[HISTORY: Adopted by the Town Board of the
Town of Fort Edward 3-10-2003 by L.L. No. 1-2003. Amendments noted where applicable.]
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:
Includes the Building Inspector or his or her designated
agent.
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.
Includes "premises" and "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.
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.
A.
It shall be unlawful to:
(1)
List, solicit, advertise, offer, exhibit or show to
any person a rental unit located within the Town of Fort Edward for
the purpose of bringing about its rental, without a rental unit permit.
(2)
Accept a deposit of rent or security in connection
with the rental of a rental unit located within the Town of Fort Edward,
or use, establish, maintain, operate, lease, rent or let a rental
unit, entirely or partially, for residential occupancy in the Town
of Fort Edward without a rental unit permit.
B.
Owners of rental units which are currently occupied
shall apply for a permit within 90 days after the effective date of
this chapter. Owners of property which includes or is intended for
use as a rental unit shall obtain a rental unit permit prior to advertising
unit(s) for rent, accepting any rental deposits or allowing occupancy
of any rental unit(s) by a tenant.
C.
Immediately following the effective date of this chapter,
all property owners will be notified of its enactment. Additionally,
all owners of rental properties which have current rental unit permits
will receive notice, 60 days prior to the expiration of those permits,
to file an application for renewal (which will be enclosed with notice),
within 30 days of receipt of the notice. Included on the application
will be a proposed inspection date and time, which will be no sooner
than 30 days from the time of notice and no later than 60 days after
the notice (which will be the time of the current rental unit permit
expiration).
A.
No permit shall be granted without an inspection by
the Code Enforcement Officer to determine if the premises and all
rental units are in compliance with all of the provisions of the applicable
State Uniform Fire Prevention and Building Code, the Code of the Town
of Fort Edward and any other applicable Town, county, state and federal
laws, rules and regulations. Once it is determined that the building
is in compliance with the pertinent code(s), the permit will be granted.
(1)
No rental permit shall be issued until the Code Enforcement
Officer shall inspect the premises and rental units to determine that
they are equipped with functioning smoke detector devices, approved
as to design by the applicable Fire Prevention Code, if any, or conforming
to standards of the New York State Board of Fire Underwriters, if
any, or, if none, approved by the Code Enforcement Officer.
(2)
No permit shall be issued if inspection results in
a finding of noncompliance with building, fire, or other local codes
and the Code Enforcement Officer shall notify the property owner,
or his or her authorized agent, of the specific Code violations and
permit denial, and shall proceed to enforce the provisions of the
Uniform Fire Prevention and Building Code as provided therein.
(3)
In the case of noncompliance with the permit requirement
for rental property, rental premises will remain subject to annual
inspection and the owner of such property will be subjected to the
penalties outlined for violation of such permit requirement. In the
case of a determination of noncompliance with pertinent building or
fire codes following inspection (whether for permit purposes or due
to a complaint investigation of a current permit holder), the landlord/owner
will be given 30 days to correct the problem, unless an emergency
exists which subjects the occupants or community to immediate risk
of harm and warrants immediate correction of the problem.
B.
Authorization for inspections.
(1)
The Code Enforcement Officer of the Town of Fort Edward
is authorized to make or cause to be made inspections to determine
the condition of premises and rental units in order to safeguard the
health, safety, and welfare of the public. The Code Enforcement Officer
or his designated representative is authorized to enter, upon adequate
notice (three-day minimum) and consent of the owner, authorized managing
agent, or occupant (as to their own rental unit and common areas of
the premises), any rental unit or premises at any reasonable time
during daylight business hours, or at such other time without consent
of the owner as may be necessary in an emergency, for the purposes
of performing his duties under this chapter.
(2)
The Code Enforcement Officer must send a written request,
giving at least a thee-day notice to the owner (or authorized agent)
and current occupant of the premises to make an inspection.
(3)
The proposed inspection time must be during regular
business hours. The Code Enforcement Officer will be responsible for
arranging such inspections and for initiating any other appropriate
action under these regulations. He or she will give special consideration
to any requests for specific inspection times by the owner, including
requests that the inspection be conducted during nonbusiness hours
for the convenience of tenant(s) or owner(s). In the absence of such
a specific request by the owner, his or her authorized agent, or tenant,
the inspections will be conducted at a time designated by the Code
Enforcement Officer, during normal daylight business hours.
C.
Application for search warrant authorized.
(1)
If the owner or tenant refuses to allow an inspection
of the rental unit and premises and where there is a probable cause
to believe that an inspection is needed or that a violation has occurred,
the Code Enforcement Officer of the Town of Fort Edward or his designated
representative is authorized to make an application to a court of
competent jurisdiction for the issuance of a search warrant in order
to conduct an inspection of any property covered by this chapter.
The application for a search warrant shall in all respects comply
with the applicable laws of the State of New York, which include a
less stringent standard of "probable cause" to inspect and do not
require probable cause to believe a violation has taken place.
(2)
Nothing in this chapter, except for provisions concerning
emergency inspections, shall be deemed to authorize the Code Enforcement
Officer of the Town of Fort Edward or his authorized representative
to conduct an inspection, if denied access by the owner or occupying
tenant, without a warrant duly issued by an appropriate court.
A.
Application for a permit shall be made to the Code
Enforcement Officer on a form provided by the Building Department
for that purpose. The application shall include:
(1)
The name, address and telephone number, if any, of
the owner of the premises and a statement of whether the owner resides
at the premises;
(2)
The name, address and telephone number of the managing
agent or operator, if any;
(3)
The street address and Tax Map description (section,
block and lot or lots) of the premises;
(4)
A description of each rental unit in the premises
intended, used or occupied for rental occupancy, including the number
of units, the number of rooms in each unit and the number of persons
intended to occupy each unit;
(5)
The names and relationships, if any, to the owner
of the premises, of each person residing in or occupying each rental
unit.
(6)
A statement by the owner that he or she fully understands
that each rental unit for which a rental permit is issued shall comply
with the Uniform Fire and Building Codes (including all pertinent
federal, state and local requirements, which require that all premises
be kept in a safe, sanitary condition in accordance with the applicable
codes).
(7)
A statement that the owner is aware that all rental
premises are subject to annual inspection by the Code Enforcement
Officer upon a three-day written notice of proposed date and time
for inspection to both landlord, or, if indicated, authorized managing
agent, and occupant(s).
(8)
A line indicating the preferred date and time of inspection,
noting that the owner or authorized managing agent may change the
time to suit his or her convenience. The Code Enforcement Officer
will initially select the time for inspection only in the case of
a mailed application for renewal.
(9)
A statement that the owner and/or the tenant (as to
his/her own private dwelling) has the right to require the Code Enforcement
Officer to secure a search warrant for such inspection.
(10)
A statement that the filing of the signed and sworn
application for a permit pursuant to this chapter shall constitute
a consent to inspection by the Code Enforcement Officer of all or
any part of the property for which the permit is sought, unless the
owner, agent or person in charge thereof, or tenant of rental unit
to be inspected insists upon the procurement of a search warrant from
a court of competent jurisdiction in order to enable such inspection.
(11)
A statement that fines and penalties may be applied
to the owner for violation of this chapter.
(12)
A statement that the owner will notify the Code Enforcement
Officer as to any change in ownership or tenancy of the rental property.
B.
The application must be signed by the owner of the
premises.
C.
Upon the Code Enforcement Officer's receipt of the
application and a definitive time scheduled for inspection, a written
notice (three-day minimum) of the date and time of inspection, which
must be within reasonable business hours (unless otherwise agreed),
must be delivered by certified mail to both owner and tenant.
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[1] 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.
A.
All residents of the Town of Fort Edward shall initially
be notified of this chapter through publication of the notice of adoption
in the Glens Falls Post Star.
B.
All holders of rental unit permits will be notified
60 days prior to the expiration of their current rental permit(s)
of the need to renew. They will also receive an enclosed permit application
form, which will advise the owner of his or her rights and responsibilities
and will include a tentative inspection date, allowing the owner the
option to select a different time. This notification will require
the owner to return the application within 30 days of receipt by the
owner and will advise him of the penalties for noncompliance with
this chapter.
C.
Upon receipt of the application by the Code Enforcement
Officer, notification will be sent to both the owner and tenant confirming
the date and time chosen for inspection. Official notification must
always give at least a thee-day notice prior to the inspection.
D.
In lieu of response from the owner within the thirty-day
time frame for application submission, or upon an owner's noncompliance
in general, the Code Enforcement Officer shall send notice (minimum
of thee days) as to date and time of proposed annual inspection. Included
in this notice will be an outline of the penalties for noncompliance
with this chapter. If access is denied for the inspection, the Code
Enforcement Officer must then secure a search warrant to conduct the
inspection in the best interest of public health and welfare.
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.
