[HISTORY: Adopted by the Board of Trustees of the Village
of West Hampton Dunes as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-10-1996 by L.L. No. 1-1996; amended in its entirety 3-19-2013 by L.L. No.
2-2013]
Pursuant to § 10 of the Municipal Home Rule Law and
the Village Law of the State of New York, the Village of West Hampton
Dunes, County of Suffolk, and State of New York, hereby enacts as
this Local Law 2 of 2013, of the Incorporated Village of West Hampton
Dunes, a local law amending Local Law 1 of 1996 and Local Law 4 of
2012, regarding seasonal rentals.
The purpose of this article is to amend Local Law 1 of 1996
and Local Law 4 of 2012 and to:
A.
To amend and establish new regulations concerning seasonal rentals
in the Village of West Hampton Dunes.
B.
To promote, in the public interest, regulations regarding seasonal
rentals and enforcement of those regulations.
C.
To provide for the safety and well-being of the property owners and
residents of the Village, the seasonal renters in the Village, and
the guests and visitors to the Village and to maintain good order
and property values in the Village of West Hampton Dunes.
As used in this article, the following terms shall have the
meanings indicated, and the definitions below shall in all cases otherwise
conform with the Building Code of New York State, the Existing Building
Code of New York State, the Fire Code of New York State, the Property
Maintenance Code of the State of New York, the Residential Code of
the State of New York, and any other relevant code of the State of
New York
The administrator of this article who shall be appointed
by the Mayor and approved by the Board of Trustees, or in lieu thereof,
the Village Building Inspector.
A room designed as a bedroom for sleeping purposes. Rooms
having other purposes, such as dens, living rooms, or hallways, shall
not be considered as conventional bedrooms.
A building used for residential purposes and arranged, intended or required by Chapter 560, Zoning, of the Code of the Village of West Hampton Dunes to have one dwelling unit and to be used for the occupancy of not more than one family, as defined in that chapter.
Use and occupancy of a one-family dwelling for residential
purposes under an oral or written lease or agreement for a term of
less than one year, for which compensation is paid directly or indirectly,
where the term of the written lease or agreement includes a portion
of the summer season.
A permit issued by the Zoning Administrator or other person
authorized by this article upon the filing and approval of a proper
seasonal rental permit application. A seasonal rental permit shall
only be effective for the duration or term of the lease or rental
agreement that is annexed to the seasonal rental permit application.
A new seasonal rental permit application (and seasonal rental permit)
must be obtained for each lease or rental agreement that includes
any portion of the summer season.
The tenancy created by a seasonal rental agreement.
The period beginning May 1 and ending November 1 of each
year.
A.
Where a one-family dwelling is utilized as a seasonal rental:
(1)
The parking of motor vehicles on the premises between the hours of
1:00 a.m. and 6:00 a.m. shall be prima facie evidence that the one-family
dwelling was used and occupied during that time by at least one person
for each vehicle so parked, either the owner of each vehicle so parked
or with respect to each motor vehicle so parked, or by a person related
by blood, marriage or legal adoption to an owner of such motor vehicle.
B.
Where an owner of a premises or a tenant who has the right to occupy
or use a dwelling or premises under a written agreement for a term
of one year or more grants the right to use or occupy all or part
of a one-family dwelling for residential purposes to any person for
a term that is for a period that is less one year and which includes
any part of the summer season for which compensation is paid directly
or indirectly, such use or occupancy of such dwelling under such agreement
constitutes a seasonal rental within the meaning of this article,
and such use or occupancy of such dwelling under such grant is prohibited
unless a seasonal rental application has been filed with the Village
Clerk of the Village of West Hampton Dunes in accordance with the
provisions of this article.
It shall be the duty of every owner to inform himself of the
nature of the use and occupancy for which the premises will be used
under any agreement for the use or occupancy of that premises and
the duty of every owner to inform prospective tenants of the provisions
of this article, including but not limited to:
A.
The premises can only be occupied by a tenant and his/her family
or one other unrelated person and his/her family for residential purposes
only.
B.
No more than two persons can occupy any one bedroom.
C.
No seasonal tenancy shall be valid unless a written lease agreement
is executed by the tenant and owner.
D.
No tenant can use the premises or any portion of the premises for
commercial or any nonresidential use.
E.
No seasonal tenancy shall be valid unless a seasonal rental permit
application (enclosing a copy of the fully executed and effective
lease agreement) is submitted to the Village of West Hampton Dunes
and approved.
F.
A seasonal rental permit, when issued, will only be valid for the
term of the respective seasonal rental agreement.
G.
No more than five seasonal rental permits may be issued for a premises
for the same summer season.
H.
A tenant under a seasonal rental agreement is prohibited from subleasing
or otherwise licensing the use or occupancy of the premises or any
portion thereof.
I.
Tenant shall ensure that at no time shall ingress to and egress from
a driveway for a single-family dwelling be impeded.
J.
Only one tent permit is permitted per property by a seasonal rental
licensee per summer season.
K.
The advertising, selling, assigning or subleasing of shares by a
tenant or occupant for the use or occupancy for all or a portion of
the term of a rental agreement or for all or a portion of the leased
premises is prohibited.
L.
Portable lavatories, to the extent that they may otherwise legally
exist, may only be placed in the side yard of the premises.
A.
Every owner shall enter a written agreement or lease with the tenants
of a seasonal rental agreement which shall state the terms of that
agreement, the names of the tenants that are included under that agreement
and the names of the occupants of the premises.
B.
Each seasonal rental agreement shall state that the agreement and
the tenancy thereunder may not be sublet or assigned and no shares
or units of occupancy may be sold or transferred and that any sublet
or assignment of the rental or seasonal rental agreement or sale or
assignment of units of occupancy shall be a violation of this article
and render the seasonal rental agreement as void.
C.
A copy of the rental or seasonal agreement must be maintained at
the premises attached to each and every seasonal permit application.
Owner shall submit a new seasonal permit application for each new
tenancy and each new term granted.
A.
It is the responsibility of the owner to ensure proper and legal
occupation of the premises and compliance with this article.
B.
The owner and the tenant are both responsible for the compliance
of the premises and its use with the state and local laws, and violations
of this article and any other applicable laws may be issued against
either or both the owner and the tenant or the owner or the tenant,
at the discretion of the Village of West Hampton Dunes, and the owner
and the tenant shall be responsible for compliance with this article.
C.
The tenants of a premises and their guests at all times shall not
park any motor vehicle in a manner so as to block or prevent access
to common driveways or access or egress to easements or right-of-ways.
A one-family dwelling shall not be used or occupied as a seasonal
rental unless the owner thereof shall first obtain and maintain in
effect, at all times during the term thereof, a seasonal rental permit
from the Village of West Hampton Dunes.
A written application for a seasonal rental permit shall be
filed with the Village Clerk of the Village of West Hampton Dunes
prior to commencement of the term of the seasonal rental. The application
shall be signed and verified by all owners of the premises and the
prospective tenants. The application shall contain the following information:
A.
The names and permanent residence addresses of all owners of the
premises.
B.
The location of the premises, including the Suffolk County Tax Map
number of the premises.
C.
The names and permanent residence addresses of all tenants and all
persons that are reasonably expected to occupy the premises.
D.
The number of conventional bedrooms in the dwelling and the size
of each conventional bedroom, if requested, together with a floor
plan if requested by the administrator.
E.
A refuse disposal contract covering disposal of refuse from the premises
for the term of the seasonal rental.
F.
Such other reasonable information as to the nature of the dwelling
and the proposed use and occupancy thereof as the administrator may
deem necessary to facilitate enforcement of this article.
G.
A copy of the certificate of occupancy for the dwelling involved
in the application.
H.
A copy of the written lease agreement for the rental.
The filing fee for filing the initial summer rental permit application
for a property for a summer season shall be $150. The filing fee for
each subsequent summer rental permit application for a property shall
be $25. The filing fee must be paid with the filing of the application.
A seasonal rental permit shall be issued, denied or approved
by the administrator within seven business days from the date of the
submission of the seasonal rental permit application to the Village
of West Hampton Dunes.
Seasonal rental permits may be issued on or after January 1
of each year and shall have a term that expires not later than December
31 of each year.
The issuance of a seasonal rental permit shall create no presumption
that the seasonal rental complies with the provisions of this article.
A seasonal rental permit shall not be transferred or assigned
to any person or used by any person other than the permitee to whom
it was issued.
Issuance of a seasonal rental permit shall not authorize any
seasonal rental other than the seasonal rental stated in the application.
A.
A one-family dwelling utilized as a seasonal rental shall not be
used or occupied by any person who is not listed as a tenant or occupant
in the lease other than invitees and guests for lawful purposes.
B.
In the event that a person who is not so listed is expected to use
or occupy the dwelling, a written, signed and verified supplement
to the seasonal rental agreement or lease shall be obtained by the
owner. Such supplement shall contain the name and permanent residence
address of such person together with such other reasonable information
as the administrator may deem necessary to facilitate enforcement
of this article. A copy of the supplement shall be maintained at the
premises and provided to the Village on request.
[Added 11-16-2018 by L.L.
No. 2-2018]
Each rental permit issued shall receive a separate and unique
rental permit registration number which shall be issued at the same
time as the issuance of the rental permit. The rental permit number
shall be unique for each property and shall be displayed on all social
media and other advertising for the rental unit.
A.
A one-family dwelling utilized as a seasonal rental shall not be
assigned or subleased or otherwise used by the tenant on a transient
basis. A "transient basis" shall be defined for the purpose of this
article as any occupancy for a period of less than 14 days in duration.
[Amended 4-15-2016 by L.L. No. 1-2016]
B.
It is prohibited to grant a tenant or person the right to assign
or sublet a dwelling on a transient basis, and the assignment or sublease
of a dwelling to be used on a transient basis is prohibited by this
article.
C.
The selling of shares to any person, by which such person obtains
the right to use or occupy the dwelling on a transient basis is prohibited.
D.
If a one-family dwelling is utilized as a seasonal rental:
(1)
The entire dwelling must be used and occupied for such purpose. Use
and occupancy of a portion of a one-family dwelling as a seasonal
rental is prohibited.
(2)
The number of motor vehicles parked on the premises between the hours
of 1:00 a.m. and 6:00 a.m. shall not exceed the following: one vehicle
for each conventional bedroom, plus one additional vehicle.
(3)
The parcel on which such dwelling is located shall not be sublet
or assigned or used for any purpose other than residential purposes.
(4)
The assigning, selling, subletting, or granting of a right to use
the parcel for any purpose to any person who is not listed as a tenant
in the lease is prohibited.
(5)
The selling or granting to any such person of a right to use the
parcel for access to the ocean or bay beach only shall be prohibited.
(6)
The premises, including such dwelling and the parcel on which such
dwelling is located, shall not be used or occupied in a manner which
creates a public nuisance.
(7)
Any conduct on the premises which is unreasonable under the circumstances
and which disturbs the health, safety, peace or comfort of the neighborhood
shall be deemed to create a public nuisance and shall be prohibited.
(8)
The congregation of more than 50 persons on the premises during a
seasonal rental may be deemed to constitute conduct which is unreasonable
under the circumstances, where the circumstances conflict with a stable,
uncongested single-family environment. Without limiting the foregoing
provision, the frequent congregation of a large number of persons
on the premises may also be deemed to constitute conduct which is
unreasonable under the circumstances.
(9)
The parking at any one time during a seasonal rental of a number
of motor vehicles on the premises (which includes motorcycles, vans,
cars, and trucks) which exceeds twice the number of conventional bedrooms
during the hours of 6:00 a.m. until 1:00 a.m., or a number of motor
vehicles which exceeds the total of one motor vehicle per conventional
bedroom plus one motor vehicle for the house during the hours of 1:00
a.m. until 6:00 a.m., shall be deemed to constitute conduct which
is unreasonable under the circumstances, where the circumstances conflict
with a stable, uncongested single-family environment. The frequent
parking of a large number of motor vehicles on the premises may also
be deemed to constitute conduct which is unreasonable under the circumstances.
The administrator may deny a seasonal rental permit, among other
reasons, on any of the following grounds:
A.
That the application does not comply with the provisions of this
article or does not have a copy of the executed seasonal rental agreement
attached.
B.
That the application has falsified or failed to provide information
of substantial and material import in the application for a permit.
C.
If the applicant was issued a seasonal rental permit which was in
effect during any part of the calendar year immediately preceding
the date of the application, and the applicant either falsified or
failed to provide information of substantial and material import in
the application upon which such permit was issued or in any required
supplement thereto.
D.
That the applicant violated any provision of this article during
the calendar year immediately preceding the date of the application
or during the calendar year in which the application was made.
E.
That the applicant has had a seasonal permit revoked for cause during
the calendar year immediately preceding the date of the application
or during the calendar year in which the application is made.
F.
That a one-family dwelling owned by the applicant during the calendar
year immediately preceding the date of the application is made was
used or occupied in violation of this article during such period of
the applicant's ownership.
G.
That any tenant listed in the application violated any provision
of this article during the calendar year immediately preceding the
date of the application or during the calendar year in which the application
is made.
H.
That any tenant listed in the application violated any of the following
provisions of the Village Code or New York State or local law during
the calendar year immediately preceding the date of the application
or during the calendar year in which the application is made.
I.
That a violation of the West Hampton Dunes Village Code or any other
applicable code occurred during a period in which a seasonal rental
permit was in effect for the premises during any part of the calendar
year immediately preceding the date of the application.
J.
That a valid certificate of occupancy has not been issued for the
dwelling involved in the application.
K.
That the dwelling involved in the application does not have an operable
single-station smoke detecting alarm device and a carbon monoxide
detector device or devices installed in accordance with state standards.
L.
That the dwelling involved in the application does not comply with
applicable requirements of the Suffolk County Housing Hygiene and
Occupancy Code.
A.
If the administrator denies an application for a seasonal rental
permit, he shall notify the applicant in writing. Such notice shall
include or be accompanied by a statement reciting the ground or grounds
for denial.
B.
An applicant may appeal from such denial by filing a written request
for an appeal hearing before the Village Board of Trustees. Such request
shall be filed with the Village Clerk. The Village Clerk shall give
the appealing party at least five days' written notice of the time
and place of the appeal hearing.
C.
At the appeal hearing, the Village Board of Trustees shall give the
appealing party an opportunity to be heard. In all cases, the burden
of proof to show that the determination of the administrator was arbitrary,
capricious or in excess of his authority shall be upon the appealing
party. The decision of the Village Board of Trustees on such appeal
shall be final and conclusive.
A.
The Village Board of Trustees, after a hearing at which the permitee
shall be given an opportunity to be heard, may revoke a seasonal rental
permit on any of the grounds for denial of a permit set forth in this
article.
B.
The Village Clerk shall give the permittee at least five days' written
notice of the time and place of any such hearing. Such notice shall
include or be accompanied by a statement reciting the ground or grounds
for revocation to be considered at such hearing.
A.
In determining any appeal from a denial of a seasonal rental permit
pursuant to this article and in determining whether to revoke a seasonal
rental permit hereunder, the Village Board of Trustees may consider,
in addition to the grounds of denial of a permit, whether the owner
performed his duties and has met the requirements for owners under
this article.
This article shall be enforced by the Police Constables of the
Police Constabulary of the Village of West Hampton Dunes.
A.
A first violation of this article by any individual or entity shall
be punishable by a fine not to exceed $2,500.
B.
A second violation of this article by any individual or entity shall
be punishable by a fine not to exceed $3,500.
C.
A third violation of this article by any individual or entity and
every violation thereafter shall be punishable by a fine not to exceed
$5,000.
D.
Each and every day that a violation of this article by any individual
or entity exists shall constitute a separate and new violation of
this article.
E.
The owner, the tenant, and the illegal sublessee or assignee, or
other user or occupant of the premises under a transaction that is
prohibited by this article or in the case of a violation of this article
shall each and all be in violation of this article and subject individually
to the fines and penalties hereunder.
F.
The election by the Village of West Hampton Dunes to issue a violation
or to prosecute a violation of this article in the West Hampton Dunes
Village Court shall not be exclusive and shall not preclude the Village
of West Hampton Dunes from pursuing a civil remedy in a particular
case.
G.
The Village of West Hampton Dunes may, at the election of the Board
of Trustees, commence a civil proceeding, including but not limited
to an application for injunctive or other relief to enjoin, stop or
prevent a violation of this article. In the event that the Village
of West Hampton Dunes should elect or should be required to commence
a civil proceeding against an owner, tenant, sublessor, sublessee,
assignor, assignee, or occupant or user of a premises, or a premises
under this article, such election shall not be an exclusive remedy,
and the Village of West Hampton Dunes may continue to pursue other
enforcement actions and remedies, and the owner and tenant as defendants
or other defendants shall be liable to the Village of West Hampton
Dunes for all legal and other costs incurred, which shall be recoverable
by the Village of West Hampton Dunes as a money judgment in that proceeding
or in another proceeding commenced by the Village of West Hampton
Dunes for that purpose.
[Adopted 5-14-2010 by L.L. No. 1-2010]
This article shall be entitled "Local Law No. 1 of 2010 of the
Incorporated Village of West Hampton Dunes, A Local Law Adopting Regulations
Regarding Rental Disturbances."
Pursuant to § 10 of the Municipal Home Rule Law and
the Village Law of the State of New York, the Incorporated Village
of West Hampton Dunes, County of Suffolk, and State of New York, hereby
enacts by this article a local law of the Village of West Hampton
Dunes.
The Board of Trustees of the Village of West Hampton Dunes determines
and finds that a significant nuisance is created by the owners of
a property when they rent the property and the property and its renters
become the subject of more than two violations issued within one calendar
year.
The purpose and intent of this article is to protect the aesthetic
qualities and quality of life in the Village of West Hampton Dunes
by regulating nuisances created by activities of properties that are
rented in the Village of West Hampton Dunes, to the extent that they
violate the local laws of the West Hampton Dunes Village Code, and
to make continuous violations of the local laws of the Village of
West Hampton Dunes by renters a violation by the owner of the property.
It shall be a violation of this article for a property owner to permit a nuisance to exist on that owner's property. A nuisance for purposes of this article shall be deemed to be the issuance of more than two violations of the local laws of the Village of West Hampton Dunes regarding the use of a premises (Chapter 140, Article I, Control of Dogs and Other Animals; Chapter 320, Generators; Chapter 360, Noise; Chapter 440, Property Maintenance; Chapter 480, Solid Waste; and Chapter 520, Vehicles and Traffic) to be issued to a particular premises within one calendar year.
Each violation after the second violation issued for a violation of one of the local laws listed in § 440-28 above or similar local law regarding the use of a property within the same calendar year shall be a separate violation of this article by the owner for which a violation shall be issued to the owner or owners of the property.
A.
There shall be a fine or penalty of not more than $250 for the first
violation, $500 for the second violation and $1,000 for each violation
thereafter.
B.
The Village of West Hampton Dunes shall have all rights under the
law with respect to a violation hereunder, and the election of a particular
remedy shall not be exclusive and/or preclude the subsequent request
or pursuit of a different or additional remedy, whether civil or criminal.
Each and every violation of this article, and each day that a violation
shall exist, shall be a separate violation of this article.
