[Adopted 9-6-2011 by L.L. No. 2-2011]
This article shall be known as the "Registration and Inspection
of Rental Properties."
As used in this article, the following terms shall have the
meanings indicated:
AGENT
A representative of a property owner who shall actually reside
and be domiciled within the designated boundaries of Onondaga, Oswego,
Jefferson or Cayuga County and shall be legally authorized in a signed
and notarized writing by the property owner delivered to the Village
not less than 30 days from the due date of registration and identified
in such correspondence to the Village to act in the property owner's
behalf in matters regarding (a) the rental unit(s). Upon application
to the Village Board an agent outside of such areas may be designated
provided that the Village Board makes a reasonably based finding based
upon the information provided by the applicant, that the past history
of the rental unit, other rental units of the applicants, and/or such
applicants' business reputation is such that it appears likely
that the rental unit can be properly managed even though such agent
is not within the counties named herein. The Village shall maintain
a form for such purposes and such form shall be the official executed
and delivered authorization form required hereunder. Permission for
any such outside agent designation may be revoked by the Village Board
of Trustees, upon recommendation of the Code Enforcement Officer,
if subsequent to such designation violations occur which are not cured
within the allotted time, or activity(ies) constituting a crime or
public nuisance are determined by the Board of Trustees, upon consideration
with the Code Enforcement Officer, to be conducted in the rental unit
as a result of the absence of by reasonable property owner oversight.
CODE ENFORCEMENT OFFICER
A staff member of, or appointed, employed or retained by,
the Village of Phoenix for the purpose of enforcement of this article,
including without limitation the Village Code Enforcement Officer,
or other person, including third-party independent contractors.
OCCUPANCY (OCCUPYING, OCCUPIED or OCCUPY)
The act, state, or condition of being or becoming a tenant,
licensee, squatter, or being or living in, taking up quarters or space
in or on, or being in possession of all or part of any real property.
OCCUPANT
Any person who is in occupancy of all or part of any real
property.
PROPERTY OWNER
Any owner of real property or other person who offers, contemplates,
or is able to offer a rental unit for occupancy to anyone other than
the owner. Property owner shall include the title or equitable owner,
mortgagee or receiver/referee in possession or control of the property,
landlord, rental or management agent or any other person or entity
in apparent ownership, management, or control of the real property.
A property owner's designated agent (as such term is defined
hereunder) shall be deemed the property owner for all purposes hereunder.
RENTAL PERMIT
A (final) permit issued by the Village of Phoenix stating
that the referenced rental unit, to the best of the Village's
knowledge and belief, conforms to the standards of the New York State
Uniform Fire Prevention and Building Code and the Code of the Village
of Phoenix and that the structure or rental unit is permitted for
occupancy use. Any special circumstances or conditions under which
occupancy is permitted may be specified on such rental permit.
RENTAL UNIT
Any real property, or part thereof, occupied, intended to be occupied, or able to or contemplated for occupancy by persons, businesses or other commercial enterprises other than the owner and their immediate family within or on the premises or part thereof whether or not such occupancy or intended occupancy is in consideration of a rental or similar payment. Each separate occupied, possessed, or separable living or working unit within a parcel of real property is considered a separate rental unit, all and each of which are subject to the provisions hereof. A unit contained within a one- to four-family dwelling occupied by an owner's immediate family for no rental payment or similar consideration shall not be deemed a rental unit for purposes hereof. Any unit claimed by the owner to not be a rental unit, and therefore exempt from the provisions hereof, shall be supported by the sworn statement described at §
148-3B.
TEMPORARY RENTAL PERMIT
The temporary permit issued upon initial registration pending a satisfactory inspection and issuance of a rental permit, all as per §
148-3.
UNSAFE RENTAL UNIT
When a rental unit is found to be unsafe, unfit for human
occupancy or found otherwise unlawful including in violation of any
federal, New York State, Oswego County or Village of Phoenix law,
regulation or code relating to the condition, use or occupancy of
the unit.
VILLAGE
The Village Board of Trustees, or the Village Mayor where
such authority is vested in the Mayor.
The Village of Phoenix reserves the right to revoke or suspend
any rental permit at any time due to violations of any laws, codes,
ordinances, and regulations of New York State, County of Oswego or
the Village of Phoenix.
In the event of a refusal to cooperate with an inspection request,
after being provided reasonable notice, in the discretion of the Code
Enforcement Officer an administrative search warrant may be requested
from the courts and the Code Enforcement Officer may return with the
warrant and police personnel to make the inspection.
The Village of Phoenix Board of Trustees shall establish by
resolution and may periodically amend administrative rules, procedures,
fees and other provisions of this article.
In the event of any action or proceeding commenced by Village,
service by certified or registered mail, return receipt requested,
upon the property owner or agent, at the last designated address,
shall be deemed good and sufficient service and shall be legally sufficient
in lieu of any requirement of service of process under the New York
Civil Practice Law and Rules or Real Property Actions and Proceedings
Law. The Village shall be reimbursed for the expenses (including without
limitation legal fees, costs and disbursements incurred) of such action
or proceeding commenced by direction of the Village Board and in addition,
for the costs of any mitigation, remediation, repair, replacement
or maintenance required hereunder or as a result of a violation of
any other Village Code provision pertaining to the rental unit or
premises of which it is part, plus a twenty-percent administration
cost, by assessment and levy upon the lots or parcel of land the rental
unit is situate, and the expenses so assessed shall constitute a lien
and charge on the real property on which it is levied until paid or
otherwise satisfied or discharged and shall be collected in the same
manner and at the same time as other Village charges.
Whenever the Village has ordered the reimbursement for the costs of the work performed or services rendered as hereinabove provided in §
148-8 by assessment and levy upon the lot, parcel of lands within which the rental unit is situate and whereon such work was performed or such services rendered, the Village Clerk may cause a notice of intent to levy such costs and expenses against said lot or parcel of land in a form approved by the resolution of the Village Board from time to time hereinafter, to be recorded in the records of the Oswego County Clerk's Office in order that such notice shall be indexed against the said premises or parcels of land as notice to subsequent transferees or other acquiring any interest in said lot or parcel of land of the intention by the Village to assess and levy the amount of such expenses upon said lots or parcels of land. Any recorded fees of the Oswego County Clerk shall be included in the costs and expenses assessed and levied upon such lots or parcels. The failure of the Village Clerk to record such notice of intent to levy shall not, however, affect or impair the validity of any lien or assessment of such costs and expenses later imposed against such lots or parcels of land, the owner(s) hereof or any subsequent transferees or others acquiring any interest in such lots or parcels of land.
The Village Board of Trustees shall review such orders, requirements,
decisions or determinations of the Code Enforcement Officer hereunder
or otherwise interpret the provisions hereof, including without limitation
the extension of any allotted time upon request of the property owner
or Code Enforcement Officer. The property owner may request such an
interpretation or review of the written order, decision or determination
that was made by the Code Enforcement Officer by the Board of Trustees.
Such request must be made in writing no later than 60 days from the
date that a written order, decision or determination was made by the
Code Enforcement Officer or such interpretation issue otherwise arises.