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:
AGENT
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.
HOUSING INSPECTOR
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.
OCCUPANCY (OCCUPYING, OCCUPIED, or OCCUPY)
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.
OCCUPANT
Any person who is in occupancy of all or part of any real
property used for residential purposes.
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.
RENTAL UNIT
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.
RENTAL UNIT PERMIT
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.
TEMPORARY RENTAL PERMIT
A temporary permit issued upon initial registration pending
a satisfactory inspection and issuance of a rental unit permit, as
provided herein.
TENANT
Any person who occupies a non-owner occupied rental unit.
UNFIT 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.
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.