[HISTORY: Adopted by the Council of the City of Mount Vernon
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
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:
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
Termination of managing agent.
(1)
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.
(2)
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.
(a)
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.
H.
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.
I.
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.
J.
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.
