[HISTORY: Adopted by the Board of Trustees of the Village of Malone 7-22-1996 by L.L. No. 1, 1996. Amendments noted where applicable.]
Housing — See Ch. 29.
The Mayor and Board of Trustees of the Village of Malone do hereby establish a program for the enactment, enforcement and administration of a rental permit requirement for all rental units within the corporate boundaries of the Village of Malone and for the periodic registration of all landlords and rental property owners for the purpose of regulating rental property conditions.
As used in this chapter, the following terms shall have the meanings indicated:
- ABSENTEE LANDLORD
- Any landlord who resides outside the designated boundaries of Franklin County as those boundaries may be defined at the time of regular, periodic property registration.
- CODE ENFORCEMENT OFFICER
- The village staff member designated by the Malone Village Board as having responsibility for enforcement of the New York State Uniform Fire Prevention and Building Code and this chapter.
- HOUSING OR DWELLING UNIT
- Any single unit which is capable of housing one separate household, whether a detached single-family structure or building or part of a multihousehold structure or building.
- IMMEDIATE FAMILY
- The "immediate family" of the owner of a housing unit consists of the owner's spouse, children, parents, grandparents or grandchildren.
- Any property owner or designated agent who offers a housing unit for occupancy to persons other than members of his immediate family in exchange for a fee or compensation, whether monetary or otherwise.
- RENTAL PERMIT
- A permit issued by the Village of Malone stating that the referenced structure or unit conforms to the standards of the New York State Uniform Fire Prevention and Building Code and that occupancy of that structure or unit is permitted for residential use.
- RENTAL PROPERTY
- Any housing unit or units which are occupied by persons other than the owner or his immediate family or for which a fee or compensation, monetary or otherwise, is received by the owner in exchange for such occupation.
- RESIDENT AGENT
- A representative of a property owner or landlord who resides within the designated boundaries of Franklin County as defined at the time of periodic property registration.
- Any deficiency in a structure or housing unit as defined by the New York State Uniform Fire Prevention and Building Code.
All landlords must register with the Village of Malone on or before June 30 of each and every calendar year or within 30 days of the date of mailing of yearly real estate tax bills. Upon adoption of this chapter, initial registration will begin as soon as practicable after this chapter is effective. It is the responsibility of the property owner to register any rental property or properties, and failure to do so constitutes a violation of these regulations and is subject to the penalties set forth herein.
All absentee landlords must have a resident agent for each rental unit.
All rental properties will be inspected on an annual basis.
Any substandard condition identified during an annual inspection must be corrected by the property owner before a rental permit shall be issued.
The landlord shall not allow any housing unit to be let, rented or occupied by someone other than the owner or his immediate family until a rental permit has been obtained for that unit. The landlord shall be presumed to know the acts of his agent.
After initial public notice of the enactment of this chapter, with respect to the initial registration of landlords, and every year thereafter, all property owners will receive notice with their yearly tax bills giving them 30 days in which to register any rental properties that they may own. Water and sewer bills will be used to cross-check which properties are rentals and which are owner occupied.
The owner of a property constituting a rental unit shall register the same with the Code Enforcement Officer within 30 days of the effective date of this chapter, on a form approved by the Code Enforcement Officer, showing the address of the rental unit, the name, address and phone number of the owner and his resident agent.
Absentee landlords must designate a resident agent for service of process who resides within the corporate boundaries of Franklin County. If that agent's residence should be removed from Franklin County during the yearly registration period, another agent must be designated for the duration of that period.
It shall be unlawful for any property owner to offer any unit for rent or to allow any rental unit to be occupied without having first registered as a landlord as required herein within the time prescribed for such registration.
Failure to receive notice of the registration deadline will not excuse failure to register rental units. It is the landlord's responsibility to fulfill registration requirements.
It shall be unlawful for a tenant to remain in a housing unit more than 30 days after receipt from a Code Enforcement Officer of notice that there is no valid rental permit for the tenancy, unless said permit is issued within said 30 days. This action shall not diminish the right of the Code Enforcement Officer to take such other action as may be required for health or safety reasons.
No rental unit may be occupied without a valid rental permit. No rental permit shall be issued until the housing unit has been inspected by the Housing Official to determine that the requirements of this chapter have been met.
A rental permit shall be valid for a period of one year from the date it is issued.
If the unit passes inspection, the rental permit shall be issued within five business days of the date of inspection. It the unit does not pass inspection, a permit will not be issued and a notice of violations and work description shall be issued within 10 business days of the date of the inspection.
The fee for a rental permit shall be as established by the Mayor and the Board of Trustees, by resolution, from time to time. In the event that an additional inspection is necessitated by the failure of a property to pass the annual inspection, a fee for each such inspection shall be paid in such amount as shall be established by the Mayor and the Board of Trustees, by resolution, from time to time, before a rental permit shall be issued.
Smoke detectors. No permit shall be issued or renewed until the Code Enforcement Officer shall inspect the rental dwelling unit to determine that it is equipped with a functioning smoke detector device, approved as to design by the applicable fire prevention code of the State of New York or of Franklin County, if any, or conforming to standards of the New York State Board of Fire Underwriters, it any, or, if none, approved by the Code Enforcement Officer.
On-site parking. The premises shall provide a minimum of one on-site parking space for the structure in which the rental dwelling units are to be located and one additional on-site parking space for each proposed rental dwelling unit therein. Such parking spaces shall be paved with asphalt, concrete, gravel or similar materials. The applicant for a rental dwelling unit permit shall be excused from complying with the requirement to provide such minimum number of on-site parking spaces, to the extent that compliance therewith shall not be possible due to the size, configuration, topography or structure coverage of the plot on which such building or structure is located. However, where partial compliance with such on-site parking requirements shall be possible, the applicant shall make such partial compliance with such on-site parking requirements as is possible, given the size, configuration, topography or structure coverage of the plot. The provisions of such on-site parking shall not be required in the case of an existing building or structure that is a multiple dwelling, containing four or more rental dwelling units, as defined in the Multiple Residence Law, unless otherwise required by law.
Inspections of rental units shall be conducted on an annual basis to determine compliance with the New York State Uniform Fire Prevention and Building Code and this chapter.
Inspections shall be conducted and descriptions shall be compiled and issued by the Code Enforcement Officer.
The Code Enforcement Officer will be responsible for arranging for the inspection of rental units and for initiating any other appropriate action under these regulations. The Code Enforcement Officer will give special consideration to any request that inspections be conducted during nonbusiness hours for the convenience of the landlord(s). Such nonbusiness hours for inspection shall be subject to such additional charge as approved from time to time by resolution of the Mayor and Board of Trustees. In the absence of such a request, the inspections will be conducted during normal business hours as defined by the village business hours in force at the time.
Violations of this chapter shall be violations as that term is used in the Penal Law of the State of New York and will be subject to the following penalties, in addition to those imposed by any other applicable code or ordinance, including, without limitation, the New York State Uniform Fire Prevention and Building Code and Chapter 57, Unsafe Buildings and Structures:
Each month's continuance of a violation, after notice of such violation to the landlord or his agent, shall be deemed a separate and distinct offense and shall be punishable accordingly.
This chapter shall take effect immediately upon adoption, publication and filing with the Secretary of State as required by law.