A rental property shall only be used and occupied as a dwelling unit as defined in § 134-2.
A.
No rental property shall be occupied by tenants unless such property
has a current property registration and rental permit.
[Amended 7-26-2021 by L.L. No. 3-2021]
B.
An inspection shall be made by the Code Enforcement Officer according to the schedule listed in § 134-4E. Either a rental permit, renewal rental permit or a notice of violation shall be issued within five days from the date of such inspection.
[Amended 7-26-2021 by L.L. No. 3-2021]
(1)
Any
nonemergency violations that cannot be completed because of weather
constraints may be granted a time extension by the Code Enforcement
Officer. If during a scheduled inspection of a rental property the
Code Enforcement Officer observes violations which create an imminent
risk to health, safety or welfare of the occupants or to the community,
the Code Enforcement Officer may pursue condemnation of the premises.
At such time an order to remedy will be issued and violations stated
within this order shall be corrected immediately.
C.
A transient rental is prohibited.
D.
The owner(s) and tenant(s) shall ensure that all applicable parking
regulations provided for in the Village of Potsdam Code are satisfied.
E.
The rental property shall only be occupied or otherwise utilized
in accordance with the rental permit issued for that unit or units.
G.
Dumpsters and other trash receptacles shall be prohibited in the
required front yard and right-of-way, except for scheduled pickups.
The Code Enforcement Officer is authorized to approve additional site-specific
conditions associated with dumpsters and their screening facilities
for rental properties regulated under this chapter. Any such conditions
shall be in writing and attached to the rental permit.
H.
Retaliatory actions.
[Amended 7-26-2021 by L.L. No. 3-2021]
(1)
No
person shall institute or maintain an action for eviction because
the occupant has reported a violation of this section or a related
provision of the Village of Potsdam local law to the Code Enforcement
Officer or other Village employee.
(2)
No
person shall cause any service, facility, equipment or utility required
under this section to be removed, shut off or disconnected in retaliation
for a complaint.
A.
The Code Enforcement Official and Village personnel who are engaged
in the enforcement of the provisions of this chapter are authorized
to make or cause to be made inspections to determine the condition
of rental properties to safeguard the health, safety, and welfare
of the public. The Code Enforcement Official and Village personnel
who are engaged in the enforcement of the provisions of this chapter
are authorized to enter upon any rental property, with the consent
of the owner or managing agent if the rental property is unoccupied
or upon consent of the occupant if the rental property is occupied.
B.
An inspection shall be made by the Code Enforcement Officer according to the schedule listed in § 134-4E. Either a rental permit, renewal rental permit or a notice of violation shall be issued within five days from the date of such inspection.
C.
After the initial inspection period, future inspections shall be
made in the order that applications for rental permit renewal compliance
are received, with the results issued within five days of such inspection.
D.
There shall be an inspection made on any new or altered rental unit
prior to occupancy.
E.
Failure of an owner or managing agent to obtain the inspection(s) required within 30 days of written notification from the Code Enforcement Officer of such inspection shall constitute a violation and be subject to the penalties prescribed under § 134-18 of this chapter.
F.
A reinspection may be conducted at any time during the period of
the rental permit with a minimum of three days' notice to the owner
or his or her agent or less if deemed necessary by the Code Enforcement
Officer, in the case of an emergency. Such reinspection shall have
the same force as the original inspection, and if a violation is found,
it shall cause such premises to be vacated or the violation remedied
to the satisfaction of the Code Enforcement Officer. If violations
are found during the inspection, such violations shall be corrected
or the dwelling unit vacated within a period of time ranging from
10 days to six months, depending on the severity of the violation
and the physical requirements necessary to remedy such violation,
as determined by the Code Enforcement Officer, consistent with New
York State Building Construction Codes.
G.
The inability to do an inspection caused by failure of the owner
or managing agent to arrive at a scheduled inspection shall be considered
a reinspection for the purpose of fee calculation.
The Code Enforcement Official and Village personnel who are
engaged in the enforcement of the provisions of this chapter are authorized
to make application for the issuance of a search warrant in order
to conduct an inspection of any rental property where the owner or
tenant refuses or fails to allow an inspection of its premises and
where there is reasonable cause to believe that a violation of this
chapter has occurred. The application for a search warrant shall in
all respects comply with the applicable laws of the State of New York.
A.
The Code Enforcement Officer shall revoke a rental permit in writing,
specifying violations, when he or she finds that the permit holder
has caused, permitted, or allowed to exist and remain upon the rental
property, or units within such property, a violation of any provision
of the Code of the Village of Potsdam or the NYS Property Maintenance
Code for a period of 14 days or more after written notice has been
given to the permit holder or managing agent (if any), and tenant
of such rental property (if any).
B.
The permit holder may appeal such revocation to the Village of Potsdam
Zoning Board of Appeals by written request within 30 days from the
date of such revocation. The Zoning Board of Appeals shall hold a
public hearing on such appeal within 20 days after the receipt of
written notice of such appeal and, after such hearing, shall make
written findings and a decision either sustaining such permit revocation
or reinstating such permit within 15 days after the close of such
public hearing.
[Amended 7-26-2021 by L.L. No. 3-2021]
A.
The presence or existence of any of the following shall create a
presumption that a dwelling unit is being used as a rental property:
(1)
The property is occupied by someone other than the owner or his/her
immediate family.
(2)
Voter registration, motor vehicle registration, driver's license,
or any other document filed with a public or private entity that states
that the owner of the rental property resides at an address other
than the rental property in question.
(3)
Utilities, cable, phone or other services are in place or requested
to be installed or used at the premises in the name of someone other
than the owner.
(4)
Persons residing in the dwelling unit represent that they pay rent
to occupy the premises.
(5)
Any dwelling unit that has been published as being available for
rent.
B.
The foregoing may be rebutted by appropriate evidence presented to
the Code Enforcement Officer or any court of competent jurisdiction.
It shall be presumed that a single- or one-family dwelling unit
is occupied by more than one family if any two of the following features
are found to exist on the premises:
A.
More than one mailbox, mail slot or post office address.
B.
More than one gas meter.
C.
More than one electric meter annexed to the exterior of the premises.
D.
More than one doorbell or doorway on the same side of a dwelling
unit.
E.
More than one connecting line for cable television service.
F.
More than one antenna, satellite dish or related receiving equipment.
G.
More than three waste receptacles, cans, containers, bags or boxes
containing waste from the premises are placed for pickup at least
once weekly in the garbage pickup area.
H.
There are separate entrances for segregated parts of the dwelling.
I.
There are partitions or internal doors, which may serve to bar access
between segregated portions of the dwelling, including but not limited
to bedrooms.
J.
There exists a separate written or oral lease or rental arrangement,
payment or agreement for portions of the dwelling among the owner
or occupants and/or persons in possession thereof.
K.
Any occupant or person in possession thereof does not have unimpeded
and/or lawful access to all parts of the dwelling unit.
L.
Two or more kitchens, each containing one or more of the following:
a range, oven, hotplate, microwave or other similar device customarily
used for cooking or preparation and/or a refrigerator.
A.
It shall be presumed that an owner of a rental property does not
reside within said rental property if any of the following sets forth
an address other than that of the rental property:
B.
The foregoing may be rebutted by appropriate evidence presented to
the Code Enforcement Officer or any court of competent jurisdiction.
A.
Fees in amounts set by resolution of the Board of Trustees of the
Village of Potsdam shall be levied for the following:
B.
No fee shall be levied if the dwelling is exempt from the requirements
for inspection under the provisions of this chapter.
A.
A violation of any of the provisions of this chapter shall be punishable
by a fine not to exceed $500 for the first offense, a fine not to
exceed $1,000 for the second offense and a fine not to exceed $2,500
and 15 days in the St. Lawrence County Jail for the third and all
subsequent offenses.
B.
Each and every day that a violation exists shall be deemed to constitute
a separate and distinct violation.
C.
Where authorized by a duly adopted resolution of the Village of Potsdam,
the Village Attorney may bring and maintain a civil proceeding, in
the name of the Village, in Supreme Court, to permanently enjoin the
person or persons conducting, maintaining or permitting said violation.
The owner of the residence wherein the violation is conducted, maintained,
or permitted may be made defendants in the action.
[Added 7-26-2021 by L.L. No. 3-2021]
Should any section or provision of this chapter be declared
by the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the chapter as a whole or any part thereof
other than the part so declared to be unconstitutional or invalid.
