[HISTORY: Adopted by the Board of Trustees of the Village of Amityville as indicated in article histories. Amendments noted where applicable.]
Article I Rental Permits
[Adopted 12-14-2009 by L.L. No. 49-2009]
Editor's Note: This local law provided that it shall take effect on 1-2-2010, subject to acceptance and filing by the Secretary of State.
Nothing in this article shall be deemed to abolish, impair, supersede or replace existing remedies of the Village, county or state or existing requirements of any other provision of local laws or ordinances of the Village or county or state laws and regulations. In the case of a conflict between this article and other regulations, that which sets the more stringent requirement will prevail.
[Amended 1-24-2011 by L.L. No. 1-2011]
It shall be unlawful for the owner of any building, or portion thereof, used for residential purposes to allow, permit or suffer the occupancy thereof as a separate dwelling unit for someone other than the owner without a rental permit pursuant to this chapter. It shall be immaterial whether or not rent or any other consideration is paid to the owner by the occupant of such dwelling unit.
Application for such permit shall be made, in writing, to the Code Enforcement Officer on a form provided therefor and shall contain the name of the applicant, the location of the premises and the number of dwellings and units and persons to be accommodated.
Each application shall be accompanied by a survey or sketch to scale showing the size and location of the premises, all buildings and structures and a floor plan to scale of each dwelling unit and accommodation.
Each application shall be executed by and sworn to by the owner of the premises or such person who operates such premises if other than the owner with a written authorization by the owner.
No permit or renewal thereof shall be issued under any application unless the property shall be in compliance with all the provisions of the Code of the Village of Amityville, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York.
Prior to the issuance of any such permit or renewal thereof, the property owner shall provide a certification from a licensed architect, a licensed professional engineer or the Code Enforcement Officer or his designee based upon a physical inspection of the premises that the property which is the subject of the application is in compliance with all the provisions of the Village Code, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York.
The permit shall be valid for a period of two years from the date of issuance.
Permit fees shall be set by resolution of the Board of Trustees from time to time for the following classes:
A late charge equal to two times the amount of the applicable permit fee, prorated for the period of time constituting the overdue period, shall be paid for the renewal of any expired rental permit required by this article. Said late charge shall be in addition to the basic permit fee.
The submission of an application for a rental permit or the receipt of such permit shall be deemed an authorization by the owner to the Code Enforcement Officer or his designee to make or cause to be made inspections to determine the condition of the premises and to safeguard the health, safety, morals and welfare of the public. Such inspection shall be made at any reasonable time during daylight hours or at such other time as may be necessary in an emergency, without the further consent of the owner.
A first violation of this article shall be punishable by a fine of not less than $250 and not more than $1,000 or imprisonment for a period not to exceed six months, or both. A second violation of this article within five years of a previous conviction of the offense shall be punishable as a misdemeanor and by a fine of not less than $500 and not more than $1,500 or imprisonment for a period not to exceed one year, or both. A third violation of this article within five years of the second conviction of the offense shall be punishable as a misdemeanor and by a fine of not less than $1,000 and not more than $2,000 or imprisonment for a period not to exceed one year, or both.