[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.
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.
A.
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.
B.
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.
A.
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).
B.
Such application shall be filed and shall include the following:
(1)
The name, address and telephone number of the owner of the dwelling
or dwelling unit intended for rental occupancy.
(2)
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.
(3)
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.
(4)
A copy of the certificate of occupancy or certificate of compliance
for the dwelling or dwelling unit.
(5)
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.
C.
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.
D.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
If unsatisfied, the Code Enforcement Officer shall deny a permit
and may issue a written statement setting forth the reasons for the
denial.
A.
All permits issued pursuant to this chapter shall be valid for a
period of two years from the date of issuance.
B.
Renewals.
(1)
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.
(2)
A renewal rental occupancy permit application shall contain a signed
statement setting forth the following:
(a)
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
(b)
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.
A.
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.
B.
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.
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:
(1)
Fraud, misrepresentation or a false statement as to a material fact
in the application;
(2)
A finding that a rental occupancy permit was issued in error and
not in accordance with applicable law.
(3)
A violation of any provisions of this Code.
(4)
Three or more nuisance abatements have been conducted by the Village
within a one-year period.
(5)
A determination that the dwelling unit or premises is a public nuisance
as defined by the Village of Delhi Code.
(6)
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.
B.
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.
C.
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.
A.
This chapter shall become effective 30 days after filing with the
Secretary of State.
B.
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:
(1)
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
(2)
Has not received a final determination from the Code Enforcement
Officer on the application for reasons beyond the control of the applicant.
C.
An owner shall have presumptive knowledge of this chapter upon adoption
and publication.
