[HISTORY: Adopted by the Board of Trustees of the Village
of Fonda 12-8-2008 by L.L. No.
2-2008. Amendments noted where applicable.]
The Village of Fonda hereby establishes a program for the enactment,
enforcement and administration for the purpose of periodic registration
of all rental units within the boundaries of the Village of Fonda.
Landlords and rental property owners are therefore required to furnish
emergency contact information and maintain an inventory of available
rental housing units.
As used in this chapter, the following terms shall have the
meanings indicated:
Any landlord who resides outside the designated boundaries
of the Village of Fonda as those boundaries may be defined at the
time of regular, periodic property registration.
Any single unit which is capable of housing one separate
household, whether a detached single-family structure or building
or part of a multihousehold structure or building.
The immediate family of the owner of a housing unit consists
of the owner's spouse, children, parents, grandparents or grandchildren.
Any property owner or designated agent who offers a housing
unit for occupancy to persons other than the owner or his immediate
family or for which a fee or compensation, monetary or otherwise,
is received by the owner in exchange for such occupation.
A representative of a property owner or landlord who resides
within the designated boundaries of the Village of Fonda as defined
at the time of periodic property registration.
Any housing unit, commercial space or units which are occupied
by persons other than the owner or his immediate family or for which
a fee or compensation, monetary or otherwise, is received by the owner
in exchange for such occupation.
A.
All landlords must initially register with the Village of Fonda on
or before December 1 in the year this chapter becomes law. Upon adoption
of this chapter, initial registration will begin as soon as practicable
after this chapter is effective. It is the responsibility of the property
owner to register any rental property or properties, and failure to
do so constitute a violation of these regulations and is subject to
the penalties set forth herein.
B.
All absentee landlords must have an emergency contact person for
each rental property.
C.
Should the property change ownership at any time, the new owner of
the registered dwelling shall reregister the dwelling within 60 days
of assuming ownership.
D.
All rental properties, whether residential or commercial in nature,
will require a regular inspection by the Village Code Enforcement
Officer to determine whether said property meets applicable building
and safety codes.
A.
Properties shall be registered on a form provided by the Village
of Fonda Village Code Enforcement Officer and signed by each owner
or managing agent of the property being registered. The following
documentation shall be provided by the owner or managing agent at
the time of registration:
(1)
Proof of ownership of the property (copy of deed).
(2)
Proof of residency of each owner.
(3)
A certification in a form acceptable to the Village Code Enforcement
Officer by each property owner or managing agent attesting to the
total number of persons legally allowed to occupy each rental property
owned or managed by such person within the Village as of the date
of registration and or modified within this code.
B.
At the time of registration, all absentee landlords are required
to designate a resident agent for service of process of a violation
of this chapter. If that resident agent's residence should be
removed from the Village of Fonda during the yearly registration period,
another agent must be designated for the duration of that period.
Service of an appearance ticket, as defined by New York State Criminal
Procedure Law, upon said agent shall constitute good and sufficient
service as if the landlord had been served themselves within the Village
of Fonda or Montgomery County. No landlord who designates an agent
pursuant to the provisions of this chapter may assert the defense
of lack of notice or lack of in person jurisdiction based solely upon
the service of process upon his designated residential agent. The
failure to provide the name and address of an agent for service of
process shall be a violation of this chapter punishable by a fine
not to exceed $350.
C.
Exemptions. None.
D.
The Village of Fonda Code Enforcement Officer shall provide copies
of all rental property registrations filed with the Village to the
fire district servicing such properties by July 1 of every year.
E.
It shall be unlawful for any landlord to offer any unit for rent
or to allow any rental unit to be occupied without having first registered
as a landlord as required herein within the time prescribed for such
registration.
A.
Violations of the provisions of these standards or any rules or regulations
established pursuant thereto shall be subject to applicable penalties
under this chapter in addition to those imposed by other applicable
codes or ordinances, including, without limitation, the Code of the
Village of Fonda, zoning laws, and the New York State Uniform Fire
Prevention and Building Code.
B.
Any persons, firm or corporation who violates, disobeys, neglects
or refuses to comply with any of the terms of this chapter shall be
guilty of a violation and be subject to one or more of the following
remedies:
(1)
A fine not to exceed $350 or imprisonment for a period not to exceed
15 days, or both; or
(2)
A penalty of $350 to be recovered by the Village in a civil action;
(3)
The Board of Trustees of the Village of Fonda may also maintain an
action or other proceeding in the name of the Village in a court of
competent jurisdiction to compel compliance of this chapter;
(4)
Each week or part of a violation continues shall be deemed a separate
offense.
In accordance with Village Law, this chapter or any amendments
thereto shall take effect 10 days after the required publication,
posting and filing with the New York State Department of State, but
shall take effect from the date of its service as against a person
served personally with a copy thereof, certified by the Village Clerk,
and showing the date of its passage and entry in the minutes.
