[Amended 11-20-2023 by L.L. No. 9-2023]
At the request of the Village Clerk or Building Department,
the Village Attorney or his deputy or designee is authorized to make
application to any other court of competent jurisdiction for the issuance
of a search warrant to be executed by a police officer in order to
conduct an inspection of any premises believed to be subject to the
registry jurisdiction of this chapter. The Village Clerk or Building
Department may seek a search warrant whenever the owner and/or managing
agent fails to allow inspections of any dwelling unit contained in
the rental property where there is a reasonable cause to believe that
there is a violation of this chapter or a violation of the New York
State Uniform Fire Prevention and Building Code or of any code of
the Village of Suffern.
Without limitation on any available remedy, the Village of Suffern
shall have a choice of enforcing this chapter by seeking civil penalties
or by instituting a criminal proceeding or may choose to do both.
A. Criminal proceeding. A summons or appearance ticket for any violation
of this chapter may be served in the County of Rockland as defined
within the meaning of New York Criminal Procedure Law § 150.40.
In the event that the owner does not reside in the County of Rockland,
then the owner shall be obligated to designate a managing agent who
maintains a bona fide residence.
[Amended 9-5-2023 by L.L. No. 8-2023]
B. A designating managing agent of an owner may be served with a notice
of violation, order of remedy, order of violation, an appearance ticket
or other service of process, whether criminal or civil, pursuant to
and subject to the provisions of law as if actually served upon the
owner.
C. No owner who designates a managing agent pursuant to the provisions
of this chapter may assert the defense of lack of notice or lack of
in personam jurisdiction based solely upon the service of process
upon his designated agent.
[Amended 9-5-2023 by L.L. No. 8-2023]
A. Rental permits.
(1) No rental property and/or building as defined herein shall be occupied
by anyone, including any tenants, without a valid rental permit.
(2) In reviewing the application, the Village Clerk may refer the application
to the Building Department which shall have the right to inspect the
property for purposes of ensuring compliance with this chapter. The
results of such an inspection shall be promptly reported in writing
to the Village Clerk. If an inspection authorized herein is conducted,
the Village Clerk may use the results of such inspection in determining
whether to issue the permit, with or without conditions, or to not
issue the permit.
[Amended 11-20-2023 by L.L. No. 9-2023]
(3) The Village Clerk shall issue such permit after receipt of a valid
landlord registration statement which complies with all of the requirements
set forth herein. In issuing a permit, the Village Clerk may impose
such reasonable conditions and restrictions as are directly related
to and incidental to the use of the property for residential rentals.
[Amended 11-20-2023 by L.L. No. 9-2023]
(4) No rental permit shall be issued for any property for which a violation of the Zoning Law exists. In order to issue such permit, the Village Clerk must determine that adequate on-site parking is provided and that the parking area is improved in accordance with the provisions of the Zoning Law and to the satisfaction of the Village Clerk. Tenants and guests shall park in the off-street parking spaces and shall not park on any part of the lawn of the property nor on the public or private street. The property must, in the opinion of the Village Clerk, have sufficient off-street parking spaces improved in accordance with §
266-22 of the Zoning Law. The Village Clerk may seek the opinion of the Building Inspector or other officer, employee or consultant of the Village in order to review the adequacy of the on-site parking.
[Amended 11-20-2023 by L.L. No. 9-2023]
(5) In addition, the Village Clerk may decline an application for any
of the following reasons:
[Amended 11-20-2023 by L.L. No. 9-2023]
(a)
If the application is incomplete or the documentation required
by this section or regulations adopted by the Village was not included
with the application.
(b)
If a previously issued permit to any of the owners of the property
had a permit revoked within the previous year.
(c)
If the affidavit from the owners or if an inspection conducted
by the Building Inspector, Enforcement Officer or Fire Inspector as
authorized in this section evidences that the subject property is
not in compliance with this section or any other provision of the
Village of Suffern Code.
(6) Such
rental permit shall be valid for a period of one year from its issuance
or until such time as the owner or any new owner is required to file
a new landlord registration statement.
(7) The
owner and/or managing agent must present the previous rental permit
at the time that the new landlord registration statement is submitted.
[Amended 11-20-2023 by L.L. No. 9-2023]
Any permit issued pursuant to this chapter may be revoked or
suspended by the Village Clerk after notice to the owner, setting
forth the basis for the suspension or revocation and an opportunity
for the owner to be heard upon a finding by the Village Clerk that
the requirements of this chapter or any conditions of said permit
have been violated or that the premises are not being maintained in
accordance with the requirements of any applicable law, rule or regulation.
Any person who claims to be aggrieved by any such suspension or revocation
may file with the Village Clerk a letter setting forth the basis for
his/her contention that the suspension or revocation is erroneous
within five days after receipt of any such notice of suspension or
revocation. The Board of Trustees shall promptly provide an opportunity
for the appellant to be heard, either in writing or in person, and
shall either affirm, reverse or modify the suspension or revocation.
[Amended 9-5-2023 by L.L. No. 8-2023]
Violations of this chapter will constitute an offense within
the meaning of the Penal Law of the State of New York, punishable
as provided for herein. In addition, a violation of any provision
of this chapter shall constitute a municipal infraction and will be
subject to applicable penalties under this chapter, and the Village
of Suffern may choose to enforce this chapter as a criminal or civil
matter, or both. Any owner who violates, disobeys, neglects or refuses
to comply with any of the terms of this chapter shall be subject to
a fine of not more than $10,000. Each week a violation continues shall
be deemed a separate offense and so subject the owner to an additional
fine of up to $10,000. In addition, if the Village of Suffern chooses
to proceed under this chapter as a criminal offense, the violation
of this chapter shall be subject to a fine of up to $10,000 and/or
up to 30 days in jail, it being understood that each week a violation
continues shall be deemed a separate offense subjecting the offender
to additional weekly fines of up to $10,000 and/or additional jail
sentences of up to 30 days.