[Amended 6-23-1992 by Ord. No. 41-1992; 12-10-1996 by L.L. No. 4-1996; 5-25-1999 by Ord. No.
28-1999; 6-27-2000 by Ord. No. 5-2000; 11-27-2001 by Ord. No.
21-2001; 1-4-2006 by Ord. No. 1-2006; 11-25-2008 by Ord. No. 10-2008; 12-23-2008 by Ord. No. 13-2008; 4-28-2009 by Ord. No. 2-2009; 6-24-2014 by Ord. No.
4-2014; 6-28-2016 by Ord. No. 3-2016; 6-28-2016 by Ord. No. 4-2016; 3-28-2017 by L.L. No. 5-2017]
A.
If a provision of this chapter is found to be inconsistent with any
provision of other chapters of the City Code or Charter, the provision
or requirement which is the more restrictive or which establishes
the higher standard shall prevail. A greater penalty shall not be
considered as more restrictive or a higher standard.
B.
The Director of Code Enforcement shall have the authority to issue
such regulations as may be necessary to implement the provisions of
this code.
C.
If any part, provision, section, subdivision, paragraph, or term
of this chapter shall be held unconstitutional, invalid, or ineffective,
in whole or in part, such determination shall not be deemed to invalidate
the remaining chapter, parts, provisions, sections, subdivisions,
paragraphs, or terms.
Whenever used in this chapter, unless otherwise expressly stated
or unless the context or subject material requires a different meaning,
the definitions as contained in the New York State Uniform Fire Prevention
and Building Code shall apply to the terms and provisions herein.
Any room or group of rooms within a dwelling which are used
or intended to be used by one or more persons for living and sleeping
with or without facilities for cooking and eating.
A.
All residential rental dwelling units shall be inspected and certified
by the Code Enforcement Department, which shall determine compliance
with, administer and enforce all applicable provisions of this chapter,
the City Code, and the New York State Uniform Fire Prevention and
Building Code (hereinafter "Uniform Code"). Prior to the re-occupancy
of a rental dwelling unit, apartment or tenement, the landlord, managing
agent or person in possession thereof shall secure from the Code Enforcement
Department a certificate indicating that the said dwelling unit complies
with the requirements of this chapter. On or after January 1, 2002,
residential occupancy permits shall be valid for three years from
the date of issuance for dwelling units covered by the New York State
Multiple Residence Law. On or after January 1, 2003, residential occupancy
permits shall be valid for three years from the date of issuance for
all other rental dwelling units.
B.
Nothing contained herein shall be construed or operate to invalidate
an otherwise legally effective permit or certificate issued prior
to January 1, 2002, except that such permit or certificate shall be
valid only until:
(1)
January 1, 2005, or a change in the tenancy of the residential rental
dwelling unit to which the permit or certificate relates, whichever
first occurs, for dwelling units covered by the New York State Multiple
Residence Law.
A.
Except as otherwise provided herein, it shall be unlawful and a violation
of this chapter to rent, lease, or otherwise allow the occupancy of
any residential rental dwelling unit without the inspection and certification
as required herein. It shall be the duty of the Code Enforcement Department
or its duly appointed agents to inspect a rental dwelling unit, apartment,
or tenement whenever the same becomes vacant and prior to its being
reoccupied, upon the written request of the owner or managing agent,
for the purposes of determining whether or not the dwelling unit complies
with the provisions of this chapter.
B.
If, upon inspection, said premises do not comply with all applicable
provisions of this code or the Uniform Code, the specific reasons
for noncompliance shall be specified in writing, and a time limit
not to exceed 30 days shall be directed for the correction of, or
substantial effort to correct, the deficiencies noted. The notice
of noncompliance shall be delivered personally or by mail within seven
days to the owner, agent or person in charge at the address set forth
in the rental dwelling unit registry and to any occupant who so requests.
Occupants or proposed occupants of dwellings shall have the right
to inspect the residential occupancy permit of the residential rental
dwelling unit, apartment, or multiple residence in which they have
an interest at no cost.
C.
On or after January 1, 2002, the Code Enforcement Department shall
have the right to inspect all or any part of the rental dwelling,
including any unit or apartment, or entire multiple residence, as
required herein or upon complaint, 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 the
Director of the Department, or his or her designee, in order to enable
such inspection. The officials charged with conducting the inspection
pursuant to this article 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.
D.
The officials charged with conducting the inspection shall make such
inspection, access and circumstances permitting, within five business
days of receipt of a request from the owner, agent, or occupant.
E.
An owner or agent may file with the Department a request for such
inspection and the issuance of a residential occupancy permit by regular
mail or in person at the office of the Director of the Department.
F.
Nothing in this article shall be construed to limit the right of
the Code Enforcement Department to inspect any property at any time.
If, after issuing a residential occupancy permit, the Department receives
a complaint alleging a violation of this chapter or other chapter
of the City Code, other than a violation that creates an imminent
hazard to the public health or to the physical or mental health of
the occupants of the rental property, the Department shall make a
good faith effort to notify the owner or agent of the complaint, by
either telephone or regular mail, before conducting an inspection
under this chapter, and shall provide to the owner or agent one working
day from the date the owner or agent receives the notice to explain
what steps the owner or agent is taking to correct the violation.
The Department may take steps necessary, by inspection or other means,
to assure that the violation is corrected.
G.
No residential occupancy permit shall be issued and no inspecting
under this article shall be conducted, unless and until the applicable
fee(s) required under this chapter is paid in full to the Department
and the property owner or agent submits the names and birth dates
of all tenants, not to exceed the maximum occupancy as determined
by the Code Enforcement Officer.
H.
Upon request or complaint and payment of applicable fees if any, an inspection shall be conducted, but no residential occupancy permit shall be issued under this article unless the rental dwelling unit is an authorized use pursuant to Chapter 285, Zoning, and until all other applicable provisions and requirements of the Code of the City of Cohoes are complied with and met, including but not limited to:
J.
Notwithstanding the provisions of § 215-6I, the Director of Code Enforcement may issue a temporary residential occupancy permit if all City, county and school taxes are not current if the applicant pays a fee equal to 15% of the outstanding City, county, and school taxes due, including late fees and penalties, on the property.
K.
Any temporary residency occupancy permit issued pursuant to § 215-6J shall be revoked by the Director of Code Enforcement under the following circumstances:
(1)
The applicant fails to make timely payment of any City, county or
school taxes due subsequent to the issuance of the temporary residential
occupancy permit; or
(2)
The applicant fails to pay all past-due City, county, and school
taxes within 12 months of issuance of the temporary residential occupancy
permit.
L.
Owners of multifamily structures or apartment complexes which employ
a full-time, on-site property manager and consist of 20 or more rental
dwelling units or apartments that were originally built or reconstructed
no more than 15 years prior to an application for a residential occupancy
permit may, but shall not be required to, apply for residential occupancy
permits as follows:
(1)
Every year, the owner may submit:
(a)
A completed checklist to be provided by the Director of Code
Enforcement;
(b)
Photographs of key elements of the individual rental dwelling
units or apartments and common spaces within the structure or complex
as determined by the Director of Code Enforcement; and
(c)
A fire inspection report conducted by a qualified third-party
certifying adequacy of all fire suppression and detection systems.
(2)
Qualifying multifamily structures or apartment complexes are subject
to random inspections to be arranged at least 48 hours but not more
than 72 hours in advance in order to verify the representations made
in the checklist, photographs, and certified reports required under
this section;
(3)
The annual fee for residential occupancy permits issued in this manner
shall be equal to the fee charged for 1/3 of the total number of apartments
in such complex; and
(4)
The property owner shall provide to the Director of Code Enforcement
a list of tenants occupying the complex during the month of November
of each year and shall provide an updated list within 30 days of any
change in tenancy.
M.
The Director of Code Enforcement shall have the right to revoke any residential occupancy permit issued under this procedure applicable to qualifying multifamily structures or apartment complexes as outlined in § 215-6L for overoccupancy or failure to comply with the aforementioned requirements. Further, the Director of Code Enforcement shall require that said qualifying multifamily structures or apartment complexes that fail to meet the standards and fulfill the obligations outlined in § 215-6L be subject to standard residential occupancy permit inspection and issuance practice, policy, and procedures.
B.
Failure of an owner or agent to appear within 30 minutes of a scheduled
inspection ("no show") shall result in a fee of $25 per unit scheduled
for inspection.
C.
Cancellation of a scheduled inspection less than 24 hours before
that scheduled inspection ("late cancellation") shall result in a
fee of $25 per unit scheduled for inspection.
D.
Should a unit fail inspection, the initial reinspection shall be
free of charge; however, each subsequent reinspection thereafter until
that unit passes shall result in a reinspection fee of $25 per unit
being reinspected.
A.
A quarterly inspection is required for all dwellings within the City
of Cohoes that fall under the definition of a "Group B2 Multiple Dwelling
- Transient Occupancy" as defined in Title 9 of the New York Codes
Rules and Regulations. Such dwellings include but are not limited
to motels rooming or lodging houses, dormitories, fraternities, etc.
C.
Transient occupancy dwellings must meet the minimum standards for occupancy set forth in Article V of this chapter and must comply with the New York State Uniform Code. Upon passing inspection, an annual permit to operate shall be granted. Operation without said permit after January 1, 2002, shall be a violation of this chapter and subject the owner, managing agent, or person in possession or charge of a transient occupancy dwelling to the penalties set forth in § 215-15 of this Code.
Each unit shall prominently display in the public area of the
said structure the certificate of occupancy required by this article.
A.
There shall be a rental dwelling unit registry. It shall be the responsibility
of all landlords within the City to register as such with the Code
Enforcement Department. The Director of Code Enforcement shall promulgate
regulations and procedures to effectuate said registry and make same
available to the public.
B.
All owners of a rental dwelling unit within the City of Cohoes not
residing within a fifteen-mile radius of Cohoes City Hall shall appoint
an agent for service and register said agent with the Department of
Code Enforcement on a form developed by the Director of Code Enforcement.
The agent must reside or have a permanent place of business within
a fifteen-mile radius of Cohoes City Hall. The agent shall endeavor
to be available to City of Cohoes officials and personnel by telephone
and able to respond in person to the rental property address in cases
of emergency or natural disaster. Service of an appearance ticket
as defined in the New York State Criminal Procedure Law upon said
agent for service shall constitute good and sufficient service on
the landlord.
C.
Every owner of residential rental property not residing within a fifteen-mile radius of Cohoes City Hall convicted of two or more violations of any provision of Chapters 152, 215 or 239 of the Cohoes City Code within three years shall be required to hire a professional property manager who shall maintain a permanent place of business within a fifteen-mile radius of Cohoes City Hall.
D.
Every owner of residential rental property convicted of two or more violations of any provision of Chapters 152, 215 or 239 of the Cohoes City Code within a three-year period and every owner of residential rental property purchased on or after August 1, 2016, except owners residing in properties containing four or less units, within the City of Cohoes must attend a mandatory residential property rental orientation and education program offered by the Department of Code Enforcement as part of the initial registration process. The owner must attend the entire duration of the orientation training course and shall acknowledge, on a form developed by the Director of Code Enforcement, that they are fully familiar with all associated educational literature and materials and applicable rules, regulations, policies, and procedures applicable to the property.
