[Added 8-17-1988 by L.L. No. 3-1988]
The following terms in this article are defined as follows:
Any dwelling which is either rented, leased, let or hired out to
be occupied or is occupied as the temporary or permanent residence or home
of persons other than the owner, as herein defined, in which the said owner
does not actually reside for at least four months in each calendar year.
The owner or owners of a freehold of the premises of lesser estate
therein, a mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee, agent or any other person, firm or corporation
directly or indirectly in control of a dwelling.
The owner of any building defined herein as an absentee ownership property
shall post and maintain in a conspicuous place in such dwelling a legible
notice identifying the owner and managing agent of such dwelling, together
with the residence and business addresses and telephone numbers of the owner
and managing agent. Where the owner is a corporation, the sign shall contain
the name, address and telephone number of the chief executive officer thereof,
together with the business address and telephone number of the corporation.
A.
Every owner of an absentee ownership property as above
defined shall file with the Village Clerk, within 60 days after the adoption
of this article, a written registration statement containing the following
information:
(1)
A description of the premises, by street number or block
and lot number.
(2)
The name and residence and business address of such owner,
together with his residence and business telephone number, or, if such owner
is a corporation, the name and address of such corporation and the name and
residence and business address of the chief executive officer thereof, together
with the telephone number of the corporation and the chief executive officer
thereof.
(3)
Designation of managing agent.
(a)
The name, residence and business address and residence
and business telephone number of a natural person, 21 years of age or older,
who actually resides within the Village and/or Town of Canton, New York, and
who shall be designated by such owner as a managing agent in control of and
responsible for the maintenance and operation of such dwelling and who shall
be designated as the person upon whom process may be served on behalf of the
owner. The managing agent shall keep a current record of all tenants, with
their names and addresses, who are renting, leasing, or living on the premises.
There shall be endorsed upon such statement a written consent to such designations
signed by such managing agent. An owner who is a natural person and who meets
the requirements of this subsection as to the location of residence or place
of transacting business of a managing agent may designate himself as such
managing agent.
(b)
Nothing contained in this section shall be construed
to prevent a corporation which is an owner of an absentee ownership property
from designating as its managing agent, with respect thereto, any officer
of such corporation who meets the requirements of this section as to the location
of the residence or place of transacting business of a managing agent.
(c)
Any designation as managing agent made pursuant to the
provisions of this section shall remain in full force and effect until changed
or terminated as hereinafter provided.
B.
Where, after the filing of any registration statement
in relation to any absentee ownership property under the applicable provisions
of this article, the owner of such dwelling shall have granted or transferred
his right, title or interest therein or in any part thereof, such owner shall
file with the Village Clerk of the Village of Canton, within 10 days after
such grant or transfer, a written statement which shall contain the name and
residence and business address and telephone number of the grantee, transferee
or other successor of such right, title or interest or, if such grantee, transferee
or successor is a corporation, the name, address and telephone number of such
corporation and the name and address of the chief executive officer thereof.
C.
Where, after the filing of any registration statement
with the Village Clerk pursuant to the provisions of this article, any change,
other than a designation of a different managing agent or change of ownership
or interest, occurs in any name, residence or business address or telephone
number or officer required to be included in such statement, the owner, within
10 days after such change, shall file a statement setting forth the particulars
of such change so as to supply the information necessary to make currently
correct the last registration statement filed pursuant to the applicable provisions
of this article.
D.
Any designation of a managing agent made pursuant to
the applicable provisions of this section shall cease to be effective if such
agent shall die or be judicially declared incompetent.
E.
Any owner may terminate such designation by filing with
the Village Clerk of the Village of Canton a written designation of a new
managing agent made in conformity with the provisions hereinabove cited.
F.
If any owner shall fail, on or before the effective date
of any notice of termination served and filed by a managing agent or written
designation 15 days after any such agent shall die or be judicially declared
incompetent, to file with the Village Clerk of the Village of Canton a designation
of a new managing agent made in conformity of the provisions herein, such
owner shall be guilty of a violation of this section.
G.
Any registration statement or designation of a managing
agent required to be filed with the Village Clerk of the Village of Canton
by any owner or lessee of an absentee ownership property under the provisions
of this article shall be signed by such owner or lessee or, if such owner
or lessee is a corporation, by an officer thereof.
H.
Any such registration statement or designation of a managing
agent shall be deemed prima facie proof of the statements therein contained
in any criminal or quasi-criminal prosecution instituted by a village
agency against the owner or managing agent of an absentee ownership property.
Any person, firm or corporation who violates, disobeys, neglects or
refuses to comply with any of the terms of this article shall be guilty of
a violation and subject to a fine of not more than $500. Each week a violation
continues shall be deemed a separate offense.
