A.
Registration form.
(1)
Owners of rental buildings and structures located in the Village
shall complete and sign a registration form provided by the Code Enforcement
Office and swear to the truthfulness and completeness of the information
it contains. The form shall indicate:
(a)
The name, physical address, and telephone number of each owner,
and property manager when they are not the same;
(b)
The number and address of each rental dwelling for which a rental
permit is sought;
(c)
The Tax Map designation of the address of the rental dwelling(s);
(d)
The number of dwelling units contained within each rental dwelling;
(e)
Daytime and evening telephone numbers of the owner, and property
manager when they are not the same;
(f)
The maximum number of tenants who may occupy a dwelling unit;
and
(g)
Any other pertinent data sought by the Code Enforcement Office
or Code Enforcement Officer.
(2)
The form shall indicate an address for receipt of notices by mailing
under this chapter. The permittee shall be responsible for timely
updating such information in the event that changed circumstances
would render the information in the registration form inaccurate.
B.
Owners of rental buildings and structures located in the Village
who reside in any county other than Chemung County shall provide the
Code Enforcement Office with the name and physical address of an individual
over the age of 18 who shall reside in or who maintains a permanent
place of business in Chemung County and who shall be designated as
agent for receiving mailed notice or service of process. Such agent
shall be deemed to have the rights and responsibilities of a permittee
for the purposes of this chapter. A new owner shall provide the information
required in this subsection within 10 days from the date of any change
of ownership.
C.
The Code Enforcement Office shall maintain a register of permits
issued pursuant to this chapter. Such register shall be kept by Tax
Map designation, street address, the name of the permittee, the number
of dwelling units at such street address, and the date of expiration
of the permit for such unit.
B.
Rental permits will be issued for thirty-six-month periods and shall
be valid for such periods unless invalidated or revoked as provided
in this chapter.
C.
Permits will be issued when all requirements of this chapter have
been met.
D.
Newly constructed or renovated rental buildings or structures, including
conversions, are required to pay a permit fee in the amount set forth
in the schedule of fees adopted by the Board by resolution when the
rental permit is issued.
If the Code Enforcement Officer determines that there are reasonable
grounds to believe that premises are being maintained in violation
of this chapter, that Officer shall give notice of the alleged violation
to the owner or agent and such notice shall contain the elements required
of an information under § 100.15 of the Criminal Procedure
Law. Such notice shall:
A.
Be in writing;
B.
Include a description of the real estate sufficient for identification;
C.
Describe the violation, cite the applicable section of the local
law, Village Code and/or the codes of New York State pertaining to
property maintenance, and describe the remedial action required;
D.
Describe the facts upon which the violation is based;
E.
State that all health, safety and maintenance violations must be
corrected immediately. The Code Enforcement Officer shall return at
a specified date to verify conformance with the notice of violation/order
to remedy. Any maintenance items which cannot be completed at this
time because of weather constraints may be granted a time extension.
Time extensions are to be negotiated with the owner or the property
manager and the Code Enforcement Officer and in the end are set by
the Code Enforcement Officer.
F.
State that, if upon reinspection a violation still exists, the Code
Enforcement Officer shall order that the rental permit be suspended
or revoked and the structure vacated.
G.
Be mailed via first class, registered or certified mail to or served
upon the owner, permittee, agent or any other person in accordance
with the applicable provisions of the Criminal Procedure Law.
The Code Enforcement Officer shall have the right to inspect
all or any part of rental buildings and structures or units, provided
that the tenant has consented, except that in the event that the owner
is not a permittee, then 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 in order to enable such inspection.
The officials charged with conducting the inspection pursuant to this
chapter shall be required to obtain a search warrant in the event
that they are unable to obtain the consent of the owner, if the owner
is not a permittee, and, in all circumstances, also a tenant with
common authority over the premises to be searched after such tenant
has been advised that he or she has a constitutional right to refuse
entry of the officials without a search warrant. The Code Enforcement
Officer is authorized, on sworn affidavit stating the factual basis
therefore (i.e., that there is reasonable cause to believe that a
violation of this chapter occurred), to make application to the Village
of Horseheads Justice Court or to such other court as may be deemed
appropriate for the issuance of an administrative search warrant.
The search warrant may be executed by the Code Enforcement Officer
only in the case of permittees and, in all other cases, by a police
or peace officer who may be accompanied by the Code Enforcement Officer
in order to conduct an inspection of any premises covered by this
chapter where the occupant refuses or fails, after due notice as provided
herein, to allow an inspection of the dwelling unit or premises, where
there is reasonable cause to believe that a violation of this chapter
or a violation of the Multiple Residence Law, the New York State Uniform
Fire Prevention and Building Code or the Code of the Village of Horseheads
exists, or where there is reasonable cause for inspection. The application
for a search warrant shall, in all respects, comply with applicable
federal and state laws.
The rental permit issued under this chapter shall contain the
following information:
A.
The address and property classification.
B.
The date of inspection.
C.
The date of issuance.
D.
The expiration date.
E.
Number of dwelling units, or unit number as the case may be.
F.
A statement, where applicable under this chapter, that the structure
cannot be inhabited by more than four nonfamily persons as defined
in this chapter.
A current rental permit issued under this chapter shall not
be invalidated by sale or transfer of the property.
A.
Every seller of rental buildings and structures, including property
occupied under authority of an unrecorded contract for sale, shall
inform the prospective buyer of the current status of the rental permit
at least 14 days prior to the closing.
B.
Every seller of rental buildings or structures shall give notice
of the sale or transfer of same in writing to the Code Enforcement
Office within five business days after closing. This notice shall
include the name and address and telephone number of the buyer.
C.
Each buyer of an interest in rental buildings or structures shall
give notice in writing to the Code Enforcement Office within 10 business
days after closing. The notice shall identify the address of the affected
property, and the name and address of the buyer and seller.
D.
Any unpaid fines and/or fees pertaining to the affected property
shall run with the land and shall be enforceable against the subsequent
owner of the property.
