The purpose of this article is to provide for the health, safety, and welfare of the residents of the Town of Hillsdale through the mandatory inspection of certain residential rental dwelling units for the purpose of verifying the compliance of said dwelling units with the Property Maintenance Code of New York State.
[HISTORY: Adopted by the Town Board of the Town of Hillsdale as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-19-2004 by L.L. No. 3-2004]
This article shall apply to all residential rental dwelling units, or premises leased, rented, let, or assigned with or without consideration by an owner/occupant, an absentee owner, or a legal agent on behalf of the owner; provided, however, that there are at least two or more separate dwelling units in any such dwelling or premises available for, or capable of, being rented or occupied. A dwelling unit that is actually occupied by the owner of the rental dwelling or premises shall not count as a dwelling unit for purposes of this section.
The following terms shall apply in the interpretation and enforcement of this article:
Any person who has charge, care, or control of a structure or premises which is let or offered for occupancy.
Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory, and bathroom or shower.
Certificate issued by the Code Enforcement Officer of the Town of Hillsdale following an inspection certifying that a residential rental dwelling unit complies with the Property Maintenance Code of New York State.
Any person, agent, or operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county, or Town as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person.
Any building which is wholly or partly used for or is intended to be used as habitable space for human occupants for rent.
Any room or contiguous group of rooms available for rent located within a building providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
A.
The Town of Hillsdale Code Enforcement Officer shall have the right to inspect all residential dwelling units to determine compliance with the Property Maintenance Code of New York State. Such inspection may be made at any time, and it shall not be necessary for a complaint to have been filed with the Code Enforcement Officer prior to such inspection.
B.
The Code Enforcement Officer shall make a good-faith effort to notify the owner, agent, or occupant of any residential dwelling unit or premises prior to an inspection either by telephone or by first-class mail. The failure to notify the owner, agent, or occupant shall not prevent the Code Enforcement Officer from inspecting the subject property.
C.
In carrying out the provisions of this article, the Code Enforcement Officer shall have the authority to involve such other state, county, and local agencies or departments as he determines to be necessary in order to ensure compliance by the owner of the property with the provisions of the Property Maintenance Code of New York State.
D.
If the housing maintenance inspection of the dwelling unit or premises reveals a violation of the Property Maintenance Code of New York State, the Code Enforcement Officer shall send or deliver a notice, in writing, to the agent or owner of the subject residential dwelling unit or premises indicating the specific items of noncompliance and setting forth a time limit (not to exceed 30 days) for the correction of or substantial effort to correct the deficiencies noted. The failure to correct the deficiencies, within such time period, shall be a separate violation of this article.
E.
Where the Code Enforcement Officer has reason to believe that the subject residential dwelling unit or premises is in such a condition that it creates an imminent hazard to public health or to physical or mental health or safety of the occupants of the rental dwelling unit, or premises, the Code Enforcement Officer may inspect the premises immediately, without notice, and in such event shall provide the owner or agent of such residential dwelling unit a written notice of the violation or violations and a directive to correct the same within one working day of the date of the receipt of the notice by the owner of or agent for the premises. The Code Enforcement Officer may take such further steps as are necessary to assure the public health or physical or mental health or safety of the occupants of the premises, including the issuance of an order directing that the premises be vacated until such time as the violations have been corrected.
The provisions of this article shall not apply to dwellings designated and used exclusively for occupancy as hotels, motels, transient homes, or bed-and-breakfast facilities.
A.
Any person or other legal entity who fails to comply with or who violates this article or who shall refuse a reasonable request to inspect any premises or who shall have aided or abetted the commission of any such violation shall each be guilty of a separate offense and, upon conviction thereof, shall be punishable as follows:
(1)
For a first offense, by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both.
(2)
For a second offense, both of which were committed within a period of five years, by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both.
(3)
For a third or subsequent offense, all of which occurred within a period of five years, by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six month, or both.
B.
However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this article shall be deemed misdemeanors and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation after notice shall constitute a separate additional violation.
C.
In addition to any penalties set forth herein, any person who refuses to permit the Code Enforcement Officer to inspect the subject dwelling unit or premises shall be liable for payment of a civil penalty of not more than $200 per day for each day such refusal to allow inspection of said dwelling unit or premises continues. Such civil penalty shall be recoverable in an action instituted in the name of the Town of Hillsdale by the Code Enforcement Officer. Such action may be initiated in Small Claims Court if the amount due is within the jurisdictional limits of the Court.
The Town of Hillsdale Justice Court shall have jurisdiction to hear and receive the prosecution of any complaints in connection with a violation of this article.
The Town Board shall establish a schedule of fees with respect to the inspection and certification of residential dwelling units. Any fees that are unpaid within 30 days of presentation shall become a lien against the subject real property and shall be relevied against the real property on the next annual Town tax bill for such real property. Any unpaid inspection fee may also be collected as an additional a civil penalty pursuant to the provisions of § 181-6C, above.
The provisions of this article shall be additional to all pertinent provisions of the Residential Code of New York State, the Building Code of New York State, the Fire Code of New York State, the Plumbing Code of New York State, the Mechanical Code of New York State, the Fuel Gas Code of New York State, the Energy Conservation Construction Code of New York State, and Chapter 245, Zoning, and all other applicable laws, rules, and regulations relating to the subject matter of this article, which code, laws, rules, and regulations shall not be diminished by any of the provisions set forth herein.
Any provision of this article that may hereafter be determined in a court of record to be invalid or unenforceable shall not affect the validity or enforceability of all other terms, conditions, and provisions of this article.
A.
This article shall take effect on January 1, 2005, and the Code Enforcement Officer shall make initial inspections of all residential rental dwelling units in accordance with the following schedule:
Number of Residential Units | Time for Completion of Inspection |
|---|---|
9 residential dwelling units and more | Within 3 months of the effective date of this article |
6 to 8 residential dwelling units | Within 6 months of the effective date of this article |
4 to 5 residential dwelling units | Within 9 months of the effective date of this article |
2 to 3 residential dwelling units | Within 12 months of the effective date of this article |
B.
Residential rental dwelling unit inspections shall be made on a biannual basis thereafter.