[HISTORY: Adopted by the Common Council of
the City of Cohoes as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-8-2007 by Ord. No. 8-2007;
amended in its entirety 3-28-2017 by L.L. No. 4-2017]
The purpose of this article is to establish a registry of businesses
operating within the City of Cohoes for the general information of
the public and for the promotion of the City. The registry will also
assist the City with information to provide more adequate police and
fire protection; more equitable real property taxation; better efficiency
and economy in furnishing public utility services within the City;
and more comprehensive and informed planning for uses of land and
structures within the City.
No person, partnership, firm, company, corporation, organization,
or entity shall enter into or begin or continue a business, defined
herein as any trade, occupation, profession, service, work, commerce,
or other activity owned or operated for profit by any entity within
the City, without first registering with the City Clerk on a form
provided by the Clerk. Not-for-profit, political, charitable, or religious
organizations or establishments are encouraged to participate in the
registry, but will not be subject to violations or penalties for their
failure to do so.
A.
There shall be a business registry. It shall be the responsibility
of all property owners renting to or operating a business within the
City to register as such with the Code Enforcement Department. The
Director of Code Enforcement shall promulgate regulations and procedures
to effectuate said registry and make same available to the public.
B.
Every owner of a business or commercial rental property not residing
within a fifteen-mile radius of Cohoes City Hall shall appoint an
agent for service and register said agent with the Department of Code
Enforcement on a form developed by the Director of Code Enforcement.
The agent must reside or have a permanent place of business within
a fifteen-mile radius of Cohoes City Hall. The agent shall endeavor
to be available to City of Cohoes officials and personnel by telephone
and able to respond in person to the rental property address in cases
of emergency or natural disaster. Service of an appearance ticket
as defined in the New York State Criminal Procedure Law upon said
agent for service shall constitute good and sufficient service on
the property owner.
C.
Every owner of commercial rental property not residing within a fifteen-mile radius of Cohoes City Hall convicted of two or more violations of any provision of Chapters 152, 215 or 239 of the Cohoes City Code within three years shall be required to hire a professional property manager who shall maintain a permanent place of business within a fifteen-mile radius of Cohoes City Hall.
The City Clerk shall send a copy of the registration form to
the Fire Chief, the Police Chief, the Code Enforcement Director, the
Assessor, and the Community and Economic Development Director upon
receipt. The Community and Economic Development Director shall organize
the received forms and information into a business registry which
shall be available for public inspection and use.
Any change in the information recorded on the registration form,
including discontinuance of the business, must be reported to the
City Clerk, in writing, or by amending an existing form or submitting
a new form, within 72 hours of the change taking effect.
Registration as a new or existing business with the City Clerk
shall in no way be construed to indicate that the business has obtained
all necessary approvals, permits, or licenses from any governmental
agency or department.
A.
All new businesses must request a business inspection from the Code
Enforcement Office prior to opening business to the public or occupying
the space. All work must comply with Cohoes Zoning Code,[1] NYS Uniform Code and all regulating agencies, including
but not limited to the County Health Department, State Liquor Authority
or any regulating body(-ies).
B.
Every year thereafter the business owner shall schedule an annual
business inspection and make available the space for inspection by
a Code Enforcement Officer.
All businesses shall apply for and receive an operating permit,
based on successful registration and business inspection. Operating
permits shall require annual renewal after the aforementioned annual
business inspection.
A.
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 business without the inspection and certification as required
herein. It shall be the duty of the Code Enforcement Department or
its duly appointed agents to inspect a business whenever the same
becomes vacant and prior to its being reoccupied, upon the written
request of the owner or managing agent, in response to a complaint
or for the purposes of determining whether or not the business complies
with both the provisions of this chapter and the NYS Uniform Code.
B.
If, upon inspection, said business does not comply with all applicable
provisions of this code or the Uniform Code, the specific reasons
for noncompliance shall be specified in writing, and a time limit
not to exceed 30 days shall be directed for the correction of, or
substantial effort to correct, the deficiencies noted. The notice
of noncompliance shall be delivered personally or by mail within seven
days to the owner, agent or person in charge at the address set forth
in the business registry and to any occupant who so requests. A business
or proposed business shall have the right to inspect the residential
occupancy permit of the residential rental dwelling unit, apartment,
or multiple residence in which they have an interest at no cost.
C.
On or after January 1, 2002, the Code Enforcement Department shall
have the right to inspect all or any part of the business, including
any office or storage, or entire building, as required herein 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 Director of the Department,
or his or her designee, in order to enable such inspection. The officials
charged with conducting the inspection pursuant to this article 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.
D.
The officials charged with conducting the inspection shall make such
inspection, access and circumstances permitting, within five business
days of receipt of a request from the owner, agent, or occupant.
E.
An owner or agent may file with the Department a request for such
inspection and the issuance of an operating permit by regular mail
or in person at the office of the Director of the Department.
F.
Nothing in this article shall be construed to limit the right of
the Code Enforcement Department to inspect any property at any time.
If, after issuing an operating permit, the Department receives a complaint
alleging a violation of this chapter or other chapter of the City
Code, other than a violation that creates an imminent hazard to the
public health or to the physical or mental health of the occupants
of the rental property, the Department 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 chapter,
and shall provide to the owner or agent one working day from the date
the owner or agent receives the notice to explain what steps the owner
or agent is taking to correct the violation. The Department may take
steps necessary, by inspection or other means, to assure that the
violation is corrected.
G.
No operating permit shall be issued and no inspecting under this
article shall be conducted, unless and until the applicable fee(s)
required under this chapter is paid in full to the Department and
the property owner or agent submits the names and contact information
of all business owners.
H.
Upon request or complaint and payment of applicable fees if any, an inspection shall be conducted, but no residential occupancy permit shall be issued under this article unless the business is an authorized use pursuant to Chapter 285, Zoning, and until all other applicable provisions and requirements of the Code of the City of Cohoes are complied with and met.
J.
Notwithstanding the provisions of § 215-61, the Director
of Code Enforcement may issue a temporary operating permit if all
City, county and school taxes are not current if the applicant pays
a fee equal to 15% of the outstanding City, county, and school taxes
due, including late fees and penalties, on the property.
K.
Any temporary operating permit issued pursuant to § 215-6J shall be revoked by the Director of Code Enforcement under the following circumstances:
L.
The Director of Code Enforcement shall have the right to revoke any operating permit issued under this procedure applicable to qualifying businesses or business complexes as outlined in §§ 128-5.1 and 128-5.2 for failure to comply with the aforementioned requirements or NYS Property Maintenance, Fire and Uniform Code. Further, the Director of Code Enforcement shall require that said qualifying businesses that fail to meet the standards and fulfill the obligations outlined in § 128-5.2 be subject to standard operating permit inspection and issuance practice, policy, and procedures.
B.
Failure of an owner or agent to appear within 30 minutes of a scheduled
inspection ("no show") shall result in a fee of $25 per unit scheduled
for inspection.
C.
Cancellation of a scheduled inspection less than 24 hours before
that scheduled inspection ("late cancellation") shall result in a
fee of $25 per unit scheduled for inspection.
D.
Should a unit fail inspection, the initial reinspection shall be
free of charge; however, each subsequent reinspection thereafter until
that unit passes shall result in a reinspection fee of $25 per unit
being reinspected.
The penalty for a violation of this article shall be up to $250
and/or 15 days in jail. Each day such violation continues shall be
considered a separate offense and may be charged as such.
[Adopted 6-12-2007 by Ord. No. 10-2007]
Pursuant to § 72-p of the New York
State General Municipal Law, there shall be established in the City
of Cohoes a farmers' market, as defined in § 260 of the
New York State Agriculture and Markets Law, which shall exist for
a public purpose.
The Cohoes Local Development Corporation shall
administrate the operation of the Cohoes Farmers' Market. The Cohoes
Local Development Corporation shall promulgate guidelines, regulations
or rules for the governance of the farmers' market, market places,
and market lands, not in conflict with the rules and regulations of
the Department of Agriculture and Markets, and subject to the approval
of the Board of Managers of the City of Cohoes.
A.
Transient or direct sellers of produce and related
items, such as vegetables, fruits, dried flowers, cut flowers, plants,
jams, jellies, preserves, bread, herbs, honey, maple syrup, meat and
other perishable products, on City property designated for that purpose
under this article shall register with the Cohoes Local Development
Corporation before commencing sales. The Cohoes Local Development
Corporation shall obtain all information and fees required under its
approved rules.
B.
The Cohoes Local Development Corporation is hereby
delegated the authority to extend revokable licenses to participants
to utilize the space on City property, and may grant access to reserved
space or stalls as it sees fit.
C.
Notwithstanding the provisions of Chapter 198 of the City Code, a City-issued vendors' license will not be required for approved participants in the Cohoes Farmers' Market.
D.
The Board of Managers may designate a City-owned parking
lot or portion thereof to be used as a farmers' market for the months
May through October. The parking lot currently used for the Cohoes
Farmers' Market is located at the Municipal Parking lot on Remsen
Street south of Smith's Restaurant. The Board of Managers may change
the location of the farmers' market as needed.
E.
Market hours shall be determined by the Cohoes Local
Development Corporation, as approved by the Board of Managers, and
are presently Fridays from 4:00 p.m. until 7:00 p.m.
F.
Each approved vendor shall be responsible for his/her
area and shall keep the area free of litter and debris. Vendors shall
remove all equipment, displays and sale items from the market at the
close of the day.
