[HISTORY: Adopted by the City Council of the City of Jamestown 7-29-2024. Amendments noted where applicable.]
A. 
The City of Jamestown recognizes that the preservation of existing rental housing stock is integral for persons who are residing within the City through a rental property. Rental housing provides affordable housing that is a vital asset and the City of Jamestown has a significant interest in ensuring the rental housing stock remains safe and desirable for all residents.
B. 
Substandard and unsanitary residential units and/or buildings whose conditions violate state and local code must be remediated by the property owner to continue to provide housing for the City of Jamestown's residents. Substandard housing units are unsafe for occupancy and provide a negative impact on public health and safety.
C. 
Rental dwellings/units that are not code compliant create socioeconomic hardships that not only impact the tenant but also negatively impact neighborhoods and communities.
D. 
Relying on a complaint-based code enforcement program is not efficient enough for the interior of rental units due to fear of retaliation to the tenant from the property owner, or the lack of awareness and education on state and local codes by the tenant.
E. 
Dwellings that threaten the health and safety of Jamestown residents will not be tolerated.
F. 
Registering rental housing properties in the City of Jamestown is required to maintain a proper log of all available and unavailable housing units in the City. Registration provides contacts for property owners and/or property managers in the event of an emergency located at the residence.
As used in this chapter, the following terms shall have the meanings indicated:
CODE ENFORCEMENT PERSONNEL
This term shall be defined in the same manner it is in Chapter 215 of the Jamestown City Code.
COMMON AREAS
The areas in a rental housing building that are accessible to all occupants of the property, including, but not limited to, lobbies, laundry rooms, recreation areas, common kitchens, hallways, stairs, courtyards, light wells, garbage areas, boiler rooms, storage rooms, basements, roof areas, or parking garages or areas.
DIRECTOR
The Director of Development or his or her designee.
ENGAGE IN THE BUSINESS OF RENTAL HOUSING
Renting or offering to rent a rental housing unit.
OWNER
A person, persons, corporation, partnership, limited liability company, or any other entity holding fee title to the subject real property.
RENTAL HOUSING UNIT
A single unit providing living facilities for one or more persons that has permanent provisions for living, sleeping, and sanitation and is rented or available for rent to tenants.
All rental housing units shall be subject to the requirements of this chapter, except for the following:
A. 
Rental housing units for transient lodging, including hotels, motels, inns, tourist homes. This exception does not apply to residential hotels.
B. 
Rental housing units in a state-licensed hospital, hospice, community care facility or nursing home; convent, monastery, or other facility occupied exclusively by members of a religious order; on-campus fraternity or sorority houses; or on-campus housing accommodations owned, operated, or managed by an institution of higher education or secondary school for occupancy by its students.
C. 
Rental housing units that are owned, operated by, or receive funding or subsidies from federal, state, or local government entities and are inspected by the governmental entity at least once every five years.
Nothing in this chapter shall limit or prohibit the authority of City officers or employees from enforcing any other provision of this Code or any state or federal law under their jurisdiction. None of the inspection provisions shall prohibit, condition, or otherwise limit any inspection conducted under any other provision of this Code or other applicable law.
A. 
Each owner of rental housing property shall designate a local contact representative with full authority to act on behalf of the owner for all purposes under this chapter, including the acceptance of service of all notices from the City of Jamestown. The owner of the rental housing property may act as the local contact representative.
B. 
A local contact representative shall establish and maintain a local telephone number and a residence or business address within a driving distance of no greater than one hour of the City of Jamestown. All official notices served on the local contact representative shall be deemed to have been served on the owner.
A. 
It shall be unlawful for any Owner to Engage in the Business of Rental Housing, unless:
(1) 
Each rental housing unit is registered with the City of Jamestown;
(2) 
The rental housing unit receives a certificate of occupancy; and
(3) 
The inspection fee is paid for each rental housing unit acquired after this ordinance takes effect.
B. 
A rental housing unit is registered with the City of Jamestown when the owner of the rental property submits a completed registration form, made available by the City, signed under penalty of perjury to the Department of Development. The registration form must contain the following information:
(1) 
Description of the rental housing property, including, but not limited to, the street address and assessor's parcel number;
(2) 
Number and address or other description of all rental housing units on the rental housing property;
(3) 
Name and current contact information for the owner of the rental housing property;
(4) 
Name and current contact information for the local contact representative, as described in this chapter;
(5) 
Name, address, and telephone number of the person or entity that a tenant is to contact when requesting repairs be made to their rental housing unit and the contact's business relationship to the owner;
(6) 
The date, location, and type of violation(s) for all rental housing units on the rental property for which the owner has been cited in the past two years; and
(7) 
Any other information reasonably required by the Director to carry out this chapter.
C. 
Effective August 1, 2024, the registration requirement established by this section shall go into effect. Initial registration of rental housing units is due within 90 days of August 1, 2024. After the initial registration, the owner shall register each housing unit within 30 days of a change of ownership.
A. 
All rental housing properties and rental housing units are subject to routine inspections within 90 days of their transfer via deed to ensure that the rental housing complies with all applicable building, housing, and sanitation codes and ordinances passed by both the State of New York and the City of Jamestown.
B. 
If there are multiple housing units within a single rental housing property, the Code Enforcement Personnel shall, during this post-title transfer inspection, inspect the exterior of the property, all common areas, and every rental housing unit contained therein.
C. 
Failure to comply with the post-transfer inspection within the ninety-day period shall result in the revocation of any certificate of occupancy issued for the premises in question pursuant to § 215-52 of the Jamestown City Code.
D. 
If no certificate of occupancy has previously been issued for a premises, one shall be issued pursuant to § 215-52 at the successful completion of the inspection required herein.
A. 
Certificate issuance and initial inspection fee. The fee, to be submitted at the time of application, for the issuance of a rental dwelling unit initial inspection and registration certificate and the first year fee shall be $20 for a rental dwelling unit in a single-family dwelling and $40 for a two-or-more-unit rental dwelling to finance the costs of inspection and enforcement by City of Jamestown. This fee shall be paid within 60 days of the owner's acquisition of the property via deed.
B. 
Annual renewal fee. The owner of a rental dwelling unit shall pay an annual renewal fee of $20 for a single-unit rental dwelling and $40 for a two-or-more-unit rental dwelling, commencing 12 months from initial certificate issuance, and payable each year thereafter. The owner remains obligated to pay such fee during ownership of the rental dwelling unit and shall pay any delinquencies therein before transferring all or any part of the ownership of said unit. Notwithstanding the foregoing, a new owner making application for a certificate is obligated, and shall be required, to pay all such current and delinquent annual fees with the application.
C. 
Re-inspection fee. An owner of a rental housing unit shall pay a fee of $25 per unit for each inspection after the second inspection in which violations of a state or local building code are found, unless such fee is waived by the Department of Development. Inspectors shall assess the fee, after consultation with the Building and Zoning Code Enforcement Officer or the Director of Development, when, in the evaluation by the inspector, the status of the violation has not progressed or been satisfactorily completed. The fee shall not be applicable to inspections ordered after the commencement of a court action.
D. 
Failure to register fee. A fee of $50 per unit will be paid by owner for any unit they fail to register within one year of this ordinance taking effect.
E. 
No fee for new buildings. There shall be no fee charged for the issuance of a rental dwelling unit registration certificate for new dwellings at the completion of their construction covered by a building permit.
The Director shall serve written notice of the date and time of any inspection to be conducted under this chapter, by mailing such notice by first-class mail at least 14 calendar days prior to the date of inspection. The Director shall mail the notice to the occupants of each rental housing unit, the owner, and the local contact representative to the addresses provided on the registration application, as described above. The Director or his or her designee shall prepare this notice as soon as is practicable upon their discovery that the property to be inspected has been transferred via deed.
A. 
The owner or local contact representative shall provide the Code Enforcement Personnel with access to all common areas and units on the rental housing property during the post-title transfer inspections.
B. 
The owner or local contact representative is responsible for obtaining the consent of the tenant of the rental housing unit for the Code Enforcement Personnel's entry to inspect the unit. If the tenant does not consent to the entry for inspection, the Director is authorized to seek an inspection warrant from a court of competent jurisdiction. If a tenant or occupant of a rental housing unit refuses to allow the inspection, the owner is not in violation of this section.
C. 
If the Code Enforcement Personnel has reasonable cause to believe that the rental housing unit is so hazardous, unsafe, or dangerous as to require immediate inspection to safeguard the public health or safety, the Code Enforcement Personnel shall have the right to immediately enter and inspect the premises and may use any reasonable means required to affect the entry and make an inspection.
A. 
If the Code Enforcement Personnel find no code violations, the Code Enforcement Personnel shall issue a notice of compliance that shall state in plain language that the property is in compliance with all applicable laws. The Code Enforcement Personnel shall mail the notice to the occupants of each rental housing unit, the owner, and the local contact representative to the addresses provided on the registration application described above.
B. 
If the Code Enforcement Personnel find no code violations, the Code Enforcement Personnel shall issue a certificate of occupancy as pursuant to § 215-52 in addition to the notice of compliance.
C. 
If, upon inspection, the Code Enforcement Personnel discovers one or more violations of this Code and any other applicable law, the Director shall cause to be issued a notice and order to the owner and local contact representative to correct the violations. The order shall state in plain language the violations of law found and the sections of law with which the property is not in compliance. The order shall also state that failure to correct the violations may result in additional inspection fees under this Chapter and other enforcement actions. The Director shall mail the notice and order to the occupants of each rental housing unit, the owner, and the local contact representative to the addresses provided on the registration application.
D. 
If the Director determines that the conditions pose a present, imminent, extreme and immediate hazard to health or safety, he or she shall order abatement of the conditions within 48 hours. Within 24 hours after the time to abate, the Director shall conduct a re-inspection of the property or rental housing unit to determine compliance with the order. If the condition has not been abated, the Director is authorized to make the necessary repairs to ensure immediate repair of dangerous, life-threatening conditions.
E. 
Except as provided in Subsection C, the Director shall specify a reasonable time period for correction of the violations, depending on the severity of the condition, between 72 hours and 60 days from receipt of the order to correct the violations and schedule a re-inspection of the property. The City of Jamestown shall impose a fee for the additional inspection required under this subsection. The City may also commence any enforcement action as provided in this chapter or Chapter 215 of the Jamestown City Code.
F. 
Except for conditions specified in Subsection C, if the violation has not been corrected by the compliance date, but the owner has made significant progress in correcting the violation since the prior inspection, the Director may grant a single extension of time not to exceed 45 days.
No person shall disturb or remove lead-based paint or in any other way generate excessive dust or debris during work on the interior or exterior of any existing building or structure except in accordance with the requirements of this section. Any home improvement contractor, property management firm, handyman or other person compensated for renovation work that involves window replacement or that disturbs more than six square feet of interior, and/or more than 20 square feet of exterior, paint or surface coating, in a residential building or child-occupied facility for which the original construction was completed prior to January 1, 1978, must possess an EPA RRP certification. This section shall not apply to activities that disturb or remove paint where the activities are being performed on buildings on which construction was completed on or after January 1, 1978.
When required:
A. 
No person shall permit the occupancy of a one-family rental dwelling, a building containing two or more dwelling units, or a mixed-occupancy building containing one or more dwelling units unless a valid certificate of occupancy is in effect for said building. If such a building is occupied in violation of this section, a ticket may be served on the owner of the building. The violation shall be considered a high-level violation for which the penalties set forth in § 215-68 of the Municipal Code shall apply.
B. 
In addition to the requirements of Chapter 216 of the City Code, a certificate of occupancy or a conditional certificate of occupancy must be obtained within 60 days prior to the occurrence of any of the following:
(1) 
The transfer of title to a new owner of any two-family dwelling unless a certificate of occupancy has been issued within two years of the transfer date.
(2) 
The re-occupancy of a dwelling which has been entirely vacant for more than two months, unless a certificate of occupancy has been issued within a year of the re-occupancy.
(3) 
A change of occupancy or use that would bring a dwelling under a different or additional classification of this chapter, the Building Code, Zoning Code, Fire Prevention Code or other provisions of the City Code.
(4) 
The expiration or termination of a valid certificate of occupancy for a subject dwelling.
(5) 
A change of occupancy whereby a one-family dwelling or a two-family dwelling is no longer occupied by the owner, or a spouse, child, parent or sibling of the owner. For one-family dwellings or two-family dwellings that are not occupied by an owner, or a spouse, child, parent or sibling of the owner, a certificate of occupancy or a conditional certificate of occupancy shall be obtained immediately, but in no event later than 60 days after notice is sent by the City by regular first-class mail to the owner, at the owner's address on file with the City.
A. 
If, after re-inspection of the property, the owner fails to correct the conditions in violation of the law, the City may seek compliance by any remedy allowed under this Code or state law.
B. 
Any person who violates a provision of this chapter shall be guilty of a misdemeanor.
C. 
Any person or entity that violates a provision of this chapter shall be liable for a civil penalty of up to $250 for each day the violation is committed or permitted to continue. The penalty shall be assessed and recovered in a civil action brought by the City's Corporation Counsel office in a court of competent jurisdiction. The City shall be entitled to the costs of enforcing this chapter, pursuant to a court order.
D. 
The remedies provided in this chapter shall be cumulative and not exclusive of any other remedies available under federal, state, or local laws.
A. 
Retaliatory eviction. It shall be unlawful for an owner to recover possession of a rental housing unit in retaliation of a tenant for exercising his or her right to file a complaint with the City advising that a building, housing, sanitation code or ordinance violation or permit violation may exist on the property.
B. 
Rent increase or other retaliatory actions. If an order is made under this chapter, the owner shall not:
(1) 
Increase the rent for the existing tenants of any rental housing unit that is the subject of the order from the date of the order to a period of one year after the Director determines that the owner has complied with the order; or
(2) 
Engage in other types of retaliatory conduct, including, but not limited to, depriving the tenants of use of the premises, decreasing services, or otherwise interfering with the tenants' rights under the lease.
C. 
Relocation costs. If the Director finds it is necessary to vacate any rental housing unit because of an unsafe or unsanitary condition, or to correct any violations, the costs and expenses of any tenant shall be the responsibility of the owner.