[HISTORY: Adopted by the Board of Trustees of the Village
of Bath 7-16-2018 by Ord. No. 2-2018. Amendments noted where applicable.]
A.
Title. This section shall be known as the "Residential Rental Occupancy
Permit Provisions" and is supplementary to applicable provisions of
the Village Code for the Village of Bath.
B.
Purpose and scope. The purpose and scope is to provide uniform administration
and compliance with residential occupancy permits and to establish
the responsibilities of parties concerned therewith.
C.
Inspection and certification of premises.
(1)
General.
(a)
All residential rental dwelling units and commercial rental
units shall be inspected and certified by the Code Enforcement Office
of the Village of Bath (hereinafter "the Department"), which shall
determine compliance with, administer and enforce all applicable provisions
of this code. On and after October 1, 2018, residential occupancy
permits shall be valid for 36 months from the date of issuance. The
vacancy of any unit shall invalidate said permit even if said vacancy
shall occur within said 36 months, unless said vacancy occurs within
18 months of the permit.
(b)
Nothing contained herein shall be construed or operate to invalidate
an otherwise legally effective permit or certificate issued prior
to October 1, 2018, except that such permit or certificate shall be
valid only until September 30, 2021, or a change in the tenancy of
the residential rental dwelling unit to which the permit or certificate
relates, whichever first occurs.
(c)
Except as otherwise provided herein, it shall be unlawful and
a violation of this chapter to rent, lease, sell on a land contract
or otherwise allow the occupancy of any residential or commercial
rental unit without the inspection and certification as required herein.
(d)
If, upon inspection, said premises do not comply with all applicable
provisions of this code or the Uniform Code, the specific reasons
for noncompliance shall be specified in writing in a notice and order,
as provided. The notice and order shall be provided to the owner or
the owner's agent. Occupants or proposed occupants of dwellings
shall have the right to inspect the certificate of occupancy of the
residential rental dwelling unit, apartment or multiple residence
in which they have an interest at no cost.
(2)
On or after October 1, 2018, the Department shall have the right
to inspect all or any part of the rental dwelling, including any unit
or apartment, or entire multiple residence as required herein and/or
upon complaint, except that there shall be no infringement upon the
right of an occupant, owner, agent or person in charge thereof to
insist upon the procurement of a search warrant from a court of competent
jurisdiction by the Chief of the Department, or his or her designee,
in order to enable such inspection. Except in cases where a warrantless
entry is legally permissible, the officials charged with conducting
the inspection shall be required to obtain a search warrant whenever
a person with the right to require a warrant 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 the officials without
a search warrant.
(3)
The officials charged with conducting the inspection shall make such
inspection, access and circumstances permitting, within three business
days of receipt of a request from the owner, agent or occupant.
(4)
An owner, agent or occupant may file with the Department a request
for such inspection and the issuance of a residential occupancy permit
by regular mail or in person at the office of the Chief of the Department.
(5)
Nothing herein shall be construed to limit the right of the Department
to inspect any property at any time. If, after issuing a residential
occupancy permit, the Department received a complaint alleging a violation
of this chapter, other than a violation that creates an imminent hazard
to the public health or to the physical or mental health of the occupants
of the rental property, the Department shall make a good-faith effort
to notify the owner or agent of the complaint by either phone or regular
mail, before conducting an inspection under this chapter, and shall
provide to the owner or agent one working day to explain what steps
the owner or agent is taking to correct the violation. The Department
may take steps necessary, by inspection or other means, to assure
that the violation is corrected.
(6)
No occupancy permit shall be issued unless and until the fee(s) required
are paid in full to the Department.
(7)
No occupancy permit shall be issued unless the rental dwelling unit
is an authorized use pursuant to zoning, and until all other applicable
provisions and requirement of the Code of the Village of Bath are
complied with and met.
(8)
No owner, agent or person in charge shall collect rents during any
period of noncompliance with the provisions of this part which would
otherwise be due and owing for the rental of premises unless and until
he or she shall have complied with the provisions herein. Nothing
herein shall be construed to prevent a landlord, upon receipt of an
occupancy permit, from receiving the equitable value of the occupancy
of the premises from the earliest date of occupancy, but in no event
shall a landlord recover in excess of the agreed rent.
(9)
These provisions shall not apply to dwellings designed and used exclusively
for occupancy as hotels, motels, and bed-and-breakfasts; however,
they shall apply to rooming houses, lodging houses, boarding houses,
and dormitories, subject to the following modifications:
D.
Temporary occupancy permit. The Department may cause to be issued
at its discretion a temporary occupancy permit following an initial
inspection, which temporary occupancy permit shall be subject to review
and revocable at the discretion of the Department. No temporary occupancy
permit may be issued in cases where fire safety is involved, such
as defective electrical wiring, the absence of either an operating
smoke detector or, after October 1, 2018, a carbon monoxide detector
where required, or improper or inadequate means of egress and other
conditions of like nature.
E.
As a precondition to the issuance of an occupancy permit, the landlord/owner
of said rental property must supply the Village of Bath with a property
insurance binder indicating that there is fire and liability insurance
coverage for the property, which is subject to the occupancy permit.
Said insurance binder shall list the Village of Bath for cancellation
purposes. If, during the term of a rental agreement, said insurance
is cancelled and not renewed, then the occupancy permit for said property
shall be deemed null and void for the purposes of this section of
the law. This subsection shall take effect on October 1, 2018.
F.
Prior to the issuance of an occupancy permit within the Village of
Bath, any and all landlords/property owners must designate an agent
of at least 21 years of age, who resides in the Village of Bath, to
accept legal service on behalf of the property owner/landlord. Prior
to the issuance of an occupancy permit, the property owner/landlord
must provide such information to the Codes Office for the Village
of Bath. Said information must include the name, address and telephone
number of such designated agent. All service of process in the event
that said property owner/landlord needs to be served or given notice
by the Village of Bath shall be deemed sufficient service for the
purpose of the Village Code if the Village serves the landlord/property
owner or his or her designated agent. This subsection shall take effect
October 1, 2018.
G.
Penalties for offenses. Any person who shall violate or assist in
the violation of these provisions or who fails to comply with a notice
and order issued by the Department under these provisions shall, upon
conviction, be punished by a fine of not less than $250 nor more than
$500 each day a violation exists.
H.
This chapter shall be effective on filing with the Secretary of State.
