Cohoes, N.Y., Code of Ordinances ch. 215 § 215-6

A. Except as otherwise provided herein, it shall be unlawful and a violation of this chapter to rent, lease, or otherwise allow the occupancy of any residential rental dwelling unit without the inspection and certification as required herein. It shall be the duty of the Code Enforcement Department or its duly appointed agents to inspect a rental dwelling unit, apartment, or tenement whenever the same becomes vacant and prior to its being reoccupied, upon the written request of the owner or managing agent, for the purposes of determining whether or not the dwelling unit complies with the provisions of this chapter. B. If, upon inspection, said premises do not comply with all applicable provisions of this code or the Uniform Code, the specific reasons for noncompliance shall be specified in writing, and a time limit not to exceed 30 days shall be directed for the correction of, or substantial effort to correct, the deficiencies noted. The notice of noncompliance shall be delivered personally or by mail within seven days to the owner, agent or person in charge at the address set forth in the rental dwelling unit registry and to any occupant who so requests. Occupants or proposed occupants of dwellings shall have the right to inspect the residential occupancy permit of the residential rental dwelling unit, apartment, or multiple residence in which they have an interest at no cost. C. On or after January 1, 2002, the Code Enforcement Department shall have the right to inspect all or any part of the rental dwelling, including any unit or apartment, or entire multiple residence, as required herein or upon complaint, except that the owner, agent, or person in charge thereof shall have the right to insist upon the procurement of a search warrant from a court of competent jurisdiction by the Director of the Department, or his or her designee, in order to enable such inspection. The officials charged with conducting the inspection pursuant to this article shall be required to obtain a search warrant whenever an owner, agent, or person in charge refuses to permit a warrantless inspection of the premises. D. The officials charged with conducting the inspection shall make such inspection, access and circumstances permitting, within five business days of receipt of a request from the owner, agent, or occupant. E. An owner or agent may file with the Department a request for such inspection and the issuance of a residential occupancy permit by regular mail or in person at the office of the Director of the Department. F. Nothing in this article shall be construed to limit the right of the Code Enforcement Department to inspect any property at any time. If, after issuing a residential occupancy permit, the Department receives a complaint alleging a violation of this chapter or other chapter of the City Code, other than a violation that creates an imminent hazard to the public health or to the physical or mental health of the occupants of the rental property, the Department shall make a good faith effort to notify the owner or agent of the complaint, by either telephone or regular mail, before conducting an inspection under this chapter, and shall provide to the owner or agent one working day from the date the owner or agent receives the notice to explain what steps the owner or agent is taking to correct the violation. The Department may take steps necessary, by inspection or other means, to assure that the violation is corrected. G. No residential occupancy permit shall be issued and no inspecting under this article shall be conducted, unless and until the applicable fee(s) required under this chapter is paid in full to the Department and the property owner or agent submits the names and birth dates of all tenants, not to exceed the maximum occupancy as determined by the Code Enforcement Officer. H. Upon request or complaint and payment of applicable fees if any, an inspection shall be conducted, but no residential occupancy permit shall be issued under this article unless the rental dwelling unit is an authorized use pursuant to Chapter 285 , Zoning, and until all other applicable provisions and requirements of the Code of the City of Cohoes are complied with and met, including but not limited to: (1) Chapter 107 , Articles I through VI , which: (a) Limits the number of pets to three per residential unit (§ 107-3.1 ); (b) Requires licensing and vaccination of all dogs (§§ 107-3 and 107-29 ); (c) Prohibits uncontrolled animals (§ 107-1 ); and (d) Mandates removal of pet waste both on public and private property (§ 107-24A and B) . (2) The landlord must submit proof of licensure and vaccination records for all pets prior to issuance of the residential occupancy permit (ROP). (3) Failure to submit proof of pet license(s) issued by the City of Cohoes Clerk and vaccination records shall preclude issuance of the ROP. I. Upon request and payment of applicable fees, if any, an inspection shall be conducted, but no residential occupancy permit shall be issued under this article unless the property is: (1) Current and paid to date on its water and sewer rents; and (2) Current on all City, county and school taxes. J. Notwithstanding the provisions of § 215-6I , the Director of Code Enforcement may issue a temporary residential occupancy permit if all City, county and school taxes are not current if the applicant pays a fee equal to 15% of the outstanding City, county, and school taxes due, including late fees and penalties, on the property. K. Any temporary residency occupancy permit issued pursuant to § 215-6J shall be revoked by the Director of Code Enforcement under the following circumstances: (1) The applicant fails to make timely payment of any City, county or school taxes due subsequent to the issuance of the temporary residential occupancy permit; or (2) The applicant fails to pay all past-due City, county, and school taxes within 12 months of issuance of the temporary residential occupancy permit. L. Owners of multifamily structures or apartment complexes which employ a full-time, on-site property manager and consist of 20 or more rental dwelling units or apartments that were originally built or reconstructed no more than 15 years prior to an application for a residential occupancy permit may, but shall not be required to, apply for residential occupancy permits as follows: (1) Every year, the owner may submit: (a) A completed checklist to be provided by the Director of Code Enforcement; (b) Photographs of key elements of the individual rental dwelling units or apartments and common spaces within the structure or complex as determined by the Director of Code Enforcement; and (c) A fire inspection report conducted by a qualified third-party certifying adequacy of all fire suppression and detection systems. (2) Qualifying multifamily structures or apartment complexes are subject to random inspections to be arranged at least 48 hours but not more than 72 hours in advance in order to verify the representations made in the checklist, photographs, and certified reports required under this section; (3) The annual fee for residential occupancy permits issued in this manner shall be equal to the fee charged for 1/3 of the total number of apartments in such complex; and (4) The property owner shall provide to the Director of Code Enforcement a list of tenants occupying the complex during the month of November of each year and shall provide an updated list within 30 days of any change in tenancy. M. The Director of Code Enforcement shall have the right to revoke any residential occupancy permit issued under this procedure applicable to qualifying multifamily structures or apartment complexes as outlined in § 215-6L for overoccupancy or failure to comply with the aforementioned requirements. Further, the Director of Code Enforcement shall require that said qualifying multifamily structures or apartment complexes that fail to meet the standards and fulfill the obligations outlined in § 215-6L be subject to standard residential occupancy permit inspection and issuance practice, policy, and procedures. N. In lieu of complying with the requirements of this chapter, Cohoes Housing Authority shall annually provide to the City 1) a fire inspection report conducted by a qualified third-party certifying adequacy of all fire suppression and detection systems, 2) copies of the most recent annual third-party inspection report prepared as required by the United States Department of Housing and Urban Development and/or New York State Homes and Community Renewal for each apartment, and 3) a fee, payable in October of each year, equal to $25.00 multiplied by one-third (1/3) of the total number of apartments owned, managed and/or operated by Cohoes Housing Authority.