[Adopted 5-3-1990 by L.L. No. 4-1990; amended in its entirety 10-5-2010 by L.L. No.
3-2010]
This article is to be known as the "Rental Permit Law."
As used in this article, the following terms shall have the
meanings indicated:
CODE ENFORCEMENT OFFICER
A Code Enforcement Officer of the Village of Islandia, or
the Building Inspector, his delegate or assistant, or anyone authorized
and designated by the Village Board to enforce the Village Code of
the Village of Islandia and the New York State Fire Prevention and
Building and Construction Law.
DWELLING
A structure or building occupied or to be occupied by one
or more persons as a home or residence, in accordance with the provisions
of this article and the Zoning Code of the Village of Islandia.
OWNER
The owner of the premises which is a dwelling.
RENEWAL RENTAL PERMIT
A permit which is to be issued to the owner of a property
which is a rental dwelling, where such rental dwelling has been the
subject of a rental permit continuously prior to the date of application
for the permit only.
RENT
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,
whether or not a legal relationship of landlord and tenant exists
between the owner and the occupant or occupants thereof.
RENTAL DWELLING
A dwelling occupied, used or maintained for rental occupancy
and which is therefore subject to this article of the Islandia Village
Code.
RENTAL OCCUPANCY
The occupancy or use of a dwelling by one or more persons
under an arrangement whereby the occupant or occupants thereof pay
rent for such occupancy and use.
RENTAL PERMIT
A rental permit is required to be obtained prior to the creation
of or the renting of a rental dwelling in the Village of Islandia.
A rental permit will only be issued to the owner of a rental dwelling.
Upon the effective date of Local Law No. 3 of 2010, rental permits
will not be issued for any rental dwelling in the Village of Islandia
except where the owner of the rental dwelling has been a resident
and owner of residential property in the Village of Islandia for a
period of not less than five consecutive years.
[Amended 7-2-2013 by L.L. No. 6-2013]
A. Permit
application fee. A nonrefundable rental permit application fee of
$1,000 for a single-family home and $250 for a town home and/or condominium
shall be paid upon filing an application for a rental permit.
B. Renewal
rental permit fee. A nonrefundable permit renewal fee of $1,000 for
a single-family home and $250 for a town home and/or a condominium
shall be paid upon filing an application for a renewal permit.
The Code Enforcement Officer of the Village of Islandia shall
review each application for completeness and accuracy and shall make
an on-site inspection of the proposed rental dwelling. If satisfied
that the proposed rental dwelling, as well as the premises in or on
which the same is located, complies fully with all applicable laws
of the state and local laws, ordinances, rules and regulations of
the county and the Village and that such rental dwelling or the use
thereof for rental would not create an unsafe or dangerous condition,
or create an unsafe or substandard structure or create a nuisance
to adjoining or nearby property, the Code Enforcement Officer shall
then issue the rental permit or renewal rental permit applied for.
It shall be the duty of the Code Enforcement Officer to maintain
a register of permits issued pursuant to this article. The register
of permits shall be kept by street address, showing the name and address
of the permittee, the rental dwelling at such street address, the
number of rooms in each such rental dwelling and the date of expiration
of permit for such rental dwelling. Such registry shall be kept available
for public inspection during regular business hours at the office
of the Building Department.
[Added 7-30-2013 by L.L. No. 13-2013]
A. Board intent and purpose. The Village Board hereby finds that carbon
monoxide, a colorless, odorless, poisonous gas produced by incomplete
burning of solid, liquid and gaseous fuels used to heat homes or to
operate motor vehicles, cook and produce heated water, presents a
danger to the health of Village of Islandia residents. The Village
Board further finds that the loss of life caused by carbon monoxide
poisoning is preventable by the proper installation and use of carbon
monoxide alarms in rental dwellings.
B. Carbon monoxide alarms required in rental dwellings.
(1)
Every rental dwelling that contains a fuel-burning appliance
or equipment, which shall be defined as any appliance capable of burning
organic materials in accordance with this provision, shall have installed
and shall maintain, in good working condition, the required number
of carbon monoxide alarms, which shall have a battery backup if electrically
operated. Such carbon monoxide alarm may be combined with a smoke-detecting
device which complies with the New York State Uniform Fire Prevention
and Building Code.
(2)
Installation location:
(a)
In every rental dwelling, a carbon monoxide alarm shall be installed
adjacent to any bedroom maintained in such rental dwelling, as per
manufacturer's specifications.
(b)
In any additional area the Code Enforcement Official deems necessary.
(3)
Compliance with other standards. Each approved carbon monoxide
alarm shall comply with all applicable state, county and Village regulations,
shall bear the label of a nationally recognized standard testing laboratory,
and shall meet the standard of UL 2034 or its equivalent.
(4)
Rendering alarm inoperable prohibited. Except as herein provided,
it shall be prohibited to render an installed carbon monoxide alarm
inoperable by breaking such alarm, painting the exterior, taping over
the alarm, disabling the alarm, removing the battery or using any
other method which prevents such carbon monoxide alarm from operating
in the manner for which it was intended. This provision shall not
apply to the normal procedure of replacing batteries in such carbon
monoxide alarm.
C. Duty of owner. It shall be the duty of the owner of a rental dwelling
to:
(1)
Provide and install operational carbon monoxide alarm(s) in
each rental dwelling as required that shall have a battery backup
if electrically operated.
(2)
As part of the rental permit application process, and in order
to receive or renew a rental permit, complete a Village of Islandia
carbon monoxide detector certificate of installation and deliver the
completed certificate to the Village of Islandia Code Enforcement
Official, depending upon the number of rental units prior to receiving
or renewing a rental permit.
(3)
Unless the owner submits to a physical inspection of the rental
dwelling(s), the owner must provide the Code Enforcement Official
with a completed and signed affidavit attesting to the installation
of the required carbon monoxide alarm(s).
(4)
The Code Enforcement Official may request to inspect a rental
dwelling for compliance at his discretion. Refusal to allow such an
inspection by the owner of such dwelling may form the basis to make
an application to a court of competent jurisdiction for a search warrant.
(5)
Provide the tenant(s) with a copy of the completed carbon monoxide
detector certificate of installation and/or the signed affidavit attesting
to the installation of the required carbon monoxide alarm(s).
(6)
Replace any carbon monoxide alarm that has been stolen, removed, found missing or rendered inoperable within five days of receiving notification from the occupant, as described in §
138-10.1, that said alarm has been stolen, removed, found missing or rendered inoperable.
(7)
Any carbon monoxide alarm(s) must be replaced as per manufacturer's
specifications.
D. Duty of occupant. It shall be the duty of the occupant of a rental
dwelling to:
(1)
Notify the owner of the rental dwelling in writing if any carbon
monoxide alarm has been stolen, removed, found missing or rendered
inoperable.
(2)
Test, maintain and replace required batteries for carbon monoxide
alarms located in the rental dwelling at least every six months.
E. Severability. If any clause, sentence, paragraph, section or part
of this section shall be adjudged by any court of competent jurisdiction
to be invalid or unconstitutional, such judgment shall not affect,
impair or invalidate the remainder thereof but shall be confined in
its operation to the clause, sentence, paragraph, section or part
thereof directly involved in the controversy and in which such judgment
shall have been rendered.
The Code Enforcement Officer is authorized to make or cause
to be made inspections, from time to time, to determine the condition
of a rental dwelling and to safeguard the health, safety, morals and
welfare of the public. The Code Enforcement Officer is authorized
to enter, upon consent of the owner or occupant, any rental dwelling
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 or occupant for the purpose
of performing his duties under this article. It shall be a condition
of each rental permit, expressly stated therein, that the Code Enforcement
Officer shall have the right to inspect each permitted rental dwelling
during the term of the permit in accordance herewith, for the purpose
of performing his duties under this article.
The Code Enforcement Officer is authorized to make application
to the Village Justice Court of the Village of Islandia or the District
Court of Suffolk County or such other court of jurisdiction for the
issuance of a search warrant to be executed by a police officer, in
order to conduct an inspection of any premises covered by this article,
where the owner or occupant refuses or fails, after due notice by
certified mail, to allow an inspection of the rental dwelling or premises
and where there is reasonable cause to believe that a violation of
any state, county or Village law or ordinance has occurred. The application
for search warrant shall, in all respects, comply with applicable
laws of the State of New York.
The provisions of this article are declared to be severable,
and if any section, sentence, clause or phrase of this article shall
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this article, but they shall remain in effect,
it being the legislative intent that this article shall stand, notwithstanding
the invalidity of any part.