[HISTORY: Adopted by the Town Board of the Town of Ghent 6-15-2000
by L.L. No. 2-2000. Amendments noted where applicable.]
A.
The purpose of this chapter is to protect the health,
safety and welfare of residents in the Town of Ghent, to protect a diverse
housing stock from deterioration and to accomplish the foregoing at low cost
to owners and occupants in order to keep housing costs as low as reasonably
possible in a manner consistent with compliance with this chapter.
B.
The Town Board finds that enforcement of this chapter
will help ensure the protection of persons and property in all existing residential
rental structures and help ensure that rental property owners and prospective
rental property owners are informed of; and adhere to, code provisions governing
the use and maintenance of rental properties.
Except as hereinafter provided, this chapter shall apply to every rental
dwelling or premises that are leased, rented, let or assigned, with or without
consideration, by an owner-occupant, an absentee owner or a legal agent on
behalf of the owner, provided, however, that there are at least three or more
separate units in any such dwelling or premises available for, or capable
of, being rented or occupied. A dwelling unit that is actually occupied by
the owner of the rental dwelling or premises shall not count as a dwelling
unit for purposes of this section.
The following terms shall apply in the interpretation and enforcement
of this chapter:
Any person who has charge, care or control of a building, or a part
thereof; in which residential rental dwelling units are let.
A change in the tenancy of a residential dwelling unit shall be deemed
to have occurred where said unit is unoccupied for a period of 30 or more
consecutive days; or said unit becomes occupied by a person or persons, none
of whom occupied same during the immediately preceding tenancy.
Any person or entity who, alone or with others, has legal or equitable
title.
Any building which is wholly or partly used or is intended to be
used as a habitable space for human occupants for rent.
Permit issued by the Building Inspector certifying that a residential
rental dwelling unit complies with the provisions of the New York State Uniform
Fire Prevention and Building Code.
Any room or contiguous group of rooms for rent located within a building
and forming a single, habitable living space for one family.
A.
The Town of Ghent Building Inspector shall have the right
to inspect all residential rental dwelling units to determine compliance with
applicable provisions of the New York State Uniform Fire Prevention and Building
Code (hereinafter "Uniform Code"). Such inspection may be made at any time,
and it is not necessary that a complaint be made in connection therewith.
B.
On or within three months after the effective date of
this chapter, all owners or agents of any residential dwelling or premises
that is subject to the provisions of this chapter shall obtain a residential
occupancy permit from the Town of Ghent Building Inspector setting forth that
each residential rental dwelling unit complies with all applicable provisions
of the Uniform Code.
C.
On or after the effective date of this chapter, each
owner or agent of a residential dwelling unit or premises in the Town of Ghent
that is subject to the provisions of this chapter shall obtain a residential
occupancy permit from the Building Inspector prior to occupancy of such dwelling
unit where there is a change in the tenancy. Prior to the issuance of such
permit, the Building Inspector shall inspect the premises to determine compliance
with the applicable provisions of the Uniform Code.
D.
It shall be unlawful and a violation of this chapter
for an owner or agent to rent, lease, or otherwise allow the occupancy of
any residential rental dwelling unit that is subject to the provisions of
this chapter without the inspection from the Building Inspector and/or without
obtaining a residential occupancy permit as required herein.
E.
Upon a change in the tenancy for any residential dwelling
unit or premises covered by this chapter, but prior to any new occupancy thereof,
the owner or agent of such unit shall file with the Building Inspector a request
for an inspection of the dwelling unit and the issuance of a residential occupancy
permit.
F.
Each owner or agent shall give written notice to the
Building Inspector of a change of tenancy of any residential dwelling unit
or premises prior to the effective date of such change. No change in tenancy
shall be valid unless such written notice has been given and the Building
Inspector has inspected the property, has determined compliance with the provisions
of the Uniform Code, and has issued a residential occupancy permit.
G.
The Building Inspector shall make the inspection of the
residential dwelling unit within five business days of the date of receipt
of written request from the agent or owner.
H.
If upon inspection said dwelling or premises do not comply
with all applicable provisions of the Uniform Code, the Building Inspector
shall indicate the specific items of noncompliance and shall send or deliver
them in writing to the agent or owner of the subject residential dwelling
unit or premises and shall set forth a time limit not to exceed 30 days for
the correction of or substantial effort to correct the deficiencies noted.
The failure to correct the deficiencies shall be a separate violation of this
chapter in addition to any violation of the Uniform Code.
I.
The Building Inspector shall make a good faith effort
to notify the owner or agent of any residential dwelling unit or premises
prior to an inspection, either by telephone or first-class mail. However,
the failure to notify the owner or agent shall not prevent the Building Inspector
from in any manner inspecting the subject property.
J.
Where the Building Inspector has reason to believe that
the subject residential dwelling unit or premises is in such condition that
it creates an imminent hazard to public health or to the physical or mental
health or safety of the occupants of the rental dwelling unit, the Building
Inspector may inspect the premises immediately, without notice, and in such
event shall provide the owner or agent of such residential dwelling unit one
working day from the date of receipt of notice to correct any violations.
The Building Inspector may further take any additional steps necessary to
assure that any violations will be corrected, including the issuance of an
order directing that the premises be shut down because of any such hazard
to public health or the physical or mental health or safety of the occupants.
The provisions of this chapter shall not apply to dwellings designated
and used exclusively for occupancy as hotels, motels, transient homes, or
bed-and-breakfast facilities.
A.
Any person who shall violate the provisions of this chapter
or who fails to comply with any order issued by the Building Inspector pursuant
to the provisions of this chapter shall be guilty of a violation and, upon
conviction, shall be punished in accordance with the provisions set forth
in § 382 of the Executive Law of the State of New York as may be
amended from time to time, including but not limited to a fine of not more
than $1,000 per day of violation or imprisonment not exceeding one year, or
both.
B.
In addition to any penalties set forth herein, any person
who refuses to permit the Building Inspector to inspect the subject dwelling
unit or premises shall be liable for payment of a civil penalty of not more
than $200 per day for each day such refusal to allow inspection of said dwelling
unit or premises continues. Such civil penalty shall be recoverable in an
action instituted in the name of the Town of Ghent by the Building Inspector
or Zoning Enforcement Officer. Such action may be initiated in Small Claims
Court if the amount due is within the jurisdictional limits of the Court.
The Town of Ghent Justice Court shall have jurisdiction to hear and
receive the prosecution of any complaints in connection with any violation
of this chapter.
The Town Board shall establish a schedule of fees with respect to the inspection and certification of residential dwelling units. Any fees that are unpaid shall be subject to the placement of a lien by the Town of Ghent against the subject property, and any fee due to the Town of Ghent may also be collected as a civil penalty pursuant to the provisions of § 136-6B.
The provisions of this chapter shall be in addition to all pertinent
provisions of the Uniform Code, the Town of Ghent Zoning Law,[1] and all other applicable laws, rules and regulations relating
to the subject matter of this chapter, which code, law, rules and regulations
shall not be diminished by any provision set forth herein.
