[HISTORY: Adopted by the Board of Trustees of the Village of Hammondsport as indicated In article histories. Amendments noted where applicable.]
[Adopted 4-12-2016 by L.L. No. 1-2016]
The Village of Hammondsport hereby finds and declares that the rental of dwelling units constitutes a business which impacts upon public health, safety, and general welfare of the residents of the Village of Hammondsport. The intent of this article is to promote the orderly and timely management and maintenance of rental dwellings units in order to protect the public health, safety, and general welfare of the residents of the Village of Hammondsport and to further achieve the following beneficial purposes:
The protection of the character and stability of residential areas within the community;
The correction and prevention of housing conditions that adversely affect or are likely to affect the life, safety, general welfare, and health, including the physical, mental and social well-being of persons occupying such dwellings; and
The preservation of the value of properties and buildings throughout the Village of Hammondsport.
As used in this article, the following terms shall have the meanings indicated:
- A person 18 years or older or an entity designated by the owner on registry form who by such owner designation shall have the authority to make decisions regarding the management and maintenance of any dwelling units rented or being offered for rental within the village.
- All structures containing one or more dwelling units rented or being offered for rental within the village.
- The New York State Uniform Fire Prevention and Building Code, as amended.
- CODE OFFICER
- The officer or other designated authority charged with the administration of this article.
- The Village of Hammondsport Code Enforcement.
- DWELLING UNIT
- Any residential accommodation which is arranged, designed, and used, or if vacant, intended for use, exclusively as a domicile or residence of one or more persons.
- The owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, administrator, trustee, or agent.
- An individual or any entity which lawfully can be the fee owner of real property.
- The Village of Hammondsport, County of Steuben, State of New York.
In addition to any registry requirements to the New York Multiple Residence Law, no person shall allow to be occupied, or rent to another for occupancy, any dwelling unit unless the owner has first registered the building with the Village, in accordance with § 95-4 of this article.
Any rental dwelling unit that is presently vacant must be inspected by the Code Enforcement Officer prior to rental to ensure compliance with the New York State Uniform Fire Prevention and Building Code for the rental units.
Exemptions - The provisions of this article shall not apply to municipal housing authorities, hotels, motels, bed and breakfast establishments, or nursing homes, if such buildings are subject to state and/or federal licensing or regulations concerning the safety of the users or tenants. In addition, the provisions of this article shall not apply to single family residential structures that are owner occupied.
All buildings subject to this article shall be inspected by the Village Code Officer at least every 24 months.
Within 90 days after effective date of this article, the owner or owners of each building existing with one or more rental dwelling units shall file with the Village of Hammondsport Clerk, a registry form. The owner of each building constructed or modified to one or more rental dwelling units after this effective date must file a registry form prior to occupancy of such dwelling unit. The registry application shall set forth the following information, in addition to other information required by the Code Enforcement Officer or other agencies within the Village, which from time to time may be necessary to administer, enforce, and insure compliance with this article:
Name, principal residence address, principal business address, telephone number, and e-mail address if available, of each owner of record. If the owner is an association, partnership, limited-liability partnership, joint tenant, tenants in common, tenancy by the entirety, or other entity, information as set forth above as to each and every owner, partner, or general partner shall be provided;
If the owner is a corporation or limited-liability company, the principal place of business of the corporation, the names, titles, and residence addresses of all the officers, directors, managing or general agents must be provided;
The street address of each building;
The number of dwelling units in each building;
If applicable, the required information must be provided for the owner-designated agent;
The type(s) of any fire protection located within each building;
It shall be the responsibility of the owner to properly register any and all changes of address, agent, or any other registration information that may occur after filing of the registry. This must be done within 30 days of said change.
For the purposes of this section, a post office box shall not be accepted as the owner's or agent's address. Further, the building that is being registered shall not be accepted as the owner's or agent's address unless it is the principal place of business or the residence of the owner or agent.
The owner shall specify the address to which all notices, violations, and any invoices for fees are to be delivered. All inspections by the Code Officer must be requested at least seven days in advance. A fee of $50 will be charged for each inspection. If said owner's principal place of business is not located within Steuben County, or is located within Steuben County but none of the business's officers, directors, or members reside in said county, or the owner's principal residence is not located within said county, the owner must designate on the registry form a natural person, 18 years of age or older, who resides in Steuben County as the agent whom the owner authorizes to make decisions regarding management and maintenance of the building and upon whom the service of legal process and all notices may be served or delivered. The owner's designation of an agent shall authorize and empower the Agent to make all decisions on behalf of the owner. Within 60 days of the date of transfer of the title to any building subject to this article, the new owner shall file a new registry form.
There shall be no filing fee for any owner filing a registry form within 90 days after the effective date of this article.
Thereafter, an owner who owned a building during said ninety-day period, but failed to file a registry form during such period, shall pay at the time of filing, a registry fee of $125 for each building registered.
In addition to any other remedies available under law, any owner failing to comply with the requirements of this article must apply for certification. In the event that the owner fails to apply for and obtain certification, the Code Officer may cause to be posted conspicuously on any or all the owner's buildings containing rental dwelling units, "Do Not Occupy" stating substantially as follows: "These premises are uncertified pursuant to Local Law #1 of 2016 of the Village of Hammondsport and the use and occupancy of the building is prohibited effective 30 days from the date of this notice, and therefore no person shall enter the building except for the purpose of making repairs, maintenance, and security until the owner registers it in accordance to Local Law #1 of 2016."
If a "Do Not Occupy" notice is posted on a building, no owner may charge or collect rent from the tenants thereof, nor may an owner evict a tenant for nonpayment of any rent that would otherwise have become due during the time a "Do Not Occupy" order is in effect.
The violation of any provision of this article is an offense and shall subject the person violating the same to a fine not to exceed $500, or to imprisonment for a term not to exceed 15 days or both.
Each day of continued violation shall constitute a separate and distinct offense.