As used in this chapter, the following terms shall have the
meanings indicated:
CHAPTER
Chapter
393, Rental Properties, of the Code of the Town of Hamlin.
CODE ENFORCEMENT OFFICER
Hereafter referred to as the "Building Inspector" and used interchangeably herein as "Code Enforcement Officer"; the Code Enforcement Officer appointed pursuant to §
220-3, the Building Code Administration and Enforcement of the Town of Hamlin.
CODE ENFORCEMENT PERSONNEL
Shall include the Building Inspector, Fire Marshal and all
certified code enforcement officials as appointed pursuant to local
law.
DWELLING UNIT
A structure or building or part thereof or any area, room
or rooms therein, occupied or to be occupied by one or more persons
as a home or residence.
OWNER
The owner or any other person having the right to control
the possession of a dwelling unit.
RENT
A return in money, property or other valuable consideration
(including payment in kind or services or other thing of value), for
use and occupancy or the right to the use and occupancy of a dwelling
unit, whether or not a legal relationship of landlord and tenant exists
between the owner and the occupant or occupants thereof.
RENTAL DWELLING UNIT
A dwelling unit established, occupied, used or maintained
for rental occupancy.
RENTAL OCCUPANCY
The occupancy or use of a dwelling unit by one or more persons
other than the owner as a home or residence under an arrangement whereby
the occupant or occupants thereof pay rent for such occupancy and
use.
RENTAL PROPERTY
A property upon which is located a building or buildings
or structure or structures which include one or more rental dwelling
units.
SHORT-TERM RENTAL PROPERTY
A property upon which is located a building or buildings
or structure or structures which include one or more rental dwelling
units, and one or more of the dwelling units is occupied or used by
one or more persons other than the owner as a home or residence for
a period of less than three months under an arrangement whereby the
occupant or occupants thereof pay rent for such occupancy and use.
Short-term rental properties include, but are not limited to, vacation
rental homes and what are commonly referred to as "bed-and-breakfast"
establishments.
TOWN
The Town of Hamlin, New York.
UNIFORM CODE
The New York State Fire Prevention and Building Codes, as
currently in effect and hereafter amended from time to time.
The Uniform Code and this chapter shall be administered and enforced by the Building Inspector as set forth in Chapter
220 of the Code of the Town of Hamlin.
The Town of Hamlin Code Enforcement Officer or his/her designee
shall have the following alternative remedies for enforcement of this
chapter:
A. Appearance tickets. The Building Inspector or his/her representative
shall have the authority, pursuant to the New York State Criminal
Procedure Law, to issue an appearance ticket subscribed by him/her,
directing a designated person to appear in a designated local criminal
court at a designated future time in connection with the alleged commission
of a designated violation of this chapter or any order made thereunder.
B. Penalties for offenses. Any person who fails to comply with any provision
of this chapter or fails to comply with any notice, order or directive
of the Building Inspector or his/her representative after expiration
of the time for compliance established in accordance with this chapter
shall, upon conviction, be punished by a fine of not more than $1,000
or by imprisonment not to exceed 15 days, or both, for such violation.
In the event of any failure to so comply, each and every day that
such violation continues shall constitute a separate offense, and
the penalties prescribed above shall be applicable to each such separate
offense.
This chapter shall not be construed to hold any Code Enforcement
Officer of the Town of Hamlin or the Town of Hamlin responsible for
any damages to persons or property by reason of inspections made pursuant
to an application for a rental permit or certificate of compliance
or issuance of or the failure to issue a certificate of compliance.
This chapter shall take effect immediately. No violation of
this chapter shall be charged prior to July 12, 2021.