[HISTORY: Adopted by the Council of the City of Mount Vernon as indicated in article histories. Amendments noted where applicable.]
Housing standards — See Ch. 149.
[Adopted 2-8-1961, approved 2-9-1961, as § 3-65 of Article 3 of the City of Mount Vernon Building Code; amended 12-22-2010, approved 12-23-2010]
As used in this article, the following terms shall have the meanings indicated:
- ABSENTEE REAL PROPERTY OWNERS
- An absentee real property owner is one who is not a permanent resident of the City of Mount Vernon. In the case of a corporate owner, such owner shall be deemed an absentee owner unless the corporation has its principal office within the City of Mount Vernon.
Every such absentee owner shall file annually with the Building Department Commissioner a written absentee real property registration form to be supplied by the Building Department containing the name, address and telephone number of a managing agent, a person or corporation, whose residence or place of business must be in the City of Mount Vernon, which person or corporation shall be designated by such absentee owner as the agent of the said owner for the purpose of receiving notices of Building Code and Department of Public Works violations and for the service upon him, as agent of the owner, of sameness or other legal process directed to the owner of said real property, which person shall be charged with the duty of obeying all applicable statutes, ordinances, and orders relating to such real property. The form along with the requisite fee as prescribed by the Commissioner of Buildings must be filed with the Building Department on or before March 15, 2011, and each year on or before March 15 thereafter. Such designation must be acknowledged by the owner and duly notarized and the consent of the designee agent acknowledged by the agent and duly notarized before the same are filed with the Building Department Commissioner.
The managing agent made pursuant to the provisions of this section shall remain in full force and effect until changed or terminated as hereinafter provided.
The designation of a managing agent shall not relieve any such owner of any responsibility or obligation as to compliance with the provisions of this section and the Multiple Residence Law of the State of New York.
Where, after filing of any registration statement in relation to any multiple dwelling under the applicable provisions of this section, the owner of such dwelling shall have granted or transferred his or her right, title or interest therein or in any part thereof, such owner shall file with the Building Commissioner, within five days after such grant or transfer, a written statement which shall contain the name and residence and business addresses of the grantee, transferee or other successor of such right, title or interest or if such grantee, transferee or successor is a corporation, the name and address of such corporation.
Where, after the filing of any registration statement with the Building Department pursuant to the applicable provisions of this section, any change other than a designation of a different managing agent or a change of ownership or interest occurs in any name, residence or business address or list of officers required to be included in such statement, the owner, within five days after such change, shall supply the information necessary to make the last registration statement filed current pursuant to the applicable provisions of this section.
The designated managing agent made pursuant to the applicable provisions of this section shall cease to be effective if such agent shall die or be judicially declared incompetent.
Termination of managing agent.
Any such agent may terminate his or her status as such by serving upon the owner of the multiple dwelling involved by registered mail or delivery in person and by filing with the Building Department, with proof of service by affidavit, a written notice of such termination signed by such agent, which shall state the date upon which it shall become effective, and the name and address of such owner and the address of such mailing. Such notice may be served by delivery of a copy personally or by delivery of a copy to any person of a suitable age and discretion at the residence or business address of the owner set forth in the currently effective registration statement filed with the Building Department or by transmitting a copy of such notice by registered mail to the owner at the residence or business address of such owner as set forth in such statement. Such notice shall be not be valid or effective unless served on the owner at least five days before its effective date if served personally or by delivery to a person of suitable age and discretion, or at least eight days before such date if served by registered mail, and unless filed with the Building Department with proof of service affidavit at least five days before such date.
An owner may terminate such designation by filing with the Building Department a written designation of a new managing agent made in conformity with the provisions hereinabove cited.
If any owner shall fail, on or before the effective date of any notice of termination served and filed by a managing agent, or within 15 days after any such agent shall die or be judicially declared incompetent, to file with the Building Department a designation of a new managing agent made in conformity with the provisions herein, such owner shall be guilty of a violation of this section.
Any registration statement or designation of a managing agent required to be filed with the Building Department by any owner or lessee of a multiple dwelling under the provisions of this section shall be signed by such owner or lessee, or if such owner or lessee is a corporation, by an officer thereof.
Any such registration statement or designation of a managing agent shall be deemed prima facie proof of the statements therein contained in any violation and/or criminal prosecution instituted by a City agency against the owner or managing agent of a multiple dwelling.
Every such absentee owner shall comply with the provisions of this section on or before January 15, 2011, and each January 15 thereafter.
Failure to file an absentee real property registration form and pay the requisite fee shall be punishable by a fine of $250.
If any charges, fees or assessments under this article are not paid by March 15 of the respective year, the City may, in addition to or in lieu of other remedies, add such unpaid charges, fees or assessments to the subsequent City property tax levy for the property on which such alarm system is located, to be collected, bear interest and be enforced as provided by law for City taxes.