This article is enacted for the purpose of repealing Local Law No. 4 of the year 2004 and adopting new revised regulations in relation to certificates of occupancy for tenant housing. There are numerous dwelling units in the Village that are rented, leased, or otherwise let to persons other than the owners of the dwelling unit. The Village of Valatie has the responsibility for the protection of the health, safety, and welfare of all of the residents of the Village and of the occupants of these premises. It is declared to be the policy of the Village of Valatie that residential rental facilities and premises in the Village shall be regulated in such a manner as to ensure the protection of the health, welfare, and safety of those persons residing in or visiting such premises, and that such regulation shall be as set forth in this article.
[HISTORY: Adopted by the Board of Trustees of the Village of Valatie as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-9-2014 by L.L. No. 1-2014]
As used in this article, the following terms shall have the meanings indicated:
The owner in fee simple of property who has leased it for a term to another person called the "tenant."
Tenants of a premises, none of the adult occupants of the premises who have previously occupied the premises in the last 30 days.
An individual (or individuals) who holds or occupies premises of another for residential purposes; one who has a temporary use and occupation of real property owned by another person herein called the "landlord" for a definite term and duration.
Whenever a residential apartment, house or dwelling is to be rented to a new tenant, before occupancy by the new tenant, the landlord is required to make application, in writing, to the Village of Valatie for a tenancy certificate of occupancy. Such certificate of occupancy shall certify that the residential unit to be occupied and the services to the unit are in compliance with the New York State Uniform Fire Prevention and Building Code[1] and Chapter 345, Zoning, of the Code of the Village of Valatie.
The landlord of the premises shall make application, in writing, for such certificate of occupancy to the Valatie Code Enforcement Official at the Valatie Village Hall. All such applications shall be acted upon promptly by the Valatie Village Code Enforcement Official. If the application is not acted upon within eight days of receipt by the Village Office, it shall be deemed approved without inspection. However, should the premises be unavailable for inspection to the Code Enforcement Official within eight days at a time set by the Code Enforcement Official, this time period shall be stayed until such time as the premises is available for inspection.
Any such violations found by the Village Code Enforcement Official shall be corrected before the premises shall be occupied and a tenancy certificate of occupancy issued.
Upon inspection and approval of the premises by the Village's Code Enforcement Official, the Village shall issue a tenancy certificate of occupancy certifying that the premises is in compliance with the New York State Uniform Fire Prevention and Building Code[1] and Chapter 345, Zoning, of the Code of the Village of Valatie.
The certificate of occupancy shall be for a duration no longer than that time period that the new tenants shall occupy the premises. Prior to occupation by a new tenant, an additional certificate of occupancy shall be required.
No building, house or dwelling may be occupied by a new tenant until such time a tenancy certificate of occupancy has been issued by the Code Enforcement Official or the time period for inspection has elapsed without action by the Code Enforcement Official.
In addition to those penalties set forth in NYS Executive Law § 382, any landlord who shall rent premises in violation of this article shall be guilty of a violation and shall be punishable by a fine of not more than $500 or imprisonment not exceeding 15 days, or both. A second offense found against a landlord shall be punishable by a fine of not more than $1,000 or imprisonment not exceeding 15 days, or both.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The fee for the issuance of an apartment certificate of occupancy for a vacant apartment and for an apartment occupied before inspection shall be an amount as established by resolution of the Board of Trustees, payable to the Village of Valatie.
If any section or part of this article is declared invalid or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section of this article.
This article shall take effect immediately.