[HISTORY: Adopted by the Board of Trustees of the Village
of Highland Falls 7-20-2009 by L.L. No. 6-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building Code Enforcement Officer — See Ch. 8.
Building construction — See Ch. 70.
Numbering of buildings — See Ch. 74.
Unsafe buildings — See Ch. 76.
Fair housing — See Ch. 91.
Housing standards — See Ch. 122.
Property maintenance — See Ch. 170.
[1]
Editor's Note: This local law provided an effective date of
1-1-2010.
A.
The Board of Trustees of the Village of Highland Falls finds and
determines that this chapter will help protect and safeguard the Village
of Highland Falls, its residents, property owners and property and
promote the general health, safety and welfare.
B.
The purpose of this chapter is to establish a registry of all rental
property, as defined herein, enabling the Village to identify persons
responsible for the care and management of such property in order
to assist the enforcement of local, state and federal laws and regulations.
C.
The registry will also help protect the public health, safety and
welfare by enabling fire, police, ambulance and Village officials
to more quickly and effectively respond to emergencies or potentially
unsafe conditions by providing a current index of rental properties,
the number of potentially occupied units within each property and
a local contact responsible for the maintenance of such properties.
D.
The provisions of this chapter shall apply to all property located
in the Village of Highland Falls.
For the purpose of this chapter, the following words and phrases
shall have the respective meanings set forth below:
Any individual or individuals, partnership or corporation,
similar type of business organization or proprietary interest, whether
or not for profit or otherwise, in whose name title to a building
is vested.
Includes all real property improved with a building or buildings
containing at least one residential unit that is either rented, leased,
let or hired out to be occupied. This definition shall not include
cooperative or condominium apartments.
A.
Registration. Every owner of rental property as defined herein shall
be required to register such property with the Building Department
on such form or forms as prescribed by the Village Board of Trustees
within a period of 60 days from the effective date of this chapter.
A new form shall be filed whenever there is a change in the information
provided. If there is a change in ownership, it shall be the responsibility
of the new owner to file such amended form within a period of 30 days
after taking title to the property.
B.
Registry fee. Upon submission of the registration form, the owner
shall also submit a registration fee. In addition, the owner shall
also submit a renewal registration fee on or before June 1 of each
year. The amount of said fee shall be determined by resolution of
the Board of Trustees and amended from time to time in the same manner.
A.
The information required on the registry form shall be determined
by resolution of the Village Board of Trustees and modified from time
to time in the same manner.
B.
The information required on the registry form may include, but not
be limited to, the following:
(1)
The name of owner(s), owner mailing address and telephone number
and emergency contact information, including telephone number.
(2)
The name, mailing address and telephone number of the agent, if any,
appointed by the owner for the purpose of service of process.
(3)
The name or names, titles, addresses and telephone numbers of any
responsible person(s) of the corporation, limited-liability company,
partnership or other business entity if ownership is held in a nonindividual
capacity.
(4)
The property address and the section, block and lot number of the
property as stated on the Tax Map of the Village of Highland Falls.
(5)
The number of residential buildings on each property, the number
of residential units within each building which may be occupied at
any one time and the number of bedrooms within each unit.
(6)
Identification of fire and other safety features of each building,
including but not limited to fire alarm systems, the location of fire
doors and stairwells, external fire escapes and any other safety features
of the building(s).
(7)
The name, address and telephone number of a local responsible person
over 21 years old, residing or doing business in the Village of Highland
Falls and/or the Town of Highlands, who shall be responsible for the
care and management of such property when the owner resides or has
its principal place of business outside of the Village of Highland
Falls and/or the Town of Highlands.
C.
The form shall be signed by the owner and his or her local responsible person, if any, identified in Subsection B(7) above, and witnessed by a notary public and shall contain the following declaration:
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"I certify that all information contained in this statement
is true and correct to the best of my knowledge and belief. I understand
that the willful making of any false statement of material fact herein
will subject me to the provisions of law relevant to the making and
filing of false instruments and shall constitute a violation of this
chapter."
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D.
It shall be the responsibility of each owner to timely notify the
Building Department whenever the information provided on the registry
form has become outdated or for any reason is no longer accurate by
filing an appropriately amended registration form within 30 days from
the change. It shall also be the responsibility of each owner to annually
recertify the information on the form.
A.
Failure to comply with any provision of this chapter, failure to
submit a complete and accurate registry form and/or providing false
information on the registry form shall be deemed a violation of this
chapter. This chapter shall be enforced by the Building Inspector
and Code Enforcement Officer.
B.
No certificate of occupancy shall be issued to a rental property
unless and until the owner has complied with the provisions of this
chapter.
C.
The enforcement officer shall serve notice of a violation personally
or by certified mail, return receipt requested, on the owner or agent
of the subject rental property.
D.
Such notice shall require removal of the violation and compliance
with this chapter immediately or, at the enforcement officer's discretion,
within a reasonable time.
E.
The enforcement officer shall be authorized to issue appearance tickets.
F.
Any person, including an owner as defined herein, who violates any
provision of this chapter shall be guilty of a violation and, upon
conviction thereof, shall be punishable by a fine in an amount of
no less than $250 or by a term of imprisonment of not more than 15
days, or both, for a first violation; in an amount of not less than
$250 nor more than $700 or a term of imprisonment of not more than
15 days, or both, for a second violation committed within a period
of five years of the first violation; and in an amount of not less
than $700 nor more than $1,000 or a term of imprisonment of not more
than 15 days, or both, for a third and each subsequent violation committed
within a period of five years of the first violation. Each day that
a violation of or failure to comply with any provision of this chapter
occurs shall constitute a separate and distinct violation.
G.
Civil penalties.
(1)
In addition to and not in lieu of the above, any person, including
an owner as defined herein, who violates any provision of this chapter
shall be liable to the Village for a civil penalty in an amount of
no less than $250 for a first violation; in an amount of not less
than $250 nor more than $700 for a second violation committed within
a period of five years of the first violation; and in an amount of
not less than $700 nor more than $1,000 for a third and each subsequent
violation committed within a period of five years of the first violation.
Each day's continued violation shall constitute a separate and distinct
violation.
(2)
Civil penalties may be ordered in any action or proceeding by any
court of competent jurisdiction, including but not limited to state
and federal courts. All penalties shall be paid to the Village.
(3)
The judgment amount of any civil penalty ordered pursuant to this
section, if not paid, may be assessed and levied against the real
property which is the subject of the penalty and collected in the
same manner as a real property tax.
H.
In addition to and not in lieu of the remedies authorized above,
the Board of Trustees or the Building Inspector or Code Enforcement
Officer may institute any appropriate action or proceeding to prevent,
restrain, enjoin, correct or abate any violation or threatened violation
of this chapter or to enforce any provision of this chapter.
