

Any change in the information recorded on the registration form, including discontinuance of the business, must be reported to the City Clerk, in writing, or by amending an existing form or submitting a new form, within 72 hours of the change taking effect.

§ 128-5 Registration not indication of approval.

Registration as a new or existing business with the City Clerk shall in no way be construed to indicate that the business has obtained all necessary approvals, permits, or licenses from any governmental agency or department.

§ 128-5.1 Business inspection.

A. 
All new businesses must request a business inspection from the Code Enforcement Office prior to opening business to the public or occupying the space. All work must comply with Cohoes Zoning Code,[1] NYS Uniform Code and all regulating agencies, including but not limited to the County Health Department, State Liquor Authority or any regulating body(-ies).
[1]
Editor's Note: See Ch. 285, Zoning.
B. 
Every year thereafter the business owner shall schedule an annual business inspection and make available the space for inspection by a Code Enforcement Officer.

§ 128-5.2 Operating permit.

All businesses shall apply for and receive an operating permit, based on successful registration and business inspection. Operating permits shall require annual renewal after the aforementioned annual business inspection.
A. 
Except as otherwise provided herein, it shall be unlawful and a violation of this chapter to rent, lease, or otherwise allow the occupancy of any business without the inspection and certification as required herein. It shall be the duty of the Code Enforcement Department or its duly appointed agents to inspect a business whenever the same becomes vacant and prior to its being reoccupied, upon the written request of the owner or managing agent, in response to a complaint or for the purposes of determining whether or not the business complies with both the provisions of this chapter and the NYS Uniform Code.
B. 
If, upon inspection, said business does not comply with all applicable provisions of this code or the Uniform Code, the specific reasons for noncompliance shall be specified in writing, and a time limit not to exceed 30 days shall be directed for the correction of, or substantial effort to correct, the deficiencies noted. The notice of noncompliance shall be delivered personally or by mail within seven days to the owner, agent or person in charge at the address set forth in the business registry and to any occupant who so requests. A business or proposed business shall have the right to inspect the residential occupancy permit of the residential rental dwelling unit, apartment, or multiple residence in which they have an interest at no cost.
C. 
On or after January 1, 2002, the Code Enforcement Department shall have the right to inspect all or any part of the business, including any office or storage, or entire building, as required herein or upon complaint, except that the owner, agent, or person in charge thereof shall have the right to insist upon the procurement of a search warrant from a court of competent jurisdiction by the Director of the Department, or his or her designee, in order to enable such inspection. The officials charged with conducting the inspection pursuant to this article shall be required to obtain a search warrant whenever an owner, agent, or person in charge refuses to permit a warrantless inspection of the premises.
D. 
The officials charged with conducting the inspection shall make such inspection, access and circumstances permitting, within five business days of receipt of a request from the owner, agent, or occupant.
E. 
An owner or agent may file with the Department a request for such inspection and the issuance of an operating permit by regular mail or in person at the office of the Director of the Department.
F. 
Nothing in this article shall be construed to limit the right of the Code Enforcement Department to inspect any property at any time. If, after issuing an operating permit, the Department receives a complaint alleging a violation of this chapter or other chapter of the City Code, other than a violation that creates an imminent hazard to the public health or to the physical or mental health of the occupants of the rental property, the Department shall make a good faith effort to notify the owner or agent of the complaint, by either telephone or regular mail, before conducting an inspection under this chapter, and shall provide to the owner or agent one working day from the date the owner or agent receives the notice to explain what steps the owner or agent is taking to correct the violation. The Department may take steps necessary, by inspection or other means, to assure that the violation is corrected.
G. 
No operating permit shall be issued and no inspecting under this article shall be conducted, unless and until the applicable fee(s) required under this chapter is paid in full to the Department and the property owner or agent submits the names and contact information of all business owners.
H. 
Upon request or complaint and payment of applicable fees if any, an inspection shall be conducted, but no residential occupancy permit shall be issued under this article unless the business is an authorized use pursuant to Chapter 285, Zoning, and until all other applicable provisions and requirements of the Code of the City of Cohoes are complied with and met.
I. 
Upon request and payment of applicable fees, if any, an inspection shall be conducted, but no operating permit shall be issued under this article unless the property is:
(1) 
Current and paid to date on its water and sewer rents; and
(2) 
Current on all City, county and school taxes.
J. 
Notwithstanding the provisions of § 215-61, the Director of Code Enforcement may issue a temporary operating permit if all City, county and school taxes are not current if the applicant pays a fee equal to 15% of the outstanding City, county, and school taxes due, including late fees and penalties, on the property.
K. 
Any temporary operating permit issued pursuant to § 215-6J shall be revoked by the Director of Code Enforcement under the following circumstances:
(1) 
The applicant fails to make timely payment of any City, county or school taxes due subsequent to the issuance of the temporary operating permit; or
(2) 
The applicant fails to pay all past-due City, county, and school taxes within 12 months of issuance of the temporary operating permit.
L. 
The Director of Code Enforcement shall have the right to revoke any operating permit issued under this procedure applicable to qualifying businesses or business complexes as outlined in §§ 128-5.1 and 128-5.2 for failure to comply with the aforementioned requirements or NYS Property Maintenance, Fire and Uniform Code. Further, the Director of Code Enforcement shall require that said qualifying businesses that fail to meet the standards and fulfill the obligations outlined in § 128-5.2 be subject to standard operating permit inspection and issuance practice, policy, and procedures.

§ 128-6 Fee.

A. 
The fee for an operating permit as set forth in §§ 128-5.1 and 128-5.2 shall be $40 for each unit. This fee shall be paid in full prior to the business inspection.
B. 
Failure of an owner or agent to appear within 30 minutes of a scheduled inspection ("no show") shall result in a fee of $25 per unit scheduled for inspection.
C. 
Cancellation of a scheduled inspection less than 24 hours before that scheduled inspection ("late cancellation") shall result in a fee of $25 per unit scheduled for inspection.
D. 
Should a unit fail inspection, the initial reinspection shall be free of charge; however, each subsequent reinspection thereafter until that unit passes shall result in a reinspection fee of $25 per unit being reinspected.

§ 128-7 Penalties for offenses.

The penalty for a violation of this article shall be up to $250 and/or 15 days in jail. Each day such violation continues shall be considered a separate offense and may be charged as such.
[Adopted 6-12-2007 by Ord. No. 10-2007]

§ 128-8 Farmers' market established.

Pursuant to § 72-p of the New York State General Municipal Law, there shall be established in the City of Cohoes a farmers' market, as defined in § 260 of the New York State Agriculture and Markets Law, which shall exist for a public purpose.

§ 128-9 Administration and governance.

The Cohoes Local Development Corporation shall administrate the operation of the Cohoes Farmers' Market. The Cohoes Local Development Corporation shall promulgate guidelines, regulations or rules for the governance of the farmers' market, market places, and market lands, not in conflict with the rules and regulations of the Department of Agriculture and Markets, and subject to the approval of the Board of Managers of the City of Cohoes.

§ 128-10 Farmers' market on City property.

A. 
Transient or direct sellers of produce and related items, such as vegetables, fruits, dried flowers, cut flowers, plants, jams, jellies, preserves, bread, herbs, honey, maple syrup, meat and other perishable products, on City property designated for that purpose under this article shall register with the Cohoes Local Development Corporation before commencing sales. The Cohoes Local Development Corporation shall obtain all information and fees required under its approved rules.
B. 
The Cohoes Local Development Corporation is hereby delegated the authority to extend revokable licenses to participants to utilize the space on City property, and may grant access to reserved space or stalls as it sees fit.
C. 
Notwithstanding the provisions of Chapter 198 of the City Code, a City-issued vendors' license will not be required for approved participants in the Cohoes Farmers' Market.
D. 
The Board of Managers may designate a City-owned parking lot or portion thereof to be used as a farmers' market for the months May through October. The parking lot currently used for the Cohoes Farmers' Market is located at the Municipal Parking lot on Remsen Street south of Smith's Restaurant. The Board of Managers may change the location of the farmers' market as needed.
E. 
Market hours shall be determined by the Cohoes Local Development Corporation, as approved by the Board of Managers, and are presently Fridays from 4:00 p.m. until 7:00 p.m.
F. 
Each approved vendor shall be responsible for his/her area and shall keep the area free of litter and debris. Vendors shall remove all equipment, displays and sale items from the market at the close of the day.