[HISTORY: Adopted by the Board of Trustees of the Village
of Walden 7-8-2008 by L.L. No. 3-2008; amended in its entirety 12-9-2014 by L.L. No.
10-2014. Subsequent amendments noted where applicable.]
The Board of Trustees of the Village of Walden determines that
it is in the best interests of the health, safety and general welfare
of the citizens of the Village to require owners of residential rental
properties within the Village of Walden to annually register their
properties with the Building Department of the Village. In this way,
the Village will be able to identify the persons responsible for the
care and management of such properties, so it is in the best interest
of their tenants and neighbors, to ensure that the housing stock meets
New York State fire, health and safety standards and is otherwise
in compliance with all local, state and federal regulations.
For the purpose of this chapter, the following words and phrases
shall have the meanings ascribed to them:
Any structure with a roof supported by columns or enclosed
by walls.
A building or portion thereof arranged, intended or designed
to be occupied by one or more families living independently of each
other upon the premises.
Any individual, partnership, corporation, joint venture,
association or similar type of organization in whose name title to
premises are vested.
A building, dwelling and/or grounds.
Includes all buildings, commercial, residential, industrial
or otherwise, containing one or more unit or units that are either
rented, leased, let or hired out for use and occupancy.
[Amended 7-11-2017 by L.L. No. 7-2017]
[Amended 7-11-2017 by L.L. No. 7-2017]
Registration. Every owner of rental property as defined herein
shall be required to register such property with the Building Department
on the landlord registry form provided by the Building Department.
A new form shall be filed whenever there is a change of ownership
of rental property. The Building Department will contact the new owner(s)
and provide the landlord registry form and see that it is filed within
a period of 30 days from taking title to the property. It is the owner(s)
responsibility to notify the Building Department within 10 working
days of any changes to the information on the landlord registry form
and to submit the changes to the Building Department. Failure to comply
with this provision shall constitute a violation of this chapter.
[Amended 9-6-2022 by L.L. No. 3-2022]
The landlord registry form ("form") is to be delivered by the
Building Department to those properties that are subject to the provisions
of this chapter. The form will be delivered by the Building Department
on a two-year rolling basis, consistent with the mailing of the fire
and safety inspection letters, such that each property will be required
to complete and return the form, together with the required fee, every
two years. The form will be sent out by August 15 and shall be returnable
to the Building Department within 30 days of mailing. Failure to complete
and return the form with the required fee shall constitute a violation
of this chapter.
A.Â
The registry form shall require the following information:
(1)Â
The property address, the Tax Map parcel number for the property
and the number of units in each building.
[Amended 7-11-2017 by L.L. No. 7-2017]
(2)Â
The owner's name, mailing address, street address, a working telephone
number, which may be either for a cell phone or land line, facsimile
number and e-mail address.
(3)Â
The name(s), title(s), address(es) and telephone number(s) of any
responsible person(s) of the company, corporation, partnership or
other similar business entity if the ownership is held in such form.
(4)Â
The name, address and telephone number of the managing agent, operator
of the rental property or a person over 21 years old, who must reside
or in Orange County, who shall be responsible for maintaining the
property in compliance with all state and Village Codes and who is
further designated to accept service of process in any proceeding
relating to this property, who shall be authorized by the owner to
accept legal process on behalf of the owner when the owner resides
or has its principal place of business outside of Orange County.
B.Â
The registry form shall be signed by the owner and his/her designee
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 false statements of material facts herein will
subject me to the provisions of law relevant to the making and filing
of false instruments and shall constitute a violation of this chapter."
C.Â
It shall be the obligation of each owner to timely notify the Building
Department whenever the information provided on the annual registry
form has become outdated or for any reason it is no longer accurate.
It shall be the responsibility of each owner to recertify the aforementioned
information annually with the Village Building Department.
[Amended 7-11-2017 by L.L. No. 7-2017]
[Amended 7-11-2017 by L.L. No. 7-2017]
A.Â
A registration fee shall be established by the Board of Trustees
of the Village and shall be set forth in the Village schedule of fees,
which schedule may be amended from time to time by resolution of the
Board.
B.Â
The registration
fee for the required filing of the landlord registry form shall be
established by the Board of Trustees of the Village and shall be set
forth in the Village Schedule of Fees, which schedule may be amended
from time to time by resolution of the Board.
[Added 9-6-2022 by L.L. No. 3-2022[1]]
[1]
Editor's Note: This local law also redesignated former Subsection
B as Subsection C.
C.Â
The fees
required under this chapter, if not paid as required, shall be a lien
against the real property for which registration is required by this
chapter. The amount of such fee, if not paid as required, may be assessed
and levied against such real property and collected in the same manner
as real property taxes.
The Building Department of the Village of Walden, or its designee, shall review each landlord registry form for completeness and accuracy and shall make an onsite inspection of the rental property, by appointment, as provided by law. See Chapter 121 of the Code of the Village of Walden.
Any person or entity who shall violate any of the provisions
of this chapter shall be guilty of an offense and, upon conviction,
shall be punishable by a fine of not less than $500 nor more than
$1,000 or subject to imprisonment for up to 15 days, or both. Each
calendar week a violation shall continue shall constitute and be deemed
a separate and distinct offense.
