City of Watervliet, NY Article IV Compliance; Enforcement

§ 176-15 Responsibilities of owners and occupants.

A. Responsibilities of owners.

(1) Owners of premises shall be responsible for compliance with this chapter and shall remain responsible thereof regardless of the fact that this chapter may also place certain responsibilities on operators and occupants and regardless of any agreements between owners and operators or occupants as to which party shall assume such responsibility.

(2) Owners of premises shall be responsible for proper maintenance, conditions and operation of service facilities and for furnishing adequate heat and hot water supply in multiple dwellings.

B. Responsibilities of occupants. Occupants of dwelling units shall be responsible for compliance with this chapter in regard to the following:

(1) Limiting occupancy of that part of the premises which he occupies or controls to the maximum permitted by this chapter.

(2) Maintenance of that part of the premises which he occupies or controls in a clean, sanitary and safe condition.

(3) Maintenance of all plumbing, cooking and refrigeration fixtures and appliances, as well as other building equipment and storage facilities, in that part of the premises which he occupies or controls in a clean and sanitary condition and providing reasonable care in the operation and use thereof.

(4) Keeping exits from his dwelling unit clear and unencumbered.

(5) Disposal of garbage and refuse into provided facilities in a clean and sanitary manner.

(6) Extermination of insects, rodents or other pests within his dwelling unit, if his unit is the only one infested in the premises.

(7) Keeping his domestic animals and pets in an appropriate manner and under control.

§ 176-16 Penalties for offenses.

A. It shall be unlawful and a violation of this chapter for any owner, landlord, managing agent or person in possession or charge of a rented dwelling unit(s) in a one-family dwelling, two-family dwelling or multiple dwelling to let or allow the occupancy of said unit without having obtained, prior to said rental, occupancy or reoccupancy, a rental unit compliance certificate as set forth in § 176-5 and § 176-6 of this chapter. It shall be unlawful and a violation of this chapter for the failure of any owner, landlord, managing agent or person in possession or charge of a rented single-family dwelling or two-family dwelling to obtain a residential occupancy permit as set forth in § 176-8 of this chapter. It shall be unlawful and a violation of this chapter for the failure of any owner, landlord, managing agent or person in possession or charge of a rented multiple dwelling to obtain a multiple dwelling occupancy permit as set forth in § 176-9 of this chapter. It shall be unlawful to fail to comply with a violation order issued by the Building Department pursuant to this chapter. Furthermore, it shall be unlawful for any occupant of a rented dwelling unit(s) to violate any of the provisions of this chapter relating to said occupancy.

B. Upon conviction, every owner, landlord, managing agent or person in possession or charge of a rented dwelling unit(s) in a one-family dwelling, two-family dwelling or multiple dwelling, who shall fail to comply with the provisions of this chapter, shall be subject to a fine of $250 or up to five days in jail or up to 50 hours of community service, or any combination thereof, for the first offense; a fine of $500 or up to 10 days in jail or up to 100 hours of community service, or any combination thereof, for a second offense; and a fine of $1,000 or up to 15 days in jail or up to 150 hours of community service, or any combination thereof, for a third or subsequent offense. Each day a violation continues shall be deemed a separate offense.

C. Failure to comply with a violation order to remedy or abate shall subject the person served with the order to the penalties contained in § 127-11D of this Code for failure to comply with a lawful order of the Building Department.

D. Upon conviction, any occupant found to be in violation of this chapter shall be subject to a fine of up to $250 or up to five days in jail or up to 50 hours of community service, or any combination thereof. Each day that a violation continues shall be deemed a separate offense.