[HISTORY: Adopted by the Common Council of
the City of Port Jervis 11-12-1996 by L.L. No. 18-1996 (Ch. 28 of the 1981
Code). Amendments noted where applicable.]
The following terms in this chapter are defined
as follows:
The Building Official of the City of Port Jervis.
One or more rooms with provisions for living, cooking, sanitary,
and sleeping facilities arranged for the use of one family and not
having more than one kitchen or kitchenette. The term "dwelling unit"
shall not be deemed to include a hotel, motel, automobile court, tourist
home, furnished rooming house, dormitory, boarding home, convalescent
home, rest home, nursing home, or other accomodations used for transient
occupancy.
[Added 4-8-2013 by L.L. No. 3-2013]
[Amended 3-25-2013 by L.L. No. 2-2013]
It shall be presumptive evidence that four or more persons living
in a single dwelling unit who are not related by blood or marriage
or legal adoption do not constitute the functional equivalent of a
traditional family, except as defined below.
In determining whether individuals are living together as the
functional equivalent of a traditional family, the following criteria
must be present:
The group is one which in theory, size, appearance, structure
and function resembles a traditional family unit.
The occupants must share the entire dwelling unit and live and
cook together as a single housekeeping unit. A unit in which the various
occupants act as separate roomers may not be deemed to be occupied
by the functional equivalent of a traditional family.
The group shares expenses for food, rent or ownership costs,
utilities or other household expenses.
The group is permanent and stable. Evidence of such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in local schools;
Members of the household have the same address for purposes
of voter registration, driver’s license, motor vehicle registration
and filing of taxes;
Members of the household are employed in the area;
The household has been living together as a unit for a year
or more whether in the current dwelling unit or other dwelling units;
Common ownership of furniture and appliances among the members
of the household; and
The group is not transient or temporary in nature.
Any other factor reasonably related to whether or not the group
is the functional equivalent of a family.
A detached building, or portion thereof, containing three
or more dwelling units.
[Amended 4-8-2013 by L.L. No. 3-2013]
The owner or owners of a freehold of the premises or lessor
estate therein, a mortgagee or vendee in possession, assignee or rents,
receiver, executor, trustee, lessee, agent or any other person, firm
or corporation directly or indirectly in control of a dwelling.
The owner of any building defined herein as
a multiple dwelling shall post and maintain in a conspicuous place
in such dwelling a legible notice identifying the owner and managing
agent of such dwelling, together with the residence and business addresses
and telephone numbers of the owner and managing agent. Where the owner
is a corporation, the sign shall contain the names, addresses and
telephone numbers of the officers thereof, together with the residence
and business address and telephone numbers of the officers and of
the corporation.
A.
Every owner of a multiple dwelling as above defined
shall file with the Building Official within 60 days after the adoption
of this chapter a written registration statement, on forms to be provided
by the Building Official, containing the following information:
(1)
A description of the premises by street number or
block and lot number.
(2)
The name and residence and business addresses of such
owner, together with his or her residence and business telephone numbers
or, if such owner is a corporation, the name and address of such corporation
and the name and residence and business addresses of all officers
thereof, together with residence and business telephone numbers of
the corporation and all officers.
(3)
Designation of managing agent.
(a)
The name, residence and business addresses and
residence and business telephone numbers of a natural person, 21 years
of age or over, who actually resides within the City of Port Jervis
and who shall be designated by such owner as a managing agent in control
of and responsible for the maintenance and operation of such dwelling,
and who shall be designated as the person upon whom process may be
served on behalf of the owner. The managing agent shall keep a current
record of all the tenants and their names and addresses who are renting,
leasing or living in the premises. There shall be endorsed upon such
statement a written consent to such designation signed by such managing
agent. Any owner who is a natural person and who meets the requirements
of this subsection as to the location of the residence or place of
transacting business of a managing agent may designate himself as
such managing agent.
(b)
Nothing contained in this section shall be construed
as preventing a corporation which is an owner of a multiple dwelling
from designating as its managing agent with respect thereto any officer
of such corporation who meets the requirements of this subsection
as to the location of the residence or place of transacting business
of a managing agent.
(c)
Any designation as managing agent made pursuant
to the provisions of this section shall remain in full force and effect
until changed or terminated as hereinafter provided.
(4)
Where, after the filing of any registration statement
in relation to any multiple dwelling under the applicable provisions
of this section, the owner of such dwelling shall have granted or
transferred his or her right, title or interest therein or in any
part thereof, such owner shall file with the Building Official, within
10 days after such grant or transfer, a written statement which shall
contain the name and residence and business addresses of the grantee,
transferee or other successor of such right, title or interest, or,
if such grantee, transferee or successor is a corporation, the name
and address of such corporation.
(5)
Where, after the filing of any registration statement
with the Building Official pursuant to the applicable provisions of
this chapter, any change other than the designation of a different
managing agent or a change of ownership or interest occurs in any
name, residence or business address or list of officers required to
be included in such statement, the owner, within 10 days after such
change, shall file in duplicate, on forms to be provided by the Building
Official, a statement setting forth the particulars of such change
so as to supply the information necessary to make currently correct
the last registration statement filed pursuant to the applicable provisions
of this chapter.
(6)
Any designation of a managing agent made pursuant
to the applicable provisions of this chapter shall cease to be effective
if such agent shall die or be judicially declared incompetent.
(7)
An owner may terminate such designation by filing
with the Building Official a written designation of a new managing
agent made in conformity with the provisions hereinabove cited.
(8)
If any owner shall fail, on or before the effective
date of any notice of termination served and filed by a managing agent
or within 15 days after such agent shall die or be judicially declared
incompetent, to file with the Building Official a designation of a
new managing agent made in conformity with the provisions herein,
such owner shall be guilty of a violation of this chapter.
B.
Any registration statement or designation of a managing
agent required to be filed with the Building Official by any owner
or lessee of a multiple dwelling under the provisions of this chapter
shall be signed by such owner or lessee or, if such owner or lessee
is a corporation, by an officer thereof.
C.
Any such registration statement or designation of
managing agent shall be deemed prima facie proof of the statements
therein contained in any criminal prosecution instituted by a City
agency against the owner or managing agent of a multiple dwelling.
Any person, firm or corporation who violates,
disobeys, neglects or refuses to comply with any of the terms of this
chapter shall be guilty of a violation and be subject to a fine of
not more than $500. Each week a violation continues shall be deemed
a separate offense.
