[HISTORY: Adopted by the Board of Trustees
of the Village of Wappingers Falls 1-14-2009 by L.L. No. 1-2009.
Amendments noted where applicable.]
This chapter shall be known as "Local Law No.
1 of the Year 2009, Rental Dwelling Registry and Occupancy Law of
the Code of the Village of Wappingers Falls."
A.
It is the intent of the Village of Wappingers Falls
Board of Trustees to establish a Rental Dwelling Registry and Occupancy
Law for the protection of the health, safety and welfare of residents,
to protect the diversified housing stock from deterioration, to provide
uniform administration and compliance with the building and fire requirements
of New York State and this municipality and to address ongoing issues
within the Village of Wappingers Falls by owners of real property
who offer the same for rent but do not reside in the structure.
B.
The Village Board of the Village of Wappingers Falls
finds and declares that the registration of rental property is intended
to protect and will ensure the protection of persons and property
in all existing rental structures and on all premises required to
be registered under this chapter; and to 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, including provisions limiting the maximum occupancy for
which a rental dwelling unit can be certified.
Except as hereinafter provided, this chapter
shall apply to every rental dwelling, dwelling unit and premises that
are leased, rented, let, assigned or otherwise classified as a rental
property with or without valuable consideration, by an owner, occupant,
or absentee owner.
As used in this chapter, the following terms
shall have the meanings indicated:
Any building which is wholly or partly used or is intended
to be used as habitable space for human occupants.
Any person or entity who or which, alone or with others,
has legal or equitable title.
A dwelling occupied by its owner or by members of his or
her family on a nonrental basis.
Any room or contiguous group of rooms located within a building
and forming a single, habitable living space for one family.
Any furnished room for rent located within a building or
forming a single sleeping space.
All rental units shall be registered with the
Village of Wappingers Falls by the owner as required herein.
A.
All rental dwellings existing as of the effective
date of this chapter shall be registered on or before March 2, 2009.
The Zoning Administrator may require and order registration prior
to that date for any dwelling cited in a notice under the Code of
the Village of Wappingers Falls. Failure to comply with such an order
is a violation of this chapter.
B.
The owner of a new rental dwelling or any dwelling
newly converted to a rental dwelling shall register the rental dwelling
prior to allowing occupancy of any new rental unit.
The owner of any rental dwelling already registered
with the Village of Wappingers Falls shall reregister within 30 days
after any change occurs in registration information. A new owner of
a registered dwelling shall reregister the dwelling within 60 days
of assuming ownership.
The Village shall maintain a registry of all
rental dwellings and rental units containing the following information,
which shall be provided by the owner on forms available from the Zoning
Administrator:
A.
The name, legal residence address and telephone number
of the owner and any agent in control of the rental dwelling, and,
in the event the owner or agent is not a natural person, then the
owner information shall be that of the president, general manager
or other chief executive officer of the organization. Where more than
one natural person has an ownership interest, the required information
shall be included for each owner. The information required herein
shall also include the address and phone number where the owner(s),
agent(s) and/or responsible person(s) may be reached day and night.
B.
The number and type of rental units in the dwelling.
C.
The address of the rental dwelling.
D.
The employer identification number in the event that
the rental dwelling is owned by a corporation.
E.
If neither the address of the owner or the address of the agent in control of the premises as provided in Subsection A is within a radius of 25 miles of the premises, the name, legal residence or business address within Dutchess County and telephone number of a natural person who shall be an agent for service of notices and orders issued under this chapter and for service of process in connection with the prosecutions of violations of this chapter in Village of Wappingers Falls Court or other court of competent jurisdiction.
It shall be a violation of this chapter for
an owner or a responsible person to provide inaccurate information
for the registry of rental dwellings or to fail to provide the information
required herein for the registry.
An owner who fails to register, reregister or
otherwise comply with the provision of this chapter shall, upon conviction,
be subject to the penalties set forth in the Code of the Village of
Wappingers Falls.[1]
A.
General.
(1)
All residential rental dwelling units which are not
subject to Section 1203 of the New York State Building Code and which
are located in a structure which is non-owner-occupied shall be inspected
and certified by the Zoning Administrator or Building Inspector, who
shall determine compliance with, administer and enforce all applicable
provisions of the Building and Fire Codes of the State of New York
and the Code of the Village of Wappingers Falls. Said inspections
and certifications shall commence as soon as practicable upon the
passage of this chapter and will be conducted no less than every 36
months.
(2)
Except as otherwise provided herein, it shall be unlawful
and a violation of this chapter to rent, lease or otherwise allow
the occupancy of any residential rental unit without the inspection
and certification as required herein.
(3)
If, upon inspection, said premises do not comply with
all applicable provisions of this code or the New York State Building
and Fire Codes or the Code of the Village of Wappingers Falls, the
specific reasons for noncompliance shall be specified in writing and
delivered to the property's owner or legal agent.
B.
On or after the passage of this chapter, the Zoning
Administrator or Building Inspector shall have the right to inspect
all or any part of the rental dwelling, including any unit or apartment
as required herein, and/or upon complaint, except that the owner,
agent or person in charge thereof shall have the right to insist upon
the procurement of a search warrant from a court of competent jurisdiction
by the Zoning Administrator or Building Inspector, or his or her designee,
in order to enable such inspection. The officials charged with conducting
the inspection pursuant to this section shall be required to obtain
a search warrant whenever an owner, agent or person in charge refuses
to permit a warrantless inspection of the premises after having been
advised that he or she has a constitutional right to refuse entry
of the officials without a search warrant.
C.
The officials charged with conducting the inspection
shall make such inspection, access and circumstances permitting, within
three business days of receipt of a request from the owner, agent
or occupant.
D.
Nothing in this section shall be construed to limit
the right of the Zoning Administrator or Building Inspector to inspect
any property at any time. If, after issuing a residential occupancy
permit, the Department receives a complaint alleging a violation of
this section, other than a violation which creates an imminent hazard
to the public health or to the physical or mental health of the occupants
of the rental property, the Zoning Administrator and/or Building Inspector
shall make a good faith effort to notify the owner or agent of the
complaint by either telephone or regular mail, before conducting an
inspection under this section, and shall provide to the owner or agent
one working day to explain what steps the owner or agent is taking
to correct the violation. The Zoning Administrator and/or Building
Inspector may take steps necessary, by inspection or other means,
to assure that the violation is corrected.
No owner, agent or person in charge shall collect rents during any period of noncompliance with a notice to cure issued pursuant to § 120-11 which would otherwise be due and owing for the rental of premises unless and until he or she shall have complied with the provisions herein.
The provisions of this chapter shall not apply
to dwellings designed and used exclusively for occupancy as hotels,
motels, transient homes or establishments of like nature.
Any person who shall knowingly and willfully violate or assist in the violation of § 120-11 or 120-12 or who fails to comply with a notice and order issued by the Zoning Administrator or Building Inspector under the aforementioned sections shall, upon conviction, be punished as set forth in the Code of the Village of Wappingers Falls.[1]
A.
The following schedule of fees shall apply with respect
to the inspection and certification of resident dwelling units:
[Amended 12-14-2011 by L.L. No. 10-2011]
(1)
The
initial inspection to determine compliance with the applicable provisions
of this Code shall result in a fee of $100 per structure.
(2)
Any
and all subsequent reinspection(s) necessary to determine compliance
with required corrective action or repairs shall be subject to a charge
of $50 per unit inspection.
(3)
Failure
to appear within 15 minutes of a scheduled inspection ("no show")
shall result in a fee of $25 dollars per unit.
(4)
Cancellation
of a scheduled inspection less than 24 hours before that scheduled
inspection ("late cancellation") shall result in a fee of $25 per
unit.
(5)
Cancellation
of a scheduled inspection for the unit more than once or after a "no
show" ("second cancellation") shall result in a fee of $25 per unit.
B.
Fees prescribed under this section for failure to
appear at, and cancellation of, a scheduled inspection may be waived
at the discretion of the Zoning Administrator or Building Inspector
for good cause shown.
C.
Unpaid fees shall be subject to the placement and
recording of a lien by the Village of Wappingers Falls against the
inspected property.
