[HISTORY: Adopted by the City Council of
the City of Batavia 1-26-1981 as Ch. 28 of the 1981 Code; amended
in its entirety 7-13-2015 by L.L.
No. 3-2015. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "City of
Batavia Rooming House Ordinance."
In recognition of the saturation of rooming houses in the City,
it is the intent of this chapter to permit existing owners of dwellings
to maintain sanitary, safe and attractive rooming houses for persons,
in order to promote the public health, welfare and safety of the community.
It is also the intent of this chapter to prevent new rooming houses
from being established after the enactment of this amendment.
As used in this chapter, unless the context or subject matter
otherwise requires, the following definitions shall apply:
Any person renting or hiring habitation space in a dwelling
unit hereinbefore defined who is not within the second degree of kindred
and who does not occupy such space as an incident of employment therein.
A dwelling unit used wholly for habitation, where rooms for
more than two and up to 10 people who would not be classified as a
family unit, as described in the City of Batavia zoning regulations,[1] are offered for hire, with or without meals, with or without
kitchen facilities.
A.
In order to protect the public health, welfare and safety of the
community, no person shall operate a rooming house within the City
of Batavia without obtaining a permit issued by the Code Enforcement
Officer upon the approval of the Planning and Development Committee.
Such permit may be issued, provided that the procedures and standards
of this chapter have been complied with.
B.
This chapter shall apply to existing buildings and dwelling houses that have already received a permit to operate a rooming house prior to July 1, 2015. No new permits shall be issued by the Planning and Development Committee following July 1, 2015, other than renewal permits as outlined in § 143-5 of this chapter.
C.
All provisions of the City of Batavia Municipal Code shall apply
to the provisions of this chapter, except where exemptions are specifically
authorized by this chapter.
The renewal of a permit to operate a rooming house shall be
granted upon the approval of the Code Enforcement Officer subject
to specific terms and conditions as herein provided. If any of these
conditions are violated, the permit is subject to revocation or not
being renewed.
A.
General provisions. The following general provisions shall apply:
(1)
All rooming house permits shall be renewed each and every year prior
to January 1, and such permit shall be valid for the ensuing calendar
year only.
(2)
The annual fee for renewing a rooming house permit shall be as set
from time to time by resolution of the City Council.
(3)
In the event that a rooming house is sold or the ownership is in
any way changed, the existing permit shall be terminated and a new
application shall be made as hereinabove set forth. Under no circumstances
shall a permit for a rooming house be assigned. Change of ownership
without a new application being made shall be grounds for revocation
of such permit.
(4)
Rooming houses legally operating and duly licensed at the time of
adoption of the ordinance from which this chapter is derived, and/or
which may constitute nonconforming uses under the zoning regulations
of the City of Batavia,[1] shall be entitled to the issuance of a license under this chapter upon compliance with all of the provisions of this chapter except those restrictions contained in § 143-6.
B.
Procedures for renewing a rooming house permit or new application
due to change in ownership. In order to renew a rooming house permit
within the City of Batavia, the following procedures shall be followed:
(1)
An application for a rooming house permit renewal shall be completed.
It shall be furnished by the office of the Code Enforcement Officer.
The application shall consist of a sworn statement setting forth:
(a)
The name, address and telephone number of all persons involved
as owners and/or operators of the proposed rooming house; a statement
detailing a description of the building; and information regarding
the number of roomers to be accommodated, with specific information
on the number of persons in each bedroom.
(b)
Where the applicant for a rooming house permit is a nonresident,
the application shall identify the name, address and telephone number
of a local agent designated to act on behalf of the owner and responsible
for the maintenance of the rooming house.
(2)
In considering the renewal or new application for a permit to operate
a rooming house, the Code Enforcement Officer shall take into consideration:
(a)
Potential traffic problems that have arisen without resolve;
(b)
The present safety and/or sanitary condition of the structure,
and the appearance of the building in the neighborhood;
(c)
Refusal to permit an inspection of the property by the Code
Enforcement Officer;
(d)
False statements on the application permit;
(e)
Permittee's conviction of a crime;
(f)
Any act or conduct of the permittee which indicates his/her
unfitness to operate a rooming house;
(g)
Any activity which affects the safety or tranquility of the
surrounding community;
(3)
In the event the application is denied, the Code Enforcement Officer
shall notify the applicant of such action and indicate the reasons
for such denial in writing.
(4)
In the event that the application is approved, the Code Enforcement
Officer shall set forth all the details and conditions for the granting
of such permit, in writing, to the applicant. In such instances, all
and any repairs or improvements, pursuant to the report of the Code
Enforcement Officer, shall be considered as conditions for the granting
of a permit and shall be made by the applicant as directed prior to
the issuance of the permit.
(5)
The granting of such a permit shall also include the conditions necessary
for maintenance and renewal of such permit. Under the terms and conditions
of this chapter of the City of Batavia Municipal Code, a rooming house
permit shall be subject to revocation if prescribed terms and conditions
upon which the permit was issued are not kept and/or it is found that
the operations of such rooming house create an adverse impact upon
the neighborhood. Adverse impact may include, but shall not be limited
to, excessive noise, criminal activity by the roomers on the premises,
undue disturbances affecting the neighborhood and inadequate property
maintenance and upkeep.
C.
Enforcement. The Code Enforcement Officer shall have all the powers
and duties to enforce this chapter and to make inspections, serve
notices and orders, and take any other appropriate action, except
as otherwise provided in this chapter.
D.
Revocation of permit.
(1)
The Code Enforcement Officer, if he or she determines that reasonable
grounds exist, may refer to the City Planning and Development Committee
for a hearing to revoke any permit issued under this chapter.
(2)
The Code Enforcement Officer shall give written notice, to the holder
of the rooming house permit, of the charges, and the time, date and
place that they will be presented to the Planning and Development
Committee. Any permit may be revoked for making any false statement
in the application for a permit; for a violation of any of the terms
and conditions upon which the permit was issued; for any disorderly,
indecent or immoral conduct on the premises; or for a violation of
any of the rules or regulations, ordinances or laws of the United
States, State of New York, County of Genesee or the City of Batavia.
(3)
The Code Enforcement Officer shall cause notice of such referral
and the reason or reasons therefor to be served upon the persons named
in the application as the owner or holder and also upon the owner
of record of the premises so used as a rooming house. Said service
shall be by registered mail with a return receipt, directed to the
holder of the permit at the subject premises and to the owner of the
address of said owner last known to the Code Enforcement Officer,
or by personal or substituted service.
(4)
If the City Planning and Development Committee finds reasonable cause,
the City Planning and Development Committee shall set a public hearing
to consider revocation of the permit and shall cause a notice thereof,
specifying the time, date and place of the public hearing, to be served
in the same manner as above provided. If the City Planning and Development
Committee finds, after the public hearing, that revocation of the
permit is in the best interest of the community, the operator shall
be notified of this decision, in writing, and an appropriate time
for discontinuance of the rooming house established.
The following standards shall be met by an applicant for a rooming
house permit:
A.
All applicable provisions of the New York State Uniform Fire Prevention
and Building Code, 9 NYCRR Executive Volume B, shall apply to this
chapter and shall be the standard imposed by the Bureau of Inspection
in determining the fitness of the building for a rooming house, as
hereinbefore provided, and shall determine the standards for violations.
B.
The owner or operator of any such rooming house shall provide one
car space for each roomer owning and/or keeping a motor vehicle.
C.
A rooming house, as hereinbefore provided, must conform to the zoning requirements as set forth in Chapter 190, Zoning, of this Code.
D.
The maximum number of occupants permitted shall be in compliance
with the provisions of the New York State Uniform Fire Prevention
and Building Code, 9 NYCRR Executive Volume B, and its applicable
standards.
E.
To ensure compliance with the New York State Uniform Fire Prevention
and Building Code, any plans and specifications for the structure
shall be prepared by either a New York State registered architect
or licensed professional engineer.
F.
No sign advertising the location of a rooming house or the availability
of rooms shall be permitted.
A.
The penalties for a violation of any of the provisions of this chapter shall be as prescribed in Chapter 1, General Provisions, Article II, General Penalty, of the City of Batavia Municipal Code. In addition to other remedies, the City of Batavia may institute appropriate action to restrain, prevent, enjoin, abate, correct or remove any violation and to take such other legal action as is necessary to carry out the terms and provisions of this chapter.
B.
The remedies provided for herein shall be cumulative and not exclusive
and shall be in addition to any other remedies provided by law; and
all remedies may be pursued concurrently or consecutively, and the
pursuit of any remedy shall not be construed as an election or waiver
of the right to pursue any and all of the others.
Any person affected by any notice of violation or order issued
in connection with the enforcement of any provision of this chapter
concerning buildings or structures, or of any rule or regulation adopted
pursuant thereto or the denial of issuance of permit, may request
and shall be granted a hearing before the City Planning and Development
Committee, provided that such person shall file in the Department
of Public Works a written request for such hearing, setting forth
a brief statement of the grounds therefor, designating the person
and his or her address upon whom orders may be served, and setting
forth the reasons why such notice of violation or order should be
modified or withdrawn. If filed within 10 days after the service of
notice of violation or order, compliance with such notice shall not
be required while the hearing is pending, except in emergencies or
as otherwise provided.
