[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:
A. The protection of the character and stability of residential areas
within the community;
B. 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
C. 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:
AGENT
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.
BUILDING
All structures containing one or more dwelling units rented
or being offered for rental within the village.
CODE
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.
DEPARTMENT
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.
OWNER
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.
PERSON
An individual or any entity which lawfully can be the fee
owner of real property.
VILLAGE
The Village of Hammondsport, County of Steuben, State of
New York.
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:
A. 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;
B. 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;
C. The street address of each building;
D. The number of dwelling units in each building;
E. If applicable, the required information must be provided for the
owner-designated agent;
F. The type(s) of any fire protection located within each building;
G. 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.
H. 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.
I. 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.
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.