As a legislative determination, it is deemed necessary to the safety, health and general welfare of the residents of the Village of Sleepy Hollow that certain types of residential establishments within the Village be regulated due to the severe overcrowding, congested conditions and depletion of parking they create. It is the purpose of this chapter to ensure the health, safety, comfort and general welfare of the inhabitants of the community.
[Amended 1-22-2013 by L.L. No. 1-2013]
Notwithstanding any other provisions which may be contained in the Village Code of Sleepy Hollow, as used in this chapter, the following terms shall have the meanings indicated:
BOARDER or ROOMER A person who permanently occupies a room in a dwelling unit for sleeping purposes for which he or she pays compensation to the property owner, lessee, or other tenant occupying the dwelling.
BOARDINGHOUSE or ROOMING HOUSE A building which contains one or more rooming units and in which space is occupied or intended to be occupied by persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner and operator and in which no table board is provided.
No rooming house or boardinghouse which furnishes lodging or rooming accommodations for hire within the same shall exist or be maintained within the Village without a permit, which shall be issued by the Board of Trustees of the Village of Sleepy Hollow, New York, as hereinafter provided.
[Amended 2-27-2001 by L.L. No. 3-2001]
No permit shall be issued hereunder and any permit heretofore or hereafter issued shall be subject to revocation unless the applicant or holder of such permit fully complies with the following requirements:
A. The applicant shall be the individual owner of such premises and shall be of good moral character.
B. The maximum number of roomers or boarders shall be four.
C. There shall be no more than one person occupying a room as a roomer or boarder, and such room shall have a minimum of 100 square feet of floor space. More than one person may occupy a single room if related by blood or marriage, provided that the room shall be of such size as to provide a minimum of 75 square feet of floor area for each person.
D. Rooming
houses and boardinghouses legally operating and duly permitted at the time of the adoption of this chapter, as amended, which may be nonconforming uses under Chapter
450, Zoning, of the Code of the Village of Sleepy Hollow shall be entitled to the issuance of a permit upon compliance with all provisions of this chapter, except Subsections
A,
B and
C of this section under applications made prior to and for the permit year ending December 31, 2001. After said date, no permit shall be issued to any applicant unless such applicant fully complies with all of the provisions of this chapter, including said Subsections
A,
B and
C of this section. Notwithstanding the above, provisions regarding nonconformity shall not apply to any use established or building or structure erected in violation of law, regardless of the time of establishment or erection.
[Amended 1-22-2013 by L.L. No. 1-2013]
E. All permitted rooming houses and boardinghouses shall be subject to inspections at all reasonable hours by properly authorized representatives of the Village of Sleepy Hollow. Failure to comply with this provision shall constitute a ground for immediate revocation of the permit.
An application for a permit shall be in writing upon printed forms furnished by the Village Clerk stating:
A. The name, age and occupation of the applicant.
B. The residence of the applicant.
[Amended 2-27-2001 by L.L. No. 3-2001]
C. The experience of the applicant in such a business.
D. The location by street number where the occupation or business is to be carried on.
[Amended 2-27-2001 by L.L. No. 3-2001]
[Amended 2-27-2001 by L.L. No. 3-2001]
Notwithstanding anything contained herein to the contrary, all rooming houses and boardinghouses located within the Village of Sleepy Hollow shall comply with the installation of a fire sprinkler system meeting the requirements of the standards of the National Fire Protection Association relating to installations in these occupancies on or before December 31, 2001. In order to obtain a temporary permit to operate, current owners shall provide to the Village of Sleepy Hollow a signed contract for the installation of the required fire protection system prior to obtaining said temporary permit.
[Amended 2-27-2001 by L.L. No. 3-2001]
Any person operating such a rooming
house or boardinghouse pursuant to the provisions of this chapter shall keep upon such premises a list showing the names of all persons residing or living in or upon said premises and shall exhibit said list to any authorized representative of the Village of Sleepy Hollow at any reasonable time upon demand, and the failure to so exhibit same shall constitute a violation and be punished in accordance with §
139-8.
[Amended 1-22-2013 by L.L. No. 1-2013]
Any person or persons violating any provisions of this chapter shall be liable to a civil penalty of not less than $250 nor more than $1,000 for each day or part thereof during which such violation continues; which fine shall be increased to not less than $500 nor more than $2,500 for subsequent violations. The civil penalties provided by this section shall be recoverable in an action instituted in the name of this Village. In addition to the fine, the Court may impose a one-year conditional discharge requiring the defendant to permit access to the Department to reinspect the premises from time to time during the period of the conditional discharge.
[Amended 1-22-2013 by L.L. No. 1-2013]
The fee for any permit required by the provisions of this chapter shall be at the levels fixed from time to time by resolution of the Board of Trustees of the Village of Sleepy Hollow or by local law.
Anything contained in any other local law of the Village to the contrary notwithstanding, the provisions of this chapter shall supersede such contrary provisions.
The provisions of the Public Health Law, Building Code and Sanitary Code of the State of New York applicable to boardinghouses and/or rooming houses shall apply to every boardinghouse and rooming house in the Village of Sleepy Hollow.