City of Cohoes, NY Article IV Compliance

§ 215-14 Responsibilities of owners and occupants.

A. Responsibilities of owners.

(1) Owners of premises shall be responsible for compliance with the Residential Occupancy Permit Code and shall remain responsible thereof regardless of the fact this chapter may also place certain responsibilities on operators and occupants and regardless of any agreements between owners and operators or occupants as to which party shall assume such responsibility.

(2) Owners of premises shall be responsible for proper maintenance, conditions and operation of service facilities and for furnishing adequate heat and hot water supply in multiple dwellings.

B. Responsibilities of occupants. Occupants of dwelling units shall be responsible for compliance with the Residential Occupancy Permit Code in regard to the following:

(1) Limiting occupancy of that part of the premises which he occupies or controls to the maximum permitted by the Residential Occupancy Permit Code.

(2) Maintenance of that part of the premises which he occupies or controls in a clean, sanitary and safe condition.

(3) Maintenance of all plumbing, cooking and refrigeration fixtures and appliances, as well as other building equipment and storage facilities, in that part of the premises which he occupies or controls in a clean and sanitary condition and providing reasonable care in the operation and use thereof.

(4) Keeping exits from his dwelling unit clear and unencumbered.

(5) Disposal of garbage and refuse into provided facilities in a clean and sanitary manner.

(6) Extermination of insects, rodents or other pests within his dwelling unit, if his unit is the only one infested in the premises.

(7) Keeping his domestic animals and pets in an appropriate manner and under control.

§ 215-15 Penalties for offenses.

[Amended 6-23-1992 by Ord. No. 41-1992; 5-25-1999 by L.L. No. 28-1999; 11-27-2001 by Ord. No. 21-2001]

A. It shall be unlawful and a violation of this chapter for any owner, managing agent or person in possession or charge of a rental dwelling unit, apartment, tenement, or dwelling to let or allow the occupancy of said unit without having obtained, prior to said rental, occupancy or re-occupancy, a residential occupancy permit. It shall be unlawful and a violation of this chapter for any owner, managing agent or person in possession or charge of a transient occupancy unit to let or allow occupancy of said unit without having obtained an annual operating permit as set forth in § 215-8 of this chapter. It shall be unlawful to fail to comply with a violation order issued by the Department of Code Enforcement pursuant to this chapter. Furthermore, it shall be unlawful for any occupant of a rental dwelling unit, apartment or tenement to violate any of the provisions of this chapter relating to said occupancy.

B. Upon conviction, every owner, managing agent, or person in possession or charge of a rental dwelling unit, apartment, tenement, or transient occupancy dwelling who shall fail to comply with the provisions of this chapter shall be subject to a fine of between $100 and $250 or up to 15 days in jail or up to 50 hours of community service, or any combination thereof, for the first offense; a fine of between $200 and $500 or up to 15 days in jail or up to 100 hours of community service, or any combination thereof, for the second offense committed within three years of the first offense; and a fine of between $500 and $1,000 or up to 15 days in jail or up to 150 hours of community service, or any combination thereof, for a third or subsequent offense committed within three years of the first offense. Each day that a violation continues shall be deemed a separate offense, however continuing violations under the same facts shall not be counted as subsequent violations for the purpose of enhanced penalties.

[Amended 1-24-2006 by Ord. No. 1-2006]

C. Failure to comply with a violation order to remedy or abate shall subject the person served with the order to the penalties contained in § 152-7D of this Code for failure to comply with a lawful order of the Code Enforcement Department.

[Amended 1-24-2006 by Ord. No. 1-2006]

D. Upon conviction, any occupant found to be in violation of this chapter shall be subject to a fine of up to $250 or up to 15 days in jail or up to 100 hours of community service, or any combination thereof. Each day that a violation continues shall be deemed a separate offense.