This article is adopted pursuant to the authority granted the municipality in Article 2, § 10, of the Municipal Home Rule Law and Article 4, § 4-412, of the New York State Village Law. The Village Board of Trustees of Otego hereby adopts the "Village of Otego Rental Registry Local Law."
[HISTORY: Adopted by the Board of Trustees of the Village of Otego as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-6-2012 by L.L. No. 2-2012]
A.
The purpose of this article is to establish a registry of all rental property, as defined herein, enabling the Village to identify persons responsible for the care and management of such property, which will ensure the enforcement of local, state and federal regulations.
B.
The provisions of this article shall apply to all property located in the Village of Otego as defined herein.
For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Any improved real property located within the Village of Otego.
A person or company, with its principal place of business located within 20 miles of the Village of Otego.
Any individual or individuals, partnership or corporation, or limited-liability company, or similar type of business organization or proprietary interest, whether or not for profit or otherwise, in whose name title to a building is vested or is the equitable owner under a land contract or by court order.
Includes all buildings containing residential units that are either rented, leased, let or hired out to be occupied, which shall be limited to two-family, multifamily, or mixed-used (commercial-residential). This definition shall not be deemed to include cooperative apartments.
A.
Registration. Every owner of rental property, as defined herein, shall be required to register such property with the Village Clerk, on such form or forms as prescribed by the Village Clerk, within a period of 60 days from the effective date of this article. A new form shall be filed whenever there is a change of ownership, and it shall be the responsibility of the new owner to see that such form is filed within a period of 60 days from taking title to the property.
B.
Annual reporting. If the property does not change hands during the reporting period, the owner will need to confirm that information with the Village Clerk. In the event that there is a change in the responsible person, as defined herein, that information shall be reported to the Village Clerk as soon as the change has taken place. No additional fees will be assessed for such reporting.
A.
As stated above, the owner of each property that is subject to the provisions is required to file a registry application within 60 days of the effective date of this article.[1]
[1]
Editor's Note: A copy of the registry application is included as an attachment to this article.
B.
The form shall include the following information:
(1)
The property address, the section, block and lot number of the property as stated on the Tax Map of the Village of Otego, and the number of residential dwelling units on each property.
(2)
The owner(s), owner mailing address and telephone number.
(3)
The name or names, titles, addresses and telephone numbers of any responsible person(s) of the partnership, corporation, limited-liability company, or similar type of business organization or proprietary interest, whether or not for profit or otherwise, in whose name title to a building is vested or who is the equitable owner under a land contract or by court order.
(4)
The name, address and telephone number of a local responsible person over 21 years old, residing or doing business in Otsego County, who shall be responsible for the care and management of such property and, if not the owner, is authorized by said owner to accept legal process on behalf of the owner when the owner resides or has its principal place of business outside of Otsego County.
C.
The form shall be signed by the owner and his or her designee 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 this article." |
D.
No rental property, as defined herein, shall be occupied by any tenant without compliance with the provisions herein, and failure to comply shall constitute a violation of a certification of occupancy.
A.
Enforcement. This article may be enforced by the Code Enforcement Officer or the Zoning Enforcement Officer. Said person(s) shall have the authority to enforce the provisions of this article and to inspect premises within the municipality as necessary for said enforcement.
B.
If the enforcement officer shall find that an alleged rental property exists without the necessary registration, the enforcement officer is hereby authorized, pursuant to Criminal Procedure Law § 150.20(3), to issue an appearance ticket to any person whom the enforcement officer has reason to believe has violated this article and shall cause such person to appear before the Town Justice of the Town of Otego.