[HISTORY: Adopted by the Town Board of the
Town of Irondequoit 11-20-2007 by L.L. No. 5-2007. Amendments noted where
applicable.]
[Amended 5-21-2015 by L.L. No. 4-2015]
A.
Residential properties are significant assets and a critical investment
in the Town of Irondequoit because of their impact on community character,
property values and overall quality of life. To maintain our neighborhoods
and facilitate effective code enforcement, the Town must be able to
efficiently communicate with property owners regarding maintenance
and property conditions.
B.
In instances when residential properties are rented, the Town Board
has determined that accurate and current contact information is needed
to facilitate timely communication with property owners regarding
potential issues related to property conditions and/or violations
of the Town Code and/or the laws of the State of New York. The Town
Board has also determined that the inability to make timely contact
with the owners of such residential rental properties may result in
extended physical deterioration of housing stock and/or substandard
living conditions for Town residents. The Town Board finds that establishing
registration requirements for rental properties is in the best interest
of public health, safety, and welfare and the good order and governance
of the Town will be promoted and enhanced by the enactment of registration
requirements for such rental properties and their owners through the
enactment of the provisions set forth in this chapter.
[Amended 5-21-2015 by L.L. No. 4-2015]
As used in this chapter, the following terms shall have the
meanings indicated:
Full- and/or part-time employees of the Department of Community
Development, including the Director of Community Development, Building
Inspector, Fire Marshal, Code Enforcement Officer, or others designated
by the Director of Community Development.
The Department of Community Development.
A structure or building, or any part thereof, or any area,
room or rooms therein, occupied or to be occupied by one or more persons
as a home or residence.
The person, persons, or entity shown to be the owner or owners
on the current assessment records of a dwelling unit or of a property
including one or more dwelling units.
A return, in money, property or other valuable consideration
(including payment in kind or services or other thing of value), for
use and occupancy or the right to the use and occupancy of a dwelling
unit, whether or not a legal relationship of landlord and tenant exists
between the owner and the occupant or occupants thereof.
A dwelling unit established, occupied, used or maintained
for rental occupancy in a one- or two-family home.
The occupancy or use of a dwelling unit by one or more persons
other than the owner as a home or residence under an arrangement whereby
the occupant or occupants thereof pay rent for such occupancy and
use. There is a rebuttable presumption that any occupancy or use of
a dwelling unit is a rental occupancy if the owner of the structure
or building containing the dwelling unit does not reside in the same
structure or building.
A property upon which is located a building or buildings
or structure or structures which include one or more rental dwelling
units.
A building secured by means used in the design and approved
plans for the building.
A.
Scope. This chapter shall apply to all rental dwelling
units located within the Town, whether or not the use and occupancy
thereof shall be permitted under the applicable use regulations for
the zoning district in which such rental dwelling unit is located,
as in this chapter provided.
B.
Applicability.[1] The provisions of this chapter shall be deemed to supplement
applicable state and local laws, ordinances, codes, rules and regulations,
and nothing in this chapter shall be deemed to abolish, modify, limit,
impair, supersede or replace any existing requirements of, or remedies
under, any other applicable federal, state or local statute, laws,
ordinances, codes, rules or regulations. In case of conflict between
any provision of this chapter and any applicable federal, state or
local statute, law, ordinance, code, rule or regulation, the more
restrictive or stringent provision or requirement shall prevail. The
acceptance of any registration, the filing of any application under
this chapter or other compliance with the requirements of this chapter
shall not cause, or be deemed to cause, any circumstance, condition,
status, action, or statement of facts that is otherwise illegal, unlawful
or noncompliant under any federal, state or local statute, law, ordinance,
code, rule or regulation, including, but not limited to, the Town
Code, to become or be deemed to be lawful, legal or in compliance.
[1]
Editor's Note: Section 6 of L.L. No. 4-2015, adopted 5-21-2015, states that the "chapter, as amended, applies to all rental dwelling units as defined in this chapter. Any rental dwelling unit that holds a current certificate of registration as of the effective date of this local law shall not be required to submit an affidavit pursuant to § 177-5B. Renewals of current certificates and new registrations that occur after effective date must comply with all requirements of this chapter, as amended."
It shall be unlawful and a violation of this
chapter for any owner of any rental property or rental dwelling unit
in the Town 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 certificate of registration from the Town, as herein provided.
[Amended 5-21-2015 by L.L. No. 4-2015]
A.
Application for a certificate of registration of a rental occupancy
and/or for a rental dwelling unit shall be made in writing on a form
provided by and to be filed with the Department for that purpose.
A separate application shall be made for each rental dwelling unit
or, where more than one rental dwelling unit exists on a rental property,
for each such rental property. In the event that any rental dwelling
unit or rental property is owned by more than one person or entity,
the application shall be executed by each such owner, except in those
instances in which it is owned by an entity in which there are more
than 10 owners, in which event the application shall be executed by
the chief executive officer of such entity (e.g., president, general
partner, managing member). Such application shall contain the following
information:
(1)
The name, address (both street address and any post office address),
telephone and facsimile numbers, and e-mail address, if any, of each
owner. If any owner is an entity which has fewer than 10 owners (e.g.,
shareholders, partners and/or members), the application shall also
include the name, address (both street address and any post office
address), telephone and facsimile numbers and e-mail addresses of
each owner (e.g., shareholder, partner, member) and of each officer
(e.g., president, vice president, treasurer, secretary, general partner,
managing member). If any owner is an entity which has more than 10
owners (e.g., shareholders, partners and/or members), the application
shall also include the name, address (both street address and any
post office address), telephone and facsimile numbers and e-mail addresses
of each officer (e.g., president, vice president, treasurer, secretary,
general partner, managing member).
(2)
The street address of the rental property, including the apartment
or unit number of the rental dwelling unit(s), if any.
(3)
If the rental dwelling unit is occupied as of the date the application
is filed with the Department.
(4)
A description of the building or structure, including the number
of rental dwelling units in the building or structure.
(5)
If any owner does not live within and/or maintain an office or a
place of business within the Town, the name, address (street address
and any post office address), telephone and facsimile numbers and
e-mail address, if any, of the local managing agent or agents or operator
of each such intended rental property.
B.
Conditions to be met; affidavit.
(1)
Such application shall include an affidavit by the owner affirming
that rental dwelling unit(s) meet the following conditions:
(a)
Rental properties and all rental dwelling units thereon shall
comply with all applicable federal, state or local statutes, laws,
ordinances, codes, rules or regulations, especially the New York State
Uniform Fire Prevention and Building Code.
(b)
Operational smoke and carbon monoxide detectors as required
by the New York State Uniform Fire Prevention and Building Code.
(c)
Exterior walls, including foundations, shall be maintained.
All exterior walls and foundations must be free of holes and crevices.
(d)
Exterior doors, windows, skylights and similar openings shall
be maintained secured and weathertight.
(e)
Exterior stairs, porches, entrance platforms, fire escapes and
the railings thereon shall be maintained in a safe and sound condition.
(f)
Roofs shall be maintained in a weathertight condition, secured
by normal means.
(g)
Roof drains, gutters and downspouts shall be maintained in good
repair and free from obstructions.
(h)
Exterior surfaces shall be maintained in good condition.
(i)
Interior living spaces, including kitchen(s), bathroom(s) and
bedroom(s), are in compliance with the New York State Uniform Fire
Prevention and Building Code.
(2)
The affidavit will also affirm that owner has received and read the
following portions of the Town Code and understands the obligation
and responsibility to comply with all applicable state and local laws,
including but not limited to:
C.
Such application shall be signed by the owner, or by each owner,
of the premises, and each such signature shall be notarized.
[Added 5-21-2015 by L.L.
No. 4-2015[1]]
Residents living in a rental dwelling unit subject to the regulations of this chapter may apply to the Department for a courtesy inspection if they believe the minimum standards set forth in § 177-5B are not present or being maintained. Applicants shall pay the fee for courtesy inspection set forth in § 1-18. The inspection fee is nonrefundable.
[Amended 5-21-2015 by L.L. No. 4-2015]
A.
Registration application fee. A nonrefundable registration application
fee shall be paid to the Town upon filing each application for a certificate
of registration of a rental occupancy and/or for a rental dwelling,
in an amount to be set from time to time by the Town Board by resolution.
The Town Board resolution may, in its discretion, but subject to applicable
law, establish a schedule or schedules setting different application
fees for different categories of applicants or properties.
B.
The fees required by this section shall be waived for any applicant
that demonstrates to the satisfaction of the Code Enforcement Official
that it is a not-for-profit housing development corporation organized
under the laws of the State of New York and that it is providing housing
for senior citizens or other designated special populations subject
to income guidelines established by either federal or state regulation.
[Amended 5-21-2015 by L.L. No. 4-2015]
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 Town Code or the New York State Uniform Fire Prevention and Building
Code at the time the application is made. The application shall be
accepted and a certificate of registration shall be issued if, based
on all such available information, such application is found to be
complete and accurate and if, based on all such available information,
the rental property and all rental dwelling units thereon are in compliance
with the Town Code or the New York State Uniform Fire Prevention and
Building Code. Applications shall be rejected if they are deemed to
be incomplete or inaccurate in any way or if the rental property and
all rental dwelling units thereon are determined to not be in compliance
with the Town Code or the New York State Uniform Fire Prevention and
Building Code. Notice to the owner of acceptance or rejection of the
application shall be made in writing.
[Amended 5-21-2015 by L.L. No. 4-2015]
A certificate of registration pursuant to this chapter shall be valid for as long as the information in the application remains complete and accurate, but in no case for more than a period of two years from the date on which the certificate is issued. The owner shall file with the Department a new application in accordance with the requirements of this chapter a) no less than 60 days prior to 1) the expiration of the then current certificate or 2) if sooner, the date set forth in any contract of sale for the closing of transfer of title to the rental dwelling unit or rental property; or b) except for any change in the information provided in the application pursuant to § 177-5A(3), in the event that the prior application is no longer complete or accurate, within 30 days following the occurrence of the event or change in circumstances requiring the updating of such information. In the event a new application is not filed if and when required pursuant to Item a)2) or b) of this § 177-9, the existing certificate of registration shall be null and void.
[Amended 5-21-2015 by L.L. No. 4-2015]
It shall be the duty of the Code Enforcement
Official to maintain a record of registrations pursuant to this chapter.
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 Town 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.
[Amended 5-21-2015 by L.L. No. 4-2015]
A.
Within the context of this chapter, the presence or
existence of any one of the following shall create a rebuttable presumption
that a premises is being used as a rental property or a rental dwelling
unit:
(1)
There exists a written or oral lease or rental arrangement,
payment or agreement for all or any portion of any building or structure
located on the property by and between the owner and any tenants,
occupants and/or other persons or entities in possession thereof.
(2)
The property is occupied by someone other than the
owner, and the owner represents in writing or otherwise, to any person
or establishment, business, institution or government agency, that
the owner resides at an address other than the rental property.
(3)
Utilities, cable, phone or other services are in place
or requested to be installed or used at the premises or any portion
thereof in the name of someone other than the owner.
(4)
There are separate entrances for segregated parts
of any building or structure located on the property.
(5)
There are partitions or internal doors which may serve
to bar access between segregated portions of any building or structure
located on the property, including but not limited to bedrooms.
(6)
Any occupant or person in possession thereof does
not have unimpeded and/or lawful access to all dwelling units in a
building or structure.
(7)
Two or more complete dwelling units, as defined herein
or in the Residential Code of New York State, exist in any building
or structure located on the property.
(8)
A premises has been advertised in any newspaper, magazine,
local advertising publication, or posted or billed as being available
for rent.
B.
The presumptions set forth above, subject to the limitations
contained therein, shall also be applicable to enforcement and prosecution
of illegal residential use and occupancy violations under other articles
of the Town Code.
C.
Nothing herein shall be construed to prevent persons
living together with any owner as a two-family unit as defined by
the Town Code.
[Amended 5-21-2015 by L.L. No. 4-2015]
Any person or entity which fails or refuses
to comply with the requirements of this chapter or violates any provision
of this chapter shall be guilty of a violation punishable, for a conviction
of any offense, in each instance by a fine of not less than $500 or
by imprisonment for a period not to exceed 15 days, or both. Each
week's continued violation shall constitute a separate additional
violation.
[Amended 5-21-2015 by L.L. No. 4-2015]
If any clause, sentence, paragraph, section
or part of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof but shall be confined in its operation
to the clause, sentence, paragraph, section or part thereof directly
involved in said judgment.
[Amended 5-21-2015 by L.L. No. 4-2015]
This chapter originally took effect January 1, 2008.
