[HISTORY: Adopted by the Board of Trustees
of the Village of Minoa as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-19-2007 by L.L. No. 9-2007]
This Chapter 120 shall be known as the "Registration and Inspection of Rental Properties."
In this article:
A representative of a property owner who shall actually reside
and be domiciled within the designated boundaries of Onondaga, Madison,
Oswego, Cortland or Cayuga County and shall be legally authorized
in a signed and notarized writing by the property owner delivered
to the Village not less than 30 days from the due date of registration
and identified in such correspondence to the Village to act in the
property owner's behalf in matters regarding the rental unit(s). Upon
application to the Village Board, an agent outside of such areas may
be designated provided that the Village Board makes a finding that
the past history of the rental unit, other rental units and/or the
applicants, or such applicants' business reputation is such that it
appears likely that the rental unit can be properly managed even though
such agent is not within the counties named herein. The Village shall
maintain a form for such purposes and such form shall be the official
executed and delivered authorization form required hereunder.
As defined at § 120-3C.
A staff member of, or appointed, employed or retained by,
the Village of Minoa for the purpose of enforcement of this article,
including without limitation the Village Codes Enforcement Officer,
DPW Superintendent, or other person, including third-party independent
contractors.
The act, state, or condition of being or becoming a tenant,
licensee, squatter, or being or living in, taking up quarters or space
in or on, or being in possession of all or part of any real property.
Any person who is in occupancy of all or part of any real
property.
Any rental unit occupied by a property owner.
Any owner of real property or other person who offers, contemplates,
or is able to offer a rental unit for occupancy to anyone other than
the owner. "Property owner" shall include the title or equitable owner,
mortgagee or receiver/referee in possession or control of the property,
landlord, rental or management agent or any other person or entity
in apparent ownership, management, or control of the real property.
A property owner's designated agent (as such term is defined hereunder)
shall be deemed the "property owner" for all purposes hereunder.
A permit issued by the Village of Minoa stating that the
referenced rental unit, to the best of the Village's knowledge and
belief, conforms to the standards of the New York State Uniform Fire
Prevention and Building Code and the Code of the Village of Minoa
and that the structure or rental unit is permitted for occupancy use.
Any special circumstances or conditions under which occupancy is permitted
may be specified on such rental permit.
Any real property, or part thereof, occupied, intended to be occupied, or able to or contemplated for occupancy by persons, businesses or other commercial enterprises other than the owner and his or her immediate family within or on the premises or part thereof, whether or not such occupancy or intended occupancy is in consideration of a rental or similar payment. Each separate occupied, possessed, or separable living or working unit within a parcel of real property is considered a separate rental unit, all and each of which are subject to the provisions hereof. A unit contained within a one- to four-family dwelling occupied by an owner's immediate family for no rental payment or similar consideration shall not be deemed a rental unit for purposes hereof. Any unit claimed by the owner to not be a rental unit, and therefore exempt from the provisions hereof, shall be supported by the sworn statement described at § 120-3B.
The temporary permit issued upon initial registration pending a satisfactory inspection and issuance of a rental permit, all as per § 120-3.
When a rental unit is found to be unsafe, or unfit for human occupancy or is found otherwise unlawful including any in violation of any federal, New York State, Onondaga County or Village of Minoa law, regulation or Code and including, without limitation, the Village of Minoa property maintenance standards stated under § 136-14 of the Village of Minoa Code.
A.
Rules of registration. No rental unit shall be occupied
until a rental permit has been obtained for such rental unit. A temporary
rental permit will be issued upon initial registration, and that temporary
permit will be valid until such time as an initial inspection is completed.
After satisfactory inspection, the Village will issue the property
owner a rental permit. Following the adoption of this article, all
rental unit occupancy shall be prohibited without a (temporary or
final) rental permit. Rental unit occupancy without a valid permit
shall result in the issuance of an "order to vacate" to all occupants
of the rental unit(s).
B.
Rental permit. Any property owner who allows occupation of a residential rental unit within the Village of Minoa shall register for and obtain a rental permit from the Village. All rental units must be registered with the Village of Minoa within 60 days of the adoption of this article, and each and every calendar year or third year thereafter, as provided at § 120-3I hereof, thereafter on or before December 31 (commencing the first full calendar year following adoption), on a registration form provided by the Village of Minoa substantially in the form attached. All fees and the registration form shall be submitted. Except as provided for at § 120-2, property owners whose business or legal residence is outside Onondaga, Madison, Oswego, Cortland or Cayuga County must register an agent on their behalf whose business or legal residence is in Onondaga, Madison, Oswego, Cortland or Cayuga County and who shall be deemed responsible for the rental unit. Any property owner claiming an exemption from registration or payment of all or part of a registration inspection fee shall file a sworn statement supporting its claim of exemption with the Village Clerk in form provided by the Village of Minoa.
C.
Inspections. The Codes Enforcement Officer shall be
authorized, in the performance of his or her duties, to conduct inspections
of rental units of the interior and exterior portions at such times
and in such manner as they may find necessary, with the consent of
the property owner or occupant. Upon registration, all such inspections
shall be satisfactorily completed, and with all issues and violations
cited therein, cured, not later than the allotted time. The allotted
time shall be that time for cure of all violations as imposed by the
Codes Enforcement Officer upon initial inspection, taking into consideration
the severity, complexity and number/volume of violations, the likely
cost to cure same, the time necessary to complete such cure(s), the
type of property and similar relevant criteria. Except where such
violations present emergency or similar dangerous conditions justifying
a shorter period to cure, or requiring that such premises be immediately
vacated as unfit for occupancy, or otherwise where initially extended
by the Codes Enforcement Officer or extended by timely request to
the Village Board, based on the foregoing criteria, the allotted time
shall be 120 days.
D.
Independent special inspections. As scheduled by the
Codes Enforcement Officer or as required by this article or other
provisions of law where there is reasonable question of safety, property
owners shall be responsible for the inspection and testing of systems,
materials and workmanship that are critical to the integrity of the
building structure and safety of all occupants.
E.
Qualified personnel. Independent special inspections
and tests shall be made by qualified persons who, because of experience
or education, are recognized as competent by the Codes Enforcement
Officer. Reports of inspections and tests, signed by the tester and
a witness, together with a statement of any remedial measures to be
taken, shall be filed with the Village of Minoa Clerk within 10 days
after each inspection and test. If any equipment or system is found
to be defective or not in proper operating condition upon inspection
or test, the property owner shall promptly remedy such defect or condition.
F.
Notice of violations. The Codes Enforcement Officer
shall, in his or her discretion, determine the severity of any Code
violations following an inspection. If a property owner and/or occupant
is cited with a code violation, the Codes Enforcement Officer will
notify the property owner of the violation and the allotted time within
which it must be corrected. This provision shall not apply to emergency
or similar exigent situations. If the violations are not corrected
by the date indicated by the Codes Enforcement Officer and unless
extended by the Codes Enforcement Officer upon request made prior
to such expiration date, an appearance ticket may be issued and/the
temporary rental permit or rental permit may be revoked. The Codes
Enforcement Officer may grant reasonable extensions of the allotted
time upon request of the property owner made prior to the expiration
date of the allotted time and provided that the property owner has
previously acted within such period diligently and in good faith to
cure the same.
G.
Order to vacate premises. Whenever a notice of violation, as provided in § 120-3F herein, has not been complied with, or the determination has been made that a rental unit is unsafe, unfit for human occupancy, unlawful or serious in nature, the Codes Enforcement Officer may order the rental unit(s) to be vacated within such time as the Codes Enforcement Officer shall direct.
H.
Approval to occupy. No such rental unit(s) previously
ordered to be vacated shall be occupied until a rental permit is secured
from the Codes Enforcement Officer.
I.
Rental permit term. The term of a rental permit shall
be three years from the initial inspection date for those rental units
that received a (final) rental permit within the allotted time imposed
from a prior inspection (including as same may have been extended).
All other property owners and rental units shall be subject to a one-year
(from the initial inspection date) renewal requirement.
The Village of Minoa reserves the right to revoke
or suspend any rental permit at any time due to violations of any
laws, codes, ordinances, and regulations of New York State, County
of Onondaga or the Village of Minoa.
A.
Fees. The initial registration and inspection fee shall be $30 per rental unit for residential properties and $40 per rental unit for all other properties. Such fees may be modified from time to time by duly adopted resolution of the Village Board of Minoa Board of Trustees. In the event of a failure to timely register, schedule or be present for a scheduled inspection or to pay registration and inspection fees, the cost incurred by the Village in enforcement of these provisions may be levied against and added as a special assessment to the subject property. The procedures for such levy shall be as provided for at §§ 120-9 and 120-10 of the Village of Minoa Code.
[Amended 12-19-2016 by L.L. No.
8-2016]
B.
Penalty for offenses. Any person, firm or corporation who violates, disobeys, neglects or refuses to comply with any of the terms of this legislation shall be guilty of a misdemeanor and be subject to a fine of not more than $1,000. Each week a violation continues shall be deemed a separate offense. Such fine may be levied against and added as a special assessment to the subject property. The procedure for such levy shall be as provided for at §§ 120-9 and 120-10 of the Village of Minoa Code.
C.
Prior payment. All such fees and penalties shall be
paid prior to the issuance of any rental permit.
All units annually monitored by any housing
authority with jurisdiction over the Village of Minoa or New York
State Dormitory Authority are exempt from the registration and inspection
provisions as outlined in this article.
In the event of a refusal to cooperate with
an inspection request, after being provided reasonable notice, in
the discretion of the Codes Enforcement Officer, an administrative
search warrant may be requested from the courts and the Code Enforcement
Officer may return with the warrant and police personnel to make the
inspection.
The Village of Minoa Board of Trustees shall
establish by resolution and may periodically amend administrative
rules, procedures, fees and other provisions of this article.
In the event of any action or proceeding commenced
by Village, service by certified or registered mail, return receipt
requested, upon the property owner or agent, at the last designated
address, shall be deemed good and sufficient service and shall be
legally sufficient in lieu of any requirement of service of process
under the New York Civil Practice Law and Rules or Real Property Actions
and Proceedings Law. The Village shall be reimbursed for the cost
of such action or proceeding commenced by direction of the Village
Board and in addition, for the costs of any mitigation, remediation,
repair, replacement or maintenance required hereunder or as a result
of a violation of any other Village Code provision, plus a 30% administration
cost by assessment and levy upon the lots or parcels of land the rental
unit is situate, and the expenses so assessed shall constitute a lien
and charge on the real property on which it is levied until paid or
otherwise satisfied or discharged and shall be collected in the same
manner and at the same time as other Village charges.
Whenever the Village has ordered the reimbursement for the costs of the work performed or services rendered as hereinabove provided in § 120-9 by assessment and levy upon the lot or parcels of lands whereon such work was performed or such services rendered, the Village Clerk may cause a notice of intent to levy such costs and expenses against said lots or parcels of land in a form approved by the resolution of the Village Board from time to time hereinafter, to be recorded in the records of the Onondaga County Clerk's Office in order that such notice shall be indexed against the said premises or parcels of land as notice to subsequent transferees or other acquiring any interest in said lots or parcels of land of the intention by the Village to assess and levy the amount of such expenses upon said lots or parcels of land. Any recorded fees of the Onondaga County Clerk shall be included in the costs and expenses assessed and levied upon such lots or parcels. The failure of the Village Clerk to record such notice of intent to levy shall not, however, affect or impair the validity of any lien or assessment of such costs and expenses later imposed against such lots or parcels of land, the owner(s) thereof or any subsequent transferees or others acquiring any interest in such lots or parcels of land.
The Village Board of Trustees will review such
orders, requirements, decisions or determinations of the Codes Enforcement
Officer hereunder or otherwise interpret the provisions hereof, including
without limitation the extension of any allotted time. The property
owner may request such an interpretation or review of the written
order, decision or determination that was made by the Codes Enforcement
Officer by the Board of Trustees. Such request must be made in writing
no later than 60 days from the date that a written order, decision
or determination was made by the Codes Enforcement Officer or such
interpretation issue otherwise arises.
