[Amended 5-28-2019 by L.L. No. 4-2020]
A.
All rental dwellings existing as of the effective date of this chapter
shall be registered on or before August 1, 2020.
B.
The owner of a new rental dwelling, or any dwelling newly converted
to a rental dwelling, shall register the rental dwelling prior to
allowing occupancy of any new rental unit.
C.
Required. Every owner of a rental dwelling, who does not reside in
Broome County or adjoining county, must designate a property manager
to be responsible for maintaining said property in compliance with
the provisions of this chapter. For property owners of two or less
rental dwelling units, said property manager must have a "power of
attorney" to grant the property manager the authority to act in behalf
of the property owner in matters of property issues, including, but
not exclusive, to twenty-four-hour inspections, etc. For property
owners with three or more rental units in the Village of Endicott,
the property owner must additionally register a property manager.
This includes single-family homes that are rentals. Property owners
have 30 days to register this property after acquiring property.
D.
Registering of property managers. Property owners must register with
the Code Enforcement Officer the address of the property, number of
apartments, number of occupants for each apartment, the property owner's
name and proof of ownership, address and proof of residency, email
address, and phone number, the property manager's name, address,
email address, and phone number. Post office box addresses are not
acceptable. A fee of $75 shall be payable upon registration.
E.
A designated agent of the property owner may be served with a notice
of violation or order of violation or an appearance ticket or other
service of process, whether criminal or civil, pursuant to and subject
to the provisions of law, as if it actually was served upon the property
owner. The property owner will also be sent any notices regarding
this property. No property owner who designates an agent pursuant
to the provisions of this article may assert the defense of lack of
notice or lack of in persona jurisdiction based solely upon the service
of process upon his designated agent. Any such property manager registration
statement or designation of a managing agent shall be deemed prima
facie proof of the statement therein contained, in any criminal or
civil prosecution instituted by the Village of Endicott or by any
proper prosecutorial agency against the owner or managing agent of
a rental property.
F.
It shall be the responsibility of the property owner of a rental
dwelling to contact the Code Enforcement Officer to reregister within
30 days after any changes occur in registration information. A new
owner of a registered dwelling shall register the dwelling within
30 days of assuming ownership.
G.
Penalty. Any property owner in violation of the subsections above
for a period of 30 days after notification by mail from the Code Enforcement
Officer shall be levied a court appearance, and a fine of $50 for
the first offense. Each week the violation continues shall be deemed
a separate and distinct offense with a fine of $50 for each offense.
Every owner of a dwelling shall be responsible
for maintaining, in a clean and sanitary condition, the shared or
public areas of the dwelling and premises thereof and shall be responsible
for compliance with the provisions of this chapter and shall remain
responsible thereafter regardless of the fact that this chapter may
also place certain responsibilities on operators and occupants and
regardless of any agreements between owners and operators or occupants
as to which party shall assume such responsibility.
A.
Duty of occupant. Every occupant of a dwelling or
dwelling unit shall keep in a clean and sanitary condition that part
of the dwelling, dwelling unit and premises thereof which he occupies
and controls.
B.
Liability of occupant. Every occupant of a dwelling
or dwelling unit shall be liable if a violation is caused by his own
willful act, assistance or negligence or that of any member of his
family or household or his guests.
B.
Every occupant of a dwelling or dwelling unit shall
dispose of all his garbage and any other organic waste which might
provide food for rodents, in a clean and sanitary manner, by placing
it in the garbage disposal facilities or garbage storage containers.
It shall be the responsibility of the owner to supply such facilities
or containers for all dwelling units in a dwelling containing more
than three dwelling units. In all other cases it shall be the responsibility
of the occupant to furnish such facilities or containers. It shall
be prohibited to store or accumulate garbage or refuse in public halls
and stairways.
C.
No refrigerator may be discarded, abandoned or stored
in a place accessible to children without first removing any locking
devices or the hinges of the door or doors.
Every occupant of a dwelling containing a single
dwelling unit shall be responsible for the extermination of any insects,
rodents or other pests therein or on the premises; and every occupant
of a dwelling unit in a dwelling containing more than one dwelling
unit shall be responsible for such extermination whenever his dwelling
unit is the only one infested. Notwithstanding the foregoing provision
of this section, whenever infestation is caused by failure of the
owner to maintain a dwelling in a ratproof or reasonably insectproof
condition, extermination shall be the responsibility of the owner.
Whenever infestation exists in two or more of the dwelling units in
any dwelling or in the shared or public parts of any dwelling containing
two or more dwelling units, extermination thereof shall be the responsibility
of the owner.
Every occupant of a dwelling unit shall keep
all plumbing fixtures therein in a clean and sanitary condition and
shall be responsible for the exercise of reasonable care in the proper
use and operation thereof. This liability on the part of the occupant
shall not relieve the owner of the responsibility of remedying any
defect nor of any other liability imposed upon the owner by law, but
it shall subject the occupant to the penalties of this chapter, upon
proper proof of any willful or malicious act he has performed.
A.
Yards, lawns and courts shall be maintained in a clean,
sanitary and safe condition and free from infestation insofar as said
occupant occupies or controls said yards, lawns and courts or any
part thereof. The maximum allowable height for grass or weeds on any
yard, lawn or court or any part thereof shall be 10 inches.
B.
Undeveloped lots or portions thereof shall be maintained
in a clean, sanitary and safe condition and free from infestation.
The maximum allowable height for grass or weeds on any undeveloped
lot or any part thereof shall be 10 inches.
Upon failure of the owner or occupant or other person having charge of any building or lot of ground within the Village to maintain said building or lot of ground in compliance with the housing standards set forth in this chapter within seven days from the time such person has been served with a notice to maintain properly a yard, open porch, court, lawn or vacant lot and within 30 days from the time such person has been served with a notice to maintain properly any dwelling or part thereof, the Village may cause said maintenance to be completed, and the total cost thereof shall be assessed upon the real property on which said maintenance is completed and shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected by the Village Treasurer in the manner provided by law for the collection of delinquent taxes. A notice issued herein shall be served either personally upon the owner, the manager designated by § 160-31 or responsible person or by posting the violation notice in a conspicuous place upon the premises affected. If a notice of violation is served by posting it upon the premises, a copy thereof shall be mailed to the person to whom it is directed at his or her last known address.
