HomeMy WebLinkAboutLL 19 of 2017 Amend Ch 125 Operating Permits for Certain Rentals TOWN OF ITHACA
LOCAL LAW NO. 19 OF THE YEAR 2017
A LOCAL LAW AMENDING THE TOWN OF ITHACA CODE, CHAPTER 125 TITLED
"BUILDING CONSTRUCTION AND FIRE PREVENTION",
TO ADD REQUIREMENTS FOR OPERATING PERMITS AND INSPECTIONS
FOR CERTAIN RESIDENTIAL RENTAL UNITS AND ACCESSORY DWELLING UNITS,
AND TO ADD PERMIT REQUIREMENTS UPON TRANSFER OF TITLE
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 125 (Building Construction and Fire Prevention) of the Town of
Ithaca Code, §125-8 titled "Operating permits"is amended as follows:
A. By adding a new subsection A(11) reading as follows:
"(11) All residential rental dwelling units and accessory dwelling units that are required to
have operating permits per Town of Ithaca Code Chapter (Operating Permits for
Certain Residential Rental Units) or Town of Ithaca Code Chapter 270 (Zoning),
§270-219.6.B(2). Notwithstanding any provision to the contrary in this §125-8, the
occupancy of such units prior to an owner obtaining required operating permits shall
be governed by the applicable provisions of Chapter (Operating Permits for
Certain Residential Rental Units) and §270-219.6.B(2)."
B. By adding the following sentence to the end of subsection E:
"Notwithstanding the foregoing, an operating permit for all residential rental dwelling units
and accessory dwelling units that are required to have operating permits per Town of Ithaca
Code Chapter (Operating Permits for Certain Residential Rental Units) or §270-
219.6.B(2) shall be valid for a period of five years from its date of issuance, unless earlier
revoked or suspended."
C. By adding a new Subsection H reading as follows:
"H.Transfer of title. An application for a new operating permit shall be required within sixty
(60) days after the transfer of title to the premises. Provided the application for a new
operating permit is timely, a property shall not be subject to an operating permit
inspection if it has passed inspection within one year before the application date."
Section 2. Chapter 125 (Building Construction and Fire Prevention) of the Town of
Ithaca Code, §125-9 titled `Firesafety and property maintenance inspections"is amended by
deleting Subsection B and replacing it with a new Subsection B reading as follows:
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"B. (1) The Code Enforcement Officer shall conduct firesafety and property maintenance
inspections of all multiple dwellings and all nonresidential occupancies at least once
every three years, except inspections shall occur at least once every year for all health
care facilities where more than 10 people normally sleep nightly(including hospitals,
nursing homes, infirmaries, and sanitariums), all child and adult day-care centers and
facilities, as defined in Chapter 270, Zoning, of the Code of the Town of Ithaca, and
all dormitory buildings, regardless of the number of sleeping accommodations.
(2) The Code Enforcement Officer shall conduct firesafety and property maintenance
inspections of all other residential rental dwelling units and accessory dwelling units
that require an operating permit at least once every five years.
(3) Such inspections may be made at any reasonable time. Upon completion of the
inspection, if the Code Enforcement Officer is satisfied that the buildings so inspected
are in compliance with the Uniform Code, Chapter 270, Zoning, and other laws of the
Town of Ithaca relating to the safety of buildings, the Code Enforcement Officer shall
issue an operating permit, where one is required by § 125-8, upon payment of the
applicable fees for the inspection and the permit. Inspections for all residential rental
dwelling units and accessory dwelling units that are required to have operating
permits per Town of Ithaca Code Chapter (Operating Permits for Certain
Residential Rental Units) or Town of Ithaca Code Chapter 270 (Zoning), §270-
219.6.B(2) shall be conducted pursuant to the applicable procedures in Chapter or
§270-219.6.B(2)."
Section 3. 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 4. This local law shall take effect immediately upon filing with the New York
State Secretary of State.
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