[Added 9-9-2009 by L.L. No. 7-2009]
The Mayor and Village Board find that the Village is charged
with ensuring the welfare of its residents, owners, and tenants alike.
Blighting can occur in neighborhoods as the result of continued disruptive
behavior of tenants. The purpose of this article is to ensure the
safety and well-being of all Village residents by establishing the
following definitions, owner's duties, violations and penalties.
As used in this article, the following words and phrases shall
have the meanings specified:
Any form of conduct, action, incident, or behavior perpetrated,
caused, or permitted by any occupant or guest/visitor of a regulated
dwelling unit that is so loud, untimely (time of day), offensive,
riotous, or that otherwise disturbs other persons of reasonable sensibility
in their peaceful enjoyment of their premises such that a complaint
is made to police complaining of such action, conduct, incident or
behavior. It is not necessary that such action, conduct, incident,
or behavior constitute a criminal offense nor that criminal charges
be filed against any person in order for a person to have perpetrated,
caused, or permitted the commission of disruptive conduct as defined
herein; provided, however, it shall be deemed not to have occurred
unless the police shall investigate and make a determination that
such did occur and make a written report of such occurrence.
A written report of disruptive conduct on a form to be prescribed
therefor, to be completed by the police who actually investigate an
alleged incident of disruptive conduct and which shall be maintained
by the Police Chief or his designee.
A building having one or more dwelling units.
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking, and sanitation.
A person on the premises with the actual or implied consent
of an occupant.
An individual who resides in a regulated rental unit, whether
or not he or she is the owner thereof, with whom a legal relationship
with the owner is established by a written lease or by the laws of
the State of New York.
One or more persons, jointly or severally, in whom is vested
all or part of the legal title to the premises, or all or part of
the beneficial ownership and a right to present use and enjoyment
of the premises, including, but not limited to, a mortgage holder
in possession of a regulated rental unit.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust, or any other entity.
The Village of Scotia Police Department or any properly authorized
member or officer thereof, or any other law enforcement agency having
jurisdiction within the Village of Scotia.
Any parcel of real property in the Village of Scotia, including
the land and all buildings and appurtenant structures or appurtenant
elements on which one or more regulated rental units is located.
Any dwelling unit that is rented, leased, let out, or otherwise
permitted to be occupied by a person(s) other than the owner.
An agreement, written or oral, between an owner and an occupant.
The occupant shall, unless otherwise permitted by applicable
law, regulation, or by the Village of Scotia, occupy or use his or
her regulated rental unit for no other purpose than as a residence.
Village of Scotia, Schenectady County, New York.
The provisions of this article are not intended to, nor shall
its effect be, to limit any other enforcement remedies which may be
available to the Village.
A.
In no case shall the existence of any agreement between an owner
and an occupant relieve an owner of any responsibility under this
article or other laws or codes for maintenance of the premises.
B.
Every owner shall be responsible for regulating the proper and lawful
use and maintenance of every dwelling unit that he or she owns. As
provided for in this article, every owner shall also be responsible
for regulating the conduct and activities of the occupants of every
regulated rental unit that they own in the Village.
C.
Following the effective date of this article, a summary of this article
shall be attached to each rental agreement delivered by or on behalf
of an owner when any such agreement is presented for signing to any
occupant.
A.
The occupant of a dwelling unit shall, unless otherwise permitted
by applicable law or regulation, occupy or use his or her regulated
rental unit and premises for no other purpose than residential uses.
B.
The occupant of a dwelling unit shall not engage in, nor tolerate
or permit others on the premises to engage in, disruptive conduct
or other violations of New York State or Village of Scotia Laws.
When police investigate an alleged incident of disruptive conduct,
the investigating officer shall complete a disruptive conduct report
upon finding that the reported incident did, in his or her judgment,
constitute disruptive conduct, as defined herein. The information
filled in on said report shall include, if possible, the identity
or identities of the alleged perpetrator(s) of the disruptive conduct
and all other obtainable information, including the factual basis
for the disruptive conduct requested on the prescribed form. Where
the police make such an investigation, said police officer shall then
submit the completed disruptive conduct report to the Police Chief
or his designee. In all cases, the Police Chief or his designee shall
mail a copy of the disruptive conduct report to the owner within five
working days of the occurrence of the alleged disruptive conduct.
The third occurrence of disruptive conduct within a one-year period
will result in a mandatory eviction.
A.
Evictions. Eviction proceedings must be filed with the Scotia Justice
Court or other court of competent jurisdiction no later than 10 days
from the date of notice by the Police Chief or his designee. A copy
of that court filing must be provided to the Police Chief or his designee.
B.
Fines. 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 shall be subject to a fine of not more than
$1,000. Each week a violation continues shall be deemed a separate
offense.
