The Board of Trustees has determined that there exists in the
Village of Castleton-on-Hudson serious conditions arising from rental
of dwelling units that are substandard or in violation of the New
York State Uniform Fire Prevention and Building Code, and other codes
and ordinances of the Village, are inadequate in size, overcrowded
and dangerous, that such dwelling units pose hazards to life, limb
and property of residents of the Village and others, tend to promote
or encourage deterioration of the housing stock of the Village, create
blight, excessive vehicle traffic and parking problems and overburden
municipal services. The Board finds that current code provisions are
inadequate to halt the proliferation of such conditions and that the
public health, safety, welfare and good order and governance of the
Village will be enhanced by enactment of the regulations set forth
in this chapter, which regulations are remedial in nature and effect.
This chapter is to be known as the "Rental Permit Law."
As used in this chapter, the following terms shall have the
meanings indicated:
CODE ENFORCEMENT OFFICER
The Village Code Enforcement Officer or the Village Building
Inspector, his delegate or assistant or anyone authorized and designated
by the Village Board to enforce the code.
DWELLING UNIT
A structure or building, or part thereof, or any area, room
or rooms therein occupied or to be occupied by one or more persons
as a home or residence.
OWNER
Owner or any other person having the right to possession
of a dwelling unit.
RENEWAL RENTAL PERMIT
A permit which is to be issued to the owner of a rental premises
where such premises has been the subject of a rental permit continuously
prior to the date of application for the permit.
RENT
A return, in money, property or other valuable consideration
(including payment in kind or for services or other thing of value)
for use and occupancy or the right to use and occupancy of a dwelling
unit, whether or not a legal relationship of landlord and tenant exists
between the owner and the occupant or occupants thereof.
RENTAL DWELLING UNIT
A dwelling unit established, occupied, used or maintained
for rental occupancy.
RENTAL OCCUPANCY
The occupancy or use of a dwelling unit by one or more persons
under an agreement whereby the occupant or occupants thereof pay rent
for such occupancy and use.
RENTAL PERMIT
A permit to be issued to the owner of an intended rental
premises where such premises has not been the subject of a rental
permit continuously prior to the date of application for the permit.
[Amended 10-27-1997 by L.L. No. 6-1997]
A. Permit application fee. A nonrefundable permit application fee as
shall be set from time to time by the Board of Trustees per dwelling
unit shall be paid upon filing an application for a permit.
B. Permit renewal fee. A nonrefundable permit renewal fee as shall be
set from time to time by the Board of Trustees per dwelling unit shall
be paid upon filing an application for renewal.
C. That the Building Inspector or the Code Enforcement Officer, his
delegate or assistant or anyone authorized and designated by the Village
Board to enforce the Code shall be compensated in an amount as shall
be set from time to time by the Board of Trustees for each dwelling
unit inspection.
The Code Enforcement Officer shall review each application for
completeness and accuracy and shall make an on-site inspection of
the proposed rental dwelling unit or units. If satisfied that the
proposed rental dwelling unit or units, as well as the premises in
which the same are located, comply fully with all applicable laws
of the state and local laws, ordinances, rules and regulations of
the county and Village, and that such rental dwelling unit or units
would not create an unsafe or dangerous condition or create an unsafe
or substandard structure or create a nuisance to adjoining or nearby
property, the Code Enforcement Officer shall issue the permit or permits
applied for.
All permits issued pursuant to this chapter shall be valid for a period of two years from date of issuance and may be renewed for an additional two-year period. The renewal applications shall be made within 30 days after the expiration of the existing rental permit and shall contain substantially the same information required by §
159-5 of this chapter upon forms to be furnished by the Village Clerk. Permits shall be issued upon approval of such renewal applications as provided in §
159-7 and upon payment of the renewal permit fees specified in §
159-6 hereof. The Village shall give notice of the need to renew such permit to the landlord, in writing, at least 30 days before expiration of the initial permit period.
It shall be the duty of the Code Enforcement Officer to maintain
a register of permits issued pursuant to this chapter. Such register
shall be kept by street address, showing the name and address of the
permittee, the number of rental dwelling units at such street address,
the number of rooms in each such rental dwelling unit and the date
of expiration of permit for such unit. Such register shall be kept
available for public inspection during regular business hours at the
office of the Village Clerk.
[Amended 10-27-1997 by L.L. No. 6-1997]
No permit shall be issued or renewed until the Code Enforcement
Officer shall inspect the rental dwelling unit to determine that it
is equipped with a functioning smoke detector device, approved as
to design by the New York State Uniform Fire Prevention and Building
Code, or conforming to standards of the New York State Board of Fire
Underwriters, if any, or, if none, approved by the Code Enforcement
Officer.
The Code Enforcement Officer is authorized to make application
to the Town of Schodack Justice Court or the County Court of Rensselaer
County for the issuance of a search warrant to be executed by a police
officer, in order to conduct an inspection of any premises covered
by this chapter where the owner or occupant refuses or fails, after
due notice by certified mail, to allow an inspection of the rental
dwelling unit or premises, and where there is reasonable cause to
believe that a violation of any state, county or Village law or ordinance
has occurred. The application for search warrant shall, in all respects,
comply with applicable laws of the State of New York.
Any person, firm or corporation who shall violate or fail to
comply with any of the provisions of this chapter shall be guilty
of a violation punishable by a fine not to exceed $250 per day of
violation, or by imprisonment for a term not to exceed 15 days per
day of violation, or by both such fine and imprisonment.