[Adopted 8-10-2010 by L.L. No. 3-2010]
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.
A. 
All rental dwelling units as defined in Article I herein shall be inspected and certified by the Village of Scotia Fire Department, which shall determine compliance with, administer and enforce all applicable provisions of the New York State Uniform Fire Prevention and Building Code and this article. Rental dwelling unit occupancy permits shall be valid for 36 months from the date of issuance.
B. 
Except as otherwise provided herein, it shall be unlawful and a violation of this article to rent, lease or otherwise allow the occupancy of any rental dwelling unit without the inspection and certification as required herein.
C. 
If upon inspection said premises does not comply with all applicable provisions of the New York State Uniform Fire Prevention and Building Code, the particular reasons for noncompliance shall be specified in writing and a time limit not to exceed 30 days shall be directed for the correction of the deficiencies noted. The notice of noncompliance shall be delivered personally or sent by registered or certified mail within five business days to the owner, agent or person in charge at the address set forth in the rental dwelling registry and to any occupant who so requests. Occupants or proposed occupants of rental dwelling units shall have the right to review the certificate of occupancy of the rental dwelling unit.
D. 
On or after September 1, 2010, the Fire Department shall have the right to inspect all or any part of the rental dwelling units, including any unit or apartment, or entire multiple residence as required herein to issue an initial permit, reissue a permit and/or upon complaint, to investigate said complaint, except that the owner, agent or person in charge thereof shall have the right to insist upon the procurement of a search warrant from a court of competent jurisdiction by the Fire Chief or his designee, in order to enable such inspection. The owner, agent or person in charge shall be present at such inspection. The inspection officers charged with conducting the inspection pursuant to this article shall be required to obtain a search warrant whenever an owner, agent or person in charge refuses to permit a warrantless inspection of the premises after having been advised that he or she has a constitutional right to refuse entry of the inspection officer without a search warrant.
E. 
The Fire Department shall make such inspection, access and circumstances permitting, within five business days of receipt of a request from the owner, agent or occupant or based upon a complaint.
F. 
An owner, agent or occupant may file with the Fire Department a request for such inspection and the issuance of a rental dwelling unit occupancy permit by regular mail or in person at the Fire Department.
G. 
Nothing in this article shall be construed to limit the right of the Fire Department to inspect any property at any time. If after issuing a rental dwelling unit permit, there is a complaint, the Fire Department shall make a good faith effort to notify the owner or agent of the complaint by either telephone or regular mail, before conducting an inspection under this article, and shall provide to the owner or agent one working day from the date the owner or agent receives the notice to explain what steps the owner or agent is taking to correct the violation. The Department may take steps necessary, by inspection or other means, to assure that the violation is corrected.
H. 
No rental dwelling unit occupancy inspection or permit shall be issued under this part unless and until the required fees under this article are paid in full.
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.
A. 
The following schedule of fees shall apply with respect to the inspection and certification of rental dwelling units:
(1) 
Initial issuance and reissuance of permits of rental dwelling units shall be $25 per unit and $10 for each additional unit in the same building inspected at the same time as the initial unit.
(2) 
Any and all subsequent reinspection(s) necessary to determine compliance with required corrective action or repairs shall be subject to no charge for the first two inspections and $20 per reinspection thereafter;
(3) 
Failure to appear within 15 minutes of a scheduled inspection ("no show") shall result in a fee of $20 per unit.
(4) 
Cancellation of a scheduled inspection less than 24 hours before that scheduled inspection ("late cancellation") shall result in a fee of $20 per unit.
(5) 
Cancellation of a scheduled inspection for the unit more than once or after a "no show" ("second cancellation") shall result in a fee of $20 per unit.
B. 
Fees prescribed under this section for failure to appear at and cancellation of a scheduled inspection may be waived at the discretion of the administrator for good cause shown.
C. 
Should the above fees not be paid within 10 days after being notified of the costs thereof by mail by the Village Clerk-Treasurer, the Village Clerk-Treasurer shall file a certificate of such costs which shall be assessed upon said property in the preparation of the net assessment roll of the general Village taxes, and the same shall be levied, collected and enforced in the same manner and having the same lien upon the property as the general Village tax.
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.