[HISTORY: [1]Adopted by the Board of Trustees of the Village
of Port Chester 4-2-2007 by L.L. No. 3-2007. Amendments noted where
applicable.]
GENERAL REFERENCES
Building and fire prevention — See Ch. 151.
Unsafe buildings — See Ch. 153.
Housing standards — See Ch. 197.
Property maintenance — See Ch. 245.
Zoning — See Ch. 345.
[1]
Editor's Note: Former Ch. 254, Restaurants,
Art. I, Dancing where Alcoholic Beverages are Served, adopted 1-22-1934,
as amended, was repealed 1-31-2001 by L.L. No. 3-2001. Former Art.
II, Sale of Nonintoxicating Liquors and Beverages, adopted 4-6-1925,
as amended, was repealed 11-3-1997 by L.L. No. 17-1997.
The purpose of this chapter is to establish
a registry of all rental property as herein defined in the Village
of Port Chester thereby enabling the identification of those responsible
for the care and management of such property and ensure the enforcement
of state, federal and local laws and regulations.
For the purpose of this chapter, the following
words shall have the following meanings:
- BUILDING
- Any improved real property located within the Village of Port Chester.
- OWNER
- Any individual(s), partnership or corporation, limited liability company, or any similar type of business association or proprietary interest, whether for profit or otherwise, in whose name title to a building is vested.
- RENTAL PROPERTY
- Includes any building containing two or more residential dwelling units (as defined in the New York State Uniform Building and Fire Prevention Code) or a mixed commercial/residential use which is either rented, leased, let or hired out. This definition shall not be deemed to include cooperative apartments.
A.
Every owner of rental property shall register such
property with the Building Department by completing a form, known
as a landlord registration statement. This form shall be accompanied
by a filing fee of $25.
B.
Every such owner shall file a new landlord registration
statement no less than 30 days prior to the anniversary date of initial
filing.
C.
Every such owner shall immediately notify the Building
Department whenever the information provided in a landlord registration
statement that is on file is no longer accurate or is out-of-date.
A landlord registration statement shall be filed whenever there is
a change of ownership of the rental property. It is the responsibility
of the new owner to see that such statement is filed within 90 days
of the closing of title. If the building is no longer to be used for
rental property, the new owner shall notify the Building Department
accordingly.
A.
The form for the landlord registration statement shall
require the following information:
(1)
The property address, the section, block and lot number
as stated on the Tax Map of the Town of Rye.
(2)
The number of residential dwelling units in the building.
(3)
The name, address and telephone number of the owner.
(4)
If the owner is a corporation, limited liability company,
partnership or other similar business entity, the name, address (post
office box is not acceptable) and telephone number of a person who
shall be authorized to accept notices and legal process on its behalf.
(5)
If the owner does not occupy the rental property,
the name, address (post office box address is not acceptable) and
telephone number of a responsible person or managing agent over the
age of 21 years old, actually residing or doing business in Westchester
County, who is responsible for the care and management of such property
and is authorized by said owner to accept notices and legal process
on behalf of the owner.
B.
The landlord registration statement shall be signed
by the owner and witnessed by a notary public and shall contain the
following declaration: "I certify that all information contained in
this statement is true and correct to the best of my knowledge and
belief. I understand that the willful making of any false statement
of material fact herein will subject me to the provision of law relevant
to the making and filing of false instruments and shall constitute
a violation of this chapter."
A.
No rental property shall be occupied by anyone without
compliance with the provisions of this chapter, and the owner's failure
to comply shall constitute a violation of a certificate of occupancy.
B.
Any person committing an offense against any provision
of this chapter shall also constitute a violation of this chapter
and be punishable by criminal fine or subject to civil penalty in
an amount no less than $250 and not to exceed $1,000. Each day's violation
shall constitute a separate and distinct charge.
