A. 
Permit required.
(1) 
It shall be unlawful to use, establish, maintain, operate or let any premises, entirely or partially, for residence occupancy, where any rent is paid or charge is made for such use or occupancy, in the Village of Angola without first having obtained a permit therefor. Failure or refusal to procure a permit hereunder shall be deemed a violation.
(2) 
Application for such permit shall be made, in writing, to the Code Enforcement Officer on a form provided therefor and shall contain the name of the applicant, the location of the premises and the number of dwellings and units and persons to be accommodated.
(3) 
Each application shall be accompanied by a plot, plan or sketch showing the size and location of the premises, all buildings and structures and showing the floor plan to scale of each dwelling unit and accommodation.
(4) 
Each application shall be executed by and sworn to by the owner of the premises or such person who operates such premises, if other than the owner.
(5) 
The permit shall be valid for a period of two years from the date of issuance, pursuant to the fee schedule.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
Fee. The fee shall be $100 per rental unit biannually. Said fee shall include the inspection of premises and the issuance of a rental permit. In the event that additional inspections are necessary for the issuance of a permit, an additional fee of $25 shall be payable for each additional inspection.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
C. 
Compliance. No permit shall be issued under any application unless all provisions of this chapter and the laws of the State of New York have been complied with.
A. 
Any violation of any provision of this chapter or any lawful order of an enforcement officer shall be deemed a violation of this chapter.
B. 
Any person or entity that violates this chapter shall, upon conviction, be punishable as provided for violations of the State Penal Law.
C. 
Alternatively or in addition to those penalties prescribed for violations under the State Penal Law, any person or entity who violates this chapter shall be liable to the Village for a civil penalty of not more than $200 for each day or part thereof during which such violation continues. Said civil penalty shall be recoverable in an administrative proceeding held by and before the Board of Trustees pursuant to the following procedure:
(1) 
Whenever a violation has not been remedied within the time specified in the notice of violation, an enforcement officer may issue an order to show cause why such penalties should not be imposed.
(2) 
Service of order to show cause.
(a) 
Such order to show cause shall be served personally: or by mailing a copy of such order by certified mail to the property owner, to his/her last known address as shown by the records of the Village, and by posting a copy of such order on the premises.
(b) 
A copy of such order may be filed in the County Clerk's office, which order shall be filed in the same manner as the notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules, and shall have the same effect as the notice of pendency as provided therein. An order so filed shall be effective for a period of one year from the date of filing. It may be terminated by an order of a Judge or Justice on the court of record or upon written consent of the Attorney for the Village. The County Clerk shall mark the order to show cause, and any record or docket thereof is canceled of record upon presentation of filing a certified copy of the order or such consent.
(3) 
Content of order. Said order to show cause shall state the nature of the violation, the provision or term violated, and the date, time and place for a hearing before the Board of Trustees. The hearing shall be set for a date not less than seven days after the date the order to show cause is mailed.
(4) 
Conduct of hearing.
(a) 
The Board of Trustees shall conduct a hearing at the date, time and place specified in the order to show cause. The hearing may be adjourned from time to time and shall continue until interested persons subject to the order to show cause are heard. No formal rules of evidence shall apply, nor shall a stenographic transcript be required.
(b) 
After the hearing is closed, the Board of Trustees shall make findings and make a determination. Such determination shall indicate the basis and the reason for the decision, shall state the dollar amount of any civil penalty imposed and shall be supported by substantial evidence.
(c) 
Any penalties imposed, plus the cost to the Village for the proceeding, including but not limited to Attorney's fees and administrative costs, shall be immediately due and payable. Administrative costs shall be determined from time to time by resolution of the Board of Trustees.
(d) 
The determination of the Board of Trustees may be reviewed in a proceeding pursuant to Article 78 of the Civil Practice Law and Rules, provided that such proceeding is commenced within 30 days of such determination. Judicial review shall not stay any payment of fine and costs imposed.
(5) 
Assessment of penalties and costs. All penalties and costs incurred by the Village in connection with the administrative proceeding, if unpaid, shall be a lien on real property and shall be assessed against the property, together with 9% interest per annum, and shall be levied and collected in the same manner as real property taxes.
D. 
The provisions of this section shall not be deemed to limit the Village in enforcing the provisions of this chapter by any appropriate action or proceeding which may prevent, restrain, enjoin, correct or abate any violation or for the enforcement of any provisions of this chapter as may be provided by law.