[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.]
GENERAL REFERENCES
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:
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.
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.
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.
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.
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.
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.
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.
A.Â
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.
B.Â
All absentee landlords must have a resident agent for each rental
unit.
C.Â
All rental properties will be inspected on an annual basis.
D.Â
Any substandard condition identified during an annual inspection
must be corrected by the property owner before a rental permit shall
be issued.
E.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
F.Â
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.
A.Â
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.
B.Â
A rental permit shall be valid for a period of one year from the
date it is issued.
C.Â
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.
D.Â
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
Inspections shall be conducted and descriptions shall be compiled
and issued by the Code Enforcement Officer.
C.Â
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.
A.Â
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:
B.Â
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.
