[HISTORY: Adopted by the Board of Trustees of the Village
of Walton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-3-2014 by L.L.
No. 1-2014 (Ch. 40B of the 1973 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Any fictitious legal entity authorized by the laws of the
State of New York to own real property, including, but not limited
to, a foreign or domestic corporation of any type, a limited liability
company or a limited partnership.
Includes a dwelling which is either rented, leased, let or
hired out to be occupied or is occupied as the temporary or permanent
residence or home of three or more families living independently of
each other.
The owner or owners of a freehold of the premises or lesser
estate therein, a mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee, agent or any other person, firm,
partnership, corporation or entity directly or indirectly in control
of a dwelling.
The owner of any rental property located within the Village,
whether a one- or two-family residence or 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
addresses and telephone numbers of the officers and of the corporation
as well as the information regarding the managing agent.
The owner of any rental property located within the Village,
whether a one- or two-family residence or a multiple dwelling, shall
file with the Village Clerk, within 60 days after the adoption of
this chapter or within 30 days of the acquisition of ownership therein,
a written registration statement on forms to be supplied by the Village
Clerk, containing the following information.
A.Â
A description of the premises by street number or block and lot number.
B.Â
The name and residence and business address of such owner, together
with his residence and business telephone number or, if such owner
is a corporation, the name and address of such corporation and the
name and residence and business address of all officers thereof, together
with the residence and business telephone numbers of the corporation
and all officers.
C.Â
Designated managing agent or agents. The name, residence, business
address and residence and business telephone number of at least one
natural person, 21 years of age or over, who either actually resides
or has a regular place of business located within 10 miles of the
Village of Walton who is designated by such owner as the 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. There shall be endorsed
upon such statement a written consent to such designation signed by
such managing agent.
A.Â
An 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. 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.
B.Â
The managing agent shall keep a current record of all the tenants
and their names and addresses, who are renting, leasing or living
on the premises.
C.Â
Any designation as managing agent made pursuant to the provisions
of this chapter shall remain in full force and effect until changed
or terminated as hereinafter provided.
D.Â
Any registration statement or designation of a managing agent filed
and maintained by the Village Clerk-Treasurer shall be deemed prima
facie proof of the statements therein contained in any civil action
or criminal prosecution instituted by the Village against the owner
or managing agent of a multiple dwelling.
E.Â
Any owner may terminate such designation by filing with the Village
Clerk-Treasurer a written designation of a new managing agent made
in conformity with the provisions hereinabove cited. Any managing
agent may terminate his or her designation by the filing with the
Village Clerk-Treasurer and signed statement of the termination of
the agency relationship with the owner.
F.Â
Any designation of a managing agent made pursuant to the applicable
provisions of this section shall cease to be effective if such agent
shall die or be judicially declared incompetent.
Where, after the filing of any registration statement in relation
to any rental property under the applicable provisions of this section,
the owner of such dwelling shall have granted or transferred his right,
title or interest therein or in any part thereof, such owner shall
file with the Village Clerk, 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.
Any owner who shall fail to initially file or thereafter accurately
amend the registration of any rental property as to its ownership,
or to maintain a managing agent for any rental property to file the
same with the Village Clerk-Treasurer in conformance with the provisions
of this section within 15 days of any change in the managing agent
of any rental property in the Village, shall be guilty of a violation
of this section.
Any person who violates the provisions of this chapter shall
be guilty of a violation and, upon conviction thereof, shall be subject
to a fine of not more than $250 or imprisonment for a period not to
exceed 15 days, or both. Each week a violation continues shall be
deemed a separate offense.
