[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. I]
An article of the Village of Canajoharie, New York, providing
for registration and posting of owner and manager information and
designation of agent.
It is recognized by the Village Board that a number of properties
in the Village are owned by persons who do not live in the Village
of Canajoharie or in the County of Montgomery. As a result, it has
often been difficult for Village departments, such as the Fire Department,
Department of Public Works, Water Department, Police Department, as
well as the Code Enforcement and Zoning Officer to contact the absentee
officers when necessary. The Village Board recognizes the need for
such departments and officials to contact the owner and/or manager
of a property located within the Village, particularly in emergency
situations. In order to facilitate such contact with the owners and/or
property managers, these provisions are being enacted to require the
registration with the Village and posting in the building on such
properties of the names, addresses and telephone numbers of such property
owners and property managers so as to provide the Village and its
various departments with accessible and accurate information concerning
the property and the person or persons to contact should there be
a problem or emergency at the property.
As used in this article, the following terms shall have the
meanings indicated:
ACTION or PROCEEDING
Any action or proceeding which may be instituted in the Town
Court of the Town of Canajoharie in connection with an alleged violation
of any of the local laws, rules or regulations of the Village of Canajoharie.
BUILDING
Any improved real property located within the Village of
Canajoharie which, in whole or in part, is non-owner-occupied.
OWNER
Any individual or individuals, partnership or corporation,
whether for profit or otherwise, in whose name title to a building
stands.
PROCESS
A summons or any notice, mandate or other paper or process
issued under any provision of the Code of the Village of Canajoharie.
VILLAGE CLERK
Either the Village Clerk or the Deputy Village Clerk of the
Village of Canajoharie.
In the event that a building is:
A. A one-family house, such notice need not be posted.
B. A two- or three-family house and the owner of the building resides in the building, such notice need not be posted, but the owner shall furnish each tenant with the information required in the notice in §
111-4C(1)(b) above.
C. In the event of a change of ownership, a change of the designated
agent or a change of the resident superintendent of such building,
the owner of the property shall file with the Village Clerk new designations
of agent and also naming the Village Clerk to receive the process
and shall post a revision of the required notice in the building and
file a copy of same with the Village Clerk within 30 days of any such
change.
Notwithstanding any other provisions in the Code of the Village
of Canajoharie, any violation of this article is hereby declared to
be a public nuisance which may be enjoined, subject the violator to
the fines, penalties, administrative and/or legal proceedings, including
but not limited to abatement actions taken by the Village and collection
of all legal expenses incurred in the enforcement of this article.
The provisions of this article are hereby declared to be severable
and if any clause, sentence, word, section or provision is declared
void or unenforceable for any reason by any court of competent jurisdiction,
it shall not affect any portion of this article other than said part
or portion thereof.