[HISTORY: Adopted by the Board of Trustees of the Village
of Castleton-on-Hudson 11-14-1994 by L.L. No. 4-1994. Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 101.
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:
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.
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 or any other person having the right to possession
of a dwelling unit.
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.
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.
A dwelling unit established, occupied, used or maintained
for 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.
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.
A.
Scope. This chapter shall apply to all rental dwelling units located
within the Village, whether or not the use and occupancy thereof shall
be permitted under the applicable use regulations for the zoning district
in which such rental dwelling unit is located, as provided in this
chapter.
B.
Applicability. The provisions of this chapter shall be deemed to
supplement applicable state and local laws, ordinances, codes or regulations,
and nothing in this chapter shall be deemed to abolish, impair, supersede
or replace existing remedies of the Village, county or state or existing
requirements of any other applicable state or local laws, ordinances,
codes or regulations. In case of conflict between any provisions of
this chapter and any applicable state or local laws, ordinances, codes
or regulations, the more restrictive or stringent provision or requirement
shall prevail.
A.
Application for a rental occupancy permit for a rental dwelling unit
shall be made in writing to the Village Clerk on a form provided by
the Village Clerk for that purpose.
B.
Such application shall be filed in triplicate and shall contain:
(1)
The name, address and telephone number, if any, of the owner of the
dwelling unit intended for rental occupancy.
(2)
The street address and Tax Map description (section, block and lot
or lots) of the premises intended for rental occupancy or the premises
in which the rental dwelling units intended for occupancy are located.
(3)
The names of each person presently residing in or occupying such
premises intended for rental occupancy.
(4)
The number of rooms in the structure and in each proposed rental
dwelling unit therein, the dimensions of each room and a description
of the present use or uses thereof, if any.
(5)
A description of each dwelling unit intended to be established, used
or occupied for rental occupancy in the premises, including the number
of rental dwelling units, and the number of persons intended to be
accommodated by and reside in each such rental dwelling unit.
(6)
The name, address and telephone number, if any, of the managing agent
or operator of each such intended rental dwelling unit.
(7)
The name and address of the insurance company, if any, providing
the fire and other hazard and public liability insurance for the owner
of the premises, with a description of the type of insurance provided,
policy limits for each coverage and the policy number and expiration
date of such policy.
C.
Such application shall be signed by the owner of the premises and
the statements of such owners therein contained shall be verified
under oath.
D.
Such application shall be accompanied by the following:
(1)
A property drawing of the premises drawn to a scale no smaller than
20 feet to one inch.
(2)
If not shown on the drawing, a site plan, showing all buildings,
structures, walks, drives and other physical features of the premises
and the number, location and access of existing and proposed on-site
parking facilities.
(3)
A building permit application, properly prepared for all proposed
buildings, improvements and alterations to existing buildings on the
premises.
E.
In the case of a condominium unit, the application shall be accompanied
by a scale drawing or floor plan of the condominium unit in lieu of
a survey or site plan.
F.
The emergency evacuation plan for the structure and location of fire
exits.
[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.
A.
The Code Enforcement Officer is authorized to make, or cause to be
made, inspections, from time to time, to determine the condition of
rental dwelling units and to safeguard the health, safety and welfare
of the public. The Code Enforcement Officer is authorized to enter,
upon consent of the owner or occupant, any rental dwelling unit and
the premises in which the same is located at any reasonable time during
daylight hours or at such other time as may be necessary in an emergency
without consent of the owner or occupant for the purpose of performing
his duties under this chapter. It shall be a condition of each rental
occupancy permit, expressly stated therein, that the Code Enforcement
Officer shall have the right to inspect each permitted rental dwelling
unit during the term of the permit in accordance herewith, for the
purpose of performing his duties under this chapter.
B.
The Building Inspector and/or Code Enforcement Officers and any of
their designees shall have the right to inspect all or any part of
the rental dwelling, including any unit or apartment or entire multiple
residence, except that the owner, agent, or person in charge thereof
shall have the right to insist upon the procurement of a search warrant
from a court of competent jurisdiction by said official in order to
enable such inspection. The officials charged with conducting the
housing inspection pursuant to this chapter shall be required to obtain
a search warrant whenever an owner, agent, or person in charge refuses
to permit a warrantless inspection of the premises after having been
advised that he or she has a constitutional right to refuse entry
of the officials without a search warrant.
[Added 10-22-2001 by L.L. No. 3-2001]
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.
A.
The Code Enforcement Officer shall revoke a rental dwelling permit
where it appears that a permit holder has:
(1)
Caused, permitted, suffered or allowed to exist and remain upon the
premises for which such permit has been issued, for a period of 10
days or more after written notice has been given to the permit holder
or the managing agent of such rental dwelling unit, a violation of
any state, county or Village law; or
(2)
Has refused permission to the Code Enforcement Officer, after written
request, to make an inspection at reasonable times, or, in an emergency
at any time, of the premises in which such rental dwelling occupancy
has been permitted, to determine the condition of same or otherwise
to discharge the duties of such Code Enforcement Officer under this
chapter.
B.
An appeal from such revocation may be taken by the permit holder
to the Board of Trustees, by written request, made within 30 days
from the date of such revocation. The Board of Trustees shall hold
a public hearing on such appeal within 30 days after receipt of a
written notice of such appeal and after such hearing may make written
findings, conclusions and decision either sustaining such permit revocation
or reinstating such permit within 30 days after close of such public
hearing.
A.
It shall be unlawful and a violation of this chapter and an offense
within the meaning of the Penal Law of the State of New York for any
person:
(1)
To establish, maintain, use, let, lease, rent or offer to rent or
lease or suffer or permit the occupancy and use thereof as a rental
occupancy without first having obtained a permit for such rental occupancy
from the Village Clerk of the Village as hereinafter provided.
(2)
List, solicit, advertise or offer, exhibit or show to any person
a rental dwelling unit located within the Village for the purpose
of bringing about the rental thereof, or permit the occupancy of any
rental unit where no currently effective permit has been issued in
respect to such rental dwelling unit by the Code Enforcement Officer
or such Village, as herein provided. Before any real estate broker
or sales agent lists, shows or otherwise offers for lease or rent
any dwelling unit, the real estate broker or sales agent shall obtain
a copy of the owner's rental registration from the Village Clerk,
which shall be kept on file in the office of the real estate broker
or sales agent and shown to all prospective lessees or tenants.
(3)
Accept a deposit of rent or security, or a commission, in connection
with the rental of a rental dwelling unit located within the Village
where no currently effective permit has been issued in respect to
such rental dwelling unit, by the Code Enforcement Officer of such
Village, as herein provided.
B.
In the event that such a person convicted of a violation of Subsection A of this section shall have been a real estate broker or sales person licensed by the State of New York at the time such violation was committed, it shall be the duty of the Village Clerk to transmit a record of such conviction to the Division of Licensing Services of the Department of State and to make complaint thereto against such licensee on behalf of the Village, pursuant to the provisions of Article 12-A of the Real Property Law.
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.
