[Adopted 5-7-2008 by L.L. No. 2-2008]
The purpose of this article is to establish
rules, regulations and enforcement procedures for the identification
of owners as defined below of rental housing units and to provide
a means to effectuate service of legal process upon such owners or
authorized agents of rental housing units located in the City of Lockport.
This article is intended to preserve the City's existing housing
stock and to protect the health, safety and welfare of the general
public.
The following definitions shall apply in the
interpretation and enforcement of this article:
A. Word usage.
(1) Whenever the words "dwelling" and "dwelling unit,"
"rooming house," "rooming unit," "premises" and "structure" are used
in this article, they shall be construed as though they were followed
by the words "or any part hereof."
(2) Whenever the phrase "any provision of this article"
is used in this article, it shall be construed as though it were followed
by the words, "or any rule or regulation adopted pursuant thereof."
(3) Whenever the words "Code Enforcement Officer, Director
of Code Enforcement and/or Code Enforcement Inspector" are used, it
shall be construed to mean or be equivalent to the "Chief Building
Inspector of the City of Lockport."
B. Definitions. As used in this article, the following
terms shall have the meanings indicated:
DWELLING UNIT
Any building, except for temporary housing, which is used
or intended to be used for living or sleeping by human occupants.
OCCUPANT
Any person over one year of age living, sleeping, cooking
or eating in or having actual possession of a dwelling unit or rooming
unit, unless otherwise provided.
OPERATOR
Any person who has charge, care or control of a building,
or a part thereof, in which units are let.
OWNER
Any person who, alone or jointly or with others, shall have
legal title (including through a land contract) to any rental unit
or multiple dwelling, with or without accompanying possession thereof,
or shall have charge, care or control of any rental unit or multiple
dwelling as either owner or agent of the owner, or as executor, executrix,
administrator, administratrix, trustee, or guardian of the estate
of the owner. Any person thus representing the actual owner according
to the definition provided shall be bound to comply with the provisions
of this article to the same extent were he or she the owner.
PERSON
Any party, land contractee, individual, firm, corporation,
limited liability company, association, partnership or any other similar
entity.
RENTAL UNIT
Any residential dwelling, dwelling unit, rooming house or
rooming unit not solely occupied by the owner.
RESIDENCE
Shall be deemed to mean that place where a person maintains
a fixed, permanent and principal home and to which he, wherever temporarily
located, always intends to return. Any two of the following may be
considered by the Department of Building Inspection as proof of residency:
a valid New York State drivers license, New York State voter registration
card, utility bills, 911 service listing; New York State income tax
return, social security statement, and/or automobile registration.
The Code Enforcement Office shall maintain,
for public review, a database of rental units or multiple dwellings
registered pursuant to this article. That database shall list the
name of the owner or lessor and the owner's addresses. It shall
also include the name, local address and phone number of the property
manager, agent or person otherwise responsible for the maintenance
of the building. It shall also state whether there is a currently
valid certificate of registration on file for each building.
A certificate of registration may be issued for any rental housing unit, regardless of whether it is required to be registered by §
142-3 of this article, pursuant to the request of owners, lessors or lessees. A certificate of registration shall be issued and shall remain in effect for two years or until change of ownership, whichever occurs first.
A fee as set forth from time to time by Common
Council resolution for each new issuance and or renewal will be charged.