HomeMy WebLinkAboutLL 18 of 2017 Residential Rental UnitsyO^
TOWN OF ITHACA
215 N Tioga St, Ithaca, NY 14850
Phone:607-273-1721 n Fax:607-273-5854
www.town.ithaca.ny.us
Town Clerk: Paulette Rosa (PRosa@Town.Ithaca.Ny.US)
Deputy Town Clerks: Debra DeAugistine (DDeaugistine@Town.Ithaca.NY.US)
Jasmin J Cubero (JCubero@Town.Ithaca.NY.US)
December 13, 2017
State Records Unit
Department of State
One Commerce Plaza, 99 Washington Ave.
Albany, NY 12231
To Whom It May Concern,
Enclosed please find Town of Ithaca Local Law Nos. 18 through 20 for the year 2017.
Please contact me if you have any questions.
Sincerely,
Paulette Rosa
Town Clerk
f \Local Law Filing
New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
Albany, NY 12231-0001
www.dos.state.ny.us/corps
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not Include matter being eliminated and do not use
italics or underlining to indicate new matter.
□County GCIty |x]Town GVIIIage
(Select one:)
of Ithaca
Local Law No. 18 of the year 2017
A local law ® chapter entitled "Operating Permits for Certain Residential Rental Units"
(Insert Title)
to the Town of Ithaca Code
/ \
Be It enacted by the Town Board of the
(Name of Legislative Body)
□County GCIty GTown GVIIIage
(Select one:)
of Ithaca as follows:
See attached.
(If additional space Is needed, attach pages the same size as this sheet, and number each.)
DOS-0239-f-l (Rev. 06/12)Page 2 of4
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not appiicable.)
1. (Final adoption by locai legisiative body oniy.) ^
I hereby certHy that the locai law annexed hereto, designated as local law No. 2z of 20'' of
the (Gounty)(City)(Town)(Vlllage) of was duly passed by the
Town Board on December 11, 20^ , In accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approvai, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legisiative Body)
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20| I I, in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as locai law No of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 . and was (approved)(not approved)
(Name of Legisiative Body) f \
(repassed after disapproval) by the on 20 . '<
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (generai)(speciai)(annual) election held on
20 , in accordance with the appiicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was fiied requesting referendum.)
I hereby certify that the locai law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legisiative Body)
(repassed after disapproval) by the on 20 . Such local
(Eiective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was fiied as of
20 , in accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there
be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
DOS-0239-f-l (Rev. 06/12) Page 3 of 4
(City local law concerning Charter revision proposed by petition.)
ereby certify that the local law annexed hereto, designated as local law No of 20 of
/ ^ City of having been submitted to referendum pursuant to the provisions of section (36)(37) of
i Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
.ereon at the (special)(general) election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
i hereby certify that the local law annexed hereto, designated as local law No of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(if any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that i have compared the preceding local law with the original on^ in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and v^a^^aljj^opted in tjiye manner indicated in
paragraph J , above.
Clerk of the^urifyTegislli^ve^body, cltj^'fown oVvillage Clerk or
officer designated by loc
n peai) ] n . \ Date:
,/ \
DOS-0239-f-l (Rev. 06/12) Page 4 of 4
Adopted December 11, 2017
TOWN OF ITHACA
LOCAL LAW NO. 18 OF THE YEAR 2017
A LOCAL LAW ADDING A CHAPTER TITLED “OPERATING PERMITS FOR CERTAIN
RESIDENTIAL RENTAL UNITS” TO THE TOWN OF ITHACA CODE
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. The Town of Ithaca Code is hereby amended by adding Chapter 207, Rental
Property, Article I, Operating Permits for Certain Residential Rental Units, reading as follows:
“Chapter 207, Rental Property
Article I, Operating Permits for Certain Residential Rental Units
§ 207-1. Applicability.
This chapter applies to all residential rental dwelling units except:
A. Residential dwelling units that are rented for terms of less than 30 consecutive days.
B. Accessory dwelling units, as that term is defined in Town of Ithaca Code Chapter 270
(Zoning), §270-5. Accessory dwelling units are subject to operating permit requirements
in Town Code §270-219.6.B(2).
C. Units in multiple-family dwellings, as that term is defined in Town of Ithaca Code
Chapter 270 (Zoning), §270-5. Multiple-family dwellings are subject to operating permit
requirements in Town of Ithaca Code, Chapter 125 (Building Construction and Fire
Prevention), §125-8.
§ 207-2. Operating permit required.
A. Throughout the term of rental occupancy, all residential rental dwelling units (except
those listed in § 207-1 above) shall require a valid operating permit issued pursuant to
Town of Ithaca Code Chapter 125 (Building Construction and Fire Prevention), §125-8.
Before the expiration or renewal of the operating permit, it shall be the responsibility of
the owner of the rental unit(s) to schedule a housing inspection with the Town of Ithaca
Code Enforcement Department in order to obtain a new or renewed permit.
B. The Code Enforcement Department shall issue an operating permit upon verification by
inspection that the items listed in paragraphs 1-13 below meet the requirements of the
applicable New York State Uniform Fire Prevention and Building Code, and the items
listed in paragraphs 14-16 below meet the requirements of the Town of Ithaca Code:
(1) 911 address number properly posted (with each unit posted),
Adopted December 11, 2017
(2) Exterior structure in good repair,
(3) Entrances, access areas, parking spaces and similar areas in good repair,
(4) Receptacles for proper storage of garbage,
(5) Compliant pools and decks (if present),
(6) Working smoke and carbon monoxide detectors,
(7) Interior structure in good repair,
(8) Fire separation (where required),
(9) Electrical, plumbing and heating in good repair,
(10) Appliances in good repair (if supplied by landlord),
(11) Proper light and ventilation,
(12) Proper room sizes,
(13) Proper egress doors or windows,
(14) Compliant off-street parking, per Town of Ithaca Code Chapter 270 (Zoning), §270-
227,
(15) Compliant number of occupants/families, per Town of Ithaca Code Chapter 270
(Zoning), §270-5’s definition of “family” and occupancy requirements in the relevant
zoning district, and
(16) Exterior property areas are not in violation of Town of Ithaca Code Chapter 205
(Property Maintenance), §205-2.
C. A Code Enforcement Officer shall seek a search warrant from a court of competent
jurisdiction whenever the owner, managing agent or occupant fails to allow inspections
of any premises believed to be subject to this chapter and where there is a reasonable
cause to believe that there is a violation of this chapter, Town of Ithaca Code Chapter 205
(Property Maintenance), Town of Ithaca Code Zoning chapter provisions related to
parking or number of occupants/families, or the New York State Uniform Fire Prevention
and Building Code.
D. Owners of residential rental dwelling units that are rented as of the effective date of this
Chapter 207, Article I, must apply for operating permits for the rental units by November
1, 2018. Owners of residential rental dwelling units that are not rented as of the effective
Adopted December 11, 2017
date of this chapter but that are subsequently rented must apply for operating permits
prior to rental occupancy.
E. Failure of an owner of any residential rental dwelling unit that is required to have an
operating permit to apply for an operating permit in a timely manner, to obtain an
operating permit after inspection, or to maintain a valid operating permit after it is
granted throughout the period of rental occupancy, shall be deemed a violation of this
chapter, and a Code Enforcement Officer may order that such rental unit(s) be vacated
within a specified time after notice of violation, unless the property is brought into
compliance within a reasonable time frame as specified in the notice of violation. If a
violation persists beyond the time frame specified in the notice of violation, and the
property is ordered vacated, the property must be kept vacated until it is brought into
compliance.
F. Over-occupancy. Verified over-occupancy shall constitute a violation of the operating
permit. After the issuance of an Order to Remedy, the property owner shall have 30 days
to comply with applicable occupancy limits.
§ 207-3. Rental property information.
Before issuing an operating permit, the Code Enforcement Department shall secure, as part of the
permit application, information related to the rental property as provided by Town of Ithaca
Code Chapter 125 (Building Construction and Fire Prevention), §125-8.B.
§ 207-4. Penalties for offenses.
A. Any person, association, firm, corporation or other entity found by a court to have
violated any provision of this chapter or to have assisted in the violation of any provision
of this chapter shall be guilty of a violation, punishable:
(1) By a fine of $350 for conviction of a first offense.
(2) By a fine of $700 for conviction of the second of two offenses, both of which were
committed within a period of five years.
(3) By a fine of $1000 or by imprisonment for a period of up to 15 days, or both, for
conviction of the third of three offenses, each of which were committed within a
period of five years.
B. Each week’s continued violation shall constitute a separate additional violation.
§ 207-5. Collection of personal information.
Pursuant to Public Officers Law Article 6 (also known as the Freedom of Information Law),
§87(2)(b), personal information identifying tenants may be exempt from disclosure under the
Freedom of Information Law on the grounds that such disclosure would constitute an
Adopted December 11, 2017
unwarranted invasion of personal privacy. The Town of Ithaca will not collect the identities of
tenants as part of the operating permit application process. The identities of tenants may be
collected in connection with specific enforcement actions, but the identities may be exempt from
disclosure under the Freedom of Information Law.”
Section 2. In the event that any portion of this law is declared invalid by a court of
competent jurisdiction, the validity of the remaining portions shall not be affected by such
declaration of invalidity.
Section 3. This local law shall take effect on February 1, 2018.