Village of Dobbs Ferry, NY Article XI Code Enforcement Districts

§ 204-39 Establishment.

[Amended 10-2-1984 by L.L. No. 6-1984]

The area(s) described below by the Board of Trustees is hereby found to contain housing conditions which may pose a serious and immediate risk to public health, safety and welfare. In such area(s), a significant percentage of the residential structures are of such age and condition or have such a history of violations of minimum housing standards that they may contain harmful or potentially harmful conditions which threaten the health, safety and welfare of the occupants or the public. It is therefore in the public interest to authorize the use of special code enforcement remedies in the following designated area(s).[1]

[1] Editor's Note: The boundaries of the special code enforcement districts have been designated as the Urban County Dobbs Ferry Target Area, as amended from time to time. A description of such area is on file in the office of the Village Clerk.

§ 204-40 Remedial measures.

Within such code enforcement districts, the following remedial measures may be authorized:

A. Building registration and reporting.

(1) Owners of multiple dwellings shall register and annually reregister such structures with the Department on registration forms provided by the Enforcement Officer. Information shall include the names and addresses of the owner and his agent to ensure communication in the event of emergencies and to aid in the service of notice and process. The Department is authorized to require other information regarding, but not limited to, tenant turnover, vacancies, maintenance costs and mortgage indebtedness to assist in the early identification of problem conditions and buildings.

(2) In addition, the Department may require that a building registration permit be obtained as a condition to the continued occupancy of a multiple dwelling. Such permit shall be subject to revocation or modification.

(3) The Department may charge a fee for the registration of a multiple dwelling and the issuance of a building registration permit. The fee must bear a reasonable relationship to the cost to the Department of administering these requirements.

B. Certificates of occupancy for individual units. Upon termination of the occupancy of a dwelling unit in such a district, an inspection shall be made to determine whether the unit contains code violations which are or are likely to become dangerous to health, life or safety. If such conditions exist, the owner shall be prohibited from renting such unit until he obtains a certificate from the Department which certifies that the violating conditions have been removed and that the unit no longer contains conditions that are dangerous or are likely to become dangerous to life, health or safety. To enforce this requirement, an owner must notify the Department whenever a unit is vacated.

C. Evictions of occupants for code violations.

(1) Owners are prohibited from evicting occupants when such evictions are substantially motivated by an owner's desire to retaliate against an occupant's good-faith complaint to the Department regarding violations of this chapter. Occupants who have caused or substantially contributed to serious violations of this chapter shall not be benefited by this prohibition.

(2) Whenever an owner wishes to evict a tenant for whatever reason, the owner shall first obtain a certificate of eviction from the Department. The certificate may be requested by the owner in writing, by telephone or in person directly from the Enforcement Officer, who shall keep a separate record of all such requests. If a certificate is not issued or denied within two full working days following the day of the request, the owner may proceed with his eviction proceeding unless his action or failure to cooperate has delayed action regarding the certificate.

(3) Upon receiving a request for a certificate of eviction, the Enforcement Officer shall immediately cause an inspection of the subject premises. If the inspection reveals serious violations of this chapter which have not been caused or substantially contributed to by the occupant, the certificate shall be denied. If the inspection reveals that serious code violations exist which have been caused or substantially contributed to by the tenant, the inspection report shall be filed by the Department in court as part of the record in the owner's proceeding to evict the tenant. The court shall make a final decision.

(4) Occupants who believe that evictions, rent increases or reduction in service are substantially motivated by an owner's desire to retaliate against their good-faith report of code violations to the Department shall be afforded a hearing on the matter before the Enforcement Officer or the Board of Appeals, at their option.

D. Deposits by owners for emergency repairs.

(1) Whenever the Department is required to perform the emergency measures pursuant to §§ 204-36, 204-37 and 204-38 of this chapter, it may pay for those measures through an emergency repair fund. Owners of multiple dwellings within such code districts shall be required to deposit $50 per dwelling unit with an interest-bearing escrow account maintained by the Department in such an emergency repair fund for the purpose of making emergency repairs.

(2) The deposit shall be required upon the owner's filing of his first registration statement. Upon the transfer of ownership of the subject premises, the deposit shall be transferred by the Department to the new owner's account upon the filing of a registration statement by that owner. Interest accrued on the deposited funds shall accumulate in the account and be available for the purpose of this section.

(3) The owner of the premises in regard to which such measures were taken shall be required to reimburse the account for the cost of the measures, including interest lost from the date of withdrawal. A per-diem fine may be levied against owners who fail to reimburse the account or who fail to post a bond guaranteeing reimbursement.

E. Rent escrow accounts. Whenever an owner of a multiple dwelling repeatedly fails to comply with orders to correct code violations regarding building conditions which are likely to become dangerous to the life, health or safety of the occupants or the public, the Department may authorize, with the assent of the chief executive officer of the Village of Dobbs Ferry, the occupants to deposit their rent in a separate escrow account administered by the Department. Withdrawals from the account shall be made by the Department to cover the costs of abating the conditions. All remaining rents shall be returned promptly to the owner.

F. Occupant nuisance.

(1) Part of the responsibility for the care and upkeep of a dwelling unit shall rest with the occupant. Occupants shall be liable if serious violations are caused by their own willful act or negligence, such as improper refuse disposal, improper and destructive acts, physical destruction or inadequately maintained living space. The Department shall act to discourage or penalize occupants who cause or substantially contribute to violations of this chapter. A system of orders, hearings and citations shall be developed with sanctions that include orders to abate, fines and violation reports which can be filed in court in support of an owner's petition to evict the occupant.

(2) Before using these sanctions, the Department shall make a good-faith attempt to provide or obtain supportive services and counseling for the occupants that are designed to prevent the occupants from causing or contributing to violations of this chapter.