This chapter shall be known and may be cited as the "Rental
Property Registration Law of the Town of Esopus."
As used in this chapter, these terms shall have the meanings
indicated as follows:
ACTION or PROCEEDING
Any action or proceedings which may be instituted in the
Town Court of the Town of Esopus or the County Court of the County
of Ulster or the Supreme Court of the County of Ulster or any court
of competent jurisdiction with an alleged violation of any law of
the Town of Esopus.
BUILDING
Any improved real property, residential or mixed-use (commercial-residence),
located within the Town of Esopus that has five or more rental units.
MANAGING AGENT
A person over 21 years old, residing or doing business within
30 miles of the subject rental property, who shall be responsible
for the care and management of such property and is authorized by
the property owner to accept legal process on behalf of the owner
when the owner resides or has its principal place of business located
more than 30 miles from the subject rental property.
OWNER
Any individual or individuals, partnership, limited-liability
company, corporation or any business organization, whether for profit
or otherwise, in whose name title to a rental property is held, including
a mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee, agent or any other person, firm, limited-liability
company or corporation directly or indirectly in control of the property.
RENTAL PROPERTY
Includes all properties in the Town of Esopus which have
five or more residential units that are either rented, leased, let
or hired out to be occupied for residential purposes and shall include
residential or mixed-use (commercial-residential) properties.
This chapter may be enforced by seeking civil penalties or by
instituting a criminal proceeding or both.
A. The owner(s) or a designating managing agent of an owner may be served
with a notice of violation, order of remedy, order of violation, an
appearance ticket or other service of process, whether criminal or
civil, pursuant to and subject to the provisions of law as it actually
served upon the owner.
B. No owner who designates a managing agent pursuant to the provisions
of this chapter may assert the defense of lack of notice or lack of
in person jurisdiction based solely upon the service of process upon
his designated agent.
Service of papers and notice of violations shall be:
A. By delivering to and leaving a copy of the same with any person or
persons violating or who may be liable under any of the several provisions
of this chapter; or
B. By registered or certified mail to the owner or managing agent at
most current address on file in the registration statement; or
C. If none is on file, to the most current address for the owner available
at the Town of Esopus Assessor's office by registered or certified
mail to the owner and/or managing agent; and if such person or persons
cannot be served by any of the aforesaid methods after diligent search
shall have been made for him/her or them, then such notice or order
may be served by posting the same in a conspicuous place upon the rental
property where such violation is alleged to exist, or to which such
notice may refer, or which may be deemed unsafe or dangerous, which
shall be the equivalent of personal service of said notice upon all
parties, including the owner and/or managing agent for whom such search
shall have been made; or
D. By any other method or service pursuant to New York Civil Practice
Law and Rules.
E. If the owner or person(s) or any of them to whom said notice is directed
do not reside in the County of Ulster and have no known place of business
therein, the same may be served by delivering to or leaving with such
person or persons or either of them a copy of said notice. If said
person or persons cannot be found with due diligence search, then
by posting a copy of the same in a manner aforesaid and depositing
a copy thereof in a United States Postal Service box or office, enclosed
in a sealed wrapper addressed to said person or persons at his/her/its
last-known place of residence with the postage paid thereon, and said
posting and mailing a copy of said notice shall be equivalent to personal
service of said notice.
Violations of this chapter will constitute an offense within
the meaning of the Penal Law of the State of New York, punishable
as provided for herein. In addition, a violation of any provision
of this chapter shall constitute a municipal infraction and will be
subject to applicable penalties under this chapter, and the Town of
Esopus may choose to enforce this chapter as a criminal or civil matter,
or both. Any owner who violates, disobeys, neglects or refuses to
comply with any of the terms of this chapter shall be subject to a
fine/penalty of up to $1,000 and/or up to 15 days in jail. Each week
a violation continues shall be deemed a separate offense subjecting
the offender to additional fines/penalties of up to $1,000 per day
and/or additional jail sentences of up to 15 days.