[Added 5-6-2021 by L.L. No. 5-2021]
The Village Board has determined that there exists in the Village
of Lawrence serious conditions arising from non-owner-occupied dwelling
units that are in violation of the Village Code and the New York State
Uniform Fire Prevention and Building Code, are inadequate in size,
overcrowded and dangerous, tend to create parking problems, in violation
of peace and good order, and have negative effects on neighboring
property values. The Village Board finds that that the public safety,
health, and well-being of persons and property will be enhanced by
enactment of the regulations set forth in this article.
As used in this article, the following terms shall have the
meanings indicated:
A structure or building or part thereof, which provides lawful
living arrangements for one or more persons.
Any person or entity, who has the right to possession of
a dwelling unit.
A return in money, property, or other valuable consideration
(including payment in kind or for services or other thing of value)
for the use and occupancy or the right to the use and occupancy of
a dwelling unit.
Occupancy or use of a dwelling unit by one or more persons
as a home or residence under an arrangement whereby the occupant or
occupants thereof pay rent for such occupancy and use.
A dwelling unit occupied by persons other than the owner or
a family member of the owner, and for which rent is received by the
owner, directly or indirectly, in exchange for such rental occupation
for a period of less than 60 consecutive nights. For the purposes
of this article, the term "transient rental property" shall mean all
non-owner-occupied dwelling units rented for a period of less than
60 consecutive nights, and shall not include any legally operating
hotel/motel business operating exclusively for the purpose of, and
catering to customers who customarily reside at these establishments
for short durations for the purpose of vacationing, travel, business,
recreational activities, conventions, emergencies, and other activities
that are customary to a commercial hotel/motel business.
Presumption that a dwelling unit is a transient rental property.
It shall be unlawful for any owner to engage in rental occupancy,
without the owner first obtaining a rental permit. No rental permit
shall be issued to a transient rental property.
To obtain a permit in accordance with this article, an owner
must complete an application on forms prescribed by the Village Clerk-Treasurer.
Such application shall include:
A.
The owner(s) name, address, and telephone number.
B.
The street address and Nassau Country Tax Map designation of the
dwelling unit intended to be rented.
C.
Number of dwelling units, and the measurements for each dwelling
unit intended to be rented.
D.
A deed or other proof of ownership to the dwelling unit.
E.
A copy of all certificates of occupancy.
F.
Each application shall be executed by and sworn to under oath by
the owner.
Each applicant for a permit shall pay a nonrefundable filing
fee with the application. A permit fee shall be paid upon issuance
of the permit. The application filing fee and permit fee shall be
determined by resolution of the Board of Trustees. The provisions
of this section shall not apply to owners who engaged in rental occupancy
before the effectiveness of this article.
No permit pursuant to this article shall be transferred or loaned
to, from or by one person to another or transferred from one dwelling
unit to another.
A.
All permits issued pursuant to this article shall expire on the last
day of December in the year of issuance. Permits may be renewed upon
application made before March 1 of the following year, and payment
of a renewal annual fee as determined by resolution of the Board of
Trustees.
B.
If an owner fails to make proper timely application for renewal, the owner shall be required to reapply and pay any application and permit fee pursuant to § 212-108.
C.
Prior to issuance of a permit renewal, the owner must arrange for
the Building Inspector to inspect the dwelling unit(s) intended to
be rented, to ensure that it complies with health and safety rules
and regulations.
Each dwelling unit shall be equipped in compliance with the
New York State Uniform Fire Prevention and Building Code.
The Building Inspector is authorized to make or cause inspections
to determine the condition of the dwelling units. The Building Inspector
is authorized to enter, upon consent of the owner of the dwelling
unit. The Building Inspector may enter the dwelling unit without consent,
in the event there is an emergency, for purposes of performing duties
under this article.
The Building Inspector is authorized to make an application
to any court of competent jurisdiction for the issuance of a search
warrant in order to conduct an inspection of any dwelling unit covered
by this article where the owner refuses or fails to allow an inspection
of its dwelling unit and where there is a reasonable cause to believe
that a violation of this article has occurred. The application for
a search warrant shall in all respects comply with the applicable
laws of the State of New York.
In addition to the penalties otherwise provided by law, the
Board of Trustees may revoke or suspend any permit issued pursuant
to this article after notice to the owner and a reasonable opportunity
for the owner to be heard. The Board of Trustees may take such action
if, in its discretion, such action is warranted due to the owner's
deliberate or willful disregard of the standards imposed by this article
or by any other village, county, state or federal law, fraud, misrepresentation
or false statement contained in the application for permit or in the
course of carrying on the permitted business, or due to two or more
violations of this article or any other law occurring within a period
of 60 days.
Any person committing an offense against any provision of this
article shall, upon conviction thereof, be guilty of a violation and
shall be punished by:
A.
A fine not less than $500 nor more than $1,000, or by imprisonment
for a term not exceeding 15 days;
B.
For conviction of a second offense, both of which were committed
within a period of five years, a fine not less than $1,000 nor more
than $2,0000, or imprisonment for a term not exceeding 15 days, or
both;
C.
Upon conviction for a third or subsequent offense, all of which were
committed within a period of five years, punishable by a fine not
less than $2,000 nor more than $4,000 for a term not exceeding 15
days, or both.
D.
Each week on which any violation of this article occurs shall constitute
a separate and distinct offense hereunder.
