The Board of Trustees of the Village of Delhi has determined
that there exist in the Village of Delhi issues arising from the rental
of dwelling units that may be substandard or in violation of the New
York State Uniform Fire Prevention and Building Code, the New York
State Multiple Residence Law, or other state or local codes; dwelling
units that are inadequate in size, overcrowded and dangerous, that
tend to promote or encourage deterioration of the housing stock of
the Village, create blight, excessive vehicular traffic and parking
problems and that tend to overburden municipal services. The Board
of Trustees finds that the Village has transient residents, many of
whom occupy rental housing within the Village and whose members have
generated a disproportionate number of complaints of public nuisances,
including, but not limited to noise, property damage, and property
neglect. The Board of Trustees further finds that current Village
Code provisions must be enforced to halt the proliferation of such
conditions and that the public health, safety, welfare, good order
and governance of the Village will be enhanced by enactment of the
regulations set forth in this chapter, which regulations are remedial
in nature and effect. The intent of the local law is to preserve the
health, safety and welfare of the residents of the Village by maintaining
a registration accountability system.
As used in this chapter, the following words shall have the
meanings indicated:
AGENT
Any person 18 years of age or older, organization, partnership,
association or other legally recognized entity having actual or apparent
authority to act on behalf of an owner regarding this chapter and
all state and local rules, regulations and ordinances referenced herein
or who has the authority to make decisions regarding the management
or maintenance of any and all dwellings and dwelling units owned by
the owner. It shall be a rebuttable presumption that any person eighteen
years of age or older, organization, partnership, association, corporation
or other legally recognized entity that accepts or receives rent or
any other consideration from the occupant of a dwelling is an authorized
agent.
DWELLING UNIT
A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, seating, cooking and sanitation. For the purposes of this chapter, a dwelling unit shall include a complete independent living facility located above or in a private garage or public garage (as those terms are defined by §
300-7 of this Code).
DWELLING
Any building that contains one or more dwelling units used,
intended, or designed to be built, used, rented, leased, let or hired
out to be occupied, or that are occupied, for living purposes.
OWNER
The owner or owners of the freehold of the premises or lesser
estate therein, a mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee or agent.
A rental occupancy permit issued pursuant to this chapter is
transferable to any person who has acquired ownership of a registered
dwelling or dwelling unit for the unexpired portion of the two-year
term for which it was issued, provided that an application to transfer
such permit is filed with the Code Enforcement Officer within 30 days
of title transfer and the dwelling and each dwelling unit therein
are in compliance with Village of Delhi local laws or ordinances pertaining
to the property.
It shall be the duty of the Office of the Village Clerk to maintain
a register of permits issued pursuant to this chapter.
Upon a finding by the Code Enforcement Officer that a rental
dwelling or dwelling unit has violated any provisions of this chapter,
the Code Enforcement Officer shall give notice to the owner or designated
agent to correct said violation within 24 hours of receipt of said
notice by the owner or designated agent. Upon failure to correct said
violation within 24 hours, the Code Enforcement Officer may revoke
the owner's permit issued pursuant to this chapter. The Code
Enforcement Officer shall, in his/her judgment, give a violator reasonable
time to repair or correct any violation of any provision of this chapter.
A person or owner found in violation of this chapter shall be
subject to a fine not exceeding $250 or imprisonment for a term not
exceeding 15 days, or both. Each day that such violation continues
shall constitute a separate violation.
Should any section, paragraph, sentence, clause or phrase of
this local law be declared unconstitutional or invalid for any reason,
the remainder of said local law shall not be affected thereby.