A. 
After the effective date of this chapter, no owner shall cause, permit or allow the occupancy or use of a dwelling unit as a rental property without a valid rental permit, or a current valid safety and maintenance certificate in place.
B. 
After the effective date of this chapter, no person shall occupy or otherwise use a dwelling unit as a rental property without a valid rental permit being issued for the dwelling unit, or a current valid safety and maintenance certificate in place.
C. 
After the effective date of this chapter:
(1) 
A rental permit shall be required when a property not used for rental purposes becomes rental property or a property used for rental purposes changes ownership.
(2) 
A rental renewal permit, as defined in § 134-2, shall be required on the next inspection based on the current schedule of rental properties as maintained by the Village of Potsdam Code Office.
D. 
After the effective date of this chapter, no person shall be granted a rental permit if that specific property is in violation of any Uniform Building Code or Village of Potsdam Code, ordinance or local law or if that applicant owes property taxes, water or sewer fees, special assessments, fines for violations of Village laws or any other fees or past due monies of any name or nature owed to the Village of Potsdam for that specific property.
[Amended 7-26-2021 by L.L. No. 3-2021]
(1) 
The applicant shall have the burden of providing proof in a form acceptable to the department that there are no such violations or unpaid monies.
(2) 
In the event that the applicant has accrued violations or unpaid monies, such rental permit application shall be denied if such violations or unpaid monies relate to a parcel of real property for which the application is made.
(3) 
A rental permit issued under this chapter shall only be issued to the owner(s) of the real property at issue.
E. 
All rental permits issued pursuant to this chapter shall be valid for a period of three years from the date of issuance.
F. 
A renewal rental permit application signed by the owner shall be filed with the Code Enforcement Office before the expiration of any valid rental permit. The renewal rental permit application shall contain the following:
(1) 
An official copy of the prior valid rental permit.
(2) 
A signed and sworn affidavit by the owner affirming that the rental property, to the best of his/her knowledge, fully complies with all the provisions of the Code of the Village of Potsdam and the New York Uniform Fire Prevention and Building Code,[1] that the structure has not been physically altered in any way, except in full conformance with a valid building permit, and the owner is not aware of the property being in violation of the Village of Potsdam Code or the New York State Uniform Fire Prevention and Building Code.
[1]
Editor's Note: See Ch. 94, Fire Prevention and Building Code.
(3) 
Verification or change of any information outlined in § 134-5B.
G. 
Posting of rental permit. A rental permit issued pursuant to this chapter shall be posted in a conspicuous place in said dwelling upon the issuance thereof. The permit shall be valid for a period of three years from the date of issuance unless a reinspection discloses violations. Upon correction of said violations, the certificate shall then be valid again for the remainder of the original period of said certificate.
H. 
All requirements set forth herein shall also apply to nonperson entities, including but not limited to an LLC, corporation or trust. If an application for a renal permit is denied, then the owner shall have the right to appeal that decision to the Village of Potsdam Zoning Board of Appeals.
[Added 7-26-2021 by L.L. No. 3-2021]
A. 
Where a dwelling of any kind defined in § 134-2 or any other section is to be used as a rental property, an application for a rental permit shall be filed with the Code Enforcement Office 30 days before the term of the rental is to commence.
(1) 
The filing of an application grants the Code Enforcement Officer permission to enter and inspect said units.
B. 
The application shall contain the following:
(1) 
The name, date of birth, telephone number and address of the owner(s).
(2) 
Proof of the legal residence of the owner.
(3) 
In the event that the owner of the rental property is a corporation, partnership, limited-liability company, or other business entity, the name, proof of legal residence, and telephone number of each owner, officer, principal shareholder, partner and/or member of such business entity shall be provided.
(4) 
A copy of the last deed of record for the rental property, as recorded with the St. Lawrence County Clerk, confirming the ownership of record of the rental property.
(5) 
The name, address and telephone number of the managing agent, if applicable.
(6) 
The location of the rental property, including the street address and the St. Lawrence County Tax Map parcel number.
(7) 
The number of tenants intended to occupy the rental property.
(8) 
A parking plan indicating the appropriate number of legal spaces in accord with the Code of the Village of Potsdam.
(9) 
A copy of a contract with a carter providing for weekly pickup, at a minimum, of refuse and an affidavit from the owner acknowledging responsibility for refuse removal in a timely and efficient manner.
(10) 
The period of the proposed occupancy.
(11) 
A floor plan depicting the location and size of all occupancy areas as required by the NYS Property Maintenance Code.
(12) 
[1]The owner(s) of the property or the managing agent, if applicable, shall submit only an application that is signed and verified on a form provided by the Village.
[Amended 7-26-2021 by L.L. No. 3-2021]
[1]
Editor's Note: Former Subsection B(12), requiring written certification from a licensed architect or engineer, was repealed 7-26-2021 by L.L. No. 3-2021. This local law also provided for the redesignation of former Subsection B(13) and (14) as Subsection B(12) and (13), respectively.
(13) 
Payment of the rental permit application fee as set annually by the Village Board of Trustees.
[Amended 7-26-2021 by L.L. No. 3-2021]
The Code Enforcement Office shall review each application for completeness and accuracy and shall make an on-site inspection of the proposed rental property. The rental permit may not be issued unless the application includes all of the requisite information and documents enumerated in § 134-5B(1) through (13). If satisfied that the proposed rental property substantially complies with the New York State Uniform Fire Prevention and Building Code[1] and the Code of the Village of Potsdam, the Code Enforcement Office may issue the permit or permits. No rental permit shall be issued if there are any violations of the New York State Uniform Fire Prevention and Building Code or the Code of the Village of Potsdam. No rental permit shall be issued if there are any violations or there remains any outstanding money owed as outlined in § 134-4D.
[1]
Editor's Note: See Ch. 94, Fire Prevention and Building Code.
It shall be the duty of the Code Enforcement Office 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 permit holder, the number of rooms in the property, and the date of expiration of the rental permit.