[Adopted 10-23-2006 by L.L. No. 7-2006 (Part 75 of the 2003 Code)]
The purpose of this legislation is to establish a uniform program
for the registration and inspection of rental properties within the
Village in an effort to help protect and safeguard the rights, health,
safety and welfare of landlords and tenants. Also, the intent of the
program is to ensure proper maintenance of the rental housing stock
through the participation of owners, tenants, the Village and the
community through annual building inspections and registration.
As used in this article, the following terms shall have the
meanings indicated:
AGENT
A representative of a property owner or landlord at least
18 years old and who resides within the designated boundaries of Onondaga,
Madison, Oswego, Cortland or Cayuga County and legally authorized
and identified to the Village to act in the owner's behalf in matters
regarding the rental units.
LANDLORD
Any property owner or designated agent who offers a housing
unit for occupancy to anyone other than the owner.
RENTAL PROPERTY
Any housing unit or units which are occupied by persons other
than the owner.
RENTAL UNIT
Any housing unit within a rental property occupied by persons
other than the owner.
RENTAL UNIT OCCUPANCY PERMIT
A permit issued by the Village of East Syracuse stating that
the referenced property and/or rental unit conforms to the standards
of the Property Maintenance Code and Fire Code of New York State,
Life Safety Code and the Municipal Code of East Syracuse and that
structure or rental unit is permitted for residential use. Any special
circumstances or conditions under which occupancy is permitted may
be specified on that rental permit.
TENANT
Any person who occupies a non-owner-occupied rental unit.
UNFIT RENTAL UNIT
When a structure or unit(s) is found to be unsafe, unfit
for human occupancy or is found unlawful.
The Village of East Syracuse reserves the right to revoke or
suspend any rental unit occupancy permit at any time due to violations
of any codes, laws and ordinances of New York State and the Village
of East Syracuse.
All units annually monitored by the Village of East Syracuse
Housing Authority and New York State Dormitory Authority are exempt
from registration and inspection provisions as outlined in this article.
If a landlord/tenant refuses to cooperate with an inspection
request, after being provided reasonable notice, an administrative
search warrant will be requested from the courts and the inspector
will return with the warrant and police personnel to make the inspection.
The Village of East Syracuse Board of Trustees shall establish
by resolution and may periodically amend administrative rules, procedures,
fees and other provisions of this article.
[Adopted 10-23-2006 by L.L. No. 7-2006 (Part 76 of the 2003 Code)]
The purpose of this article is to ensure the safety and well-being
of all Village residents by establishing the following definitions,
owner's duties, violations and penalties.
As used in this article, the following words and phrases shall
have the meanings specified:
DISRUPTIVE CONDUCT
Any form of conduct, rising to the level of a violation as defined by the New York Penal Code or the Village of East Syracuse laws, perpetrated, caused, or permitted by any occupant or guest/visitor of a regulated dwelling unit that is so loud, untimely (time of day), offensive, riotous, or that otherwise disturbs other persons of reasonable sensibility of their peaceful enjoyment of their premises such that an official incident report is made to police complaining of such action, conduct, incident or behavior. It is not necessary that such action, conduct, incident, or behavior result in criminal charges filed against any person in order for a person to have perpetrated, caused, or permitted the commission of disruptive conduct as defined herein. An offense shall be deemed to have occurred if the police investigate a complaint and make a determination that disruptive conduct as defined in this article did in fact occur, and make a record of the same. Such a determination is subject to judicial review in accordance with §
265-14B of this article.
DISRUPTIVE CONDUCT REPORT
A written report of disruptive conduct on a form to be prescribed
therefor, to be completed by the police officer or team who actually
investigated an alleged incident of disruptive behavior. A copy of
the same shall be maintained by the Code Enforcement Officer.
DWELLING
A building having one or more dwelling units.
DWELLING UNIT
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking, and sanitation.
GUEST/VISITOR
A person on the premises with the actual or implied consent
of an occupant.
ILLEGAL ACTIVITIES
The occupant shall not engage in nor tolerate nor permit
other on the premises to engage in any conduct declared illegal under
the New York Penal Law or the Village of East Syracuse laws.
MULTIFAMILY DWELLING
A building containing three or more independent dwelling
units, including, but not limited to, double houses, row houses, townhouses,
condominiums, apartment houses, and conversion apartments.
OCCUPANT
An individual who resides in a regulated rental unit, whether
or not he or she is the owner thereof, with whom a legal relationship
with the owner is established by a written lease or by the laws of
the State of New York.
OWNER
One or more persons, jointly or severally, in whom is vested
all or part of the legal title to the premises, or all or part of
the beneficial ownership and a right to present use and enjoyment
of the premises, including, but not limited to, a mortgage holder
in possession of a regulated rental unit.
PEACEFUL ENJOYMENT
The occupant or his or her guests shall not conduct themselves
in an illegal manner that may disturb the peaceful enjoyment of adjacent
or nearby dwellings by the persons occupying the same.
PERSON
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust, or any other entity.
POLICE
The Village of East Syracuse Police Department or any properly
authorized member or officer thereof, or any other law enforcement
agency having jurisdiction within the Village of East Syracuse.
PREMISES
Any parcel of real property in the Village of East Syracuse,
including the land and all buildings and appurtenant structures or
appurtenant elements on which one or more regulated rental units is
located.
REGULATED RENTAL UNIT
Any dwelling unit that is rented, leased, let out, or otherwise
permitted to be occupied by a person(s) other than the owner. Vacant
dwelling units are classified as regulated rental units.
RENTAL UNIT OCCUPANCY PERMIT
The permit issued to the owner of regulated rental units under Article
I of this chapter, which is required for the lawful rental and occupancy of regulated rental units.
RESIDENTIAL USE
The occupant shall, unless otherwise permitted by applicable
law, ordinance, or by the Village of East Syracuse, occupy or use
his or her regulated rental unit for no other purpose than as a residence.
SINGLE-FAMILY DWELLING
A detached building containing one dwelling unit, designed
and intended to be occupied by one family for living purposes.
TWO-FAMILY DWELLING
A detached building containing two dwelling units, each entirely
separate from each other, designed and intended to be occupied for
living purposes.
VILLAGE
Village of East Syracuse, Onondaga County, New York.
The provisions of this article are not intended to, nor shall
its effect be, to limit any other enforcement remedies which may be
available to the Village.