[HISTORY: Adopted by the Board of Trustees of the Village of Liverpool 10-21-2019 by L.L. No. 6-2019. Amendments noted where applicable.]
The purpose of this local law is to ensure the safety and well-being of all Village residents by establishing the following definitions, owner's duties, violations and penalties for disruptive conduct as defined herein.
As used in this law, the following words and phrases shall have the meanings specified:
- DISRUPTIVE CONDUCT
- Any form of conduct, rising to the level of a violation as defined by the New York Penal Code or the Code of the Village of Liverpool, perpetrated, caused, or permitted by any occupant or guest/visitor of a regulated dwelling unit that is so loud, untimely (time of day), offensive, riotous, or that otherwise disturbs other persons of reasonable sensibility of their peaceful enjoyment of their premises such that an official incident report is made to police complaining of such action, conduct, incident or behavior. It is not necessary that such action, conduct, incident, or behavior result in criminal charges filed against any person in order for a person to have perpetrated, caused, or permitted the commission of disruptive conduct as defined herein. An offense shall be deemed to have occurred if the police investigate a complaint and make a determination that disruptive conduct as defined in this law did in fact occur and make a record of same. Such a determination is subject to judicial review in accordance with § 175-6B of this law.
- DISRUPTIVE CONDUCT REPORT
- A written report of disruptive conduct on a form to be prescribed therefore, to be completed by the police officer or team who actually investigated an alleged incident of disruptive behavior. A copy of same shall be maintained by the Code Enforcement Officer.
- A building having one or more dwelling units.
- DWELLING UNIT
- A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
- A person on the premises with the actual or implied consent of an occupant.
- ILLEGAL ACTIVITIES
- The occupant shall not engage in nor tolerate nor permit others on the premises to engage in any conduct declared illegal under the New York Penal Law or the Code of the Village of Liverpool.
- MULTIFAMILY DWELLING
- A building containing three or more independent dwelling units, including, but not limited to, double houses, row houses, townhouses, condominiums, apartment houses, and conversion apartments.
- An individual who resides in a regulated rental unit, whether or not he or she is the owner thereof with whom a legal relationship with the owner is established by a written lease or by the laws of the State of New York.
- One or more persons, jointly or severally, in whom is vested all or part of the legal title to the premises, or all or part of the beneficial ownership and a right to present use and enjoyment of the premises, including, but not limited to, a mortgage holder in possession of a regulated rental unit.
- OWNER OCCUPIED DWELLING UNIT
- A dwelling unit in which the owner resides on a regular, permanent basis.
- PEACEFUL ENJOYMENT
- The occupant or their guests shall not conduct themselves in an illegal manner that may disturb the peaceful enjoyment of adjacent or nearby dwellings by the persons occupying same.
- A natural person, partnership, corporation, unincorporated association, limited partnership, trust, or any other entity.
- The Village of Liverpool Police Department or any properly authorized member or officer thereof, or any other law enforcement agency having jurisdiction within the Village of Liverpool.
- Any parcel of real property in the Village of Liverpool, including the land and all buildings and appurtenant structures or appurtenant elements on which one or more regulated rental units is located.
- REGULATED RENTAL UNIT
- Any dwelling unit that is rented, leased, let out, or otherwise permitted to be occupied by a person(s) other than the owner. Vacant dwelling units are classified as regulated rental units.
- RENTAL AGREEMENT
- An agreement, written or oral, between owner and occupant.
- RENTAL UNIT OCCUPANCY PERMIT
- The permit issued to the owner of regulated rental units under the Village of Liverpool landlord registration legislation, which is required for the lawful rental and occupancy of regulated rental units.
- RESIDENTIAL USE
- The occupant shall, unless otherwise permitted by applicable law, ordinance, or by the Village of Liverpool, occupy or use his or her regulated rental unit for no other purpose than as a residence.
- SINGLE-FAMILY DWELLING
- A detached building containing one dwelling unit, designed and intended to be occupied by one family for living purposes.
- TWO-FAMILY DWELLING
- A detached building containing two dwelling units, each entirely separate from each other, designed and intended to be occupied for living purposes.
- Village of Liverpool, Onondaga County, New York.
The provisions of this chapter are not intended to, nor shall its effect be, to limit any other enforcement remedies, which may be available to the Village.
It shall be the duty of every owner of every single-family dwelling, two-family dwelling, and/or multifamily dwelling, to keep and maintain all regulated rental units in compliance with all applicable codes and provisions of all other applicable state laws and regulations and local ordinances/laws and to keep such property in good and safe condition.
In no case shall the existence of any agreement between owner and occupant relieve an owner of any responsibility under this chapter or the Village Code for maintenance of premises.
Every owner shall be responsible for regulating the proper and lawful use and maintenance of every dwelling which he or she owns. Every owner shall also be responsible for regulating the conduct and activities of the occupants of every regulated rental unit which he, she, or it owns in the Village by complying with this law.
Following the effective date of this law, a summary of this law, shall be attached to each rental agreement delivered by or on behalf of an owner when any such agreement is presented for signing to any occupant.
The occupant of a dwelling unit shall, unless otherwise permitted by applicable law, occupy or use his or her regulated rental unit for no other purpose than as a residence.
The occupant of a dwelling unit shall not engage in, nor tolerate or permit others on the premises to engage in, disruptive conduct, or other violations of New York State or the Code of the Village of Liverpool.
When police investigate an alleged incident of disruptive conduct, the investigating officer shall complete a disruptive conduct report, upon finding that the reported incident did, in his or her judgment, constitute disruptive conduct as defined herein. The information filled in on said report shall include, if possible, the identity or identities of the alleged perpetrator(s) of the disruptive conduct and all other obtainable information including the factual basis for the disruptive conduct requested on the prescribed form. Where the police make such an investigation, said police officer shall then submit the completed disruptive conduct report to the Code Enforcement Officer. In all cases, the Code Enforcement Officer shall mail a copy of the disruptive conduct report to the owner and the occupant within seven business days of the occurrence of the alleged disruptive conduct, along with notice of the owner and occupants right to contest the report and the procedures for initiating a judicial review in the Village of Liverpool Justice Court. The third occurrence of disruptive conduct within a one-year period (rolling year) will result in a notice from the Code Department that the Village Code requires the commencement of mandatory eviction.
Notice and appeals. Either the owner or occupant shall have the right to appeal the issuance of any disruptive conduct report under this law, by requesting an appeal before the Village Justice in writing, along with $100 processing fee, no later than 10 business days after the receipt of said notice. Any party requesting an appeal shall be entitled to a hearing before the Village Justice to determine whether or not 1) the underlying charge upon which the notice was generated was properly issued by the police, 2) the notice was properly served upon the owner or occupant, or 3) if the complained of conduct actually occurred. In all such hearings, the Village shall have the burden of proving the validity of the disruptive conduct notice by a preponderance of the evidence.
Evictions. After an occupant has received three valid disruptive conduct citations, the owner of the property must initiate eviction proceedings in the Liverpool Justice Court or other Court of competent jurisdiction no later than 10 business days from the date that the owner received notice to commence an eviction. A copy of that Court filing must be provided to the Code Enforcement Officer prior to the expiration of the ten working day period.
Fines. Any person, firm or corporation who violates, disobeys, neglects or refuses to comply with any of the terms of this chapter shall be guilty of a violation and be subject to a fine of not more than $250. Each week a violation continues shall be deemed a separate offense.
Either the owner or occupant shall have the right to appeal the issuance of a notice from the Code Department that Village Code requires a landlord to commence an eviction after the receipt of three reports during a rolling twelve-month period.