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.
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]
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.
