[HISTORY: Adopted by the Town Board of the
Town of Southeast 3-16-2006 by L.L. No. 5-2006. Amendments noted where
applicable.]
The Town Board of the Town of Southeast has
determined that there exist in the Town of Southeast serious conditions
arising from rental of dwelling units that are substandard or in violation
of the New York State Uniform Fire Prevention and Building Code, Multiple
Residence Law, Town of Southeast Housing Code, Building Rehabilitation
Code, Electrical Code, Fire Prevention Code, Plumbing Code and other
codes and ordinances of the Town, are inadequate in size, overcrowded
and dangerous, that such dwelling units pose hazards to life, limb
and property of residents of the Town and others, tend to promote
and encourage deterioration of the housing stock of the Town, create
blight and excessive vehicle traffic and parking problems, and overburden
municipal services. The Board finds that current code provisions are
inadequate to halt the proliferation of such conditions and that the
public health, safety, welfare and good order and governance of the
Town will be enhanced by enactment of the regulations set forth in
this chapter, which regulations are remedial in nature and effect.
A.
Applicability. This chapter shall apply to all rental
dwelling units located within the Town of Southeast, whether or not
the use and occupancy thereof shall be permitted under the applicable
use regulations for the zoning district in which such rental dwelling
unit is located, as in this chapter provided. Any dwelling unit, rooming
house, rooming unit or any other premises subject to this chapter
shall be presumed to be rented for a fee and a charge made if said
premises are not occupied by the legal owner thereof. This chapter
shall apply to all rental dwelling units located within the Town of
Southeast, whether or not the use and occupancy thereof shall be permitted.
B.
Scope. The provisions of this chapter shall be deemed
to supplement applicable state and local laws, ordinances, codes and
regulations. Nothing in this chapter shall be deemed to abolish, impair,
supersede or replace existing remedies of the Town, county or state
or existing requirements of any other provision of local laws or ordinances
of the Town or county or state laws and regulations. In case of conflict
between any provision of this chapter and any applicable state or
local law, ordinance, code or regulation, the more-restrictive or
-stringent provision or requirement shall prevail. The issuance of
any permit or the filing of any form under this chapter does not make
legal any action or state of facts that is otherwise illegal under
any other applicable legislation.
As used in this chapter, the following terms
shall have the meanings indicated:
The Building Inspector, Assistant Building Inspector, Zoning
Enforcement Officer, Sheriff or Fire Inspector of the Town of Southeast.
A structure or building, or part thereof, or an area, room
or rooms therein, occupied or to be occupied by one or more persons
as a home or residence.
The "immediate family" of the owner of a housing unit consists
of the owner's spouse, children, parents, grandparents or grandchildren.
The owner or any other person having 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 use and occupancy or the right to use and occupancy of a dwelling
unit, whether or not a legal relationship of landlord and tenant exists
between the owner and the occupant or occupants thereof.
A dwelling unit established, occupied, used or maintained
for rental occupancy.
The 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.
It shall be unlawful and a violation of this chapter
and an offense within the meaning of the Penal Law of the State of
New York for any person or entity who owns a dwelling unit in the
Town to use, establish, maintain, operate, let, lease, rent or suffer
or permit the occupancy and use thereof as a rental occupancy by someone
other than the owner or his immediate family without first having
obtained a valid rental occupancy permit therefor. Failure or refusal
to procure a rental occupancy permit hereunder shall be deemed a violation.
B.
Application for a rental occupancy permit for a rental
dwelling unit shall be made in writing to the Building Department
on a form provided therefor. Such application shall be filed and shall
contain:
(1)
The name, address and telephone number, if any, of
the owner of the dwelling unit intended for rental occupancy; the
street address and Tax Map designation (section, block and lot or
lots) of the premises intended for rental occupancy or the premises
in which the rental dwelling units intended for occupancy are located;
a description of the structure, including the number of rental dwelling
units in the structure; the number of persons intended to be accommodated
by, and to reside in, each such rental dwelling unit; and the number
of rooms, and the dimensions and use of each room, in the structure
but outside of the rental dwelling units.
(2)
The names of each person presently residing in or
occupying such premises intended for rental occupancy.
C.
For each rental dwelling unit, a description of the
unit, including the number of rooms in the rental dwelling unit and
the dimensions and use of each such room, shall be included. The name,
address and telephone number, if any, of the managing agent or operator
of each such intended rental dwelling unit shall be included. Such
application shall be accompanied by the following:
(1)
A property survey of the premise, drawn to scale not
greater than 40 feet to one inch, or, if not shown on the survey,
a site plan, drawn to scale, showing all buildings, structures, walks,
drives and other physical features of the premises and the number,
location and access of existing and proposed on-site vehicle parking
facilities.
(2)
A building permit application, properly prepared,
for all proposed buildings, improvements and alterations to existing
buildings on the premises, if any.
(3)
A copy of the certificate of occupancy or certificate
of existing use, if any.
D.
In the case of a condominium unit, the application
shall be accompanied by a scale drawing or floor plan of the condominium
unit in lieu of a survey or site plan.
E.
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.
F.
Notwithstanding the above, no rental occupancy permit shall be required for equestrian center worker housing as contemplated in § 138-63 of the Southeast Town Code.
G.
Notwithstanding the above, no rental occupancy permit
shall be required for a residential care facility established under
New York State guidelines.
A.
A nonrefundable permit application fee shall be paid, upon filing
an application for a rental occupancy permit, in accordance with the
Town of Southeast Fee Schedule in effect at the time of application.
[Amended 6-4-2015 by L.L.
No. 6-2015]
B.
The fee required by this section shall be waived for
any applicant which demonstrates that it is a not-for-profit housing
development corporation organized under the laws of the State of New
York and that it is providing housing for senior citizens or other
designated special populations subject to income guidelines established
by either federal or state regulation.
C.
Where a conditional use permit fee for an accessory apartment has
been paid, the rental registration fee is included and no additional
fee will be charged.
[Added 6-4-2015 by L.L.
No. 6-2015[1]]
D.
Any commercial hotel/motel business operating exclusively
and catering to transient clientele, that is, 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 operation, shall pay a biannual fee of $200 per application.
For the purposes of this chapter, a "short duration" shall be defined
as not more than 21 consecutive days. This section shall not apply
to any commercial motel/hotel whose primary purpose is to provide
permanent residences to its customers. For the purposes of this chapter,
"permanent residence" shall be defined as more than 21 consecutive
days.
E.
Any rental unit that operates during a one-hundred-fifty-day
period in the months of May, June, July, August and September only
shall pay a biannual fee of $10 per unit.
The Code Enforcement Officer shall review each
application for completeness and accuracy and shall make an on-site
inspection of the proposed rental dwelling unit or units. If satisfied
that the proposed rental dwelling unit or units, as well as the premises
in which the same are located, comply fully with all applicable state
and local laws, ordinances, rules and regulations of the county and
Town, and that such rental dwelling unit or units would not create
an unsafe or dangerous condition or create an unsafe and substandard
structure as defined in the Town Code or create a nuisance to adjoining
nearby property, the Code Enforcement Officer shall issue the permit
or permits.
[Amended 6-4-2015 by L.L.
No. 6-2015]
All permits issued pursuant to this chapter
shall be valid for a period of three years from the date of issuance.
It shall be the duty of the Code Enforcement
Officer to maintain a register of permits issued pursuant to this
chapter. Such register shall be kept by Tax Map number, license number,
receipt number, street address, showing the name and address of the
permittee, the number of rental dwelling units at such street address,
the number of rooms in each such rental dwelling unit and the date
of expiration of permit for such unit.
No permit shall be issued until the Code Enforcement
Officer shall inspect the rental dwelling unit to determine that it
is equipped with a functioning smoke detection device, in compliance
with the New York State Uniform Fire Prevention and Building Code.
The Code Enforcement Officer is authorized to
make, or cause to be made, inspections to determine the condition
of rental dwelling units to safeguard the health, safety and welfare
of the public. The Code Enforcement Officer is authorized to enter,
upon consent of the owner if the unit is unoccupied, or upon consent
of the occupant if the unit is occupied, any rental dwelling unit
and the premises in which the same is located, at any reasonable time
during daylight hours, or at such other time as may be necessary in
an emergency, without consent of the owner, agent and/or tenant, for
the purpose of performing his duties under this chapter.
The Code Enforcement Officer of the Town of
Southeast is authorized to make application to any court of competent
jurisdiction for the issuance of a search warrant in order to conduct
an inspection of any premises covered by this chapter where the owner
refuses or fails, after due notice by certified mail, to allow an
inspection of its rental premises and where there is reasonable cause
to believe that a violation of this chapter occurred. The application
for a search warrant shall in all respects comply with the applicable
laws of the State of New York.
A.
The Code Enforcement Officer shall revoke a rental
occupancy permit where he or she finds that the permit holder has
caused, permitted, suffered or allowed to exist and remain upon the
premises for which such permit has been issued for a period of 14
business days or more after written notice has been given to the permit
holder or the managing agent of such rental dwelling unit a violation
of the Multiple Residence Law, New York State Uniform Fire Prevention
and Building Code or a violation of this chapter or other chapter
of the Town Code. Revocation of a permit under this subsection cannot
be done by a devisee or assistant of the Code Enforcement Officer.
B.
An appeal from such revocation may be taken by the
permit holder to the Town Board, by written request, made within 30
days from the date of such revocation. The Town Board shall hold a
public hearing on such appeal within 30 days after receipt of written
notice of such appeal, and after such hearing shall make written findings,
a conclusion and a decision either sustaining such permit revocation
or reinstating such permit within 30 days after the close of such
public hearing. Unless the Town Board directs otherwise in circumstances
constituting serious threats to health and safety, the filing of an
appeal shall stay the effectiveness of a permit revocation until the
Town Board has considered and ruled upon the issue.
It shall be unlawful and a violation of this
chapter and an offense within the meaning of the Penal Law of the
State of New York for any owner to permit any tenant or other person,
excluding immediate family, to take up residence by a rental occupancy
in any dwelling unit without the owner first having completed and
filed with the Code Enforcement Officer a rental registration form
approved by the Code Enforcement Officer. A new form must be filed
whenever a dwelling unit or portion thereof has become vacant and
the owner intends to permit a new tenant or other person to take up
residence. No additional fee will be required if registering a change
in tenancy only, under an existing valid permit.
Under Public Officers Law § 872(b),
rental registration forms, and that portion of the rental occupancy
permit application required, shall be exempt from disclosure under
the Freedom of Information Law on the grounds that such disclosure
would constitute an unwarranted invasion of personal privacy. The
Code Enforcement Officer will institute strict policies to ensure
that such information is available only to Town personnel who are
engaged in the enforcement of the provisions of this chapter.
It shall be unlawful and a violation of this
chapter and an offense within the meaning of the Penal Law of the
State of New York for any broker or agent to list, show or otherwise
offer for lease, rent or sale on behalf of the owner any dwelling
unit for which a current rental occupancy permit has not been issued
by the Code Enforcement Officer. It shall be the broker or agent's
duty to verify the existence of a valid permit before acting on behalf
of the owner. Notwithstanding the above, first-time rentals shall
be granted a fourteen-business-day grace period for submission of
required application paperwork and tenant registration.
Any broker or agent who has earned a commission
or other compensation for renting or leasing a dwelling unit must,
within five business days of earning said commission or other compensation,
file with the Code Enforcement Officer a rental registration form,
unless the owner has already filed such a form in the meantime. Failure
to file shall be unlawful and a violation of this chapter and an offense
within the meaning of the Penal Law of the State of New York.
A.
Any person, association, firm or corporation which
violates any provision of this chapter or assists in the violation
of any provision of this chapter shall be guilty of a violation, punishable:
(1)
By a fine of not less than $250 and not exceeding
$1,000 or by imprisonment for a period not to exceed 15 days, or both,
for conviction of a first offense.
(2)
By a fine of not less than $1,000 nor more than $3,000
or by imprisonment for a period not to exceed 15 days, or both, for
conviction of the second of two offenses, both of which were committed
within a period of five years.
(3)
By a fine of not less than $2,000 nor more than $5,000
or by imprisonment for a period not to exceed 15 days, or both, for
conviction of the third or subsequent offenses of a series of offenses,
all of which were committed within a period of five years.
B.
Each week's continued violation shall constitute a
separate additional violation.
This chapter shall be enforced by the Code Enforcement
Officer as defined by this chapter.
This chapter shall be effective on, or upon
filing with the Secretary of State, whichever is later. No violation
of this chapter will be charged prior to, and no violation of this
chapter regarding failure to obtain a permit will be charged against
a person or entity which:
A.
Has filed the necessary application in proper form
and in good faith, with all required information and attachments,
on or before;
B.
Has consented to an inspection of the premises in
question; and
C.
Has not received a final determination on the application,
for reasons over which the applicant has no control.
