A. 
Intent. In order to properly administer and inspect residential rentals in the Village of Newark, the Village hereby creates a rental registration program for all rental property and rental units.
B. 
Registration required.
(1) 
Every owner of a rental property or rental unit(s) is required to register each rental property/rental unit(s) and pay all fees in accordance with the Village of Newark Fee Schedule.[1]
[1]
Editor's Note: Said fee schedule is on file in the Village offices.
(2) 
The owner will complete and file with the Code Enforcement Office a rental registration application. The rental registration application shall include, but shall not be limited to, the following information for the rental property/rental unit(s):
(a) 
Street address and tax parcel identification number.
(b) 
Ownership information, including the owner's name, home or business address, telephone number, and email address.
(c) 
Rental property information, including number of rental units.
(d) 
The application will include an opportunity for the owner to consent to an interior triennial inspection. If the owner elects not to consent to such triennial inspection, the Village may apply for a warrant for such inspection, if warranted.
(e) 
The owner must designate a local authorized representative. Notwithstanding the foregoing, any partner, manager member, or officer, listed in Subsection B(2)(b) above is authorized to accept service of any notices regarding any action or proceeding.
(3) 
A separate rental registration application must be submitted for each rental property.
(4) 
Incomplete rental registration applications shall not be accepted and will be returned to the owner by the Code Enforcement Office.
C. 
Fees. The owner will pay a rental registration fee per the Village of Newark Fee Schedule.[2] The rental registration fee is nonrefundable. The fee for the initial inspection and the first inspection to determine compliance with an order to correct a code violation shall be included in the rental registration application fee.
[2]
Editor's Note: Said fee schedule is on file in the Village offices.
D. 
Record of rental registration.
(1) 
Upon compliance with this section and the payment of all fees, the Code Enforcement Office shall issue a record of rental registration. The issuance of a record of rental registration confirms that the rental property/rental unit(s) has been registered.
(2) 
The record of rental registration will be valid for three years from the last day of the month it is issued. The owner must reapply and pay the required fee for a record of rental registration every three years.
E. 
Confirmation, revocation and modification.
(1) 
If the information in the rental registration application is not consistent with existing conditions; not consistent with public records; the rental property/rental unit(s) do not pass a health and safety inspection; or the rental property/rental unit(s) is denied a certificate of compliance after review of applicable building and zoning laws and regulations, the Code Enforcement Officer may revoke the record of rental registration. Prior to revocation, the Village will give the owner written notice of the violation and an opportunity to cure such violation within 30 days.
(2) 
Notwithstanding the foregoing, nothing herein shall limit the Code Enforcement Office from issuing a notice of violation for building and zoning laws and regulations and prosecuting same pending such 30 days.
(3) 
Revocation of a record of rental registration shall constitute a violation of this chapter.
(4) 
A record of rental registration or the public record may be modified if it is determined that a discrepancy between the existing conditions and the public record is a clerical error.
F. 
Change of owner information or ownership.
(1) 
The owner shall notify the Code Enforcement Office in writing if there is a change in owner contact information or a change in the local authorized representative within 30 days of said change.
(2) 
The record of rental registration is not transferable. If the rental property is transferred, the new owner must submit a complete rental registration application within 30 days of the date the deed transfer is recorded with Wayne County. A new record of rental registration will be issued for the term remaining on the existing record of rental registration permit.
(3) 
Failure to notify the Code Enforcement Office of change of ownership shall constitute a violation of this chapter.
G. 
Triennial inspection.
(1) 
As required by § 90-18, Inspections, all rental property/rental unit(s) subject to this section are to be inspected at least once every three years.
(2) 
Inspections will be consistent with the New York State Uniform Fire Prevention and Building Code, and the Code of the Village of Newark.
(3) 
Nothing herein relieves an owner from obtaining required permits or approvals for any improvements, alterations, or structures and from complying with zoning and other applicable laws. The New York State Uniform Fire Prevention and Building Code inspection is for health and safety issues only. Such inspection is not an approval of any improvements, alterations, or structures constructed without a building permit. Such inspection does not constitute compliance with the Code of the Village of Newark. Until all building and zoning issues are resolved, no certificate of compliance will be issued.
(4) 
Upon confirmation of consistency with public records, compliance with all health and safety, building and zoning laws and regulations, the Village Code Enforcement Office will issue a certificate of compliance.
(5) 
The results of the New York State Uniform Fire Prevention and Building Code inspection and certificates of compliance will be maintained for each rental property/rental unit(s).
(6) 
The fee for the initial inspection is included in the rental registration fee. If a violation is noted at the initial inspection, the owner shall have an opportunity to remedy such violation within the time frame noted on the inspection report. If the violation is not remedied by the second inspection, then a fee in the amount of $25 will be charged for each additional inspection. If an owner, local authorized representative, or tenants fails to appear for a scheduled inspection, then a fee in the amount of $25 will be charged for each additional inspection.
H. 
Violations.
(1) 
It shall be a violation of this chapter if:
(a) 
The owner fails to register any rental property/rental unit(s);
(b) 
A record of rental registration is revoked; or
(c) 
The owner fails to notify the Code Enforcement Office of any change in ownership.
(2) 
Any person or entity committing such violation will be liable for a fine of $250, plus payment of the fees for rental registration and inspection, if any, for a first offense; $500, plus payment of the fees for rental registration and inspection, if any, for a second offense within one year of the first offense; and $1,000, plus payment of the fees for rental registration and inspection, if any, for each offense thereafter within one year of the first offense. Each violation for each rental property shall constitute a separate offense.