[Adopted 5-4-2004 by L.L. No. 3-2004,
approved 5-24-2004]
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
At the request of the Building Department, the
Corporation Counsel is authorized to make application to the City
Court of the City of Kingston or any other court of competent jurisdiction
for the issuance of a search warrant to be executed by a police officer
in order to conduct an inspection of any premises believed to be subject
to the registry jurisdiction of this article. The Building Department
may seek a search warrant whenever the owner and/or managing agent
fails to allow inspections of any dwelling unit contained in the rental
property where there is a reasonable cause to believe that there is
a violation of this article or a violation of the New York Uniformed
Fire Prevention Building Code Act or of any code of the City of Kingston
or any applicable fire code.
Nothing in this article shall prevent any member
of the public, prospective tenant or any resident of the City of Kingston
from determining whether any particular rental property has been registered
pursuant to this article. The general public shall have full access
to said landlord registration statements upon filing of the proper
Freedom of Information Act application.
The City of Kingston shall have a choice of
enforcing this article by seeking civil penalties or by instituting
a criminal proceeding or may choose to do both.
A. Criminal proceeding. A summons or appearance ticket
for any violation of this article may be served in the County of Ulster,
New York as defined within the meaning of New York Criminal Procedure
Law, § 150.40. In the event that the owner does not reside
in the County of Ulster, then the owner shall be obligated to designate
a managing agent, who maintains a bona fide residence in the County
of Ulster.
B. A designating managing agent of an owner may be served
with a notice of violation, order of remedy, order of violation, an
appearance ticket or other service of process, whether criminal or
civil, pursuant to and subject to the provisions of law as if actually
served upon the owner.
C. No owner who designates a managing agent pursuant
to the provisions of this article may assert the defense of lack of
notice or lack of in personam jurisdiction based solely upon the service
of process upon his designated agent.
Service of papers and notice of violations shall
be:
A. By delivering to and leaving a copy of the same with
any person or persons violating, or who may be liable under any of
the several provisions of this article; and
B. By registered or certified mail to the most current
address on file in the landlord registration statement upon the owner
and/or managing agent; and
C. If none is on file to the most current address in
the City Assessors Office by registered or certified mail to the owner
and/or managing agent; and if such person or persons cannot be served
by any of the aforesaid methods after diligent search shall have been
made for him/her or them, then such notice or order may be served
by posting the same in a conspicuous place upon the rental property
where such violation is alleged to exist, or to which such notice
may refer, or which may be deemed unsafe or dangerous, which shall
be the equivalent of personal service of said notice upon all parties,
including the owner and/or managing agent for whom such search shall
have been made; or
D. By any other method or service authorized pursuant
to Article III of C.P.L.R.
E. Notice by mail to owners residing out of state. If
the person or persons or any of them to whom said notice is directed,
do not reside in the County of Ulster and have no known place of business
therein, the same may be served by delivering to or leaving with such
person or persons or either of them a copy of said notice. If said
person or persons cannot be found with a due diligence search, then
by posting a copy of the same in a manner aforesaid and depositing
a copy thereof in a post office in the City of Kingston, enclosed
in a sealed wrapper addressed to said person or persons at his/her
last known place of residence with the postage paid thereon, and said
posting and mailing a copy of said notice shall be equivalent to personal
service of said notice.
[Added 8-2-2005 by L.L. No. 3-2005,
approved 9-6-2005; amended 1-8-2013 by L.L. No. 1-2013, approved 1-22-2013]
A. The Department of Public Works' trash/refuse policies
and procedures shall be conspicuously posted in all rental buildings
by the owner.
B. The landlord shall receive an initial fine of $100
if the Department of Public Works' trash/refuse policies and procedures
are not conspicuously posted in any rental building owned by the owner.
Should such notice thereafter not be conspicuously posted, a fine
of $250 shall be imposed against the owner.
C. The landlord shall provide each tenant with a copy of the City of Kingston "Property Maintenance by Tenants" ordinance (Chapter
333 of the Code of the City of Kingston) at the time the tenant executes a rental lease or when the tenant initially takes occupancy of the rental property, whichever event occurs sooner. The receipt of a copy of Chapter
333 should be acknowledged by the tenant in writing, and such writing shall be retained by the landlord.
D. Failure to comply with the provisions of §
332-10C shall result in the landlord being subject to a fine of $100.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
Any permit issued pursuant to this article may
be revoked or suspended by the Building Department after notice to
the owner and an opportunity for the owner to be heard upon a finding
by the Building Department that the requirements of this article or
any conditions of said permit have been violated or that the premises
are not being maintained in accordance with the requirements of any
applicable law, rule or regulation.
Violations of this article will constitute an
offense within the meaning of the Penal Law of the State of New York,
punishable as provided for herein. In addition, a violation of any
provision of this article shall constitute a municipal infraction
and will be subject to applicable penalties under this article, and
the City of Kingston may choose to enforce this article as a criminal
or civil matter, or both. Any owner who violates, disobeys, neglects
or refuses to comply with any of the terms of this article shall be
subject to a fine of not more than $500. Each week a violation continues
shall be deemed a separate offense and so subject the owner to an
additional fine of up to $500. In addition, if the City of Kingston
chooses to proceed under this article as a criminal offense, the violation
of this article shall be subject to a fine of up to $500 and/or up
to 30 days in jail, it being understood that each week a violation
continues shall be deemed a separate offense subjecting the offender
to additional weekly fines of up to $500 and/or additional jail sentences
of up to 30 days..