[HISTORY: Adopted by the Board of Trustees of the Village of Walton as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-3-2014 by L.L. No. 1-2014 (Ch. 40B of the 1973 Code)]
As used in this article, the following terms shall have the meanings indicated:
CORPORATION
Any fictitious legal entity authorized by the laws of the State of New York to own real property, including, but not limited to, a foreign or domestic corporation of any type, a limited liability company or a limited partnership.
MULTIPLE DWELLING
Includes a dwelling which is either rented, leased, let or hired out to be occupied or is occupied as the temporary or permanent residence or home of three or more families living independently of each other.
OWNER
The owner or owners of a freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm, partnership, corporation or entity directly or indirectly in control of a dwelling.
The owner of any rental property located within the Village, whether a one- or two-family residence or a multiple dwelling, shall post and maintain in a conspicuous place in such dwelling a legible notice identifying the owner and managing agent of such dwelling, together with the residence and business addresses and telephone numbers of the owner and managing agent. Where the owner is a corporation, the sign shall contain the names, addresses and telephone numbers of the officers thereof, together with the residence and business addresses and telephone numbers of the officers and of the corporation as well as the information regarding the managing agent.
The owner of any rental property located within the Village, whether a one- or two-family residence or a multiple dwelling, shall file with the Village Clerk, within 60 days after the adoption of this chapter or within 30 days of the acquisition of ownership therein, a written registration statement on forms to be supplied by the Village Clerk, containing the following information.
A. 
A description of the premises by street number or block and lot number.
B. 
The name and residence and business address of such owner, together with his residence and business telephone number or, if such owner is a corporation, the name and address of such corporation and the name and residence and business address of all officers thereof, together with the residence and business telephone numbers of the corporation and all officers.
C. 
Designated managing agent or agents. The name, residence, business address and residence and business telephone number of at least one natural person, 21 years of age or over, who either actually resides or has a regular place of business located within 10 miles of the Village of Walton who is designated by such owner as the managing agent in control of and responsible for the maintenance and operation of such dwelling, and who shall be designated as the person upon whom process may be served on behalf of the owner. There shall be endorsed upon such statement a written consent to such designation signed by such managing agent.
A. 
An owner who is a natural person and who meets the requirements of this subsection as to the location of the residence or place of transacting business of a managing agent may designate himself as such managing agent. Nothing contained in this section shall be construed as preventing a corporation which is an owner of a multiple dwelling from designating as its managing agent with respect thereto any officer of such corporation who meets the requirements of this subsection as to the location of the residence or place of transacting business of a managing agent.
B. 
The managing agent shall keep a current record of all the tenants and their names and addresses, who are renting, leasing or living on the premises.
C. 
Any designation as managing agent made pursuant to the provisions of this chapter shall remain in full force and effect until changed or terminated as hereinafter provided.
D. 
Any registration statement or designation of a managing agent filed and maintained by the Village Clerk-Treasurer shall be deemed prima facie proof of the statements therein contained in any civil action or criminal prosecution instituted by the Village against the owner or managing agent of a multiple dwelling.
E. 
Any owner may terminate such designation by filing with the Village Clerk-Treasurer a written designation of a new managing agent made in conformity with the provisions hereinabove cited. Any managing agent may terminate his or her designation by the filing with the Village Clerk-Treasurer and signed statement of the termination of the agency relationship with the owner.
F. 
Any designation of a managing agent made pursuant to the applicable provisions of this section shall cease to be effective if such agent shall die or be judicially declared incompetent.
Where, after the filing of any registration statement in relation to any rental property under the applicable provisions of this section, the owner of such dwelling shall have granted or transferred his right, title or interest therein or in any part thereof, such owner shall file with the Village Clerk, within 10 days after such grant or transfer, a written statement which shall contain the name and residence and business addresses of the grantee, transferee or other successor of such right, title or interest, or if such grantee, transferee or successor is a corporation, the name and address of such corporation.
Any owner who shall fail to initially file or thereafter accurately amend the registration of any rental property as to its ownership, or to maintain a managing agent for any rental property to file the same with the Village Clerk-Treasurer in conformance with the provisions of this section within 15 days of any change in the managing agent of any rental property in the Village, shall be guilty of a violation of this section.
Any person who violates the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be subject to a fine of not more than $250 or imprisonment for a period not to exceed 15 days, or both. Each week a violation continues shall be deemed a separate offense.