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.
DWELLING
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.
GUEST/VISITOR
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.
OCCUPANT
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.
OWNER
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.
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.
PERSON
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust, or any other entity.
POLICE
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.
PREMISES
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 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
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.