[HISTORY: Adopted by the Board of Trustees of the Village
of East Syracuse as indicated in article histories. Amendments noted
where applicable.]
[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:
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.
Any code enforcement official authorized to inspect rental
units.
Any property owner or designated agent who offers a housing
unit for occupancy to anyone other than the owner.
Any housing unit or units which are occupied by persons other
than the owner.
Any housing unit within a rental property occupied by persons
other than the owner.
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.
Any person who occupies a non-owner-occupied rental unit.
When a structure or unit(s) is found to be unsafe, unfit
for human occupancy or is found unlawful.
A.
Rules of registration. No rental unit shall be let, rented or occupied
by someone other than the owner until a rental unit occupancy permit
has been obtained for that unit. A temporary rental unit occupancy
permit will be issued upon initial registration, and that temporary
permit will be valid until an initial inspection is completed. After
inspection, the Village may issue a property owner a rental unit occupancy
permit. Following the adoption of this article, all rental unit occupancy
shall be prohibited without a rental unit occupancy permit, and rental
unit occupancy without a valid permit shall result in the issuance
of an "order to vacate" the occupants of the rental units.
B.
Separate registration. The possession of a valid rental unit occupancy
permit does not relieve a landlord of the requirement to re-register
each rental unit by December 1 of each and every calendar year.
C.
Rental permit. Following the adoption of this article, any landlord
who allows occupation of a residential dwelling unit within the Village
of East Syracuse (including mixed use properties) for residential
use by someone other than the owner must register for and obtain a
rental unit occupancy permit from the Village. All landlords must
register with the Village of East Syracuse within 30 days of the adoption
of this article, and each and every calendar year on or before December
1 thereafter, on a form provided by the Village of East Syracuse.
All rental units must be re-registered within 30 days of change of
ownership. All fees and the "consent to inspect" form shall be submitted
with the registration form. Landlords whose primary residence is outside
Onondaga, Madison, Oswego, Cortland or Cayuga County must register
an agent on their behalf who lives in Onondaga, Madison, Oswego, Cortland
or Cayuga County and is responsible for the rental property. No vacant
property shall be rented until a rental unit occupancy permit is issued.
D.
Inspections. The Housing Inspector(s) and Code Enforcement Officer
shall be authorized, in the performance of their duties, to conduct
inspections of properties, or parts of properties, at such times and
in such manner as they may find necessary, with the consent of the
person in possession or occupancy.
E.
Independent special inspections. As scheduled by the code enforcement
official or as required by this article or other provisions of law
where there is reasonable question of safety, owners of properties
shall be responsible for the inspection and testing of systems, materials
and workmanship that are critical to the integrity of the building
structure and safety of tenants.
F.
Qualified personnel. Independent special inspections and tests shall
be made by qualified persons who, because of experience or education,
are recognized as competent by the Code Enforcement Officer. Reports
of inspections and tests, signed by the tester and a witness, together
with a statement of any remedial measures to be taken, shall be filed
with the Code Enforcement Officer within 10 days after each inspection
and test. If any equipment or system is found to be defective or not
in proper operating condition upon inspection or test, the landlord
shall promptly remedy such defect or condition.
G.
Notice of violations. The code enforcement officials shall, in their
discretion, determine the severity of any code violations following
an inspection. If a property owner is cited with a code violation,
the inspector will notify the landlord of the violation and provide
the landlord with a reasonable amount of time in which to make repairs.
This provision does not apply to emergency situations or code infractions
deemed to be "serious" in nature. If the violations are not corrected
by the re-inspection date, an appearance ticket may be issued, and
a court appearance will be required.
H.
Order to vacate premises. Whenever a notice of violation, as provided in Subsection G, has not been complied with, or the determination has been made that a property or unit(s) is unsafe, unfit for human occupancy, unlawful or "serious" in nature, the Housing Inspector/Code Enforcement Officer may order the rental property or rental unit(s) to be vacated within such reasonable time as the Code Enforcement Officer shall direct.
I.
Approval to occupy. No such property or unit(s) previously ordered
to be vacated shall be used again for human occupation until written
approval and a rental unit occupancy permit is secured from the Code
Enforcement Officer.
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.
A.
Fees. Registration and inspection fees shall be set by resolution
of the Village of East Syracuse Board of Trustees. Failure to pay
registration and inspection fees within 60 days of annual registration
date will result in the charges being levied against and added as
an additional tax to the subject property.
B.
Penalty for offenses. Any person, firm or corporation who or which
violates, disobeys, neglects or refuses to comply with any of the
terms of this article shall be guilty of a violation and be subject
to a fine of not more than $1,000. Each week a violation continues
shall be deemed a separate offense.
C.
Prior payment. All fees and penalties shall be paid prior to the
issuance of any rental unit occupancy permit.
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:
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.
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.
A building having one or more dwelling units.
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking, and sanitation.
A person on the premises with the actual or implied consent
of an occupant.
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.
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.
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.
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.
A dwelling unit in which the owner resides on a regular,
permanent basis.
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.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust, or any other entity.
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.
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.
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.
An agreement, written or oral, between owner and occupant.
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.
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.
A detached building containing one dwelling unit, designed
and intended to be occupied by one family for living purposes.
A detached building containing two dwelling units, each entirely
separate from each other, designed and intended to be occupied for
living purposes.
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.
A.
It shall be the duty of every owner of every single-family dwelling,
two-family dwelling, and/or multifamily dwelling to keep and maintain
all regulated rental units in compliance with all applicable codes
and provisions of all other applicable state laws and regulations
and local ordinances and to keep such property in good and safe condition.
B.
In no case shall the existence of any agreement between owner and
occupant relieve an owner of any responsibility under this article
or the Village Code for maintenance of premises.
C.
Every owner shall be responsible for regulating the proper and lawful
use and maintenance of every dwelling which he or she owns. Every
owner shall also be responsible for regulating the conduct and activities
of the occupants of every regulated rental unit which he, she, or
it owns in the Village by complying with this article.
D.
Following the effective date of this article, a summary of this article
shall be attached to each rental agreement delivered by or on behalf
of an owner when any such agreement is presented for signing to any
occupant.
A.
The occupant of a dwelling unit shall, unless otherwise permitted
by applicable law or ordinance, occupy or use his or her regulated
rental unit for no other purpose than as a residence.
B.
The occupant of a dwelling unit shall not engage in, nor tolerate
or permit others on the premises to engage in, disruptive conduct,
or other violations of New York State or Village of East Syracuse
laws.
A.
When police investigate an alleged incident of disruptive conduct,
the investigating officer shall complete a disruptive conduct report,
upon finding that the reported incident did, in his or her judgment,
constitute disruptive conduct as defined herein. The information filled
in on said report shall include, if possible, the identity or identities
of the alleged perpetrator(s) of the disruptive conduct and all other
obtainable information, including the factual basis for the disruptive
conduct requested on the prescribed form. Where the police make such
an investigation, said police officer shall then submit the completed
disruptive conduct report to the Code Enforcement Officer. In all
cases, the Code Enforcement Officer shall mail a copy of the disruptive
conduct report to the owner and the occupant within seven business
days of the occurrence of the alleged disruptive conduct, along with
notice of the owner's and occupant's right to contest the report and
the procedures for initiating a judicial review in the Village of
East Syracuse Justice Court. The third occurrence of disruptive conduct
within a one-year period (rolling year) will result in a notice from
the Code Department that Village law requires the commencement of
mandatory eviction.
B.
Notice and appeals.
(1)
Either the owner or occupant shall have the right to appeal the issuance
of any disruptive conduct report under this article by requesting
an appeal before the Village Justice, in writing, along with $100
processing fee, no later than 10 business days after the receipt of
said notice. Any party requesting an appeal shall be entitled to a
hearing before the Village Justice to determine whether or not:
(2)
In all such hearings, the Village shall have the burden of proving
the validity of the disruptive conduct notice by a preponderance of
the evidence.
A.
Evictions. After an occupant has received three valid disruptive
conduct citations, the owner of the property must initiate eviction
proceedings in the East Syracuse Justice Court or other court of competent
jurisdiction no later than 10 business days from the date that the
owner received notice to commence an eviction. A copy of that court
filing must be provided to the Code Enforcement Officer prior to the
expiration of the ten-working-day period.
B.
Fines. Any person, firm or corporation who or which violates, disobeys,
neglects or refuses to comply with any of the terms of this article
shall be guilty of a violation and be subject to a fine of not more
than $250. Each week a violation continues shall be deemed a separate
offense.
C.
Either the owner or occupant shall have the right to appeal the issuance
of a notice from the Code Department that Village law requires a landlord
to commence an eviction after the receipt of three reports during
a rolling twelve-month period.
