[HISTORY: Adopted by the Board of Trustees of the Village of Norwood 12-19-2006
by L.L. No. 1-2006. Amendments noted where applicable.]
The Board of Trustees of the Village of Norwood hereby establishes a
program for the enactment, enforcement and administration of a rental permit
requirement for all rental units within the corporate boundaries of Norwood
and for the periodic registration of all landlords and rental property owners
for the purpose of regulating rental property conditions and for maintaining
an inventory of available rental housing.
As used in this chapter, the following terms shall have the meanings
indicated:
Any landlord who resides outside the designated boundaries of St.
Lawrence County as those boundaries may be defined at the time of regular,
periodic property registration.
Any single unit which is capable of housing one separate household,
whether a detached single-family structure or building or part of a multihousehold
structure or building.
The "immediate family" of the owner of a housing unit consists of
the owner's spouse, children, parents, grandparents or grandchildren.
Any property owner or designated agent who offers a housing unit
for occupancy to persons other than members of his immediate family in exchange
for a fee or compensation, whether monetary or otherwise.
A permit issued by the Village of Norwood stating that the referenced
structure or unit conforms to the standards of the New York State Uniform
Fire Prevention and Building Code, and that occupancy of that structure or
unit is permitted for residential use. Any special circumstances or conditions
under which occupancy is permitted may be specified on that certificate.
Any housing unit or units which are occupied by persons other than
the owner or his immediate family or for which a fee or compensation, monetary
or otherwise, is received by the owner in exchange for such occupation.
A representative of a property owner or landlord who resides within
the designated boundaries of St. Lawrence County as defined at the time of
periodic property registration.
Any deficiency in a structure or housing unit as defined by the New
York State Uniform Fire Prevention and Building Code.
A.
All landlords must register with the Village of Norwood
on or before July 31 of each and every calendar year or within 30 days of
the date of mailing of yearly real estate tax bills. Upon adoption of this
chapter, initial registration will begin as soon as practicable after this
chapter is effective. It is the responsibility of the property owner to register
any rental property or properties, and failure to do so constitutes a violation
of these regulations and is subject to the penalties set forth herein.
B.
All absentee landlords must have a resident agent for
each rental unit.
C.
All rental properties will be inspected on an annual
basis.
D.
Any substandard condition identified during an annual
inspection must be corrected by the property owner before a rental permit
shall be issued.
E.
No housing unit shall be let, rented or occupied by someone
other than the owner or his immediate family until a rental permit has been
obtained for that unit. However, no rental permit shall be required for units
which are let or rented as of the effective date of this chapter for such
time as the tenant in possession or residence as of the effective date of
this chapter shall remain in possession or residence.
A.
All property owners will receive notice with their yearly
tax bills giving them 30 days in which to register any rental properties that
they may own. Water and sewer bills will be used to cross-check which properties
are rentals and which are owner-occupied.
B.
The owner of a property constituting a rental unit shall
register the same with the Code Enforcement Officer within 30 days of the
effective date of this chapter on a form approved by the Code Enforcement
Officer, showing the address of the rental unit, the name and address of the
owner and his resident agent and the full name of the tenant in possession
of the unit as of the effective date of this chapter.
C.
The fee for registration shall be established from time
to time by resolution of the Board of Trustees.
D.
Absentee landlords must designate a resident agent for
service of process who resides within the corporate boundaries of St. Lawrence
County. If that agent's residence should be removed from St. Lawrence County
during the yearly registration period, another agent must be designated for
the duration of that period.
E.
It shall be unlawful for any property owner to offer
any unit for rent or to allow any rental unit to be occupied without having
first registered as a landlord as required herein within the time prescribed
for such registration.
F.
Failure to receive notice of the registration deadline
will not excuse failure to register rental units. It is the landlord's responsibility
to fulfill registration requirements.
A.
No rental unit may be occupied without a valid rental
permit. No rental permit shall be issued until the housing unit has been inspected
by the Code Enforcement Officer to determine that the requirements of this
chapter and the New York State Uniform Fire Prevention and Building Code have
been met.
B.
Any rental unit that is occupied at the time of the adoption of this chapter may continue to be occupied, even if substandard, so long as that unit does not constitute an unsafe structure as defined in Chapter 66, Buildings, Unsafe, or the New York State Uniform Fire Prevention and Building Code. Such units will be issued a provisional rental permit valid only for the tenants in possession or residence at the time of adoption, for such time as those tenants remain in possession or residence.
C.
A rental permit shall be valid for a period of one year
from the date it is issued.
D.
The owner of a rental unit may request a rental permit
even though the unit is exempted under the provisions of this chapter.
E.
Rental units determined to be unsafe according to the provisions of Chapter 66, Buildings, Unsafe, and/or the New York State Uniform Fire Prevention and Building Code will be subject to condemnation as provided by those chapters and must be vacated. The notice to vacate the unit and any expenses resulting from that eviction are the sole responsibility of the owner. The Village will not issue eviction notices, nor assume any responsibility for relocation or displacement expenses when that eviction is a result of the owner's noncompliance with these regulations.
F.
Property owners subject to a demolition order will have
the option of granting the property to the Village in fee simple, with the
Village then assuming the responsibility for demolition and clearance, and
assuming sole ownership of the property with all the rights thereof.
G.
If the unit passes inspection, the rental permit shall
be issued within five business days of the date of inspection. If the unit
does not pass inspection, a notice of violations and work description shall
be issued within 10 business days of the date of the inspection.
H.
In the event that the Village does not perform the specified
action within the time period stated, the previous rental permit will be considered
valid for the time that the tenant in possession or residence at the time
of application for permit remains in possession or residence of the unit in
question.
I.
Landlords or their agents must present the previous rental
permit when applying for a new permit. Date of the last inspection will be
verified from the previous permit.
J.
The fee for a rental permit shall be as established from
time to time by resolution of the Board of Trustees. The fee for registering
a rental unit shall be as established from time to time by resolution of the
Board of Trustees.
A.
Inspections of rental units shall be conducted on an
annual basis to determine compliance with the New York State Uniform Fire
Prevention and Building Code.
B.
All inspections finding substandard conditions will be
subject to the procedures set forth for violation of the New York State Uniform
Fire Prevention and Building Code.
C.
Inspections shall be conducted and work descriptions
shall be compiled and issued by the Code Enforcement Officer.
D.
The Code Enforcement Officer shall be responsible for
arranging for the inspection of rental units and for initiating any other
appropriate action under these regulations. The Code Enforcement Officer will
give special consideration to any request that inspections be conducted during
nonbusiness hours for the convenience of the tenant(s). In the absence of
such a request, the inspections will be conducted during normal business hours
as defined by the Village business hours in force at the time.
A.
Violations of this chapter shall constitute a violation and will be subject to applicable penalties under this chapter in addition to those imposed by any other applicable code or ordinance, including, without limitation, Chapter 66, Buildings, Unsafe, or the New York State Uniform Fire Prevention and Building Code.
B.
Penalties for violations of this chapter, by either failing
to register as a landlord or agent or by allowing occupancy without valid
permit, shall be imposed as follows:
A.
Landlords are exempted from the payment of registration
and inspection fees if they comply with all of the following:
(1)
The landlord shall be qualified under the Internal Revenue
Code as a 501-C(3) organization.
(2)
The landlord shall have units inspected, by an inspector
approved by the Village of Norwood's Code Enforcement Officer, no less frequently
with no lesser criteria for passing inspection than that established by the
Village of Norwood.
(3)
The landlord shall deliver to the Village of Norwood's
Code Enforcement Officer a copy of said inspection within 14 days after the
date of completion of said inspection.
(4)
The landlord shall correct any and all deficiencies found
in said inspection within 30 days after said inspection and deliver a report
of those corrections within 45 days after said inspection to the Village of
Norwood's Code Enforcement Officer.
B.
In the event that a landlord claims exemption under this
section and fails to fulfill the requirements, then such landlord shall be
subject to the registration and inspection fees set forth above, any additional
inspection fees or costs incurred by the Village and any other penalties set
forth in this section. The Village shall have the right to revoke said exemption
if the landlord fails to comply with said requirements. The exemption from
fees in no way modifies the obligation of the landlord to register rental
units with the Village of Norwood.
