Hoosick Falls City Zoning Code
ARTICLE 7
RESIDENTIAL OCCUPANCY PERMIT CODE
§ 701 TITLE.
1.
This article shall hereinafter be known and cited as the "Residential Occupancy Permit Code."
§ 702 AUTHORITY.
1.
This Local Law is hereby declared to be protective, preventive, and essential for the public interest, and it is intended that this chapter be liberally construed to effectuate the purposes stated herein.
§ 703 PURPOSE.
1.
Purpose: The Village of Hoosick Falls hereby adopts this Local Law to prescribe regulations governing dwelling units, apartments and tenements within the Village of Hoosick Falls. The purpose of this Local Law is as follows:
a.
To protect the public health, safety, and welfare of the residents of the Village of Hoosick Falls by establishing minimum standards governing the maintenance, appearance and condition of residential dwellings.
b.
To fix certain responsibilities upon owners, operators, occupants and other persons.
c.
To authorize and establish procedures for the inspection of residential premises.
d.
To fix penalties for the violations of this chapter, and provide procedures for correcting violations in those cases where municipal action is required.
§ 704 DEFINITIONS.
The following terms in this Local Law wherever used herein or referred to herein, shall have the respective meanings assigned to them, unless a different meaning clearly appears from the context.
Any landlord who resides outside the designated boundaries of the Village of Hoosick Falls as those boundaries may be defined at the time of regular periodic property registration.
Owner occupied one-family dwelling unit used for providing overnight accommodations and a morning meal to not more than ten (10) transient lodgers, containing at least three (3) but not more than five (5) bedrooms for such lodgers.
The closing, boarding or locking of any or all exterior openings so as to prevent entry into the building or structure.
The certificate of compliance/occupancy shall acknowledge that the work has been completed and that the proposed use and occupancy is in conformity with the provisions of the applicable laws, ordinances, rules and regulations, and shall specify the use of use of, or uses of, and the extent to which the building or structure or its several parts may be put to use.
The staff member appointed by the Mayor, with the approval of the Village Board of Trustees, who has the responsibility of enforcement of this Local Law.
All trucks, vans, construction equipment, and limousines, bearing commercial license plates which are in excess of four (4) tons net weight.
Areas of buildings or structures that are generally accessible to the public, such as, halls, foyers, staircases, and elevators.
The condition or appearance of a building or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance, or excessive use.
Any building or structure which is not occupied by a legal or equitable owner thereof, or by a lessee of a legal or equitable owner, which through neglect or injury lacks necessary repairs or otherwise is in a state of decay or partial ruin to such an extent that said building or structure is a hazard to the health, safety, or welfare of the general public.
Any premises or part of any premises which may lawfully be viewed by the public.
Any premises or part of any premises which are exposed to public view and the open space of any premises outside of any building erected thereon.
The control and elimination of insects, rodents, and vermin.
That space on the same lot with a principal building situated between the front street line or lines and the front line of the building projected to the side property lines. The depth of the front yard shall be measured along a line perpendicular to the front street line or right of way from the point of the foundation of the structure or building closest from such street line.
Animal or vegetable waste resulting from the handling, preparation, cooking, and consumption of food.
Any single unit that is capable of housing one (1) separate household, whether a detached single family structure or building or part of a multi-household structure or building.
The "immediate family" of the owner of a housing unit consists of the owner's spouse, children, parents, grandparents or grandchildren.
The presence of rodents, vermin, insects, or other pests on the premises which constitutes a health hazard.
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 transient temporarily or permanent paying guest.
Three or more dwelling units.
A permit issued by the Village of Hoosick Falls stating that the referenced structure or unit conforms to the standards of this Local Law, and that the 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 Hoosick Falls as defined at the time of periodic property registration.
Any condition so defined by common law, the statutes of the State of New York, or the local laws of the Village of Hoosick Falls or has been adjudicated to be such by a court of competent jurisdiction;
Any condition which may prove attractive to children, but detrimental to their health and safety, whether in or on a building on the premises or the area surrounding the premises, or upon an unoccupied or unapproved lot;
Physical conditions dangerous to human life or detrimental to their health or welfare of persons in/on or near the premises where the conditions exist;
Conditions which render air, food, or drink unwholesome or detrimental to the health of human beings.
Any person having actual possession of a premise.
Any person who has charge, care or control of a dwelling or premises or any part thereof, with or without the knowledge and/or consent of the owner.
Any person or entity who, alone or jointly or severally with others, has legal or equitable title in any form to any premises, with or without actual possession thereof, or who shall have charge, care or control of any dwelling or premises as owner or agent of the owner, including but not limited to a fiduciary, executor, administrator, trustee, receiver or guardian of the estate, or as a mortgagee in possession.
A lot, plot or parcel of land, including the buildings or structures thereon.
All non-putrescent solid wastes, including but not limited to, abandoned vehicles and recreational equipment and parts thereof, abandoned machinery and parts thereof, household furnishings, dead animals, debris, junk, appliances, rubbish, scrap lumber, stumps, tires, trash, and grass and yard clippings.
Any structure intended for residential use which is not currently occupied or in use. For the purpose of the enforcement of this Local Law, a presumption shall exist that a structure vacant for six (6) months is not currently occupied or in use. This does not apply to owner occupied dwellings which are seasonal for that owner.
Any building or structure which is not occupied by a legal or equitable owner, and into which there are one (1) or more unsecured openings, such as broken windows, broken doors, unlocked doors, holes in exterior walls, holes in the roof, broken basement or cellar hatchways or other similar unsecured openings which would facilitate an unauthorized entry into the building or structure.
Any deficiency in a structure or housing unit as defined by this Local Law and/or by the Laws of the State of New York.
§ 705 INTER-MUNICIPAL CONTRACTS.
1.
The Village of Hoosick Falls may, by board resolution, authorize the Mayor to enter into a contract with other governments to enforce the provisions of this local law.
§ 706 DESIGNATION OF CODE ENFORCEMENT OFFICIAL AS PUBLIC OFFICIAL.
1.
There is hereby designated in the Village of Hoosick Falls a public official to be known as the Code Enforcement Officer who shall be appointed by Mayor with the approval of the Village Board of Trustees at compensation to be determined by it.
§ 707 DUTIES AND POWERS OF CODE ENFORCEMENT OFFICER.
1.
Except as otherwise specifically provided by law, ordinance, rule or regulation, or except as herein otherwise provided, the Code Enforcement Officer shall administer and enforce all of the provisions of the New York State Uniform Fire Prevention and Building Code and other laws, ordinances, rules and regulations applicable to plans, specifications, or permits for the construction, alteration and repair of buildings and structures, and the installation and use of materials and equipment therein, and to the location, use and occupancy thereof.
2.
All Code Enforcement Officers of the Village of Hoosick Falls shall be qualified and appointed by the Mayor with the approval of the Village Board of Trustees, and shall be furnished with appropriate official badges and identification cards.
3.
Where violations of Federal, State or Local Laws exist and pose an immediate hazard or danger to the health, safety, or welfare of building occupants or to the public, the Code Enforcement Officer, or his or her assistants and/or inspectors, may issue an order citing the violation and directing such action by such Department as necessary to remove or abate the immediate hazard or danger.
4.
Inspectors and assistants shall be authorized and have the right, in the performance of their duties, to enter any premises during normal business hours and in emergency whenever necessary to protect the public interests. The Code Enforcement Officer or his or her assistants and inspectors, shall have the right to inspect all or any part of a building/rental unit dwelling, including any unit or apartment or multi-residence, except that the owner, agent or person in charge thereof, shall have the right to insist upon procurement of a search warrant from a court of competent jurisdiction in order to establish such inspection. The Code Enforcement Officer, as administrator, may upon Affidavit, setting forth the facts, apply to a court of competent jurisdiction for a warrant authorizing access and, if the Court is satisfied as the matters set forth in said Affidavit, he or she shall authorize the issuance of a warrant permitting access.
5.
Owners, agents, operators and occupants shall be responsible for providing access to all parts of the premises within their control to authorize Department personnel acting in the lawful performance of their duties.
§ 708 ACTING CODE ENFORCEMENT OFFICER.
1.
In the absence of the Code Enforcement Officer, or in the case of his or her inability to act for any reason, the Mayor shall have the power, with the consent of the Village Board of Trustees, to designate a person to act on behalf of the Code Enforcement Officer and to exercise all the powers conferred upon him or her by this ordinance.
§ 709 PERMITS FOR NEW CONSTRUCTION & RENOVATION.
1.
Except as herein provided, no person, firm, corporation, association or partnership shall commence the construction, enlargement, alteration, improvement or demolition of any building or structure or any portion thereof, or install a solid fuel burning heating apparatus, chimney or flue in any dwelling unit, without first having obtained a permit from the Code Enforcement Officer.
2.
No permit shall be required for:
a.
Necessary repairs which do not materially affect structural features.
b.
Alterations to existing buildings provided that the alterations:
(1)
Cost less than ten thousand dollars ($10,000.00);
(2)
Do not materially affect the structural features;
(3)
Do not affect the fire safety features such as smoke detectors, sprinklers, required fire separations and exits;
(4)
Do not involve the installation or extension of electrical systems; and
(5)
Do not include the installation of solid fuel burning heating appliances and associated chimneys and flues.
c.
Residential storage sheds and other small non-commercial structures less than one hundred twenty (120) square feet which are not intended for use by one (1) or more persons as quarters for living, sleeping, eating or cooking: for example, a small storage building, provided that the structure is not greater than eight (8) feet high.
d.
Non-residential farm buildings, including barns, sheds, poultry houses and other buildings used directly and solely for agricultural purposes.
3.
Application for a permit.
a.
The application for a building permit and its accompanying documents shall contain sufficient information to permit a determination that the intended work accords with the requirements of the Uniform Code.
b.
The form of the permit and application shall be prescribed by resolution of the Village Board of Trustees. The application shall be signed by the owner (or his or her authorized agent) of the building or work and shall contain at least the following:
c.
A copy of the application will be sent to the owner (or his or her authorized agent) by registered mail at the address set forth in the application for the permission of the construction of such building.
d.
Such application shall be accompanied by such documents, drawings, plans, (including plot plan) and specifications as the applicant shall deem adequate and appropriate for compliance with the local law or as the Enforcement Officer may require as being necessary or appropriate in his judgment. Applicant may confer with the Enforcement Officer in advance of submitting his application to discuss the Enforcement Officer's requirement for it.
e.
Any plans (including plot plan) or specifications which comprise a portion of the application, whether submitted subsequently upon requirement by the Enforcement Officer, shall be stamped with the seal of an architect or professional engineer or land surveyor licensed in this State and shall in all respects comply with Section 7209 of the Education Law of the State of New York.
f.
Applicant shall notify the Enforcement Officer of any changes in the information contained in the application during the period for which the permit is in effect. A permit will be issued when the application has been determined to be complete and when the proposed work is determined to conform to the requirements of the Uniform Code. The authority conferred by such permit may be limited by conditions, if any contained therein.
4.
General Requirements.
a.
A building permit issued pursuant to this local law shall be prominently displayed on the property or premises to which it pertains.
b.
A building permit issued pursuant to this local law may be suspended or revoked if it is determined that the work to which it pertains is not proceeding in conformance with the Uniform Code or with any conditions attached to such permit, or if there has been misrepresentation or falsification in connection with the application for the permit.
c.
A building permit issued pursuant to the Local Law shall expire one (1) year from the date of issuance or upon the issuance of a certificate of occupancy (other than a temporary certificate of occupancy) whichever occurs first. The permit may, upon written request, be renewed for successive one-year periods provided that:
5.
Stop Work Orders: Whenever the Code Enforcement Official has reason to believe that the work on any building or structure in violation of the provisions of the applicable building laws, ordinances, rules or regulations, or not in conformity with the provisions of the application, or in an unsafe and dangerous manner, he shall notify the owner of the property, or the owners agent, to suspend all work and suspend all building activities until the stop work order has been remedied. Such order and notice shall appear in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him, or by posting the same upon a conspicuous portion of the building where the work is being performed and sending a copy of the same to him by registered mail at the address set forth in the application for the permission of the construction of such building.
§ 710 FEES.
1.
The Village Board of Trustees may establish by Resolution a schedule of filing fees to be charged for the issuance of permits, certificates of occupancy, temporary certificates of occupancy, and for safety inspections to be known as Village Fee Schedule.
§ 711 CERTIFICATE OF OCCUPANCY.
1.
No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Code Enforcement Officer.
2.
No building hereafter enlarged, extended, or altered, or upon which work has been performed which required the issuance of a building permit shall be occupied or used for more than thirty (30) days after the completion of the alteration or work unless a certificate of occupancy shall have been issued.
3.
No change shall be made in the occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued.
4.
When, after inspection, it is found that the proposed work has been completed in accordance with the applicable laws, ordinances, rules and regulations, and also in accordance with the application, the Code Enforcement Officer shall issue a certificate of occupancy. If it is found that the proposed work has not been properly completed, the Code Enforcement Officer shall not issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations.
5.
A certificate of occupancy shall be issued where appropriate, within thirty (30) days after written application therefore is made.
6.
The certificate of occupancy shall acknowledge that the work has been completed and that the proposed use and occupancy is in conformity with the provisions of the applicable laws, ordinances, rules and regulations, and shall specify the use of uses and the extent therefore to which the building or structure or its several parts may be put to use.
7.
Upon request, the Code Enforcement Officer may issue a temporary certificate of occupancy for building or structure, or part thereof, before the entire work covered by the building permit shall have been completed provided such-portions as have been completed may be occupied safely without endangering life or public health and welfare. A temporary certificate of occupancy shall remain effective for a period not exceeding more than three (3) months from its date of issuance. For good causes the Code Enforcement Officer may allow a maximum of two (2) extensions for periods not exceeding three (3) months each.
§ 712 FIRE PREVENTION AND SAFETY INSPECTIONS.
1.
Work for which a building permit has been issued under this local law shall be inspected for approval prior to enclosing or covering any portion thereof and upon completion of each stage of construction including, but not limited to, building location, site preparation, excavation, foundation, framing, superstructure, electrical, plumbing, and heating-and air conditioning. It shall be the responsibility of the owner, applicant, or his agent to inform the Code Enforcement Officer that the work is ready for inspection and to schedule such inspection.
2.
Existing buildings not subject to inspection under Article 7 of this local law shall be subject to periodic inspections for compliance with the Uniform Code in accordance with the following schedule:
a.
All areas of public assembly defined in the Uniform Code, all buildings or structures containing areas of public assembly and the common areas of multiple dwellings, at least once per year, where the tenants of occupied dwelling units allow, the inspection may include such units.
b.
One and two family rental homes will be inspected upon vacancy and prior to re-occupancy unless owner occupied or occupied by an immediate family member of the owner, or a minimum of at least once every two (2) years.
c.
Multiple dwellings upon vacancy and prior to re-occupancy, or a minimum of at least once every two (2) years. The Code Enforcement Official will establish a standard procedure for determining which is appropriate.
d.
If a rental unit has previously been inspected by another comparable agency and that agency issues a certificate of compliance, said certificate will be accepted by the Code Enforcement Official in lieu of another inspection by the Village.
e.
In addition, an inspection may be performed:
§ 713 RENTAL PERMITS.
1.
Owners and lessors, or their respective agents, of rental housing units shall (within one (1) year after the effective date of this local law or within ninety (90) days from the mailing date of registration forms by the Code Enforcement Officer or the Village Clerk), file with the Code Enforcement Officer on the registration forms the following information:
2.
Rental permits will be issued pursuant to satisfactory completion of a housing maintenance inspection. Biannual inspections must be conducted before the end of the calendar month in which the expiring permit was issued.
3.
No rental unit may be occupied until and unless a rental permit has been issued and is in full force. It shall be unlawful and a violation of this chapter for any owner, managing agent or person in possession of a rented dwelling unit, apartment or tenement to let or allow the re-occupancy of said dwelling unit, apartment or tenement without having obtained, prior to said rental or re-occupancy, a residential occupancy permit. Furthermore, it shall be unlawful for any occupant of a rented dwelling unit, apartment or tenement to violate any of the provisions of this chapter relating to said occupancy.
4.
Existing conditions not in strict compliance with this local law shall be reviewed by the Code Enforcement Officer on a case by case basis and shall be permitted to continue when the Code Enforcement Officer finds that the exceptions do not constitute a hazard to life, health, or property. He or she may grant an extension to said owner with the written permission of the Mayor for a period not to exceed six (6) months.
§ 714 DEPARTMENT RECORDS AND REPORTS.
1.
The Code Enforcement Official shall keep permanent official records of all transactions and activities conducted by him or her, including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all rules and regulations promulgated by him or her with the consent of the Village Board of Trustees, and notices and orders issued. All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least a minimum time period so required by State law and regulation.
2.
The Code Enforcement Officer shall annually submit to the Village Board of Trustees a written report and summary of all business conducted by the Building Department, including approvals, permits and certificates issued, fees collected, and notices promulgated, inspections and tests made, and appeals or litigation pending or concluded.
§ 715 PERMITS.
1.
Issuance and Specification: Upon payment of a fee hereinafter set forth in the Village Fee Schedule, at the time of application and issuance, permits shall be issued by and bear the name and signature of the Code Enforcement Officer of the Village of Hoosick Falls and shall specify:
2.
Transfer and Change of Permit: Permits shall not be transferable and any change in activity, operation, location, or use shall be cause for a new permit.
3.
Revocation of Permit: Permits shall continue for the period of time designated at the time of issuance, unless revoked for good cause.
4.
Permits shall be obtained for the following:
a.
Acetylene generators: To operate an acetylene generator having a calcium carbide capacity exceeding five (5) pounds.
b.
Bowling establishments: For bowling pin refinishing and bowling lane resurfacing operations involving the use and application of a flammable or combustible liquid or material.
c.
Cellulose nitrate motion-picture film: To store or have on hand more than twenty-five (25) pounds of cellulose nitrate motion picture film.
d.
Cellulose nitrate plastics (pyroxylin):
e.
Combustible fibers: To store, handle or use combustible fibers in quantities in excess of one hundred (100) cubic feet, except agricultural products on a farm.
f.
Combustible materials: To store combustible materials, including but not limited to empty combustible packing cases, boxes, barrels or similar containers, rubber tires, baled cotton, rubber, cork, or other similar material in excess of two thousand five hundred (2,500) cubic feet volume, on any premises.
h.
To store, handle or use any quantity of liquefied natural or hydrogen gas.
j.
Dry cleaning plants: To use in excess of four (4) gallons of solvents or cleaning agents classified as flammable or combustible.
k.
Dust producing plants: To operate any grain elevator, flour, starch or feed mill, woodworking plant or plant pulverizing aluminum, coal, cocoa, plastics, magnesium, spices, sugar, sulfur or other materials producing explosive potential dust.
m.
Fire alarm system: To install any fire alarm system that will transmit a signal to the Fire Department, Police Department or central answering station.
n.
Flammable and combustible liquids:
(1)
To store, handle, or use flammable liquids in excess of six and one-half (6.5) gallons inside dwellings; or in excess of ten (10) gallons inside any building or other occupancy; or in excess of sixty (60) gallons outside any building; This provision shall not apply to liquids in the tank of a motor vehicle, aircraft, portable or stationary engine, boat or portable heating plant; or to paints, oil, varnishes or similar flammable mixtures when such liquids are stored for sale, painting, maintenance, or similar purposes.
(2)
To store, handle or use flammable liquids in excess of twenty-five (25) gallons inside a building or in excess of sixty (60) gallons outside a building. This provision shall not apply to fuel oil used in connection with oil burning equipment.
(3)
A permit shall be obtained for the initial installation of an oil burner and fuel tank used in connection therewith. A permit shall be required for the replacement of a fuel oil tank connected to an oil burner.
(4)
For processing, blending or refining of flammable or combustible liquids.
o.
Flammable finishing: For spraying, coating or dipping operations that utilize flammable or combustible liquids.
p.
Fumigation and thermal insecticidal fogging: To conduct fumigation or thermal insecticidal fogging operations.
q.
Hazardous chemicals:
(1)
To store, handle or use more than fifty-five (55) gallons of corrosive liquids; or more than fifty (50) pounds of oxidizing materials; or more than fifty (50) pounds of nitromethane; or one thousand (1,000) pounds or more of ammonium nitrate, ammonium nitrate fertilizer mixtures containing sixty percent (60%) or more ammonium or any other amount of toxic material or poisonous gas.
(2)
To store, handle or use any quantity of air-reactive, water-reactive, or unstable materials.
r.
For each installation of liquified petroleum gas employing a container or aggregate of interconnected containers of five hundred (500) gallons or more water capacity and for each permanent installation, irrespective of size of the container, made at buildings in which twenty (20) or more persons, congregate for civic, political, social, educational, religious or recreational purposes. Installers shall maintain a record of all installations and for replacement of portable cylinders and have it available for inspection.
s.
Lumber yards: To operate a lumber yard.
t.
Magnesium: For melting, casting, heat treating, machining or grinding of more than ten (10) pounds magnesium per working day.
v.
Ovens and furnaces: To operate industrial processing oven and furnaces operating at approximately atmospheric pressures and temperatures not exceeding one thousand four hundred degrees Fahrenheit (1,400 F) which are heated with oil or gas fuel or which during operations, contain flammable vapors from the material in the oven or catalytic combustion system.
w.
Service stations and repair garages: To operate a service station or repair garage.
x.
Welding and cutting: To operate a welding and cutting business. A record of all locations where welding and cutting operations are performed shall be maintained and kept available for inspection by the permit holder.
5.
Consolidated permits: When more than one (1) permit is required for the same property or premises, a single permit may be issued listing all materials or operations covered. Revocation of a portion or portions of such consolidated permit, for specific hazardous material or operations, shall not invalidate the remainder.
6.
Location of Permits: Permits shall be kept on the property or premises covered by the permit and carried by the permit holder.
7.
Revocation of permits: Permits may be suspended or revoked when it is determined that there is a violation of a condition under which the permit was issued or that there has been a misrepresentation or falsification of material facts in connection with the permit application or a condition of the permit.
8.
Permit fees: Except as to bulk storage permit fees and flammable liquid transport vehicle permit fees, provided for below, whenever the code provides or requires the issuance of a permit, application therefore shall be made to the Code Enforcement Officer. Upon the filing of this application, a fee in the amount of five dollars ($5.00) shall be paid to the Village Clerk.
9.
All such permits as herein required, with the exception of fire alarms, shall be valid for a period of one (1) year and shall be renewed yearly upon application therefore, and the payment of the permit tee herein required.
§ 716 PENALTIES FOR OFFENSES.
1.
Any person who shall willfully fail to comply with a written order of the Code Enforcement Officer within the time fixed for compliance herewith and any owner, builder, architect, tenant, contractor, subcontractor, plumber, construction superintendent, or their agents, or any other person taking part in assisting in the construction or use of the building who shall violate any of the applicable provisions of this chapter, or any lawful order, notice, directive, permit or certificates of the Code Enforcement Officer made there-under or in addition to any other penalties provided for in this chapter, any person who shall violate any of the provisions of this chapter, the Uniform Code, any rules or regulations adopted pursuant to this chapter or who shall violate or fail to comply with any order made there-under, or who shall build in violation of any detailed statement of specifications or plans submitted and approved there-under, shall severally for each and every such violation be guilty of a misdemeanor punishable by a fine of not less than fifty (50) dollars nor more than two hundred fifty dollars ($250.00), or by imprisonment for not more than thirty (30) days, or both fine and imprisonment. The imposition of one (1) penalty for any violation shall not excuse the violation nor permit it to continue; and all such violations or defects within a reasonable time; and when not otherwise specified, each day that the prohibited condition(s) or violation(s) continues shall constitute a separate offense. The imposition of any such penalty shall not be held to prohibit the enforced removal of prohibited conditions by any appropriate remedy, including immediate application for an injunction.
2.
An action or proceeding in the name of the Village of Hoosick Falls, New York, may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the Uniform Code, this chapter, rule or regulation adopted pursuant to this chapter or a violation order, or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law.
§ 717 RENTAL PROPERTY GENERAL REQUIREMENTS.
1.
All landlords must register with the Village of Hoosick Falls within thirty (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 Local Law is effective.
2.
It is the responsibility of the property owner to register any rental property or properties. Failure to do so constitutes a violation of these regulations and is subject to the penalties set forth herein.
3.
All absentee landlords must have a resident agent for each rental unit.
4.
All rental properties will be inspected at minimum of at least once every 2 years. The Village Board of Trustees in consultation with the Code Enforcement Officer may opt to inspect more or less frequently based on the conditions of the housing stock. The Village Board of Trustees may consider the passage of time, the condition of the building to be inspected, and the condition of the surrounding neighborhood and community.
5.
The property owner must correct any substandard condition identified during an inspection before a rental permit shall be issued.
6.
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 Local Law for such time as the tenant in possession of the residence as of the effective date of this Local Law shall remain in possession or residence.
7.
The owner of a property constituting a rental unit shall register the same with the Village Clerk within thirty (30) days of the effective date of this Local Law on a form approved by the Village Board of Trustees, showing the address of the rental unit, the name and address of the owner and his or her resident agent, and the full name of the tenant in possession of the unit as of the effective date of this Local Law.
8.
Absentee landlords must designate a resident agent for service of process. If that agent's residence should be moved during the yearly registration period, another agent must be designated for the duration of that period.