[HISTORY: Adopted by the Board of Trustees of the Village
of Solvay 6-17-2008 by L.L. No. 7-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 89.
The purpose of this chapter is to establish a uniform program
for the registration and inspection of residential rental properties
within the Village in an effort to help protect and safeguard the
rights, health, safety and welfare of landlords and tenants. Also,
the intent of the program is to insure proper maintenance of the residential
rental housing stock through the participation of owners, tenants,
the Village, and the community at large by adopting a program of annual
building inspections and registration.
As used in this chapter, the following terms shall have the
meanings indicated:
A representative of the property owner or landlord at least
18 years old who resides within the designated boundaries of Onondaga.
Madison, Oswego, Cortland or Cayuga County, who is legally authorized
and designated in writing by the property owner to the Village as
being authorized to act on the property owner's behalf in matters
regarding the rental units regulated hereunder.
The Code Enforcement Officer of the Village.
A person or firm appointed, employed or retained by the Village
for the purpose of enforcement of this chapter, including, without
limitation, the Village Codes Enforcement Officer and qualified personnel
as set forth elsewhere in this chapter.
The act, state or condition of being or becoming a Tenant,
licensee, squatter, or being or living in, taking up quarters or space
in or on, or being in possession of, all or part of any real property
used for residential purposes.
Any person who is in occupancy of all or part of any real
property used for residential purposes.
Any rental unit occupied by the property owner.
Any owner of real property used for residential purposes
or other person who offers, contemplates, or is able to offer a rental
unit for occupancy to anyone other than the owner. "Property owner"
shall include the title or equitable owner, mortgagee, or receiver/referee
in possession or control of the property, landlord, rental or management
agent, or any other person or entity in apparent ownership, management
or in control of the real property. A property owner's designated
agent (as defined herein) shall be deemed the property owner for all
purposes hereunder.
Any real property, or part thereof, occupied, intended to
be occupied, or able to or contemplated for occupancy by persons,
for residential purposes, other than the owner and his/her immediate
family within, or on the premises thereof, whether or not such occupancy
or intended occupancy is in consideration of a rental or similar payment.
Each separate occupied, possessed, or separable living unit within
a parcel of real property is considered a separate rental unit, all
and each of which are subject to the provisions hereof. A unit contained
within a one- to four-family dwelling occupied by an owner's
immediate family for no rental payment or similar consideration shall
not be deemed a rental unit for purposes hereof. Any unit claimed
by the property owner to not be a rental unit, and therefore exempt
from the provisions hereof, shall be supported by the sworn statement
described in this chapter.
A permit issued by the Village stating that the referenced
property and/or rental unit conforms to the standards of the Property
Maintenance Code and Fire Code of New York State, Life Safety Code,
and Municipal Code of Solvay, and that such structure or rental unit
is permitted for occupancy. Any special circumstances or conditions
under which occupancy is permitted may be specified on that rental
unit permit.
A temporary permit issued upon initial registration pending
a satisfactory inspection and issuance of a rental unit permit, as
provided herein.
Any person who occupies a non-owner occupied rental unit.
A rental unit found to be unsafe or unfit for human occupancy
or is found otherwise unlawful, including any violation of any federal,
New York State, Onondaga County or Village law, regulation or code.
Village of Solvay.
A.
Rules of registration. No rental unit shall be let, rented or occupied
by someone other than the property owner until a rental unit permit
has been obtained for that unit. A temporary rental unit permit will
be issued upon initial registration and that temporary rental permit
will be valid until an initial inspection is completed. After inspection,
the Village may issue the property owner a rental unit permit. Following
the adoption of this chapter, all rental unit occupancy shall be prohibited
without a rental unit permit, and rental unit occupancy without a
valid permit shall result in the issuance of an order to vacate to
the occupants of the rental unit.
B.
Rental permit. Following the adoption of this chapter, any property
owner who allows occupation of a residential dwelling unit within
the Village (including mixed-use property), must register for and
obtain a rental unit permit from the Village.
C.
All property owners must register with the Village within 45 days
of the adoption of this chapter, and each and every calendar year
or third year thereafter, as provided in this chapter, thereafter
on or before December 1, on a form provided by the Village. All fees
and the consent to inspect form shall be submitted with the registration
form, property owners whose primary residence is outside of Onondaga,
Madison, Oswego, Cortland, or Cayuga County must register an agent
on their behalf whose business or legal residence is in Onondaga,
Madison, Oswego, Cortland, or Cayuga County and is responsible for
the rental property. No vacant property shall be rented until a rental
unit occupancy permit is issued.
D.
Inspections. The Housing Inspector(s) shall be authorized, in the
performance of their duties, to conduct inspections of the exterior
and interior of properties or parts of properties, at such times and
in such manner as such Housing Inspector may find necessary, with
the consent of the occupant or property owner.
E.
Independent special inspections. As scheduled by the Housing Inspector
or as required by this chapter or other provisions of law where there
is a reasonable question of safety, property owners shall be responsible
for the inspection and testing of systems, materials and workmanship,
including the costs associated therewith, that are critical to the
integrity of the building structure and safety of tenants.
F.
Qualified personnel. Independent special inspections and tests shall
be made by qualified persons who, because of experience or education,
are recognized as competent by the Codes Enforcement Officer. Reports
of inspections and tests signed by the tester and a witness, together
with a statement of any remedial measures to be taken, shall be filed
with the Code Enforcement Officer within 10 days after each inspection
and test. If any equipment or system is found to be defective or not
in proper operating condition upon inspection or test, the property
owner shall promptly remedy such defect or condition.
G.
Notice of violations. The Codes Enforcement Officer shall, in his/her
discretion, determine the severity of any code violations following
an inspection. If a property owner and/or occupant is cited with a
code violation, the Code Enforcement Officer shall notify the property
owner of the violation and provide the property owner with a reasonable
amount of time in which to make repairs. If the violations are not
corrected by the reinspection date, an appearance ticket may be issued
and a court appearance will be required and/or the temporary rental
permit may be revoked. The Codes Enforcement Officer may grant reasonable
time extensions to cure a violation upon the request of the property
owner made prior to the expiration date, provided that the property
owner has previously acted in such period diligently and in good faith
to cure the same.
H.
Order to vacate premises. Whenever a notice of violation has not
been complied with, or the determination has been made that a property
or rental unit(s) is unsafe, unfit for human occupancy, unlawful or
serious in nature, the Codes Enforcement Officer may order the rental
property or rental unit(s) to be vacated within such reasonable time
as the Codes Enforcement Officer shall direct.
I.
Approval to occupy. No such rental unit(s) previously ordered to
be vacated shall be occupied until a new rental permit is secured
from the Codes Enforcement Officer.
J.
Rental unit permit term. The term of a rental unit permit shall be
three years from the inspection date.
The Village reserves the right to suspend any rental permit
at any time due to violations of any laws, codes, ordinances and regulations
of New York State, County of Onondaga, or the Village.
Registration and inspection fees shall be set from time to time
by resolution of the Village Board of Trustees. Failure to pay registration
and inspection fees within 30 days of any annual registration date
will result in the charges being levied against and added as an additional
tax upon the subject property.
Any person, firm or corporation who violates, disobeys, neglects
or refuses to comply with any of the terms of this chapter shall for
jurisdictional purposes only be guilty of a misdemeanor and be subject
to a fine of not more than $1,000. Each week a violation continues
shall be deemed a separate offense.
All fees and penalties, unless and until levied as an additional
tax upon the subject property, shall be paid prior to the issuance
of any rental unit permit.
In the event of a refusal to cooperate with an inspection request,
after being provided with reasonable notice, an administrative search
warrant will be requested from the courts and the Housing Inspector
will return with the warrant and law enforcement personnel to make
the inspection.
In the event any action or proceeding is commenced by the Village,
service by certified mail, return receipt requested, upon a property
owner or agent shall be deemed good and sufficient service and shall
be legally sufficient in lieu of any requirement of service of process
under the New York Civil Practice Law and Rules or Real Property Actions
and Proceedings Law. For purposes of this notice, the last available
tax records of the Village shall be determinative of property ownership
and the address for service. The Village shall be reimbursed for the
cost of such action or proceeding and, in addition, for the costs
of any litigation, mediation, repair, replacement, or maintenance
required hereunder or as a result of a violation of any other Village
Code provision, plus a thirty-percent administration cost by assessment
and levy upon the lots or parcels of land on which the rental unit
is situate. The expenses so assessed shall constitute a lien and charge
upon the real property on which it is levied until paid or otherwise
satisfied or discharged and shall be collected in the same manner
and at the same time as other Village taxes.
Whenever the Village has ordered the reimbursement of the cost
of the work performed or services rendered as hereinabove provided,
by assessment and levy upon the lot or parcels of lands whereupon
such work was performed or such services rendered, the Village Clerk
may cause a notice of intent to levy such costs and expenses against
said lots or parcels of land in a form approved by resolution of the
Village Board of Trustees to be recorded in the Onondaga County Clerk's
Office in order that such notice shall be indexed against said premises
or parcels of land as notice to subsequent transferees or others acquiring
any interest in said lots or parcels of land of the intention by the
Village to assess and levy the amount of such expenses upon said lots
or parcels of land. Any recording fees of the Onondaga County Clerk
shall be included in the costs and expenses so assessed and levied
upon such lots or parcels. The failure of the Village Clerk to record
such notice of intent to levy shall not affect or impair the validity
of any lien or assessment of such costs and expenses later imposed
against such lots or parcels of land, the property owner(s) hereof
or any subsequent transferees or others acquiring any interest in
such lots or parcels of land.
The property owner shall have the right to request a hearing
before the Village Board of Trustees for an interpretation, appeal
or review of the written order, decision or determination that was
made by the Code Enforcement Officer. Such request must be made in
writing no later than 30 days from the date that a written order,
decision or determination was made by the Code Enforcement Officer
or such interpretation issue otherwise arises. A hearing before the
Village Board of Trustees shall be timely held. The proceedings at
such hearing shall be reduced to writing and entered as a matter of
the public record in the Office of the Village Clerk.
