[HISTORY: Adopted by the Town Board of the
Town of Bedford 6-19-2007 by L.L. No. 6-2007. Amendments noted where
applicable.]
§ 76-1 Purpose and scope.
§ 76-2 Definitions.
§ 76-3 Registration of ownership of property.
§ 76-4 Registry form and filing.
§ 76-5 Inspection requirements.
§ 76-6 Penalties for offenses.
§ 76-1 Purpose and scope.
A.
The purpose of this chapter is to establish a registry
of all residential rental property as defined herein, enabling the
Town to identify persons responsible for the care and management of
such properties, which will ensure the enforcement of local, state
and federal regulations.
B.
The provisions of this chapter shall apply to all
residential rental property located in the Town of Bedford as defined
herein.
§ 76-2 Definitions.
For the purpose of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
- BUILDING
- Any structure having a roof, supported by columns or by walls or self-supporting, and intended for the shelter, housing or enclosure of persons, animals or chattel.
- OWNER
- Any individual or individuals, partnership or corporation, similar type of business organization or proprietary interest, whether for profit or otherwise, in whose name title to a building is vested.
- RESIDENTIAL RENTAL PROPERTY
- Includes all buildings containing residential units, which are either rented, leased, let or hired out to be occupied which shall be limited to two-family or multifamily.
- RESPONSIBLE PERSON
- A local responsible person over 21 years old, residing or doing business in Westchester County, who shall be responsible for the care and management of such property and is authorized by said owner to accept legal process on behalf of the owner when the owner resides or has its principal place of business outside of Westchester County
§ 76-3 Registration of ownership of property.
[Amended 5-6-2008 by L.L. No. 4-2008]
A.
Registration. Every owner of residential rental property
as defined herein shall be required to register such property with
the Building Department on such form or forms as prescribed by the
Building Department within a period of 60 days from notification by
the Building Department. A new form shall be filed whenever there
is a change of ownership, and it shall be the responsibility of the
new owner to see that such form is filed within a period of 60 days
from taking title to the property. It shall be the responsibility
of all owners of residential rental property as defined herein to
register such property with the Building Department, whether notified
to do so by the Building Department or not, within 60 days of acquiring
or establishing such rental unit.
B.
Registry fee. On or after the notification of the
requirement of this chapter by the Building Department, every owner
or prospective owner of residential rental property, as defined in
this chapter, shall be required to register said property with the
Building Department and pay a fee as set forth in the Schedule of
Fees[1] to the Town of Bedford.
[1]
Editor's Note: The Schedule of Fees is on
file in the office of the Town Clerk.
§ 76-4 Registry form and filing.
A.
It shall be the responsibility of the owner of each
property which is subject to the provisions of this chapter to file
a registry application within 60 days of the notification by the Building
Department. The form shall require the following information:
(1)
The property address, the section, block and lot number
of the property as stated on the Tax Map of the Town of Bedford, and
the number of residential dwelling units on each property.
(2)
The owner(s), owner mailing address and telephone
number.
(3)
The name and names, titles, addresses and telephone
numbers of any responsible person(s) of the corporation, LLC, partnership
or other similar business entity if the ownership is held in a non-individual
capacity.
B.
The form shall be signed by the owner and his or her
designee and witnessed by a notary public and shall contain the following
declaration: "I certify that all information contained in this statement
is true and correct to the best of my knowledge and belief. I understand
that the willful making of any false statement of material fact herein
will subject me to the provisions of law relevant to the making and
filing of false instruments and shall constitute a violation of this
chapter." It shall be the responsibility of each owner to timely notify
the Building Department whenever the information provided in this
form has become outdated or for any reason is no longer accurate.
It shall be the responsibility of each owner to recertify the aforementioned
information annually.
§ 76-5 Inspection requirements.
A.
The Building Department or its authorized designee
shall make provisions for inspections of each residential rental property
which is subject to the provisions of this article and shall notify
each responsible person of each residential rental property as to
the time and place of such inspection. The inspection shall be conducted
every two years. The inspection shall be conducted for the purpose
of determining compliance with all applicable rules and regulations
concerning safety and maintenance of said residential rental property,
including the Town Code of the Town of Bedford and all other such
rules and regulations and laws of the State of New York. In addition,
the owner and/or managing agent shall be obligated to review with
the Building Department and its designee or agent the contents of
the landlord registration statement to determine if all said information
is up-to-date, complete and accurate in all respects.
[Amended 5-6-2008 by L.L. No. 4-2008]
B.
Any inspection report issued pursuant to Subsection A of this section which reveals the presence of a violation shall be remedied by the owner within the time stated in the report. Failure to bring any building and/or residential rental property into conformance with such report and/or to remedy within the time set forth therein shall constitute a violation of this article, it being expressly understood that this provision shall not constitute the exclusive remedy of the Town of Bedford, but shall be an addition thereto.
§ 76-6 Penalties for offenses.
A.
No residential rental property as defined herein shall
be occupied by any tenant without compliance with the provisions herein,
and failure to comply shall constitute a violation of the Code of
the Town of Bedford.
B.
A violation of this chapter shall constitute an unclassified
misdemeanor, and any person who shall violate any provision of this
chapter, or any person who shall knowingly assist therein, shall be
liable to a minimum fine of $250 and a maximum fine of $5,000 or imprisonment
not exceeding six months, or both such fine and imprisonment. Each
and every week that any such violation continues after 10 days following
notification that such violation exists shall constitute a separate
offense. Such initial notice of violation shall be written by the
Building Inspector and shall be served by mail or by personal service.
[Amended 3-1-2011 by L.L. No. 2-2011]