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 Article 4: Certificates of Occupancy
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401.00 Temporary Certificate of Occupancy
- 402.00 Exemptions
- 403.00 Appeal Procedure
- 404.02 Smoke Detectors
← Section 400
Section 401.00 Temporary Certificate of Occupancy
Whenever the Village of Alfred Housing Law Enforcement Officer inspects premises and finds them not to be in compliance with the Village of Alfred housing Law but finds further that such noncompliance does not represent an imminent danger to the health or welfare of the occupants of those premises and can be remedied within a reasonable time without vacating the premises, the Housing Law Enforcement Officer shall issue a temporary certificate of compliance on a form prescribed by the Village of Alfred Trustees. Such certificate shall not be issued for a period longer than is reasonably required to remedy any deficiencies in the premises, and in no event shall be issued for a period longer than one hundred twenty (120) days.
Section 402.00 Exemptions
A certificate of compliance shall not be required for premises which are occupied year round by their owner as a principal residence where the owner rents one or more rooms to tenants who share the same cooking facilities as the owner occupant. A certificate of compliance shall not be required for premises which are occupied by the owner year round as a principal residence and only rented by the owner to others during the owner's temporary absence, not to exceed fifteen months, from the Village of Alfred.
Section 403.00 Appeal Procedure
A person aggrieved by a decision of the Alfred Village Housing Law Enforcement Officer which is arbitrary, unreasonable, capricious, or a misinterpretation of the Alfred Village Housing Law may appeal such decision. Such appeal shall be made to the member of the Alfred Village Board designated by the Mayor to hear such appeals. This appeal must be made in writing and filed with the Alfred Village Clerk not more than ten (10) days after the Housing Law Enforcement Officer's denial or termination of a certificate of compliance. The person designated to hear such appeal may meet with the appellant, my examine the premises in question, or may decide the appeal upon the papers submitted by the appellant and the Housing Law Enforcement Officer. The person designated to hear such appeal shall render a written decision of appeal within twenty (20) days.
Section 404.02 Smoke Detectors
Owners or lessors of rental housing or their agents will certify to the Code Enforcement Officer at the inception of tenancy and every six months thereafter that smoke and fire detection devices in the premises are in working order. Certification shall be in writing, signed by the owner, lessor, or agent. It is understood that it is the landlord's responsibility to provide tenants with detectors in good working order when tenants occupy the premises. After the inception of tenancy until the end of the rental term, it is understood that tenants are responsible for replacing batteries when necessary, while landlords have the responsibility to maintain the detector (other than the battery) in good order and repair. Failure by the owner to provide the certificate required by this section or to provide and maintain a working smoke detector or failure by the tenant to maintain batteries in an existing smoke detector, shall be considered a violation of this Local Law and shall subject the offender to any of the penalties provided in Section 500.00 of this Local Law.
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