[Adopted 11-19-1987 by L.L. No. 26-1987]
This article shall be cited and may be referred to hereinafter
as the "Property Ownership Registration Law."
It is the intention of the Village Board of the Village of Chestnut
Ridge, by the adoption of this article, to promote the public health,
safety and welfare of its people by enforcing its zoning laws and
regulations of properties owned by persons residing outside the jurisdiction
of the County of Rockland.
For the purposes of this article, the following terms shall
have the following meanings:
ACTION OR PROCEEDING
Any action or proceeding which may be instituted in the Village
Court in the Village of Chestnut Ridge in connection with the alleged
violation of any ordinance or local law of the Village of Chestnut
Ridge or of the Laws of the State of New York.
OWNER
Any individual, or individuals, partnership, association
or corporation, who is the fee owner of property or who is the lessee
of land, which lease has duration of more than five years. (Such five-year
period shall include any and all extensions contained in the lease
agreement.)
PERSON
Any individual, corporation, partnership, association or
other organized group of persons, municipality or other legal entity.
PROCESS
A summons or any notice, mandate or other paper of process,
issued under any provision of the Code of the Village of Chestnut
Ridge or the laws of the State of New York.
PROPERTY
Real property located within the Village of Chestnut Ridge,
whether unimproved or improved by a structure consisting of other
than a single-family residence.
Should any person fail to comply with the provisions of this
article, then said person will be subject to the penalties hereinafter
set forth. Process setting forth notice of the failure, and the liability
resulting thereby, will be served in any one of the following manners:
A. By personal service upon the owner of said land, as the same is shown
on the last complete assessment roll of the Village.
B. By mailing to such owner, as shown on the assessment roll, by certified
or registered mail, return receipt requested, a copy of said notice
and order, and by securing or affixing a copy of said notice and order
upon the structure.
C. By delivery of a copy thereof to any adult person in charge of, or
residing in, said structure, and by securing or affixing a copy of
said notice and order upon the same.
Any person violating any section or provision of this article
shall, upon conviction, be punished by a fine of a sum not exceeding
$500 for the first offense, $1,000 for the second offense, and $2,000
for the third and subsequent offenses.
Should the aforesaid penalties not be paid within 30 days of being assessed, and after notice of said failure is served as provided in §
203-5 hereinabove, then the property covered by this article will be assessed for the unpaid penalties and shall be collected in the same manner and time as Village taxes.
The Building Inspector, any Code Enforcement Officer, any police
officer or any peace officer, when acting within their official capacity
within the Village of Chestnut Ridge, shall have the power, right
and authority to issue process for violations of this article.
This article shall take effect 30 days after enactment.
[Adopted 10-19-2017 by L.L. No. 4-2017]
For use in this article only, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
LANDLORD AND OWNER
Any person who owns any legally cognizable interest in any
rental property, including, but not limited to, outright ownership
or ownership through a partnership, corporation or limited liability
company.
OWNER-OCCUPIED
A.
SINGLE-FAMILY RESIDENCESFor any rental property to be considered owner-occupied, the owner must prove that all individual title owners (including immediate family members) or all owners, partners, or shareholders of a corporation or other legally organized entity, actually have their principal residence at the rental property and reside therein on a full-time basis, it being the actual domicile of all individual owners, all partners, or all shareholders.
C.
At the request of the Village of Chestnut Ridge, any owner who
claims to occupy the rental property shall provide a sworn affidavit
providing the necessary information to support his or her claim that
the premises are owner-occupied.
PROPERTY MAINTENANCE
The cleanliness and proper working order and upkeep of all
areas and facilities of the rental unit, rental property or complex
used by the tenants and the public.
RENTAL PROPERTY
Any house, structure, building or complex which contains
a residential rental unit other than owner-occupied houses, structures
or buildings.
RENTAL UNIT
Includes that portion of a house, building or structure rented
or offered for rent, for living and dwelling purposes to an individual
or family units.
RESIDE
To live or dwell permanently or continuously for more than
14 days. Said days need not be consecutive, but must occur within
a reasonably short period of time to evidence an intent to utilize
the rental unit as the person's primary place of residence.
TENANTS
Those persons who have leased the rental unit from the owner,
regardless of the type of tenancy under which they occupy the rental
unit.
At the request of the inspecting officer, the Village Attorney
is authorized to make application to Justice Court of the Village
of Chestnut Ridge or any other court of competent jurisdiction for
the issuance of a search warrant, to be executed by a police officer,
Building Inspector, Fire Inspector or Code Enforcement Officer in
order to conduct an inspection of any premises believed to be subject
to the registry jurisdiction of this article. The inspecting officer
may seek a search warrant whenever the owner or occupant fails to
allow inspection of any rental dwelling unit where there is reasonable
cause to believe that a violation of this article or a violation of
the New York Uniform Fire Prevention and Building Code or of any code
of the Village of Chestnut Ridge has occurred after due notice has
been sent by ordinary United States mail. The application for a search
warrant shall in all respects comply with applicable laws of the State
of New York.
Nothing in this article shall prevent any member of the public,
prospective tenant or any resident of the Village of Chestnut Ridge
from determining whether any particular rental property has been registered
pursuant to this article. The general public shall have full access
to said landlord registration statements upon filing of the proper
Freedom of Information Act application.
Should the aforesaid penalties not be paid within 30 days of
being assessed, and after notice of said failure is served as provided
by law, the property covered by this article will be assessed for
the unpaid penalties and shall be collected in the same manner and
time as Village taxes.