A.
If a provision of this chapter is found to be inconsistent with any
provision of other chapters of the City Code or Charter, the provision
or requirement which is the more restrictive or which establishes
the higher standard shall prevail. A greater penalty shall not be
considered as more restrictive or a higher standard.
B.
The Inspector of Buildings or his or her designee shall have the
authority to issue such regulations as may be necessary to implement
the provisions of this Code.
C.
If any part, provision, section, subdivision, paragraph, or term
of this chapter shall be held unconstitutional, invalid, or ineffective,
in whole or in part, such determination shall not be deemed to invalidate
the remaining chapter, parts, provisions, sections, subdivisions,
paragraphs, or terms.
Whenever used in the chapter, unless otherwise expressly stated
or unless the context or subject material requires a different meaning,
the definitions as contained in the New York State Uniform Fire Prevention
and Building Code shall apply to the terms and previsions herein.
Any single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking, and sanitation. Dwelling units include,
but are not limited to, one-family dwellings, each unit in a two-family
dwelling, and each unit in a multiple dwelling.
A person, agent, operator, firm, association, organization,
partnership, company, corporation, beneficiary, trust, trustee, and
all other persons having a legal or equitable interest in the property;
recorded in the official records of the state, county or municipality
as holding title to the property; or otherwise having control of the
property, including the guardian of the estate of any such person,
and the executor or administrator of the estate of such person if
ordered to take possession of real property by a court.
A.
All residential rental dwelling units shall be inspected and certified
by the Building Department, which shall determine compliance with,
administer and enforce all applicable provisions of this chapter,
the City Code, and the New York State Uniform Fire Prevention and
Building Code (hereinafter "Uniform Code"). The owner, landlord, managing
agent or person in possession of a rented dwelling unit(s) in a one-family
dwelling, two-family dwelling or multiple dwelling shall secure from
the Building Department a rental unit compliance certificate whenever
the same becomes vacant or whenever there is a change in occupancy
and prior to its being reoccupied, indicating that said dwelling unit
complies with the requirements of this chapter.
B.
Nothing contained herein shall be construed or operate to invalidate
an otherwise legally effective certificate issued prior to May 1,
2017, except:
(1)
When there is a change in the tenancy of the residential rental dwelling
unit to which the certificate relates for dwelling units covered by
the New York State Multiple Residence Law.
C.
Prior to the issuance of a rental unit compliance certificate from
the Building Department, the owner, landlord, managing agent or person
in possession of a rented dwelling unit(s) in a one-family dwelling,
two-family dwelling or multiple dwelling, shall provide to the Building
Department for inspection and copying a New York State driver's
license or, in the alternative, any other valid form of identification
that contains a photograph of the individual, current address, and
date of birth. If the owner, landlord, managing agent or person in
possession of a rented dwelling unit(s) is unable or unwilling to
provide such identification, the Building Department shall withhold
the issuance of a rental unit compliance certificate until valid identification
is displayed to the Building Department.
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 residential rental dwelling unit without the inspection and certification
required herein. It shall be the duty of the Building Department or
its duly appointed agents to inspect a rented dwelling unit(s) whenever
the same becomes vacant or whenever there is a change in occupancy
and prior to its being reoccupied, for the purposes of determining
whether or not the dwelling unit complies with the provisions of this
chapter. It shall be the responsibility of the owner of the rental
property to schedule an inspection with the Building Department in
order to obtain a rental unit compliance certificate.
B.
If, upon inspection, said premises do 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
the substantial effort to correct, the deficiencies noted. The notice
of noncompliance shall be delivered personally or by mail within seven
business days to the owner, agent or person in charge at the address
set forth in the Rental Dwelling Unit Registry and to any occupant
who so requests. Occupants or proposed occupants of dwellings shall
have the right to inspect the rental unit compliance certificate of
the residential rental dwelling unit, apartment or multiple residence
in which they have an interest at no cost.
C.
On or after May 1, 2017, the Building Department shall have the right
to inspect all or any part of the rented dwelling, including any unit
or apartment, or entire multiple residence 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 Inspector of Buildings
or his or her designee or Code Enforcement Officer, 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.
An owner or agent may file with the Building Department a request
for such inspection and the issuance of a rental unit compliance certificate
by regular mail or in person at the Building Department.
E.
Nothing in this article shall be construed to limit the right of
the Building Department to inspect any property at any time. If, after
issuing a rental unit compliance certificate, the Building 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 Building 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 Building Department may take steps necessary, by inspection or
other means, to assure that the violation is corrected.
F.
No rental unit compliance certificate 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 Building
Department and the property owner or agent submits the names and birth
dates of all tenants, not to exceed the maximum occupancy as determined
by the Code Enforcement Officer.
[Amended L.L. No. 1-2018]
G.
No rental unit compliance certificate shall be issued under this article unless the rental dwelling unit is an authorized use pursuant to Chapter 272, Zoning, and until all other applicable provisions and requirements of the Code of the City of Watervliet are complied with and met.
H.
No rental unit compliance certificate shall be issued and no inspection
shall be conducted under this article unless the property is current
and paid to date on its Watervliet City property taxes, including
water and sewer.
B.
Failure of an owner or agent to appear within 15 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.
A.
Once every three years, a firesafety and property maintenance inspection is required for all buildings containing rental dwelling units that are either single-family units or are two-family units and shall be inspected by the Building Department for compliance with the New York State Uniform Fire Prevention and Building Code, Chapter 175, Housing Standards, of the Code of the City of Watervliet, and all applicable housing standards.
B.
There shall be no fee for the inspection being performed by the Building
Department.
C.
All single-family units and two-family units must meet the minimum standards for occupancy as set forth in Chapter 175, Housing Standards, of the Code of the City of Watervliet and must comply with the New York State Fire Prevention and Building Code and all applicable housing standards.
D.
If, upon inspection, said premises do 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
the substantial effort to correct, the deficiencies noted. The notice
of noncompliance shall be delivered personally or by mail within seven
business days to the owner, agent or person in charge at the address
set forth in the Rental Dwelling Unit Registry and to any occupant
who so requests. Occupants or proposed occupants of dwellings 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.
E.
On or after May 1, 2017, the Building Department shall have the right
to inspect all or any part of the rented dwelling, including any unit
or apartment, or entire multiple residence 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 Inspector of Buildings
or his or her designee or Code Enforcement Officer, 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.
F.
Nothing in this article shall be construed to limit the right of
the Building Department to inspect any property at any time. If, after
issuing a residential occupancy permit, the Building 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 Building 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 Building Department may take steps necessary, by inspection or
other means, to assure that the violation is corrected.
G.
No residential occupancy permit shall be issued under this article unless the rental dwelling unit is an authorized use pursuant to Chapter 272, Zoning, and until all other applicable provisions and requirements of the Code of the City of Watervliet are complied with and met.
H.
Upon passing inspection, a residential occupancy permit shall be
granted. All single-family and two-family dwellings shall be required
to hold a valid residential occupancy permit. Such residential occupancy
permit shall be valid for a period of not more than three years. Before
the expiration of the residential occupancy permit, it shall be the
responsibility of the owner of the rental property to schedule an
inspection with the Building Department in order to obtain a new residential
occupancy permit.
I.
Failure of an owner or agent to appear within 15 minutes of a scheduled
inspection ("no show") shall result in a fee of $25 per unit scheduled
for inspection.
J.
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.
A.
Once every three years, a firesafety and property inspection is required for all multiple dwellings, as defined in the New York State Multiple Dwelling Law, including but not limited to all buildings containing three or more rental dwelling units, Class A multiple dwellings, and Class B multiple dwellings and shall be inspected by the Building Department for compliance with the New York State Uniform Fire Prevention and Building Code, New York State Multiple Residence Law, Chapter 175, Housing Standards, of the Code of the City of Watervliet, and all applicable housing standards.
B.
There shall be no fee for the inspection being performed by the Building
Department.
C.
All multiple dwellings must meet the minimum standards for occupancy as set forth in Chapter 175, Housing Standards, of the Code of the City of Watervliet and must comply with the New York State Fire Prevention and Building Code, New York State Multiple Residence Law, and all applicable housing standards.
D.
If, upon inspection, said premises do 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
the substantial effort to correct, the deficiencies noted. The notice
of noncompliance shall be delivered personally or by mail within seven
business days to the owner, agent or person in charge at the address
set forth in the Rental Dwelling Unit Registry and to any occupant
who so requests. Occupants or proposed occupants of dwellings shall
have the right to inspect the multiple dwelling occupancy permit of
the residential rental dwelling unit, apartment or multiple residence
in which they have an interest at no cost.
E.
On or after May 1, 2017, the Building Department shall have the right
to inspect all or any part of the rented dwelling, including any unit
or apartment, or entire multiple residence 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 Inspector of Buildings
or his or her designee or Code Enforcement Officer, 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.
F.
Nothing in this article shall be construed to limit the right of
the Building Department to inspect any property at any time. If, after
issuing a multiple dwelling occupancy permit, the Building 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 Building 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 Building Department may take steps necessary, by inspection or
other means, to assure that the violation is corrected.
G.
No multiple dwelling occupancy permit shall be issued under this article unless the rental dwelling unit is an authorized use pursuant to Chapter 272, Zoning, and until all other applicable provisions and requirements of the Code of the City of Watervliet are complied with and met.
H.
Upon passing inspection, a multiple dwelling occupancy permit shall
be granted. All multiple dwellings shall be required to hold a valid
multiple dwelling occupancy permit. Such multiple dwelling occupancy
permit shall be valid for a period of not more than three years. Before
the expiration of the multiple dwelling occupancy permit, it shall
be the responsibility of the owner of the rental property to schedule
an inspection with the Building Department in order to obtain a new
multiple dwelling occupancy permit.
I.
Failure of an owner or agent to appear within 15 minutes of a scheduled
inspection ("no show") shall result in a fee of $25 per unit scheduled
for inspection.
J.
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.
Each unit shall prominently display in the public area of said
structure the rental unit compliance certificate, residential occupancy
permit, and multiple dwelling occupancy permit as required by this
article.
A.
There shall be a Rental Dwelling Unit Registry. It shall be the responsibility
of all landlords within the City to register as such with the Building
Department. The Inspector of Buildings or his or her designee shall
promulgate regulations and procedures to effectuate said registry
and make same available to the public.
B.
Within the Rental Dwelling Unit Registry shall be a provision for
registration of agents. All landlords who own rental dwelling units
within the City of Watervliet, but live outside of Albany County or
an adjoining county, shall appoint an agent for service and register
said agent with the Building Department. The agent must live or have
a place of business within Albany County or an adjoining county. 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 as if the landlord had been served himself within
Albany County or an adjoining county.
