[HISTORY: Adopted by the Board of Trustees of the Village
of Hancock as indicated in article histories. Amendments noted where
applicable.]
[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.
A.
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.[1]
B.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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:
A.
Fraud, misrepresentation or a false statement as to material fact
in the application;
B.
A finding that a rental dwelling unit registration certificate was
issued in error and not in accordance with applicable law;
C.
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.
A.
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.
B.
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.
C.
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.
