[Amended 7-26-2021 by L.L. No. 3-2021]
The purpose of this chapter is to protect the health and safety
of residents of the Village by providing for registration, permitting
and inspection procedures for residential rental properties when applicable
regulations have been met.
For the purpose of this Chapter, certain terms and words are
defined as follows:
[Amended 7-26-2021 by L.L. No. 3-2021]
The person or persons, with proper NYS certification, designated
by the Village of Potsdam to inspect and issue documents relative
to safety and maintenance compliance pursuant to this chapter; and
issue and revoke rental permits.
The Code Enforcement Official shall have the authority to render
interpretations of this code and to adopt policies and procedures
in order to clarify the application of its provisions. Such interpretations,
policies, and procedures shall be in compliance with the intent and
purpose of this article but shall not have the effect of waiving requirements
specifically provided for in this article.
A building or a portion thereof with sleeping accommodations
for one or more persons, used or occupied as a club, dormitory, fraternity
or sorority house, boarding house or rooming house, but not a bed-and-breakfast.
A building containing not more than two dwelling units occupied
exclusively for residential uses as follows:
ONE-FAMILY DWELLINGA building arranged for one dwelling unit.
TWO-FAMILY DWELLINGA building arranged for two dwelling units.
Two or more factory-fabricated units which are transported
to the site, by means other than their own chassis, where they are
placed on a permanent code-compliant foundation and are jointed to
make a permanent dwelling unit or units. The term "sectional" shall
include the term "modular" as approved by NYSDOS Codes Division.
One or more rooms with provision for living, cooking, sanitary
and sleeping facilities arranged for the use of an individual or family.
A subordinate dwelling unit located within the confines of
an existing owner-occupied one-family dwelling.
One or more persons related by blood, marriage, adoption
or guardianship or not more than five unrelated persons occupying
a dwelling unit and living as a single housekeeping unit.
Any collective body of two or more persons, not constituting
a family.
The owner's spouse, children, parents, siblings, grandparents
or grandchildren.
Any individual, 18 years or older, residing in St. Lawrence
County, and assigned by the owner to be responsible for the maintenance,
compliance and operation of any rental property as defined in this
chapter, and who shall be designated as the person upon whom process
may be served on behalf of the owner. An owner who meets the requirements
of this subsection[1] as to the location of the residence of the place of transacting
business of a managing agent may designate himself or herself as such
managing agent.
Any person, individual, association, entity or corporation
whose name is listed as grantee on the last deed of record for the
property, as recorded with the St. Lawrence County Clerk.
Includes any individual, business, partnership, firm, corporation,
enterprise, trustee, company, industry, association, public entity
or other legal entity.
A permit which is to be issued to the owner of the rental
property where such dwelling unit has been the subject of a rental
permit continuously prior to the date of the application of the permit.
A return, in money, property, or other valuable consideration
(including payout in kind of services or other things of value), for
the use and occupancy or the right to the use and occupancy of a rental
property, whether or not a legal relationship of landlord and tenant
exists between the owner and the occupant or occupants therefor.
A permit issued by the Code Enforcement Officer to the owner
to allow the use or occupancy of a rental property.
A dwelling unit which is occupied for habitation as a residence
by persons, other than the owner or the owner's immediate family,
and for which rent is received by the owner, directly or indirectly,
in exchange for such residential occupation. For purposes of this
chapter, the term "rental property" shall mean all non-owner-occupied
single-family residences, two-family residences and multifamily residences,
and shall exclude properties used exclusively for nonresidential commercial
purposes in any zoning district. Any legally operating commercial
hotel/motel business or bed-and-breakfast establishment operating
exclusively and catering to transient clientele, that is, customers
who customarily reside at these establishments for short durations
for the purpose of vacationing, travel, business, recreational activities,
conventions, emergencies and other activities that are customary to
a commercial hotel/motel business; dormitories inspected by Office
of Fire Prevention and Control.[2]
An individual who leases, uses or occupies a rental property
including students occupying dwelling units owned by a parent or guardian
regardless of the payment of rent or other valuable consideration.
A rental period of 29 days or less.
The Village of Potsdam, St. Lawrence County, New York.
A.
This chapter shall apply to all rental properties located within
the incorporated area of the Village of Potsdam.
B.
The provisions of this chapter shall be deemed to supplement applicable state and local laws, ordinances, codes and regulations; and nothing in this chapter shall be deemed to abolish, impair, supersede or replace existing remedies of the Village, county or state or existing requirements of any other applicable state or local laws, ordinances, codes or regulations. In case of conflict between any provisions of this chapter and any applicable state or local law, ordinance, code or regulation, the more restrictive provision or requirement shall prevail. Partial invalidity: In the event any part or provision of this chapter is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. For the purposes of the issuance of appearance tickets pursuant to the New York Criminal Procedure Law and the Village of Potsdam Village Code Chapter 10, § 10-1C, and Chapter 94, § 94-15B, a violation of this chapter shall be deemed a violation of the Uniform Fire Prevention and Building Code.[1]
C.
Rental occupancy registration required. It shall be unlawful and
a violation of this article for any owner of any rental property or
rental dwelling unit in the Village to establish, maintain, use, let,
lease, rent or suffer or permit the occupancy and use thereof as a
rental occupancy without first obtaining and thereafter maintaining
in full force and effect a rental permit and registration from the
Village, as herein provided.
[Amended 7-26-2021 by L.L. No. 3-2021]
D.
Registration of dwellings. After the effective date of this chapter, all dwellings, as defined in § 134-2, within the Village will be required to be registered or reregistered with the Code Enforcement Officer, using the following schedule: upon change of ownership; or expiration of a valid Village of Potsdam safety and maintenance certificate. If the dwelling is an owner-occupied single-family dwelling, the owner shall fill out Section II on the required form and be exempt from the requirements of this chapter. If the building at any address is not used for dwelling purposes, the owner shall so state in Section II on the required form and the structure shall be exempt from the requirements of this chapter. Owners of all other dwellings shall make application, on the required forms, for a rental permit to the Code Enforcement Officer and shall state:
[Amended 7-26-2021 by L.L. No. 3-2021]
(1)
The name, address, and principal place of business of the owner.
(2)
Such description of the dwelling, by street number or otherwise,
as will enable the Code Enforcement Officer easily to locate the same.
(3)
A designation of the managing agent.
(a)
The name, residence and business addresses and the residence
and business telephone numbers of a person, 18 years of age or older,
who actually resides within the County of St. Lawrence, New York,
or conducts a business, the main office or branch of which is located
in the County of St. Lawrence, and who shall be designated by such
owner as a managing agent in control of and responsible for the maintenance
and operation of such dwelling and who shall be designated as the
person upon whom process may be served on behalf of the owner. An
owner who meets the requirements of this subsection as to the location
of the residence of the place of transacting business of a managing
agent may designate himself or herself as such managing agent.
(b)
Nothing contained in this section shall be construed to prevent
a corporation which is an absentee owner of a property from designating
as its managing agent, with respect thereto, any officer of such corporation
who meets the requirements of this section as to the location of the
residence or the place of transacting business of a managing agent.
(c)
Any designation as managing agent made pursuant to the provisions
of this section shall remain in full force and effect until changed
or terminated. Notice shall be given to the Code Enforcement Officer
within 10 days from the date that managing agents are changed.
E.
Conditions to be met; acknowledgment. Such application shall include
an acknowledgment by the owner affirming that rental dwelling unit(s)
meet the following conditions:
[Added 7-26-2021 by L.L.
No. 3-2021]
(1)
Rental properties and all rental dwelling units thereon shall comply
with all applicable federal, state or local statutes, laws, ordinances,
codes, rules or regulations, including the applicable provisions of
the New-York-State-adopted rules of the Building Codes, as the same
may from time to time be amended.
(2)
Operational smoke and carbon monoxide detectors as required by the
New York State Fire Code.
(3)
Exterior walls, including foundations, shall be maintained. All exterior
walls and foundations must be free of holes and crevices.
(4)
Exterior doors, windows, skylights and similar openings shall be
maintained, secured and weathertight.
(5)
Exterior stairs, porches, entrance platforms, fire escapes and the
railings thereon shall be maintained in a safe and sound condition.
(6)
Roofs shall be maintained in a weathertight condition, secured by
normal means.
(7)
Roof drains, gutters and downspouts shall be maintained in good repair
and free from obstructions.
(8)
Exterior surfaces shall be maintained in good condition.
(9)
Interior living spaces, including kitchen(s), bathroom(s), and bedroom(s),
are in compliance with the New York State Building Codes.
(10)
Operable heating system.
F.
Review of application. The Code Enforcement Official shall review
each application for completeness and accuracy. The Code Enforcement
Official shall also review all available information to confirm that
the rental property and all rental dwelling units thereon are in compliance
with the New York State Building Codes or provisions of the local
laws of the Village of Potsdam at the time the application is made.
The application shall be accepted if, based on all such available
information, such application is found to be complete and accurate.
[Added 7-26-2021 by L.L.
No. 3-2021]
G.
Record of registrations. It shall be the duty of the Code Enforcement
Official to maintain a record of registrations pursuant to this article.
Such register shall be kept by owner name and by street address, showing
the name and address of the owner, the number of rental dwelling units
at such street address, and the date of expiration of registration
for such property. Each application shall be maintained in accordance
with all record retention requirements applicable to the Village and
shall be subject to public disclosure, inspection and copying in accordance
with the requirements of the applicable law of the State of New York.
[Added 7-26-2021 by L.L.
No. 3-2021]
H.
Penalties for offenses. Any rental dwelling unit not registered pursuant
to the provisions of this article shall not, after the effective date
of this chapter, be offered for rental. Any owner who fails to comply
with the provisions of this article results in legal action by the
Village.
[Added 7-26-2021 by L.L.
No. 3-2021]
