[HISTORY: Adopted by the Board of Trustees of the Village
of Owego as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-2-2009 by L.L. No. 1-2009]
The purpose of this chapter is to protect the health, safety
and welfare of the citizens of the Village of Owego and to assist
in enforcing the Village of Owego Code by the Village of Owego by
requiring the registration of rental units within the Village of Owego
by certain owners/lessors as set forth herewith. This chapter is adopted
pursuant to § 10 of the Municipal Home Rule Law. Nothing
in this chapter shall be construed as to relieve any person or entity
from complying with the provisions of any other applicable law, rule,
or regulation established by the Village Board of Trustees.
As used in this chapter, the following terms shall have the
meanings indicated:
Shall include, but not be limited to, one- and two-family
and multiple-family dwellings, whether or not used for residential
purposes, garden apartments, all other complexes, mobile homes, shopping
centers, supermarkets, retail stores, warehouses, storage plants,
factories, gasoline service stations, public garages or buildings
used for other business purposes and accessory structures of all of
the foregoing that are leased by an owner/lessor.
A.
Owners and lessors, or their respective agents, of rental units who
do not reside or maintain a principal place of business within Tioga
County, New York, or an adjoining county of New York State shall,
within one year after the effective date of this chapter or within
90 days from the date of mailing of forms by the Village of Owego
Code Enforcement Office, whichever occurs first, register with the
Village of Owego Code Enforcement Office each rental unit they own
or operate in the Village of Owego. The following information shall
be provided:
(1)
The name and address of the owner and/or lessor, and of their respective
property manager, agent or other persons responsible for the maintenance
of the leased premises.
(2)
The name, address and phone number(s) of a property manager or other
person responsible for the maintenance of the leased premises located
within Tioga County, New York, or within a contiguous county in the
State of New York, who can be reached 24 hours per day, seven days
per week and upon whom violation orders for any relevant provisions
under the Village of Owego Code may be served within the County of
Tioga, State of New York, or within any contiguous counties in the
State of New York.
(3)
Such other appropriate information as may be requested or as may
be required under any and all relevant provisions of the Village of
Owego Code, including, but not limited to, number of units, number
and type of rooms, number of stories and type of heating system, sprinkler
system and fire alarm controls, and the location of such.
B.
It shall be the responsibility of the property owner to maintain all information provided to the Village of Owego Code Enforcement Office pursuant to this section, and such owners must inform the Village of Owego Code Enforcement Office in writing, of any change in the information provided within 10 days of the change. Failure to maintain the information provided to the Village of Owego Code Enforcement Office pursuant to this section shall subject the owner to the penalties provided for in § 162-4 of this chapter.
C.
The Village of Owego Code Enforcement Office shall maintain, for
public review, a database of rental units registered pursuant to this
section. That database shall list the name of the owner or lessor
and the owners address. It shall also include the name, local address,
and phone number of the property manager, agent or persons otherwise
responsible for the maintenance of the building.
Any person or entity violating any provision of this chapter
shall be guilty of a violation and, upon conviction thereof, shall
be punished as follows:
[Adopted 6-21-2010 by L.L. No. 4-2010]
The purpose and scope of this article is to provide the uniform
maintenance of rental housing stock and to provide uniform administration
and compliance with rental inspections of parties concerned therewith
in an effort to help protect and safeguard the rights, health, safety
and welfare of landlords and tenants within the Village of Owego.
As used in this article, the following terms shall have the
meanings indicated:
A representative of a property owner legally authorized and
identified to the Village of Owego to act in the owner's behalf
in matters regarding respective residential rental units. "Agent"
shall include a landlord.
The officer who is charged with the administration and enforcement
of this code or any duly authorized representative.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
Any property owner or designated agent who offers a residential
rental unit for occupancy to anyone other than the owner.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property, as recorded in the official
records of the state, county or municipality as holding title to the
property, or otherwise having control of the property, including but
not limited to the guardian of the estate of any such person, the
executor or administrator of the estate of such person if ordered
to take possession of real property by a court, a mortgage holder
in possession of a residential rental unit, or the holder of a land
contract. "Owner" shall include a landlord.
Any residential rental unit(s) occupied by persons other
than the owner.
Any dwelling unit(s) occupied by persons other than an owner-occupied,
single-family dwelling unit.
A permit issued by the Village of Owego stating that the
rental property and/or residential rental unit conforms to the standards
of the Property Maintenance Code and Fire Code of New York State and
the Village of Owego Code and that the rental unit is permitted for
residential rental use. Any special circumstances or conditions under
which occupancy is permitted may be specified on such permit.
A person, corporation, partnership or group, occupying a
residential rental unit.
When a residential rental unit(s) is found to be unsafe or
unfit for human occupancy or is found unlawful pursuant to applicable
laws, rules or regulations.
A.
All residential rental units shall be inspected and certified by
the Code Enforcement Officer of the Village of Owego, who shall determine
compliance with and administer and enforce all applicable provisions
of this article. On and after the effective date of this article,
residential rental unit occupancy permits shall be valid for 30 months
from the date of issuance. The vacancy of any residential rental unit
or change in ownership of any rental property shall invalidate said
permit even if said vacancy shall occur within said 30 months.
B.
Except as otherwise provided herein, it shall be unlawful and a violation
of this article to rent, lease, or otherwise allow the occupancy of
any residential rental unit without the inspection and certification
as required herein. This provision shall include but not be limited
to written or unwritten residential rental leases, agreements or licenses
or pursuant to a recorded or unrecorded agreement or contract for
the sale of residential rental units.
C.
Upon inspection, said residential rental units shall comply with
all applicable provisions of this article, including but not limited
to the following minimum requirements:
(1)
Adequate heating units capable of maintaining 68 degrees from September
15 to May 30 of each year; nonvented heaters, such as any fuel-fired
units (i.e., kerosene, propane or natural gas), shall not be the primary
source of heat.
(2)
Adequate supply of hot and cold water. All plumbing fixtures shall
be in good working order.
(3)
Electrical equipment, wiring and appliances shall be installed and
maintained in a safe and approved manner. Extension cords shall not
be used in place of permanent wiring. Electrical wiring and equipment
shall be protected against excessive current by properly
rated over-current devices. Disconnect panel(s) must be labeled. Electrical
outlets and switches shall be properly mounted, covered and in good
working order.
(4)
Mechanical appliances including, but not limited to, stoves and furnaces
shall be in safe and working condition. Gas service shall have black
iron pipe supply lines through floor penetrations.
(5)
Smoke detectors shall be installed, operational and properly placed,
to include one smoke alarm in each bedroom, one smoke alarm in hallway
outside of bedrooms (if two-story) and on each story including basement.
Recommended placement is on the ceiling. If smoke detectors must be
on a wall, they shall be no closer than four inches from ceiling or
no further than 12 inches from ceiling. One carbon monoxide detector
shall be installed, operational and properly placed at each level
of occupancy. In the event of new construction, all smoke detectors
and carbon monoxide detectors shall be hardwired.
D.
The specific reasons for noncompliance shall be specified in writing
in a notice and order from the Code Enforcement Officer. The notice
and order shall be provided to the owner or landlord or the owner's
agent. Occupants or proposed occupants of residential rental units
shall have the right to inspect the residential rental unit occupancy
permit in which they have an interest at no cost.
(1)
The Code Enforcement Officer shall have the right to inspect all
or any part of the residential rental unit(s) as required herein and/or
upon complaint, except that the owner or owner's agent or occupant
thereof shall have the right to insist upon the procurement of a search
warrant from a court of competent jurisdiction by the Code Enforcement
Officer or his or her designee, in order to enable such inspection.
The officials charged with conducting the inspection shall be required
to obtain a search warrant whenever an owner, owner's agent or
occupant refuses to permit a warrantless inspection of the premises
after having been advised that he or she has a constitutional right
to refuse entry of the officials without a search warrant.
(2)
The Code Enforcement Officer charged with conducting the inspections
shall make such inspection, access and circumstances permitting, within
10 business days of receipt of a request from the owner, agent or
occupant.
(3)
An owner or owner's agent shall file with the Code Enforcement
Officer a request for such inspection and the issuance of a residential
rental unit occupancy permit by regular mail or in person at the office
of the Code Enforcement Officer within 60 days of the effective date
of this law or within 60 days of any change in ownership. In the event
a residential rental unit becomes vacant, an owner or owner's agent
shall file with the Code Enforcement Officer a request for inspection
and issuance of a residential rental unit occupancy permit within
30 days of such vacancy.
(4)
Nothing herein shall be construed to limit the right of the Code
Enforcement Officer to inspect any property at any time. If, after
issuing a residential rental unit occupancy permit, the Code Enforcement
Officer receives a complaint alleging a violation of this article,
other than a violation that creates an imminent hazard to the public
health or to the physical or mental health of the occupants of the
rental property, the Code Enforcement Officer shall make a good faith
effort to notify the owner or owner's agent of the complaint
by either telephone or regular mail before conducting an inspection
under this article, and shall provide to the owner or owner's
agent one working day to explain what steps the owner or owner's
agent is taking to correct the violation. The Code Enforcement Officer
may take steps necessary, by inspection or other means, to assure
that the violation is corrected.
(5)
No residential rental unit occupancy permit shall be issued unless
the residential rental unit is an authorized use pursuant to zoning
and until all other applicable provisions and requirement of the Code
of the Village of Owego and all other applicable laws, rules and regulations
are complied with and met.
(6)
No owner or owner's agent shall collect rents during any period
of noncompliance with the provisions of this part which would otherwise
be due and owing for the rental of premises unless and until he or
she shall have complied with the provisions herein. Nothing herein
shall be construed to prevent an owner or owner's agent, upon
receipt of a residential rental unit occupancy permit, from receiving
the equitable value of the occupancy of the premises from the earliest
date of occupancy, but in no event shall any recovery of rents be
in excess of the agreed rent.
(7)
These provisions shall not apply to owner-occupied single-family
dwellings and dwellings designed and used exclusively for occupancy
as hotels, motels, transient homes or establishments of like nature.
The Code Enforcement Officer may cause to be issued, at his/her discretion, a temporary residential rental unit occupancy permit following an initial inspection, and compliance with the minimum standards as set forth in § 162-7C herein, which temporary residential rental unit occupancy permit shall be subject to review and shall be revocable at the discretion of the Code Enforcement Officer. No temporary residential rental unit occupancy permit may be issued in cases where fire safety is involved, such as defective electrical wiring, the absence of either an operating smoke detector or a carbon monoxide detector where required or improper or inadequate means of egress, and other conditions of like nature.
A.
As a precondition to the issuance of any residential rental unit
occupancy permit, the landlord, owner or agent of said rental property
must supply the Village of Owego with a property insurance binder
and/or certificate of insurance indicating that there is fire and
liability insurance coverage for the property, which is subject to
the residential rental unit occupancy permit. Said insurance binder
and/or certificate of insurance shall list the Village of Owego as
a certificate holder for notice of cancellation purposes. If, during
the term of a rental agreement, said insurance is cancelled and not
renewed, then the residential rental unit occupancy permit for said
property shall be deemed null and void for the purpose of this section
of the article.
B.
Prior to the issuance of any residential rental unit occupancy permit
within the Village of Owego, any and all landlords/property owners
must designate an agent of at least 21 years of age, who resides in
the Village of Owego, to accept legal service on behalf of the property
owner/landlord. Prior to the issuance of any residential rental unit
occupancy permit, the property owner/landlord must provide such information
to the Code Enforcement Officer. Said information must include the
name, address and telephone number of such designated agent. All service
of process in the event that said property owner/landlord needs to
be served or given notice by the Village of Owego shall be deemed
sufficient service for the purpose of the Village of Owego Code if
the Village of Owego serves the landlord/property owner or his or
her designated agent.
The Code Enforcement Officer shall, in his or her discretion,
determine the severity of any code violations following an inspection.
If a property owner is cited with a code violation, the Code Enforcement
Officer will notify the owner, landlord or designated agent of the
violation and provide the landlord with a reasonable amount of time
in which to make repairs. This provision does not apply to emergency
situations or code infractions deemed to be imminent hazards to the
public health, safety and welfare. If the violations are not corrected
by the reinspection date, an appearance ticket may be issued, and
a court appearance will be required.
Whenever a notice of violation as provided in § 162-10 has not been complied with, or the determination has been made that a rental property or residential rental unit(s) is unsafe, unfit for human occupancy, unlawful or an imminent hazard, the Code Enforcement Officer may order the rental property or residential rental unit(s) to be vacated within such reasonable time as the Code Enforcement Officer shall direct.
No such rental property or residential rental unit(s) previously
ordered to be vacated shall be used again for human occupation until
written approval and a residential rental unit occupancy permit is
secured from the Code Enforcement Officer.
The Village of Owego reserves the right to revoke or suspend
any residential rental unit occupancy permit at any time due to violations
of any other codes, laws, rules and regulations of New York State
and the Village of Owego.
Any person, firm or corporation who violates, disobeys, neglects or refuses to comply with the provisions of § 162-7 and/or § 162-9 of this article shall be guilty of a violation and shall be subject to a fine of not less than $250 nor more than $1,000. Each week a violation continues shall be deemed a separate offense.
All fines and penalties shall be paid prior to the issuance
of any residential rental unit occupancy permit.
The Village of Owego Board of Trustees may periodically amend
administrative rules, procedures and other provisions of this article.
