[HISTORY: Adopted by the Board of Trustees of the Village of Delhi 11-15-2010 by L.L. No. 10-2010. Amendments noted where applicable.]
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:
- 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).
- 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.
- 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.
Registration required. Upon this chapter becoming effective, it shall be unlawful and a violation of this chapter for any person or entity who or which owns a dwelling or dwelling unit in the Village to use, establish, maintain, operate, let, lease, rent or suffer or permit the occupancy and use thereof as a rental occupancy by someone other than the owner without first having obtained a rental occupancy permit from the Code Enforcement Officer of the Village as hereafter provided. Failure or refusal to procure a rental occupancy permit hereunder shall be deemed a violation.
Exceptions. The provisions of this chapter shall not apply to owner-occupied dwellings containing two or fewer dwelling units; hotels; motels; bed-and-breakfast establishments; hospitals; nursing homes; or other dwellings which offer or provide medical or nursing services if such dwellings are subject to state or federal licensing or regulations concerning the safety of the users, patients or tenants; a dwelling or dwelling unit owned or operated by a governmental agency or authority; or a dwelling or dwelling unit the use and occupancy of which is licensed or regulated by an agency of the State of New York.
An application for a rental occupancy permit for a rental dwelling or dwelling unit shall be made in writing to the Code Enforcement Officer on a form provided therefor. A rental occupancy permit application shall be made no less than 30 calendar days prior to the occupancy of the dwelling or dwelling unit(s).
Such application shall be filed and shall include the following:
The name, address and telephone number of the owner of the dwelling or dwelling unit intended for rental occupancy.
The street address and tax map designation (section, block and lot or lots) of the premises intended for rental occupancy or the premises in which the dwelling units intended for occupancy are located.
A description of each dwelling and dwelling unit intended to be established, used or occupied for rental occupancy in the premises, including the number of dwelling units, and the number of persons intended to be accommodated by and reside in each such dwelling and dwelling unit.
A copy of the certificate of occupancy or certificate of compliance for the dwelling or dwelling unit.
If the owner of a dwelling or dwelling unit resides or has his principal place of business located outside the County of Delaware, he is required to designate an agent who resides within a twenty-mile radius of Delhi for the service of process of any notices set forth in this chapter or for the service of process of a violation of this chapter. The agent's name, address and telephone number shall also be provided. The failure to provide and/or update the name, address and telephone number of an agent for service of process shall be deemed a violation of this chapter.
A floor plan depicting the location, use and dimension of each room situated within the dwelling and each dwelling unit shall be provided upon request of the Code Enforcement Officer.
A new application for a rental occupancy permit shall be filed whenever there is a change in any information provided in the original permit application. No additional fee will be required if the owner is registering a change under an existing valid rental occupancy permit.
Permit application fee. A nonrefundable permit application fee shall be paid upon filing an application for a rental occupancy permit, which shall be set by resolution from time to time by the Board of Trustees of the Village of Delhi.
Permit renewal fee. A nonrefundable permit renewal fee shall be paid upon filing an application for renewal and shall be set by resolution from time to time by the Board of Trustees of the Village of Delhi.
The Code Enforcement Officer shall review each application for completeness and accuracy and shall make an on-site inspection of the proposed rental dwelling and each dwelling unit.
If satisfied that the proposed rental dwelling and each dwelling unit, as well as the premises in which same are located, comply fully with all applicable laws of the state and local laws, ordinances, rules and regulations of the Village, and that such rental dwelling and each dwelling unit would not create an unsafe or dangerous condition, or create an unsafe or substandard structure as defined in the Village Code or create a nuisance to adjoining or nearby property, the Code Enforcement Officer may issue the permit or permits applied for.
If unsatisfied, the Code Enforcement Officer shall deny a permit and may issue a written statement setting forth the reasons for the denial.
All permits issued pursuant to this chapter shall be valid for a period of two years from the date of issuance.
A renewal rental occupancy permit application signed by the owner on a form provided by the Code Enforcement Officer shall be completed and filed with the Code Enforcement Officer no later than 60 days before the expiration of any prior valid rental occupancy permit. A renewal rental occupancy permit application shall contain a copy of the prior valid rental occupancy permit issued by the Code Enforcement Officer.
A renewal rental occupancy permit application shall contain a signed statement setting forth the following:
That there are no existing or outstanding violations or fines of any federal, state or county laws, rules or regulations or of any Village of Delhi local laws or ordinances pertaining to the property or any unpaid Village taxes; and
That there are no changes to any information as provided on the prior valid rental occupancy registration and application.
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.
Application for search warrant. The Code Enforcement Officer or his/her designated representative is authorized to make application to any court with appropriate jurisdiction for the issuance of a search warrant in order to conduct an inspection of any premises which is subject to this chapter, where the owner, agent or occupant of such premises refuses or fails to permit an inspection of such premises and where there is reasonable cause to believe that a violation of this chapter has occurred. Such application for a search warrant shall in all respects be made in conformance with and shall comply with the applicable laws of the State of New York and the United States.
Warrantless inspections and searches prohibited. Nothing in this chapter shall be deemed to authorize the Code Enforcement Officer or the duly authorized representative to conduct an inspection or search of any premises pursuant to this chapter without the consent of the owner, agent or occupant of the premises without a warrant duly issued by an appropriate court, except where such inspection or search may be permitted by law. Nothing in this chapter shall be deemed to limit the authority of the Code Enforcement officer or the duly authorized representative to conduct a search without a warrant where such search is authorized by law.
A rental occupancy permit issued pursuant to this chapter may be revoked by the Code Enforcement Officer for any one or more of the following reasons:
Fraud, misrepresentation or a false statement as to a material fact in the application;
A finding that a rental occupancy permit was issued in error and not in accordance with applicable law.
A violation of any provisions of this Code.
Three or more nuisance abatements have been conducted by the Village within a one-year period.
A determination that the dwelling unit or premises is a public nuisance as defined by the Village of Delhi Code.
Four or more police responses within a one-year period (police responses shall exclude responses for medical reasons, other than for medical complaints arising from acts which may constitute a penal law violation or crime) were necessary at the dwelling or any dwelling unit.
If any rental dwelling or dwelling unit meets any of the criteria set forth above, the Village may revoke the permit. Prior to such revocation, the Code Enforcement Officer shall serve on the owner or designated agent by first-class mail or personal service a notice of the Village's intent to revoke the permit. The notice shall specify the address of the potentially impacted dwelling unit; the grounds for the proposed revocation; and the date, time and place of a hearing to be conducted before a hearing panel consisting of a member to be appointed by the Code Enforcement Officer, a member to be appointed by the Chief of Police and a member to be appointed by the Village Board. The panel shall make a written recommendation to the Village Mayor for review and decision. The owner or designated agent may be represented by counsel, shall have the right to examine evidence and cross-examine any witnesses and shall be allowed to summon witnesses in his behalf. The Village shall have the burden of proving the grounds for revocation by a preponderance of the evidence.
Upon revocation of a permit, the dwelling(s) or dwelling unit(s) found to be in violation of this chapter shall be vacated after the Code Enforcement Officer provides notice to the owner or designated agent and the occupants of the dwelling(s) or dwelling unit(s) containing said violations. Such notice shall direct the owner or designated agent and occupants of the dwelling(s) or dwelling unit(s) to vacate within a period of time as determined by the Code Enforcement Officer and may provide a reasonable period for the owner or designated agent or occupants an opportunity to correct such violations. For the owner or designated agent, such notice shall be mailed by first-class mail or personally served upon the owner. For the occupants, such notice shall be mailed to the occupants at the dwelling(s) or dwelling unit(s) or posted conspicuously at the dwelling(s) or dwelling unit(s) of the occupant(s). Vacated dwellings or dwelling units shall not be reoccupied until a rental occupancy permit has been issued.
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.
This chapter shall become effective 30 days after filing with the Secretary of State.
No violation of this chapter shall be charged prior to the effective date of this chapter, and no violation of this chapter regarding failure to obtain a permit will be charged against a person or owner who:
Has filed the necessary application in proper form and in good faith, with all required information and attachments, on or before the effective date of this chapter; and
Has not received a final determination from the Code Enforcement Officer on the application for reasons beyond the control of the applicant.
An owner shall have presumptive knowledge of this chapter upon adoption and publication.