[HISTORY: Adopted by the Board of Trustees
of the Village of Rye Brook 3-26-1985 by L.L. No. 7-1985. Amendments noted where
applicable.]
No person shall begin to conduct, operate, manage
or cause to be conducted, operated or managed, either as an owner,
lessee, attorney or agent, a lodging house, rooming house or boardinghouse
which furnishes lodging or rooming accommodations for hire within
the Village of Rye Brook on or after March 26, 1985.
Any rooming house which is legally in existence
as of March 26, 1985, may continue to be operated and conducted, provided
that the owner, operator or manager obtains a license on or before
January 30, 1986, as herein provided.
As used in this chapter, the following terms
shall have the meanings indicated:
Any building or portion thereof containing up to six rooms
that are used, rented or hired out to be occupied or that are occupied
for sleeping purposes for compensation, whether the compensation is
paid directly or indirectly.
[Amended 4-27-2004 by L.L. No. 5-2004]
Any person desiring to procure a license as
herein provided shall file a written application with the office of
the Village Clerk.
The Village Clerk shall request that inspections
be made to determine compliance with all applicable laws, codes, ordinances
and regulations, including but not limited to the Zoning and Building
Laws of the Village of Rye Brook.[1] Application for a license herein shall constitute consent
by the applicant to entry of the premises by the various inspectors,
engineers and officials so far as it may be necessary for the performance
of their duties and upon the showing of proper credentials.
No license shall be issued hereunder and any
license heretofore or hereafter issued shall be subject to revocation
unless the applicant or licensee fully complies with the following:
A.
The maximum number of lodgers, roomers or boarders
shall be six.
B.
Except as hereinafter provided, there shall be no
more than one person occupying a room as a boarder, lodger or roomer,
and such room shall contain at least 80 square feet of floor space.
More than one person may occupy a single room, provided that the room
shall contain at least 60 square feet of floor space for each occupant
thereof. Access to or egress from each rooming unit shall be provided
without having to pass through any other rooming or dwelling unit.
C.
All lodging, rooming and boarding houses shall be
heated by a central heating system or electric baseboard panel heating.
No portable heaters (quartz heaters, kerosene heaters or stoves) are
allowed in the rooms.
D.
No cooking or storage of foodstuffs shall be permitted
in any room other than a kitchen. Communal cooking and dining facilities
shall be allowed, provided that they comply with all the applicable
state and local laws and are approved by the appropriate building
and housing inspectors.
E.
No sinks or basins shall be installed or used in a
rooming unit.
F.
Bathroom facilities shall be maintained for the owner/occupant
separate and apart from the bathroom facilities for the lodgers, roomers
and boarders. All such facilities shall be available on each and every
floor and shall be so located as to be accessible from a common hall
or passageway to all persons sharing such facilities.
G.
Fire extinguishers, in good working condition and
readily accessible for use at all times, shall be placed on each and
every floor on which rooms are occupied by roomers, all common areas,
kitchens and boiler rooms. Also, a smoke-detection system, approved
by the Fire Department, covering all rooms and areas shall be installed
and connected to an automatic fire alarm with audible alarm signal.
H.
Off-street parking shall be provided on the premises
for all occupants who own automobiles.
I.
Each rooming unit shall be numbered in a plain and
legible manner with raised figures not less than three inches in height
placed on the outside door of each rooming unit, and no two rooming
units shall bear the same number.
J.
All licensed lodging houses shall be subject to inspection
by all properly authorized officials and their deputies of the Village
of Rye Brook at all reasonable hours. Refusal to comply shall constitute
a violation and be grounds for an immediate suspension of one's license.
Every licensee shall keep upon such premises a register in which there shall be recorded the names and occupations of all persons residing in said premises, together with a true and accurate record of the room or rooms assigned to each person or persons and of the date and hour when such room or rooms were used. The register shall be exhibited and open to inspection to any member of the Police Department or a properly authorized official or his deputy of the Village of Rye Brook or of the County of Westchester. The failure to so exhibit the register shall constitute a violation and be punishable in accordance with the provisions of § 1-17 of Chapter 1, General Provisions.
[Amended 8-26-2003 by L.L. No. 13-2003]
The fees for a license to operate a rooming
house and for license renewals shall be established by resolution
of the Board of Trustees. The current License and Fee Schedule is
on file in the Village Clerk's office.
No license shall be issued or renewed for a
longer period than one year. All applications, properly filled out,
must be filed with the Village Clerk of the Village of Rye Brook at
least 60 days prior to the expiration of the previous license.
Every licensee shall immediately display such license and keep it on display while in force in a conspicuous place in the rooming house. It is unlawful to deface, mutilate or destroy said license, and such an act will be deemed a violation of this chapter and be punishable as provided in § 1-17 of Chapter 1, General Provisions.
[Amended 12-15-1992 by L.L. No. 2-1992]
A.
The Board of Trustees may at any time, after giving
notice to the licensee and providing an opportunity to the licensee
to be heard, deny or revoke any license for any false statement contained
in any application for such license, for violation of any applicable
law, code or regulation or for reasons benefitting the general welfare
of the community.
B.
Notice of denial, revocation and the hearing and the
reasons for it is to be served upon the licensee by certified mail
with return receipt or by personal service.
C.
Said hearing shall be held at the next regular meeting
of the Board of Trustees following receipt of notice.
