[HISTORY: Adopted by the Board of Trustees of the Village of Montour Falls as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-15-2012 by L.L. No. 3-2012]
The Board of Trustees of the Village of Montour Falls hereby finds and declares that the rental of dwelling units constitutes a business, which influences upon the public health, safety and general welfare of the people of the Village of Montour Falls. The intent of this article is to promote the orderly and timely management and maintenance of rental dwelling units in order to protect the public health, safety and general welfare of the people of the Village of Montour Falls and to further achieve the following beneficial purposes:
The protection of the character and stability of residential areas;
The correction and prevention of housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health, including the physical, mental and social well-being of persons occupying dwellings; and
The preservation of the value of land and buildings throughout the Village of Montour Falls.
As used in this article, the following terms shall have the meanings indicated:
- A person 18 years of age or older, designated by the owner on the registry form required pursuant to § 114-4 hereof, as having the authority to make decisions regarding the management and maintenance of any dwelling unit leased by the owner and located within the Village.
- Any structure located in the Village and used or intended for supporting or sheltering any use or occupancy.
- New York State Uniform Fire Prevention and building Code, as the same may be amended from time to time.
- CODE ENFORCEMENT OFFICER
- The Village of Montour Falls Code Enforcement Officer, as designated by the Village's Board of Trustees.
- New York State Department of Environmental Conservation.
- Federal Department of Transportation.
- DWELLING UNIT
- A single unit within a building providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
- FIRE CHIEF
- The Chief of the Village of Montour Falls Fire Department or his designee
- National Fire Protection Association.
- Any person holding a legal or equitable interest in a building sufficient to permit such person to create a leasehold or subleasehold interest in the building and/or the dwelling units therein, and any person who creates or purports to create a leasehold or subleasehold interest in a building and/or the dwelling units therein.
- An individual, partnership, corporation, limited liability company, and any other form of entity.
- The Village of Montour Falls, New York.
In addition to any other applicable registration requirements, no person shall allow to be occupied, or rent to another for occupancy, any dwelling unit unless the owner of the building within which the dwelling unit is located first has registered the building in accordance with the provisions of § 114-4 of this article.
Exemptions. The provisions of this article shall not apply to a municipal housing authority; hotels; motels; bed-and-breakfast establishments; hospitals and colleges, except for a building containing a dwelling unit being rented for other than direct hospital or college use; nursing homes; or other buildings which offer or provide medical or nursing services if such buildings are subject to state or federal licensing or regulations concerning the safety of the users, patients or tenants.
Within 90 days after the effective date of this article, the owner of any building containing any dwelling unit that is occupied or available for occupancy on the effective date of this article shall file with the Code Enforcement Officer a registration form. The owner of any building containing any dwelling unit made available for occupancy after the effective date of this article shall file with the Village a registration form as herein provided prior to any occupancy. Such registration form shall be furnished by the Village and shall set forth the following information, in addition to other information required by the Fire Chief and/or Code Enforcement Officer:
Name, principal residence address, principal business address, telephone number and email address of all owners of the building.
If the owner is other than a natural person, the information required by Subsection A(1) above for the individual(s) who are vested with the day-to-day control of the management and operations of the owner.
The address, including street name and number, of the building.
The number of dwelling units in the building.
If applicable, the name of owner's agent, with the agent's principal residence address, principal business address, phone number(s) and email address.
The type(s) of any fire protection system(s) located in the building.
The type and amount of material in the building considered hazardous by NFPA, DOT and/or DEC.
It shall be the responsibility of the owner to register any change of address, agent or any other registration information, which occurs after the filing of the registration form, within 60 days of the date of change by filing written notice of such change with the Code Enforcement Officer. For purposes of this section, a post office box shall not be accepted as the owner's or agent's address. The building intended to be registered shall not be accepted as the owner's or agent's address unless it is the principal place of business or residence of the owner or agent. The owner shall specify the address to which all notices, violations, and invoices for fees are to be delivered.
If an owner's principal place of business is not located within Schuyler County, or the owner's principal place of residence is not located in Schuyler County, the owner must designate on the registration form an agent who resides in Schuyler County. Such agent shall have all necessary authority to make decisions on the owner's behalf regarding the management and maintenance of any dwelling unit leased by owner, and any building within which such dwelling unit(s) are located, and by designating such agent on the registration form, owner shall be estopped from denying such authority. The registration form shall further designate the owner's agent as the agent upon whom service of legal process and all notices may be served or delivered.
Within 60 days following the date of transfer of the legal or equitable title to any building required to be registered by this article, the new owner shall file with the Code Enforcement Officer a new registration form.
There shall be no filing fee for an owner filing a registration form within 90 days after the effective date of this article. An owner who owned a building at the effective date of this article but failed to file a registration form within said ninety-day period shall pay at the time of filing a registration form a fee of $125 for each building being registered.
If the owner was not the owner of a building at any point during said ninety-day period, there shall be no filing fee for said owner, provided that the owner files a registration form within 60 days of acquiring legal or equitable title to the building as required by § 114-4. If such an owner files a registration form after the expiration of said sixty-day period, the owner shall pay at the time of filing a registration fee of $125 for each building being registered.
There shall be no filing fee for an owner filing a notice of change to a registration form pursuant to § 114-4A(8).
An agent designated as such under this article shall be required to register with the Code Enforcement Officer as an agent and will submit at that time a filing fee of $25 for each building of the owner for whom he is acting as agent. The agent shall be required to renew his registration annually and pay a registration fee of $25 upon each renewal. The Village reserves the right to and may decline to accept the registration of an agent who has failed to satisfy his duties pursuant to this article in the preceding year. It shall be the duty of the Code Enforcement Officer to give notice to an agent whose registration has been denied of the reason(s) for denial.
A violation of any provision of this article shall be an offense punishable by a fine not to exceed $1,000 and imprisonment for a term not to exceed 15 days, or both. For purposes of this article, each week's continued existence of a violation shall constitute a separate violation. For purposes of the preceding sentence, a "week" shall constitute any period of seven consecutive days.
The Code Enforcement Officer or a representative designated by the Code Enforcement Officer, as the case may be, is hereby authorized to issue appearance tickets pursuant to the Criminal Procedure Law in the enforcement of this or any related laws of the Village of Montour Falls.
An action or proceeding may be instituted in the name of the Village, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this article. No such action or proceeding shall be commenced except upon resolution by the Board of Trustees authorizing same.
No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation of this article, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, or otherwise available under applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in section or in any other applicable law.
If there be any violation of this article with respect to any building required to be registered pursuant to this article, while any dwelling unit in such building is occupied in whole or in part by people, no rent shall be recovered for such dwelling unit(s) for any period during which such violation exists, and in any action or proceeding to collect rent owing for any period during which such violation(s) exists or did exist or to recover possession of the dwelling units for nonpayment of such rent, proof of violation of any of the provisions of this article with respect to the building in which such dwelling unit(s) are located shall be an absolute defense to such action or proceeding available to any person or persons that inhabited the dwelling units during the period of violation of this article.
If any section or provision of this article shall be held unconstitutional, invalid or ineffective, such determination shall not be deemed to affect, impair or invalidate the remainder of this article. In the event of any inconsistency or conflict between any provision of this article and any other local law or ordinance, the provisions of this article shall control.