[HISTORY: Adopted by the Board of Trustees of the Village
of Pittsford 3-12-2024 by L.L. No. 2-2024. Amendments noted where applicable.]
The Board of Trustees of the Village of Pittsford hereby finds
that it is in the public interest to prevent unsafe conditions arising
from the rental of residential property that is in violation of the
New York State Uniform Fire Prevention and Building Code or the Pittsford
Village Code, and any other codes or regulations that are applicable
within the Village of Pittsford, and property used for rental that
is inadequate in size, overcrowded and dangerous; or which pose hazards
to the health, safety and welfare of residents of the Village of Pittsford.
The Board of Trustees further finds that additional code provisions
are required so that the good order of governance of the Village of
Pittsford will be enhanced.
This chapter shall apply to all rentals of property for residential
use in the Village of Pittsford.
The provisions of this chapter shall be deemed to supplement
applicable state and local laws, codes and regulations. Nothing in
this chapter shall be deemed to abolish, impair, supersede or replace
existing remedies or existing requirements of any other provision
of state or local law or code or regulation. The issuance of any permit
or the filing of any form under this chapter does not make legal any
action or state of facts that is otherwise illegal, unlawful or nonpermitted,
or is otherwise in contravention of any other applicable law, code,
rule or regulation.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, partnership, corporation or other entity who
alone, or jointly with others, has legal title to any premises, including
a mortgagee in possession or with maintenance responsibility due to
a foreclosure or other proceeding. The general partner of a partnership,
director of a corporation and member of a limited liability company
shall be deemed to be an owner for purposes of this chapter.
A permit issued by the Building Inspector or Code Enforcement
Officer to allow the rental of a residential rental property.
Real property or any portion of such real property which
is rented for habitation by a person or persons other than the owner
or the owner's immediate family.
Any person or persons, other than the owner or the owner's
immediate family, renting a residential rental property as hereinabove
defined.
Effective the date of filing of this chapter with the New York
State Department of State, no owner shall cause, permit or allow the
occupancy or use of a residential rental property without a valid
residential rental property permit. The requirements of this section
shall not apply to the rental of residential rental property by an
owner for 15 days or less annually.
An application for a rental permit for a residential rental
property shall be on a form supplied by the Village of Pittsford and
shall be signed and sworn to by the owner of such residential rental
property prior to the rental or occupancy thereof. The owner of residential
rental property which is currently being rented at the time of the
filing of this chapter with the New York State Department of State,
shall file such application within 45 days of such filing with the
Department of State.
A.
Upon receipt of the above-mentioned application for a residential
rental property permit, the Building Inspector or Code Enforcement
Officer shall review such application for completeness and accuracy
and shall inspect the subject residential rental property to be sure
that it fully complies with all of the provisions of the New York
State Uniform Fire Prevention and Building Code, Pittsford Village
Code and any other applicable codes and/or regulations.
B.
In the event that such residential rental property complies with
such codes and regulations, the Building Inspector or Code Enforcement
Officer shall issue a permit for the rental of such residential rental
property.
C.
All permits issued pursuant to this chapter shall have a term of
one year.
D.
All owners of residential property for which a rental permit has
been duly issued shall, in the event that they wish to continue renting
such residential property, file an application for the reissuance
of such residential rental permit 30 days' prior to the expiration
date of the current rental permit.
It shall be the duty of the Building Inspector or Code Enforcement
Officer to maintain a register of the owner's name, address and
phone number for each residential rental property and expiration date
of the permit issued pursuant to this chapter.
The nonrefundable annual permit application fee shall be the
fee as set forth in the schedule of fees adopted by the Board of Trustees
in effect at the time that the application is filed and shall be paid
upon the filing of an application for a rental permit or the reissuance
of a rental permit.
A.
No rental unit shall be occupied by more than the number of persons
permitted to occupy the rental property under the New York State Uniform
Fire Prevention and Building Code and International Codes and any
other codes and regulations of the State of New York.
B.
The owner(s) of the residential rental property shall ensure that
all applicable parking regulations provided for in the Pittsford Village
Code are satisfied and complied with.
C.
A residential rental property shall only be occupied or otherwise
utilized in accordance with the rental permit issued for that residential
rental property.
D.
The owner(s) shall ensure that all property maintenance regulations
of the United States, New York State, Village of Pittsford and any
and all other applicable codes and/or regulations shall be satisfied.
E.
Dumpsters are prohibited on any residential rental property for anything
other than incidental short-term use.
F.
A rental permit number shall be issued for each rental permit that
is granted by the Village of Pittsford and the rental permit number
shall be displayed on all advertisements of the residential rental
property to which the rental permit number corresponds.
The Building Inspector, Code Enforcement Officer and Village
personnel or agents for the Village who are engaged in the enforcement
of the provisions of this chapter, the New York State Uniform Fire
Prevention and Building Codes and the Pittsford Village Code, are
authorized to make or cause to be made inspections as required or
necessary to determine that the condition of all residential rental
properties remain in compliance with the foregoing provisions.
A.
The Building Inspector or Code Enforcement Officer shall revoke a
residential rental property permit when the permit holder has caused,
permitted or allowed to exist and remain upon the residential rental
property, a violation of any provision of the New York State Uniform
Fire Prevention and Building Code, or the Pittsford Village Code,
or any other applicable code or regulation, for a period of 14 calendar
days or more after written notice has been provided to the permit
owner or the permit owner's agent, by certified mail.
B.
An appeal from such revocation may be made in writing by the permit
holder to the Village of Pittsford Zoning Board of Appeals within
30 days from the date of such revocation by filing a notice of appeal
with the Clerk of the Village of Pittsford. The Zoning Board of appeals
shall hold a public hearing on such appeal within 30 days after receipt
of written notice of such appeal and, after such hearing, shall make
written findings and a decision either sustaining such permit revocation
or reinstating such permit within 30 days after the close of such
public hearing.
C.
In the event that no appeal is filed within 30 days, or in the event
that such an appeal is filed and such permit revocation is sustained,
then the Building Inspector or Code Enforcement Officer shall place
a notice conspicuously on the property indicating that it may no longer
be rented as a residential property.
D.
In the event that the Building Inspector or Code Enforcement Officer determines that there is a violation at the residential rental property as referenced in Subsection A hereinabove, and in the event that such violation creates a dangerous, hazardous or unsafe condition to and for the general public, then the Building Inspector or Code Enforcement Officer shall proceed as required by chapter 80 of the code of the Village of Pittsford.
A.
The first violation of this chapter within an eighteen-month period
of the owner(s) and/or tenant(s) shall be punishable by a fine of
not less than $500 nor more than $1,500.
B.
The second violation of this chapter within an eighteen-month period
shall be punishable of a fine of not less than $1,000 nor more than
$2,500.
C.
The third violation of this chapter within an eighteen-month period
shall be punishable by a fine of not less than $1,500 nor more than
$5,000.
D.
For the purpose of conferring jurisdiction upon courts and judicial
officers in general, violations of this chapter shall be deemed misdemeanors,
and, for such purpose only, all provisions of law relating to misdemeanors
shall apply. Each day's continued violation shall constitute
a separate additional violation.
E.
A violation existing at the premises as referred to here and above
shall be a violation by the owner(s).
In the event that one or more of the provisions of this chapter
shall be deemed to be unenforceable, the remaining provisions of this
chapter shall remain in full force and effect.
