[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:
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.
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.
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.
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.
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.
A dwelling unit in which the owner resides on a regular,
permanent basis.
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.
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.
An agreement, written or oral, between owner and occupant.
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.
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.
A detached building containing one dwelling unit, designed
and intended to be occupied by one family for living purposes.
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.
A.Â
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.
B.Â
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.
C.Â
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.
E.Â
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
