A.
Owners of premises shall be responsible for compliance
with the housing standards and shall remain responsible thereto regardless
of the fact that this Part 3 may also place certain responsibilities
on operators and occupants and regardless of any agreements between
owners and operators or occupants as to which party shall assume such
responsibility.
B.
Owners of premises shall be responsible for proper
maintenance, condition and operation of service facilities and for
furnishing adequate heat and hot water supply in dwelling units where
provided by the owner.
Lodging house operators shall be responsible
for compliance with the housing standards in regard to the following:
A.
Limiting occupancy to the maximum permitted by the
housing standards.
B.
Maintenance of safe and sanitary conditions in all
parts of lodging house premises.
C.
Maintenance and operation of all required service
facilities.
D.
Maintenance of all plumbing, cooking and refrigeration
fixtures and appliances within his control, as well as other building
equipment and facilities, in an operative, clean and sanitary condition.
E.
Sanitary maintenance of walls, floors and ceilings.
F.
Keeping exits clear and unencumbered.
G.
Disposal of building garbage and refuse in a clean
and sanitary manner.
H.
Extermination of insects, rodents or other pests on
the premises.
I.
Hanging and removing required screens.
[Added 8-1-2011 by L.L. No. 3-2011]
A.
Registration required. Every lodging house operator or owner of a
single-family or two-family dwelling unit with a lodger or lodgers,
as defined above, shall be required to register such property with
the Building Department on such form or forms as prescribed by the
Village Board of Trustees within a period of 60 days from the effective
date of this chapter.
B.
Registry fee. Upon submission of the registration form, the owner
shall also submit a registration fee. The amount of said fee shall
be determined by resolution of the Board of Trustees and amended from
time to time in the same manner.
C.
Registry form.
(1)
The information required on the registry form shall be determined
by resolution of the Village Board of Trustees and modified from time
to time in the same manner.
(2)
The information required on the registry form may include, but
shall not be limited to, the following:
(a)
The name of the owner, the owner's mailing address and telephone
number and emergency contact information, including telephone number.
(b)
The name, mailing address and telephone number of the agent,
if any, appointed by the owner for the purpose of service of process.
(c)
The names, titles, addresses and telephone numbers of any responsible
persons of any corporation, LLC, partnership or other business entity
of ownership of the lodging house or similar one- or two-family home
in a nonindividual capacity.
(d)
The property address and section, block, and lot number of the
property as stated on the Tax Map of the Village of Highland Falls.
(e)
For any lodging house, the number of bedrooms that may be occupied
at any one time.
(f)
Identification of fire and other safety features required for
each building, as relevant.
(g)
The name, address and telephone number of the local responsible
person over 24 years old, residing or doing business in the Village
of Highland Falls and/or Town of Highlands, who shall be responsible
for the care and management of such property when the owner resides
or has a principal place of business outside the Village of Highland
Falls and/or Town of Highlands.
(3)
The form shall be signed by the owner and his or her local responsible person, if any, and witnessed by a notary public and shall contain the following declaration: "I certify that all information contained in this statement is true and correct to the best of my knowledge and belief. I understand that the willful making of any false statement of material fact herein will subject me to the provisions of law relevant to the making and filing of false instruments and shall constitute a violation of Chapter 122 of the Village of Highland Falls Code."
(4)
It shall be the responsibility of each owner to timely notify
the Building Department whenever the information provided on the registry
form has become outdated or for any reason is no longer accurate by
filing an appropriately amended registration form within 30 days of
the change.
D.
Violations; penalties for offenses; remedies.
(1)
Failure to comply with any provision of this chapter, failure
to submit a complete and accurate registry form, and/or providing
false information on the registry form shall be deemed a violation
of this chapter. This chapter shall be enforced by the Building Inspector
and Code Enforcement Officer.
(2)
The Building Inspector or Code Enforcement Officer shall be
authorized to apply for an administrative search warrant to inspect
all dwellings subject to the provisions of this chapter.
(3)
No certificate of occupancy shall be issued to a lodging house
or any single-family or two-family dwelling having a lodger, unless
and until the owner has complied with the provisions of this chapter.
(4)
The enforcement officer shall serve notice of a violation personally
or by certified mail, return receipt requested, on the owner or agent
of the subject property. Such notice shall require the removal of
the violation and compliance with this chapter immediately or, at
the enforcement officer's discretion, within a reasonable time.
(5)
The enforcement officer shall be authorized to issue appearance
tickets.
[Added 8-1-2011 by L.L. No. 3-2011]
Any owner who, within 60 days of the effective date of the adoption
of this local law,[1] demonstrates to the Building Department that, on the effective
date of this chapter, such single-family or two-family dwelling owner
offered the premises to more than one lodger, said owner shall be
permitted to continue to let the rooms to the number of lodgers two
years from the date of such said certification. This two-year period
has been determined by the Board of Trustees of the Village of Highland
Falls to be sufficient to allow said lodger to find suitable alternative
accommodations and to allow the property owner to recoup any costs
associated with any improvements needed to make the room suitable
for lodgers.
[1]
Editor's Note: "This local law" refers to L.L. No. 3-2011.
[Added 8-1-2011 by L.L. No. 3-2011]
A.
Any owner of a property containing a single-family or two-family
dwelling currently housing more than one lodger per dwelling unit
may appeal to the Village of Highland Falls Board of Trustees for
relief from the provisions of this chapter to continue offering to
let the premises to more than one lodger if the property owner demonstrates
to the Board of Trustees that reducing the number of lodgers would
cause an undue hardship on said property owner.
B.
No relief shall be granted by the Board of Trustees unless the Board
of Trustees specifically finds that the house contains more than 3,500
square feet and more than five bedrooms predating the adoption of
this chapter and that the property on which the single-family or two-family
home is located contains ample parking, in addition to that parking
required for a single-family or two-family house, to accommodate more
than one lodger.
C.
Alternatively, the Board of Trustees may grant relief if the property
owner demonstrates to the Board of Trustees by dollars-and-cents proof
that it is necessary to have more than one lodger to allow the property
owner to pay the mortgage and taxes on the single-family or two-family
property. Such dollars-and-cents proof shall include a demonstration
that the amount of the mortgage, taxes and insurance for the home
accounts for more than 40% of the property owner's income, including
the rent received from the one permitted lodger.
Occupants of dwelling units shall be responsible
for compliance with the housing standards in regard to the following:
A.
Limiting occupancy of that part of the premises which
he occupies or controls to the maximum permitted by the housing standards.
B.
Maintaining that part of the premises which he occupies
or controls in a clean, sanitary and safe condition.
C.
Maintaining all plumbing, cooking and refrigeration
fixtures and appliances, as well as other building equipment and storage
facilities in that part of the premises which he occupies or controls,
in a clean and sanitary condition, and providing reasonable care in
the operation and use thereof.
D.
Keeping exits from his dwelling unit clear and unencumbered.
E.
Disposal of garbage and refuse into provided facilities
in a clean and sanitary manner.
F.
Extermination of insects, rodents or other pests within
his dwelling unit if his unit is the only one infested in the premises.
G.
Hanging and removing required screens.
H.
Keeping his domestic animals and pets in an appropriate
manner and under control.
