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:
OWNER
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.
RENTAL PERMIT
A permit issued by the Building Inspector or Code Enforcement
Officer to allow the rental of a residential rental property.
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.
TENANT
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.
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.
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.
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.