[HISTORY: Adopted by the City Council of the City of Canandaigua as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 714.
Housing standards — See Ch. 748.
[Adopted 10-6-2016 by Ord. No. 2016-009]
This article shall be known as the "Canandaigua Rental Housing Registration Law," and will be referred to as such in this article.
A. 
The City Council has determined that there exists in the City of Canandaigua issues arising from the relatively large proportion of residential rental property, which currently accounts for approximately 50% of all residential units in the City. A number of these rental units may, from time to time, be substandard or in violation of the New York State Uniform Fire Prevention and Building Code, the New York State Multiple Residence Law, or other state codes or local codes. The City Council finds that the large number of rental units encourages a transient population, which often accounts for a disproportionate number of complaints of public nuisances, including but not limited to noise, disorderly conduct, and property damage. The City Council also finds that identifying and contacting a responsible party to address code violations, nuisance calls, and emergencies associated with residential rental properties is frequently a challenge for City staff because contact information for the owner or his/her agent is not routinely gathered and updated.
B. 
In light of these findings, the City Council further has determined that it is in the public interest to establish an annual rental property registration program, wherein owners of residential rental property shall provide, annually to the City, contact and other information that will aid staff in identifying a responsible party.
A. 
The provisions of this article shall apply to all residential rental buildings and structures now in existence or hereafter constructed, rehabilitated, renovated or converted to residential use within the City limits, except those buildings and structures specifically excluded from the provisions of this article.
B. 
Nothing in this article shall be deemed to change the validity of or requirements for a certificate of occupancy under the Building Code of New York State.
C. 
Exceptions. The provisions of this article do not apply to:
(1) 
Buildings, structures and uses owned and operated by any governmental unit or governmental agency, including the State of New York, or the County of Ontario.
(2) 
Single-family dwellings occupied by a record title holder.
(3) 
Transient shelters and group homes subject to state inspection.
(4) 
Residential structures of which ownership passes to a governmental unit.
(5) 
Hotels or motels.
(6) 
Tourist homes or bed-and-breakfast dwellings.
(7) 
Nursing homes, intermediate care nursing homes or convalescent dwellings.
D. 
Where a nonresidential business or activity or a state-licensed or state-approved use occupies a portion of a building and the building contains premises which would otherwise be subject to this article, this article shall be and remain applicable to the residential and common or public areas of such building and premises.
A. 
Owners of residential rental property that is located in the City shall complete and sign a rental registration form provided by the Code Enforcement Office within 30 days of date of mailing, or electronically if authorized by the City. The form shall indicate the name, physical address, and telephone number of each owner and agent, if applicable; the number and address of each rental dwelling, the number of dwelling units contained within each rental dwelling, whether the premises are governed by a written lease or an oral lease, daytime and evening telephone numbers of the owner and agent, if applicable, the maximum number of tenants, and any other pertinent data sought by the Code Enforcement Officer. The form shall indicate an address for receipt of notices by mailing under this article. The property owner shall be responsible for timely updating such information in the event that changed circumstances would render the information in the registration form inaccurate.
B. 
Owners of residential rental property located in the City, who reside in any county other than Ontario County or contiguous counties, shall provide the Code Enforcement Office with the name, physical address, and twenty-four-hour phone number of an individual over the age of 18 who shall reside in Ontario County or any county contiguous thereto and who shall be designated as agent for receiving mailed notice or service of process and acting on behalf of the owner in his absence. Such agent shall be deemed to have the rights and responsibilities of the property owner for the purposes of this article. A new property owner shall provide the information required in this subsection within five days from the date of any change of ownership.
Owners of rental buildings or structures existing on the date of adoption of this article must register in accordance with § 560-4 by no later than January 30 of the year following adoption.
A. 
Any property owner who commits or permits any acts in violation of any of the provisions of this article or who fails to comply with the provisions thereof shall be deemed to have committed an offense against such article and also be liable for any such violation or penalty. Each day such violation shall continue or be permitted to exist shall constitute a separate violation.
B. 
For every violation of any provision of this article, the person violating the same shall be subject to a fine of not more than $250 and/or 15 days in jail for each such offense. Such penalty shall be collectible by and in the name of the City for each day that such violation shall continue.