Rental of dwelling units that are substandard
or in violation of the Uniform Fire Prevention and Building Code pose
a danger to life, health and property of residents of the Town. The
Town Board finds that current provisions are inadequate to prevent
such rentals and that the health, safety and welfare of the inhabitants
of the Town will be protected and enhanced by enactment of rental
property permit requirements and annual inspection requirements for
all rental units within the corporate boundaries of the Town of Fort
Edward.
As used in this chapter, the following terms
shall have the meanings indicated:
PREMISES
A structure or building in which a rental unit is located
or, in the case of a rented single-family dwelling, the entire rental
unit.
RENTAL UNIT
All rental dwelling units in the Town of Fort Edward (outside
the boundaries of the Village), including accessory apartments or
rented rooms in owner-occupied premises, rented single-family dwellings,
apartments within apartment buildings and any other building or portion
of a building occupied by one or more persons, whether or not related
to the owner of the premises, as a home or residence under an arrangement
whereby the occupant(s) pay rent, whether in the form of money, goods
or services, for occupancy and use of the unit.
RENTAL UNIT PERMIT
A permit issued pursuant to this chapter. Any dwelling unit
or any other premises shall be deemed to be rented if they are occupied
by any natural person, corporation, organization or entity other than
the owner, regardless of whether actual rent is received.
The provisions of this chapter shall not be
applicable to a room occupied by an immediate family member of the
owner of the premises if the owner is also an occupant of the premises
and there are no separate kitchen facilities. An "immediate family
member" shall include children, stepchildren, parents, grandparents,
grandchildren, or siblings of the owner and his or her spouse.
The Code Enforcement Officer shall review each
application for completeness and accuracy and shall make an on-site
inspection of the proposed rental unit(s). If satisfied that the proposed
rental unit(s), as well as the premises in which the unit(s) are located,
comply fully with all applicable laws, ordinances, rules and regulations
and that such rental unit(s) would not create an unsafe or dangerous
condition, or constitute an unsafe or substandard structure as defined
in the applicable laws, ordinances, rules and regulations, the Code
Enforcement Officer shall issue the rental permit applied for.
[Amended 6-13-2005 by L.L. No. 6-2005]
A nonrefundable fee per rental unit in the amount adopted by the Town Board pursuant to Town Code §
50-1 and listed on the Fee Schedule will be charged to the landlord/owner if, on initial inspection,
the rental unit is found to be noncompliant with codes, requiring
a second inspection by the Code Enforcement Officer.
The rental unit permit shall be valid for a
period of one year from the date of issuance.
It shall be the duty of the Code Enforcement
Officer to maintain a register of rental permits issued pursuant to
this chapter. Such register shall be kept by street address, showing
the name and address of the permittee, the number of rental units
at such address, the number of rooms in each rental unit and the date
of expiration of the rental unit permit for the premises. Such registry
shall be kept available for public inspection during regular business
hours at the office of the Building Department.
Any person who shall violate any provision of
this chapter shall be subject to the applicable penalties under this
chapter, in addition to those imposed by Article 18, § 382,
and any other applicable code or ordinance, without limitation. The
chapter penalties include:
A. Fines. The person who violates any provision of this
chapter shall be liable to a civil penalty of not more than $250 for
each day or part thereof during which such violation shall be continued.
B. Alternatively, or in addition to an action to recover
the civil penalties provided by Subsection "A," the Town Board may
institute any appropriate action or proceeding to prevent, restrain,
enjoin, correct or abate any violation of or to enforce any provision
of this chapter.