[Amended 9-26-2005]
The Common Council has determined that there
exist in the City of Middletown serious conditions, including but
not limited to Housing and Sanitary Code violations and increased
criminal activity, arising from rental of rooms in boardinghouses,
and apartments in multiple dwellings and two-family dwelling units,
as defined within this article, and under an arrangement whereby the
occupant or occupants pay rent for such occupancy and use.
As used in this article, the following terms
shall have the meanings indicated:
BOARDINGHOUSE, ROOMING HOUSE AND LODGING HOUSE
A.
Any dwelling in which more than three persons,
either individually or as families, are housed or lodged for hire,
and used for single room occupancy.
B.
Any dwelling that provides sleeping accommodations
in three or more individual rooms on either a transient or permanent
basis, without cooking and toilet facilities, as defined below, for
each individual occupant or family, however, excepting those locations
as defined in the New York State Uniform Fire Prevention and Building
Code as an adult residential care facility.
MULTIPLE DWELLING
A dwelling or group of dwellings on one plot containing separate
living units for three or more families but which may have joint services
or facilities, or both. Does not include condominiums.
TWO-FAMILY DWELLING
A detached building on one plot designed for or occupied
exclusively by two families living independently of each other. Does
not include condominiums.
[Added 9-26-2005]
[Amended 9-26-2005]
All boardinghouses, rooming houses, lodging
houses, multiple dwellings and two-family dwellings in the City must
have a permit issued by the Department of Public Works.
[Amended 9-26-2005]
The Commissioner of Public Works or his designee
shall review each application for completeness and accuracy and shall
make an on-site inspection of the proposed boardinghouse, rooming
house, lodging house, multiple dwelling or two-family dwelling. If
satisfied that the proposed rental unit or units, as well as the premises
in which the same are located, comply fully with all applicable laws,
rules and regulations of the state, county and City, including local
laws and ordinances, and that such rental unit or units would not
create an unsafe or dangerous condition or create an unsafe or substandard
structure or create a nuisance to adjoining or nearby properties,
the Commissioner of Public Works or his designee shall issue the permit
or permits applied for.
The Commissioner of Public Works or his or her
designee is authorized to make or cause to be made inspections, from
time to time, to determine the condition of rental units and to safeguard
the health, safety, morals and welfare of the public. The Commissioner
of Public Works or his or her designee is authorized to enter, upon
consent of the owner or occupant, any rental unit and the premises
in which the same is located at any reasonable time. Unconsented entries
and entries at unreasonable hours may be made upon warrant duly issued
by a Judge of the City Court of Middletown. All applications and renewals
shall be granted only after an inspection.
[Amended 4-2-1996]
The Commissioner of Public Works or his or her designee is authorized to make application to the City Court of Middletown for the issuance of a search warrant to be executed by a police officer where there exists reasonable justification for an inspection to be conducted pursuant to this article or where there is reasonable cause to believe that there has occurred or is occurring a violation of this article, of the Multiple Residence Law, of the New York State Fire Prevention and Building Code, of Article
I, Minimum Housing Standards, of this chapter, of Chapter
261, Fire Prevention, or of Chapter A500, Plumbers and Plumbing Standards. The application for a search warrant shall, in all respects, comply with applicable laws of the State of New York.
[Amended 4-2-1996; 8-14-2000]
A. Mandatory revocation. The Commissioner of Public Works
shall revoke a permit issued under this article when:
(1) A resident or former resident of the premises for
which such permit was issued is convicted of any crime as defined
in Article 220, 221 or 265 of the Penal Law of the State of New York,
or of the crime of murder, or of any violent felony as defined in
§ 70.02 of the Penal Law of the State of New York, provided
that:
(a)
Such resident was residing at the aforesaid
permitted premises at the time of the commission of the crime; and
(b)
Such resident's name appeared on the register provided for in §
296-19B of this article in the ten-year time period prior to the date of the commission or the crime; and
(c)
The number of rental units located at the premises
for which such permit was issued does not exceed 20 units; or
(2) Two or more residents or former residents of the premises
for which such permit was issued are convicted of any crime as defined
in Article 220, 221 or 265 of the Penal Law of the State of New York,
or of the crime of murder, or of any violent felony as defined in
§ 70.02 of the Penal Law of the State of New York within
a period of five years, provided that:
(a)
Each such resident was residing at the aforesaid
permitted premises at the time of the commission of that resident's
crime; and
(b)
Each such resident's name appeared on the register provided for in §
296-19B of this article in the ten-year time period prior to the date of the commission of that resident's crime; and
(c)
The number of rental units located at the premises
for which such permit was issued is between 20 units and 100 units;
or
(3) Three or more residents or former residents of the
premises for which such permit was issued are convicted of any crime
as defined in Articles 220, 221 or 265 of the Penal Law of the State
of New York, or of the crime of murder, or of any violent felony as
defined in § 70.02 of the Penal Law of the State of New
York within a period of five years, provided that:
(a)
Each such resident was residing at the aforesaid
permitted premises at the time of the commission of that resident's
crime; and
(b)
Each such resident's name appeared on the register provided for in §
296-19B of this article in the ten-year time period prior to the date of the commission of that resident's crime; and
(c)
The number of rental units located at the premises
for which such permit was issued exceeds 100 units; or
(4) Three or more residents or former residents of the
premises for which such permit was issued are convicted of any crime
in the same calendar year, provided that:
(a)
Each such resident was residing at the aforesaid
permitted premises at the time of the commission of that resident's
crime; and
(b)
Each such resident's name appeared on the register provided for in §
296-19C of this article in the five-year time period prior to the date of the commission of that resident's crime; and
(c)
The number of rental units located at the premises
for which such permit was issued does not exceed 20 units; or
(5) Five or more residents or former residents of the
premises for which such permit was issued are convicted of any crime
in the same calendar year, provided that:
(a)
Each such resident was residing at the aforesaid
permitted premises at the time of the commission of that resident's
crime; and
(b)
Each such resident's name appeared on the register provided for in §
296-19C of this article in the five-year time period prior to the date of the commission of that resident's crime; and
(c)
The number of rental units located at the premises
for which such permit was issued is between 20 units and 100 units;
or
(6) Seven or more residents or former residents of the
premises for which such permit was issued are convicted of any crime
in the same calendar year, provided that:
(a)
Each such resident was residing at the aforesaid
permitted premises at the time of the commission of that resident's
crime; and
(b)
Each such resident's name appeared on the register provided for in §
296-19C of this article in the five-year time period prior to the date of the commission of that resident's crime; and
(c)
The number of rental units located at the premises
for which such permit was issued exceeds 100 units.
B. Discretionary revocation. The Commissioner of Public
Works may revoke a permit issued under this article when:
[Amended 4-3-2012]
(1) The
permit holder has caused, permitted, suffered or allowed to exist
and remain upon the premises for which such permit was issued for
a period of 10 days or more after written notice has been given to
the permit holder or the managing agent of such rental unit a violation
of the Multiple Residence Law of the State of New York, or of the
New York State Uniform Fire Prevention and Building Code, or of any
of the codes and ordinances of the City of Middletown; or
(2) The
subject premises contains a violation or violations of the Multiple
Residence Law of the State of New York, or of the New York State Uniform
Fire Prevention and Building Code, or of any of the codes and ordinances
of the City of Middletown, which violation(s) are determined by the
Commissioner of Public Works, in his discretion, to be a danger to
the health or safety of residents of the subject premises or neighboring;
or
(3) The
subject premises has incurred repeated violations of the Multiple
Residence Law of the State of New York, or of the New York State Uniform
Fire Prevention and Building Code, or of any of the codes and ordinances
of the City of Middletown, during the life of the subject permit,
which violations are determined by the Commissioner, in his discretion,
to constitute an adverse impact upon the quality of life, the enjoyment
or value of property and the welfare of the surrounding neighborhood.
C. Hearings.
(1) If a decision is made to revoke a permit, the permit
holder shall be notified of the reason(s) therefor by written notice
from the Commissioner of Public Works mailed to the applicant by regular
and by certified mail, return receipt requested. A permit holder has
10 working days from the date of such written notice to request a
hearing before a special committee of the Common Council as hereinafter
provided. All requests for hearings must be in writing, directed to
the Clerk of the Common Council, and accompanied by a fee of $100.
If the permit holder requests such a hearing, the permit holder shall
be issued a temporary permit by the Commissioner of Public Works which
shall expire 60 days after the final decision of the special committee
of the Common Council.
(2) Upon a request for a hearing, the President of the
Common Council shall designate a special committee to consist of the
President of the Common Council and one Alderperson from each ward.
The President shall act as presiding officer at the hearing. The hearing
shall be conducted within 30 days after receipt of the request therefor.
The hearing shall be public, and the permit holder may be represented
by counsel and shall be able to call witnesses in his or her behalf.
The special committee in its discretion may rescind a revocation for
good cause shown. The special committee shall issue a written decision
within 20 days after the hearing, and the Clerk of the Common Council
shall provide the permit holder with a copy of this decision within
five business days after its issuance.
(3) In
the event the permit holder is not satisfied with the decision of
the special committee, such permit holder may file an Article 78 proceeding
under the New York Civil Practice Law and Rules, except that such
Article 78 proceeding must be filed within 30 days of the filing of
the special committee's decision with the City Clerk of the City of
Middletown and service of the same upon the permit holder.
[Added 4-3-2012]
D. Reapplications. A permit holder whose permit has been
revoked pursuant to the provision of this section may not reapply
for a permit for the premises which was the subject of the revocation
until three years after the date of revocation, unless the Commissioner
of Public Works, in his sole discretion, allows an earlier reapplication.
In all other respects, reapplications shall be considered pursuant
to the provisions of this article governing application.
[Amended 4-3-2012]
E. The mandatory revocation provisions of Subsection
A of this section shall not apply to permits issued to two-family dwellings.
[Added 9-26-2005]
[Amended 3-8-1999; 9-26-2005; 12-20-2016]
A person who shall violate a provision of this
article shall be guilty, upon conviction, of an offense punishable
by a fine of not less than $250 nor more than $1,000 or by imprisonment
for a period not exceeding 15 days, or by both such fine and imprisonment.
Each day that a violation is permitted to exist shall constitute a
separate offense.