No owner shall rent, let, lease, or otherwise
allow the occupancy of any rental building or structure unless that
owner holds a valid rental permit. No violations of this section shall
issue before one year after the effective date of this chapter.
If the Code Enforcement Officer determines that
there are reasonable grounds to believe that premises are being maintained
in violation of this chapter, that Officer shall give notice of the
alleged violation to the owner of the premises and contain the elements
required of an information under § 100.15 of the Criminal
Procedure Law. Such notice shall:
B. Include a description of the real estate sufficient
for identification;
C. Describe the violation, cite the applicable section
of the local law and/or Uniform Code and remedial action required;
D. Describe the facts under which the violation is based;
E. State that all health, safety and maintenance violations
must be corrected immediately. The Code Enforcement Officer shall
return at a specified date to verify conformance with the order to
remedy. Any maintenance items which cannot be completed at this time
because of weather constraints may be granted a time extension. Time
extensions are to be negotiated with the owner/agent of the property
and the inspector.
F. State that, if upon reinspection a violation still
exists, the Code Enforcement Officer shall order that the rental permit
be suspended and the structure vacated.
G. Be mailed via first class, registered or certified
mail to the permittee or served upon any other person in accordance
with the applicable provisions of the Criminal Procedure Law.
H. State the time to file an appeal, the amount of the
appeal fee, the right to call witnesses and the right to be represented
by counsel.
Unless there are significant health or safety
issues, if the property has a valid rental permit, a tenant must first
complain to the owner or agent. Forms for that purpose may be obtained
from the Code Enforcement Office; however, there is no obligation
for a tenant to use such forms.
A. An owner or agent must remedy or otherwise address the complaint within a reasonable period of time under the circumstances. If the complaint is not remedied to the tenant's satisfaction within seven calendar days, the tenant may schedule an inspection appointment with the Code Enforcement Officer, who shall give reasonable advance notice to the owner's agent. If violations are found, an inspection fee in accordance with §
96-23 shall be charged.
B. No person shall maintain an action for eviction because
the occupant has reported a violation of this chapter or a related
provision of the Village Code to the Code Enforcement Officer or other
Village employee.
C. No person shall cause any service, facility, equipment
or utility required under this chapter to be removed, shut off or
discontinued in retaliation for a complaint.
The Code Enforcement Officer shall have the
right to inspect all or any part of rental dwellings or units, provided
that the tenant has consented, except that in the event that the owner
is not a permittee, then the owner, agent or person in charge thereof
shall have the right to insist upon the procurement of a search warrant
from a court of competent jurisdiction in order to enable such inspection.
The officials charged with conducting the inspection pursuant to this
chapter shall be required to obtain a search warrant in the event
that they are unable to obtain the consent of the owner if the owner
is not a permittee, and, in all circumstances, a tenant with common
authority over the premises to be searched after such tenant has been
advised that he or she has a constitutional right to refuse entry
of the officials without a search warrant. The Code Enforcement Officer
is authorized, on sworn affidavit stating the factual bases therefor,
to make application to the Village Court of Geneseo or to such other
court as may be deemed appropriate for the issuance of an administrative
search warrant. The search warrant may be executed by the Code Enforcement
Officer only in the case of permittees and, in all other cases, by
a peace officer who may be accompanied by the Code Enforcement Officer
in order to conduct an inspection of any premises covered by this
chapter where the occupant refuses or fails, after due notice as provided
herein, to allow an inspection of the dwelling unit or premises, where
there is reasonable cause to believe that a violation of this chapter
or a violation of the Multiple Residence Law, the New York State Uniform
Fire Prevention and Building Code or the Code of the Village of Geneseo
exists, or where there is reasonable cause for inspection. The application
for a search warrant shall, in all respects, comply with applicable
laws of the State of New York and the United States.
The rental permit issued under this chapter
shall contain the following information:
A. The address, type of structure, and structure classification.
E. Number of dwelling units.
F. A statement, where applicable under this chapter,
that the structure cannot be inhabited by more than four nonfamily
persons as defined in this chapter.
G. A statement indicating whether the structure is equipped
with a fire alarm system.
H. A statement indicating whether the structure is equipped
with a sprinkler system.
All written rental agreements for rental buildings
or structures within the Village of Geneseo must contain the following
language in ten-point or larger type:
"Please take notice that you and the landlord each have certain rights and responsibilities under Chapter 96 of the Village of Geneseo Code, (Village of Geneseo Rental Housing Law), a copy of which is available in the Village Hall, 119 Main Street, Geneseo, New York, 14454."
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