[HISTORY: Adopted by the Board of Trustees of the Village
of Wolcott 10-8-2019 by L.L. No. 1-2019. Amendments noted where applicable.]
A.
The purpose of this chapter is to establish a registry of all rental
property as defined herein, in order to allow its police, building
and code enforcement officials to identify and contact, as necessary,
persons responsible for the care, maintenance and management of such
properties, to better ensure the enforcement of local, state and federal
safety regulations in furtherance of the health, safety and welfare
of all of the residents of the Village of Wolcott.
B.
The provisions of this chapter shall apply to all rental property
located in the Village of Wolcott.
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Any improved real property located within the Village of
Wolcott.
Any occupied residential dwelling and/or dwelling unit for
the purpose of rent-to-own contract will be deemed a rental dwelling
in the Village of Wolcott.
Any individual or individuals, partnership or corporation
or any similar type of business who accepts responsibility for and
control of a building.
Any individual or individuals, partnership or corporation,
similar type of business organization or proprietary interest, whether
or not for profit or otherwise, in whose name title to a building
is vested.
Any building containing residential units which are either
rented, leased, let or hired out to be occupied which shall be limited
to single, two-family, multifamily and are non-owner occupied.
A residential unit occupied by a party other than an owner.
One or more rooms with provision for sanitary and sleeping
facilities, for food preparation, for living and for working.
A.
Permit applicants with outstanding violations or unpaid monies.
(1)
No such permit shall be granted to or renewed for an applicant who
is in violation of any Village of Wolcott code, ordinance or local
law (hereinafter "violations") or who owes property taxes, water or
sewer fees, fines for violations of Village ordinances or any other
fees or past due monies of any name or nature owed the Village of
Wolcott.
(2)
The applicant shall have the burden of providing proof in a form
acceptable to the department that there are no such violations or
unpaid monies.
(3)
In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies relate to a parcel of
real property for which the application is made or another parcel
owned by applicant or are personal to the applicant.
(4)
Such permit, once granted, shall be revoked in the event that the
applicant accrues violations or unpaid monies, or violations or unpaid
monies after the permit is granted.
(5)
The applicant must reapply for the issuance of such revoked permit
by submitting a new application and paying all necessary application
fees.
(6)
All requirements set forth herein shall also apply to nonperson entities
and such permit or renewal thereof shall be denied to an entity, or
revoked, if a person with a substantial interest in such entity owes
such unpaid monies or has accrued such violations.
A.
The owner of a property constituting a rental property defined herein
shall be required to register such property with the Building and
Code Enforcement Department on such form or forms as prescribed by
the Building and Code Enforcement Department within a period of 45
days from the effective date of this chapter. It shall be signed and
affirmed by the property owner of record and, if applicable, the managing
agent.
B.
A new form shall be filed whenever there is a change of ownership,
and it shall be the responsibility of the new owner to see that such
form is filed within a period of 45 days from taking title to the
property.
C.
Following the initial registration, an annual filing shall be made
in and between January 1 and February 1 annually, certifying that
there has been no change in the status or ownership of the rental
property or reflecting the nature of any change.
A.
Every owner who rents a residential rental premises which is subject
to the provisions of this chapter and who does not maintain a bona
fide residence in the County of Wayne shall designate a managing agent
who maintains a bona fide residence in the County of Wayne. Such designation
shall be indicated in the space provided by the owner on the registry
application form as provided herein.
B.
The managing agent shall be designated by the owner as the person
responsible for and in control of the maintenance and operation of
such rental property, and upon whom process may be served in lieu
of the owner.
The registry form shall require the following information:
A.
The property address and the number of residential dwelling units
permitted to be occupied on each property.
B.
The owner's (owners') name(s), mailing address(es), street
address(es), and telephone numbers (facsimile and email included,
if and as available). Post office box numbers may be included, but
the physical location at which the owner may be contacted shall be
required.
C.
The name and names, titles, addresses and telephone numbers of any
responsible person(s) of the corporation, LLC, partnership or other
similar business entity if the ownership is held in a nonindividual
capacity.
D.
The name, address and telephone number of a local responsible person
at least 21 years old, residing or doing business in Wayne County,
who shall be responsible for the care and management of such property
and is authorized by said owner to accept legal process on behalf
of the owner when the owner resides or has its principal place of
business/residence outside of Wayne County.
E.
The form shall be signed by the owner and his or her designee and
witnessed by a notary public and shall contain the following declaration:
"I certify that all information contained in this statement is true
and correct to the best of my knowledge and belief. I understand that
the willful making of any false statement of material facts herein
will subject me to the provisions of law relevant to the making and
filing of false instruments and shall constitute a violation of this
chapter."
F.
It shall be the responsibility of each owner to timely notify the
Building Department whenever the information provided in this form
has become outdated or for any reason is no longer accurate. It shall
be the responsibility of each owner to recertify the aforementioned
information annually.
This chapter shall be enforced by the Village of Wolcott Code
Enforcement Officer through local law, including but not limited to
the Abatement of Chronic Nuisance Properties Law[1] Property Maintenance Law of the State of New York.
A.
No rental property as defined herein shall be occupied by any tenant
without compliance with the provisions herein and failure to comply
shall constitute a violation of a certification of occupancy.
B.
Any person committing an offense against any provision of this chapter
shall be guilty of a violation and shall be subject to immediate revocation
of certificate of occupancy and/or other sanctions as set forth in
the local law.
