A. 
Any rental property shall be registered and inspected annually in accordance herewith.
B. 
If the owner of a registered rental property does not maintain his or her primary residence within 15 miles of the Village of New Paltz, said owner shall appoint a property manager who does maintain his primary residence within that distance, and, in that event, such property manager shall be registered with the Code Enforcement Official along with the rental property itself.
C. 
Whenever ownership of a rental property is transferred, the new owner - if the property is to be rented - must notify the Code Enforcement Official of the change of ownership within 15 days of the date of change in title. No additional annual fee for the year in which the transfer was completed shall be required from the new owner of the rental property. The new owner if the property is to be rented shall be liable for compliance with this chapter and the rental property registration requirements as set forth herein, including any violations thereof whether before or after taking title.
A. 
The owner of a rental property shall file with the Building Department a rental property registration form as prescribed by the Code Enforcement Official within the time frame set forth in § 129-6C and prior to its first-time use or occupancy as a rental property. Such form shall include, but not necessarily be limited to:
(1) 
The name, street address, mailing address, email address and home, work and cell numbers of both the property owner and property manager if applicable;
(2) 
The property location, both by street or postal address and tax roll identification number of the subject rental property;
(3) 
The number of dwelling units contained in said building;
(4) 
The number of individual sleeping units contained in each dwelling unit;
(5) 
The number of intended tenants, subtenants and/or occupants of each dwelling unit;
(6) 
The signature of the property owner and/or property manager;
(7) 
The signature of the Code Enforcement Official, which shall not be affixed until the inspection procedure set forth herein has been completed and there is a determination that there are no violations of this or any other Code provision;
(8) 
Date and time of the annual inspection;
(9) 
Verification by the Code Enforcement Official or designee that the property meets the requirements of the New York State Uniform Fire Prevention and Building Code (the Uniform Code), and the property has passed the annual inspection;
(10) 
An attached copy of the completed annual inspection checklist. The Code Enforcement Official may extend the annual inspection checklist deadline by no more than 15 days;
(11) 
The signature of the property owner or designee affirming he/she was present at the inspection and received a copy of the inspection.
B. 
The Village shall collect an annual fee for each registration form filed with the Code Enforcement Official in the amount set annually by resolution of the Board of Trustees.
C. 
After the inspection, the application made by the owner shall contain verification on the part of the Code Enforcement Official that the property meets the requirements of the New York State Uniform Fire Prevention and Building Code (the Uniform Code), as well as any other laws, rules and regulations promulgated by any local, state or federal agency.
D. 
Annual rental property inspection required.
(1) 
An approved rental property registration form shall be valid for one year from the date issued.
(2) 
For a registration to be valid, it must be accompanied by a successful annual inspection report. Such inspection shall follow the following procedure:
(a) 
Prior to any inspection, the applicant must pay a registration fee as described above.
(b) 
The Code Enforcement Official shall inspect the property, providing the property owner and tenants with a copy of the written inspection report.
(c) 
If a property owner knowingly rents a property found physically lacking one or more of the following: running water, heat or heat source, electricity, sanitary facilities, windows in sleeping spaces, cooking facilities and/or smoke/carbon monoxide detector(s) or there is the presence of black mold, the property may not be rented until remedied and a reinspection completed. If there are current tenants, they must be vacated and placed in temporary housing as per § 129-7E.
(d) 
If it is feasible for the owner to remedy the violation during the inspection in which it is identified, or within 24 hours thereof, reasonable effort will be made by the Code Enforcement Official to remain or return accordingly, to avoid unreasonable delay in compliance. Where such remedy is accomplished, no violation shall be issued.
E. 
Temporary housing.
(1) 
If a rental property is found not to be registered and/or upon inspection been denied, suspended or revoked for any reason set forth in Subsection D(2)(c) of this section unrelated to force majeure or the acts, omissions or negligence of tenant or tenant's invitees, the property owner shall provide, at owner's expense, temporary housing or the expense thereof for all displaced tenants, unless otherwise agreed to by tenant until:
(a) 
Said tenant's lease expires;
(b) 
A certificate of occupancy and a rental registration is issued, whichever is earliest; or
(c) 
The displaced tenant(s) find alternate housing.
(2) 
Such temporary housing shall be provided at the nearest feasible geographical location and rental rate.
F. 
Tenant list. The property owner shall certify or affirm that he or she has the name, address and contact information for each tenant or subtenant occupying each dwelling unit. Any property owner who fails to maintain said information shall be guilty of a violation of this chapter, which is hereby declared to be a violation, and, upon conviction thereof, shall be punished by a fine not to exceed the amount set forth in the schedule of penalties, fees and fines maintained by the Village per tenant or subtenant.
A. 
All registered rental properties shall be inspected by the Code Enforcement Official at least annually.
B. 
Property owner or manager shall be provided a copy of the blank annual inspection report checklist at the time that the registration application is filed whose criteria shall be maintained by the Code Enforcement Official. Tenants of the subject rental property shall be entitled to a copy of the annual inspection report checklist upon request.
C. 
The Code Enforcement Official shall have the right to inspect all properties which are required to be registered in accordance with this chapter except that the owner, property manager or owner's agent shall have the right to insist upon the procurement of a search warrant from a court of competent jurisdiction by the Code Enforcement Official in order to enable such inspection. The Code Enforcement Official shall be required to obtain a search warrant whenever the owner, property manager or owner's agent refuses to permit a warrantless inspection of the premises after having been advised that he or she has a constitutional right to refuse entry of such official without a search warrant.
D. 
Property owners, managers, and tenants shall be responsible for providing access to all parts of the premises within their control to the Code Enforcement Official and/or Code Enforcement Assistant or their designees, acting in their official capacity under these or other provisions of the Code.
E. 
If access is refused or cannot be obtained, the Village shall have the right to revoke or deny the rental property registration.
F. 
After the completion of the inspection itself, the Code Enforcement Official shall cite the property owner with a notice to remedy within 30 days, and, if the violation is not remedied within 30 days, then the Code Enforcement Official shall issue a violation and appearance ticket for said violation. Notwithstanding the foregoing, if in the Code Enforcement Official's judgment, the violation witnessed during the inspection poses an imminent threat to the health, safety, and welfare of the property occupants or the public, the Code Enforcement Official may issue a violation and appearance ticket immediately, without first issuing an order to remedy.
G. 
If there are no code violations or violations of this chapter, the owner shall be issued a rental property registration.
H. 
If there are code violations or violations of this chapter which are not or cannot be immediately remedied according to § 129-7D(2)(c), the Code Enforcement Official shall not issue the rental property registration, and shall issue orders to remedy or appearance tickets for all such violations as set forth herein.
I. 
In the event of the issuance of appearance tickets, a rental property registration shall not be issued to the owner until there has been a final disposition of the matters which are the basis for the appearance ticket or tickets before the Town Court and the conditions remedied or a determination made by the Court that no violation of code or this chapter had been committed.
A. 
The Code Enforcement Official shall maintain a rental index of all registered rental properties, and shall make said index available to any person seeking access thereto.
B. 
The rental index shall include, but not be limited to:
(1) 
All information required of registered rental properties, including the completed rental inspection checklists.
(2) 
A history of all violations, fires, or other incidents at the property in question.
A. 
A property owner who is required to register his/her property, and who fails to register said property; and/or provides incomplete or incorrect registration information; and/or has failed to update all registration information within 30 days of a change in that information; or fails to comply with any other provision of this chapter, shall first be given 30 days' notice by the Code Enforcement Official of the violation.
B. 
If the property has not been registered within the 30 days provided, the Code Enforcement Official shall issue the owner an appearance ticket.
A. 
Responsibilities of occupants. Occupants of dwelling units shall be responsible for compliance with the housing standards in regard to the following:
B. 
Limiting occupancy of that part of the premises which he occupies or controls to the maximum permitted by the housing standards.
C. 
Maintenance of that part of the premises which he occupies or controls in a clean, sanitary and safe condition.
D. 
Maintenance of all plumbing, cooking and refrigeration fixtures and appliances, as well as other building equipment and storage facilities in that part of the premises which he occupies or controls, in a clean and sanitary condition, and providing reasonable care in the operation and use thereof.
E. 
Keeping exits from his dwelling unit clear and unencumbered.
F. 
Disposal of garbage and refuse into provided facilities in clean and sanitary manner.
G. 
Extermination of insects, rodents or other pests within his dwelling unit if his unit is the only one infested in the premises.
H. 
Hanging and removing required screens.
I. 
Keeping his domestic animals and pets in an appropriate manner and under control.
A. 
Each day that a violation shall continue shall constitute a separate violation at the discretion of the Building Department.
B. 
The Code Enforcement Official shall file charges with respect to any violations and may issue and serve appearance tickets when he or she has reasonable cause to believe that such violation or offense has been committed.
C. 
For every violation of this chapter, the owner and/or the tenant shall be subject to a fine set annually by resolution of the Board of Trustees as part of its fee schedule and at the discretion of the Code Enforcement Official.
D. 
In addition to the foregoing, the Board of Trustees may maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
The provisions of this article shall be applicable to all newly registered rental properties as of the effective date of this article. For those properties that are currently registered under the existing Chapter 129 of the Village Code, the provisions of this newly enacted Article II of Chapter 129 shall be applicable to those properties as of the date of the expiration of said property's current registration.