[HISTORY: Adopted by the Board of Trustees of the Village of Freeport 5-9-1966 as Ch. 15 of the 1966 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- LODGING HOUSE
- Includes any building or structure, except apartment houses, apartment hotels and hotels, in which two or more rooms are rented or offered for rent for lodging purposes to two or more persons, and/or three or more persons are lodged for hire in said building or structure.
- A human being over 18 months of age, but the aforesaid shall not apply to the receiving, boarding or keeping of a child or children under a license or certificate issued by the State Department of Social Welfare or the Nassau County Department of Public Welfare.
- RENT, OFFER FOR RENT, etc.
- -- Rooms are "rented" or "offered for rent" for lodging purposes or persons are lodged for hire when living accommodations are supplied for money or any other valuable consideration, including services rendered to the landlord.
Generally. It shall be unlawful for any person, either as owner, lessee or agent, to maintain a lodging house or rooming house in the Village without first obtaining an annual license therefor.
Sale or transfer of premises. In the event of a sale or other transfer of the licensed premises, the new owner or transferee, upon compliance with the provisions of §§ 138-2 and 138-5 of Ch. 138, Licensing of Businesses, shall be issued a license for the unexpired term of the existing license upon payment of a fifty-dollar fee to the Village Clerk.
Generally. No license shall be issued hereunder and any licenses heretofore or hereafter issued shall be subject to revocation unless the applicant or holder of such license fully complies with the requirements set forth in § 138-2 and, in addition thereto, in his application for license or renewal sets forth the following facts:
Rooms. The location and size of the rooms offered for rents, together with the number to be assigned to said room.
Occupants. The proposed number of occupants for each room, together with the number assigned to said room.
Bathroom and toilet facilities. The number and locations of bathroom and toilet facilities in said premises.
Inspection. No license shall be issued hereunder unless the Superintendent of Buildings shall certify that he has inspected said lodging house and the same is not a dangerous building or a substandard building, pursuant to Chapter 128, Housing Standards.
All applications for the renewal of licenses under this chapter shall be made not later than 30 days prior to the date that the subject license expires.
[Added 12-27-1982 by L.L. No. 18-1982]
Heating, wiring and appliances. All such lodging houses shall be heated by a central heating plant or electrical panel heating. No appliance or appliances used for heating, cooking or storing food in a sleeping room shall be installed, maintained or stored by the owner or operator of any lodging house; however, any such appliances installed prior to November 1, 1956, shall not be affected by the foregoing prohibitions. In the event electric current is used or likely to be used for any appliance of over 700 watts in a sleeping room, there shall be provided, at a convenient place, a duplex receptacle with a pilot light and switch controlling the same with separate circuit feeder No. 12 gauge wire equal to 20 amperes services.
Artificial lighting. In all parts of such building, artificial lighting shall be provided by means of electric current, and each electric circuit shall be provided with a circuit breaker or fuse which shall meet the requirements of the New York Board of Fire Underwriters. Each new application shall be accompanied by a New York Board of Fire Underwriter's certificate. This certificate shall not be more than one year old. Thereafter, on renewal applications, a current certification, by an electrician duly licensed by the Village, of compliance with the foregoing requirements shall be required at least once each five years. Any fees involved in obtaining the required electrician's certificate shall be borne by the applicant.
Sinks. No sinks shall be installed, maintained or used in any sleeping room; however, sinks installed in such sleeping rooms prior to November 1, 1956, shall not be affected by such prohibition.
Toilet and bathing facilities. There shall be available toilet facilities, consisting of a toilet, and bathing facilities, comprising a wash basin and a bathtub or shower, connected for use by running water in each premises wherein rooms are offered for rent, and in the event rooms are rented or offered for rent to more than six persons, including the landlord and his immediate family, there shall be available at least two such toilets and bathing facilities in such premises. Such toilet and bathing facilities may be contained in the same room but said room may not be used for any other purpose. The room in which such toilet and bathing facilities are contained shall be properly ventilated in accordance with the regulations prescribed by the Building Code of the Village and/or the Plumbing Code of the Village, and such toilet and bathing facilities shall have adequate hot and cold running water.
Room numbers. All sleeping rooms rented or offered for rent shall be numbered with raised figures not less than three inches in height placed on the outside of the door to each room, and no two rooms shall bear the same number.
Fire extinguishers. Each and every floor on which rooms are rented or offered for rent shall be equipped with an approved fire extinguisher in good working condition and readily accessible for use at all times.
Rooms on third floor of dwelling. No room shall be used or occupied, except for storage, in the third floor or attic of any dwelling unless the building complies fully with the New York State Multiple Residence Law and the Building Code of the Village, and the room or rooms so used or occupied shall conform with the provisions of §§ 128-1 through 128-23 of Ch. 128, Housing Standards.
Rooms in basement or cellar. No sleeping room shall be occupied, rented or offered for rent in any cellar or basement.
Available rooms limited by license. No rooms, other than those specified in the application and license, shall be rented or offered for rent. In the event additional rooms shall become available for renting purposes during the license period, such rooms may not be rented or offered for rent unless prior application has been filed and a supplemental license granted and additional fee paid.
Additional rooms not permitted. Henceforth, notwithstanding any other provision of this Code to the contrary, no new or additional rooms or apartments shall be offered for rent in any lodging or rooming house. For the purposes of this subsection, the term "a new or additional room" shall be construed as any room or apartment not set forth on the license for said lodging or rooming house as of the effective date of this subsection.
[Added 9-19-1977 by L.L. No. 16-1977]
Any person maintaining such rooming or lodging house, pursuant to the provisions of this section, shall keep a register upon such premises, showing the names and occupations of all persons residing or living in or upon said premises and shall exhibit the same to any member of the Police Department, the Superintendent of Buildings or his employees or the Chief Engineer of the Village or his deputy or the Chief Engineer of the Fire Department or his deputized agent at any reasonable time upon demand, and upon failure to keep such registry or to exhibit the same, such license shall be revoked.
In addition to the filing of information as required of applicants by § 138-2, the Mayor shall cause inquiry to be made by the Superintendent of Buildings as to the physical characteristics and appurtenances of the building for whose operation hereunder a license is sought. If such inspection discloses that these premises are inadequate under the provisions of this chapter or otherwise of such nature as to be inimical to the health, safety or welfare of the occupants thereof or of the community at large, the license shall not be granted or, if granted, shall be revoked. Such inspection shall be repeated at intervals of no longer than one year.
[Amended 11-26-1973; 2-26-1990 by L.L. No. 26-1990]
The Board of Trustees by resolution shall adopt and from time to time may amend a schedule of fees payable by an applicant for a rooming and lodging house permit or a renewal thereof.
Prorating fees. In the event such application is made and permit therefor granted after the 31st day of December, the fee shall be 50% of the annual fee for such permit.
Expiration. All licenses shall expire on June 30.
Any person who, either as owner, lessee or agent, violates any of the provisions of this chapter shall be liable to the penalties prescribed in § 1-10 of this Code, and, in addition thereto, such violation shall constitute disorderly conduct, and the person so violating the same shall be a disorderly person.