[HISTORY: Adopted by the Board of Trustees of the Village of Hancock as indicated in article histories. Amendments noted where applicable.]
Article I Registration of Multiunit Apartments
[Adopted 7-8-2013 by L.L. No. 2-2013]
The purpose of this article is to protect the health, safety and welfare of the citizens of the Village of Hancock and to assist in enforcing the Village of Hancock Code by requiring the registration of certain rental units within the Village. This article is adopted pursuant to Municipal Home Rule Law § 10. Nothing in this article shall be construed to relieve any person or entity from complying with the provisions of any other applicable law, rule or regulation established by the Village of Hancock.
It shall be unlawful to occupy or rent to another for occupancy any dwelling unit unless the owner has first obtained a registration certificate as hereinafter required.
This article's provisions shall not apply to hotels, motels, hospitals or nursing homes, or other dwelling units that offer or provide medical or nursing services, so long as such dwelling units are subject to state or federal licensing or regulations concerning the users' and patients' safety.
Within 90 days of this article's effective date, the owner of each dwelling unit rented and existing on this article's effective date shall submit a properly completed rental registration form to the Village's Code Enforcement Officer. Furthermore, the owner of any property, whether previously used as a rental or not, must submit a properly completed rental registration form within 30 days of renting any nonexempt dwelling unit. The Village's Code Enforcement Officer shall furnish such form upon request and issue, after receiving both an application fee and properly completed rental registration form, a rental dwelling unit registration certificate. The application fee shall be set from time to time by resolution of the Board of Trustees.
A properly completed rental registration form shall contain, in addition to any other information the Code Enforcement Office finds reasonably necessary to administer, enforce, and insure compliance with the provisions of this article, the following information:
Owner's name, telephone number, and principal residence address. For purposes of this section, the Village will not accept a post office box as the owner's physical address.
Each and every owner, principal member, or general partner, joint tenancy, tenancy in common or tenancy by the entirety shall be indicated on the application.
If the owner is a corporation, the corporation's principal place of business must be provided, and the name, title, and residence address of all officers, directors, managing or general agents must be included.
If the owner has designated a property agent or managing company, then the name, principal residence address and telephone number of such agent or managing company must be included in addition to that of the owner. The managing company must also supply its principal business address and telephone number.
The owner is solely responsible to register properly any changes of address, property agent or any other information that occurs after the application's filing.
The owner shall specify the address to which all notices of violation issued pursuant to this article and other violations of state and local code requirements are to be forwarded.
If the owner does not reside within the County of Delaware, New York, or a contiguous county within the State of New York, then the owner must provide the name, address and telephone number of a designated property agent who resides in the County of Delaware.
A rental dwelling unit registration certificate issued pursuant to this article shall expire three years after the date of its issue. Renewal shall require the submission of another properly completed rental registration form and payment of the registration fee, and shall be due within 30 days after the previous registration's expiration.
The Village's Code Enforcement Office may revoke a rental dwelling unit registration certificate issued pursuant to this article for any of the following reasons:
Fraud, misrepresentation or a false statement as to material fact in the application;
A finding that a rental dwelling unit registration certificate was issued in error and not in accordance with applicable law;
A violation of any provision of this chapter, including noncompliance with a notice of violation.
Whenever the Code Enforcement Officer determines that there has been a violation of any provision of this article, he shall serve a written notice of violation, either personally or by certified mail, on the owner or designated agent. The notice shall identify the violation and shall state that the violation must be remedied within 10 days after service of the notice.
The Code Enforcement Officer shall be authorized to prosecute violations of this article and shall be authorized to issue appearance tickets in local criminal court for violations.
Criminal. Any infraction of the provisions of this article by failure to comply with any of its requirements shall constitute a violation. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Village of Hancock from taking such other lawful action as necessary to prevent or remedy an infraction.
Civil. In addition to those penalties prescribed above, any person or entity who violates any of the provisions of this article by failure to comply with any of its requirements shall be liable to a civil penalty of not more than $250 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Village of Hancock.
Injunctive relief. An action or proceeding may be instituted in the name of the Village of Hancock, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this article. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Village Board of Trustees.