§ 209-4. Registration statement., Article I. Identification of Owners, Agents and Superintendents, Chapter 209. Multiple Dwellings, Part II. General Legislation, Code of Ordinances, New Rochelle

Every owner of a multiple dwelling as above defined shall file with the Building Official a written registration statement on forms to be supplied by the Building Official, containing the following information:

[Amended 4-17-2007 by Ord. No. 80-2007]

(1)

A description of the premises, by street number or block and lot number.

(2)

The name and residence and business address of such owner, together with his residence and business telephone number or, if such owner is a corporation, the name and address of such corporation and the name and residence and business address of all officers thereof, together with the residence and business telephone numbers of the corporation and all officers.

(3)

Designation of managing agent.

(a)

The name, residence, business address and residence and business telephone numbers of a natural person, 21 years of age or over, who is customarily present at an office in the City of New Rochelle for the purpose of transacting business, or who actually resides within the City, and who shall be designated by such owner as a managing agent in control of and responsible for the maintenance and operation of such dwelling, and who shall be designated as the person upon whom process may be served on behalf of the owner. There shall be endorsed upon such statement a written consent to such designation signed by such managing agent. An owner who is a natural person and who meets the requirements of this subsection as to the location of the residence or place of transacting business of a managing agent may designate himself as such managing agent.

(b)

Nothing contained in this section shall be construed as preventing a corporation which is an owner of a multiple dwelling from designating as its managing agent with respect thereto any officer of such corporation who meets the requirements of this subsection as to the location of the residence or place of transacting business of a managing agent.

(c)

Any designation as managing agent made pursuant to the provisions of this section shall remain in full force and effect until changed or terminated as hereinafter provided.

(d)

The designation of a managing agent shall not relieve any such owner of any responsibility or obligation as to compliance with the provisions of this section and the Multiple Residence Law of the State of New York.

(4)

Where, after filing of any registration statement in relation to any multiple dwelling under the applicable provisions of this section, the owner of such dwelling shall have granted or transferred his or her right, title or interest therein or in any part thereof, such owner shall file with the Building Official within five days after such grant or transfer a written statement which shall contain the name and residence and business addresses of the grantee, transferee or other successor of such right, title or interest, or if such grantee, transferee or successor is a corporation, the name and address of such corporation.

(5)

Where, after the filing of any registration statement with the Building Official pursuant to the applicable provisions of this section, any change other than a designation of a different managing agent or a change of ownership or interest occurs in any name, residence or business address of list of officers required to be included in such statement, the owner, within five days after such change, shall file in duplicate on forms to be furnished by the Building Official a statement setting forth the particulars of such change so as to supply the information necessary to make currently correct the last registration statement filed pursuant to the applicable provisions of this section.

(6)

Any designation of a managing agent made pursuant to the applicable provisions of this section shall cease to be effective if such agent shall die or be judicially declared incompetent.

(7)

Termination of managing agent.

(a)

Any such designation may be terminated by either of the following methods:

[1]

Any such agent may terminate his or her status as such by serving upon the owner of the multiple dwelling involved by registered mail or by delivery in person and by filing with the Building Official, with proof of service by affidavit, a written notice of such termination signed by such agent, which shall state the date upon which it shall become effective, and the name and address of such owner and the address of such mailing. Such notice may be served by delivery of a copy to the owner personally or, if the owner is a corporation, by delivery of a copy to any officer thereof personally or by delivery of a copy to any person of suitable age and discretion at the residence or business address of the owner set forth in the currently effective registration statement filed with the Building Official or by transmitting a copy of such notice by registered mail to the owner at the residence or business address of such owner as set forth in such statement. Such notice shall not be valid or effective unless served on the owner at least five days before its effective date if served personally or by delivery to a person of suitable age and discretion, or at least eight days before such date if served by registered mail, and unless filed with the Building Official with proof of service by affidavit at least five days before such date.

[2]

An owner may terminate such designation by filing with the Building Official a written designation of a new managing agent made in conformity with the provisions hereinabove cited.

(b)

If any owner shall fail, on or before the effective date of any notice of termination served and filed by a managing agent, or written 15 days after any such agent shall die or be judicially declared incompetent, to file with the Building Official a designation of a new managing agent made in conformity with the provisions herein, such owner shall be guilty of a violation of this section.