[Amended 10-11-1976 by L.L. No. 32-1976; 8-14-1995 by L.L. No. 14-1995]
Owners, operators and occupants shall be jointly and severally liable for compliance with the provisions of Chapter
238 as set forth herein, regardless of any agreement among the owners, operators or occupants as to which party shall assume such responsibility.
[Added 7-22-1996 by L.L. No. 12-1996]
A. Every owner of rental property located within the
Village of Patchogue shall file:
(1) A statement of designation, signed and verified in
the office of the Village Clerk, setting forth the name and address,
by street and number within the Village of Patchogue, of an agent
upon whom process may be served in any action or proceeding which
may be commenced or instituted against said owner; or
(2) A designation, signed and verified, of the Village
Clerk, as the agent upon whom process against the owner may be served,
and the post office address, within or without the Village of Patchogue,
to which the Village Clerk may mail a copy of any process against
such owner served upon the Village Clerk.
B. Whenever process is served upon the Village Clerk,
she shall promptly mail, by certified mail, addressed to the agent
named in said designation at the address therein set forth, a true
copy of said process and, upon mailing thereof, process shall be deemed
complete.
C. It shall be unlawful and a violation of this chapter
for any person to:
(1) List, solicit, advertise or offer, exhibit or show
to any person a rental dwelling unit located within the Village of
Patchogue, for the purpose of bringing about the rental thereof, where
no agent has been designated as required under this chapter.
(2) Accept a deposit of rent or security, or a commission,
in connection with the rental of a rental dwelling unit located within
the Village of Patchogue where no agent has been designated as required
under this chapter.
D. In the event that a person convicted of a violation of Subsection
C of this section shall have been a real estate broker or sales person licensed by the State of New York, at the time such violation was committed, the Village Clerk or the Clerk of the Village Justice Court shall transmit a record of such conviction to the Division of Licensing Services of the Department of State and make complaint thereto against such licensee on behalf of the Village, pursuant to the provisions of Article 12-A of the Real Property Law.
E. All rental properties containing eight or more rental
units shall provide for a designated on-site manager who shall be
available to address and resolve any issues with the property 24 hours
a day. The owner of the property must file the manager's address,
telephone number and other contact information with the Building Department
within five days of the designation of the manager or any changes
thereto.
[Amended 3-23-2009 by L.L. No. 8-2009]
F. Failure to file a statement of designation, as required by this section, shall be a violation punishable under §
1-1.
[Added 6-27-2011 by L.L. No. 10-2011]