The Board of Trustees has determined that there exist in the
Village of Scotia serious conditions arising from the rental of dwelling
units that are substandard or in violation of the New York State Uniform
Fire Prevention and Building Code and other codes of the Village,
that are inadequate, that pose hazards to life, limb and property
of residents of Village and others, that tend to promote or encourage
deterioration of the housing stock of Village and that create blight.
The Board finds that current Code provisions are inadequate to halt
the proliferation of such conditions and that the public health, safety,
welfare, and good order of the Village will be enhanced by enactment
of this article.
No owner, agent or person in charge shall collect rents which
would otherwise be due and owing for the rental of premises unless
and until he or she has complied with the provisions herein. Nothing
herein shall be construed to prevent a landlord, upon receipt of the
residential occupancy permit, from receiving the equitable value of
the occupancy of the premises from the earliest date of occupancy,
but in no event shall a landlord recover in excess of the agreed rent.
The provisions of this article shall not apply to dwellings
designed and used exclusively for occupancy as hotels, motels, transient
homes or establishments of like nature.
The Fire Department may cause to be issued at its discretion
a temporary occupancy permit following an initial inspection, which
temporary occupancy permit shall be subject to review and revocable
at the discretion of the Fire Department. No temporary occupancy permit
may be issued in cases where fire safety is involved, such as defective
electrical wiring, the absence of either an operating smoke detector
or a carbon monoxide detector where required, or improper or inadequate
means of egress and other conditions of like nature.
Any person, firm or corporation violating any provision of this
Article shall, upon conviction thereof, be punishable by a fine of
not more than $500 or imprisonment for a term not to exceed 15 days,
or both.
If any provision, clause, sentence, or paragraph of this article
or the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this article.