[Amended 10-11-1976 by L.L. No. 32-1976; 8-14-1995 by L.L. No. 14-1995]
Owners, operators and occupants shall be jointly and severally liable for compliance with the provisions of Chapter 238 as set forth herein, regardless of any agreement among the owners, operators or occupants as to which party shall assume such responsibility.
A.
Enforcement. This chapter shall be enforced by the
Building Inspector, his assistants and authorized representatives,
or by any person designated specifically for such purpose by the Board
of Trustees of the Village or by any duly constituted police authority.
Any person responsible for enforcing the provisions of this chapter
shall have the right of access to and entry upon and into private
property or any building covered by this chapter or reasonably believed
to be covered by this chapter, but such entry shall not be made into
a private building over the objection of any occupant thereof or,
in his absence, without such officer first having secured and executed
a proper search warrant. However, there shall be no obligation upon
the part of such officer to obtain a search warrant and, if access
to the premises is denied to such officer, such denial shall constitute
prima facie evidence that a violation exists in any legal proceeding
in any court thereafter. In any criminal proceeding, however, the
burden of proof shall remain upon the people as in any other criminal
proceeding, but in determining whether or not such burden has been
met, the trier of the facts may consider the denial of access to be
prima facie evidence of the existence of the violation. Notwithstanding
anything aforesaid to the contrary, nothing in this Code shall be
deemed to provide for or permit the search of the interior of any
owner-occupied premises, no part of which is held for let or for rental
purposes; and the denial of access to any such premises shall not
constitute prima facie evidence of the existence of a violation as
set forth in this section. However, if a portion of such premises
is held for let or for rental purposes, an inspection and/or search
of the owner-occupied portion shall be permitted in order to determine
whether or not conditions in such portion exist which have or may
have a detrimental or hazardous effect upon the rental portion.
[Amended 10-11-1976 by L.L. No. 32-1976]
(1)
The Building Inspector may designate as unfit for
human habitation and post appropriate notices upon any dwelling units,
rooming house or rooming unit having any of the following defects:
(a)
The structure lacks illumination, ventilation,
sanitation, heat or other facilities adequate to protect the health
and safety of the occupants or the public.
(b)
The structure is damaged, decayed, dilapidated,
unsanitary, unsafe or vermin-infested in such a manner as to create
a serious hazard to the health and safety of the occupants or the
public.
(c)
The structure, because of the location, general
conditions, state of the premises or number of occupants, is so unsanitary,
unsafe, overcrowded or otherwise detrimental to health and safety
that it creates a serious hazard to the occupants or the public.
(d)
The structure, because of the failure of the
owner or occupant to comply with this Code, is unfit for human habitation.
(2)
Order to vacate.
(a)
Where required in order to safeguard life or
property, the Building Inspector may order any dwelling, dwelling
unit, rooming unit or rooming house to be vacated forthwith. A copy
of such order to vacate shall be served on the occupant and owner,
agent or operator. Such premises shall then be vacated within such
reasonable time as the Building Inspector may specify in his order.
No such dwelling, dwelling unit, rooming unit or rooming house shall
again be used for human habitation and no notice thereupon shall be
removed until written approval is secured from the Building Inspector.
Any person who shall deface or remove any notice referred to in this
chapter from any such building or unit which has been designated as
unfit shall be guilty of a violation of this chapter, regardless of
whether or not such person is an occupant or owner of the premises.
(b)
In the event that any occupant of such premises
shall fail to vacate within the time specified by the Building Inspector
in his order, the Village of Patchogue may apply to a term of the
Supreme Court of the State of New York, to be held in and for the
County of Suffolk, for an order directing the removal of said occupant,
and further directing that, upon said occupant's failure to remove,
the Sheriff of Suffolk County be directed to eject said occupant as
upon a proceeding for the recovery of real property as set forth in
the Real Property Actions and Proceedings Law of the State of New
York. All of the costs and expenses of such application and all of
the proceedings pertaining thereto, including but not limited to reasonable
attorney's fees, shall be assessed against the premises and shall
be a lien against said property in the same manner as all other assessments
levied by said Village of Patchogue.
[Added 5-28-1979 by L.L. No. 7-1979]
(3)
The owner, agent or operator of any dwelling, dwelling
unit, rooming unit or rooming house which has been designated as unfit
for human habitation and vacated shall make such dwelling, dwelling
unit, rooming unit or rooming house safe and secure in whatever manner
the Building Inspector shall deem necessary, including but not limited
to the securing of all doors and windows against unauthorized entry.
B.
Penalties for offenses.
(1)
General provisions.
[Amended 9-14-1992 by L.L. No. 14-1992[1]]
(a)
For every violation of § 238-5, the responsible party:
[1]
Upon conviction of a first offense, shall be
guilty of a violation as defined in the Penal Law and be punishable
by a fine of not more than $2,000 or imprisonment for not more than
15 days, or both;
[2]
Upon conviction of a second offense within a
five-year period, shall be guilty of a violation as defined in the
Penal Law and be punishable by a fine of not more than $2,000 or imprisonment
for not more than 15 days, or both; and
[3]
Upon conviction of a third offense within a
five-year period, shall be guilty of an unclassified misdemeanor as
defined in the Penal Law and shall be punishable by a fine of not
less than $2,000 or imprisonment for not more than six months, or
both. Each day's continuing infraction shall constitute a separate
offense.
(2)
Any occupant who shall be in violation of those provisions of this chapter, compliance with which he is responsible for under the provisions thereof, shall be subject to eviction and damages for a breach of lease pursuant to the provisions of the Real Property Actions and Proceedings Law of the State of New York. Where an owner of any premises is responsible for a violation of those provisions of this chapter which fall within his primary responsibilities for compliance under the provisions of this chapter, and which responsibilities are not referred to in § 238-43 as being those of the occupant, the premises shall be subject to a rent abatement, which may be fixed by any court having jurisdiction, for the period during which any such violation shall exist, and said owner shall be responsible to the occupant in damages, including but not limited to any expense to which the occupant may have been put to cure any such violation.[3]
[Added 7-22-1996 by L.L. No. 12-1996]
A.
Every owner of rental property located within the
Village of Patchogue shall file:
(1)
A statement of designation, signed and verified in
the office of the Village Clerk, setting forth the name and address,
by street and number within the Village of Patchogue, of an agent
upon whom process may be served in any action or proceeding which
may be commenced or instituted against said owner; or
(2)
A designation, signed and verified, of the Village
Clerk, as the agent upon whom process against the owner may be served,
and the post office address, within or without the Village of Patchogue,
to which the Village Clerk may mail a copy of any process against
such owner served upon the Village Clerk.
B.
Whenever process is served upon the Village Clerk,
she shall promptly mail, by certified mail, addressed to the agent
named in said designation at the address therein set forth, a true
copy of said process and, upon mailing thereof, process shall be deemed
complete.
C.
It shall be unlawful and a violation of this chapter
for any person to:
(1)
List, solicit, advertise or offer, exhibit or show
to any person a rental dwelling unit located within the Village of
Patchogue, for the purpose of bringing about the rental thereof, where
no agent has been designated as required under this chapter.
(2)
Accept a deposit of rent or security, or a commission,
in connection with the rental of a rental dwelling unit located within
the Village of Patchogue where no agent has been designated as required
under this chapter.
D.
In the event that a person convicted of a violation of Subsection C of this section shall have been a real estate broker or sales person licensed by the State of New York, at the time such violation was committed, the Village Clerk or the Clerk of the Village Justice Court shall transmit a record of such conviction to the Division of Licensing Services of the Department of State and make complaint thereto against such licensee on behalf of the Village, pursuant to the provisions of Article 12-A of the Real Property Law.
E.
All rental properties containing eight or more rental
units shall provide for a designated on-site manager who shall be
available to address and resolve any issues with the property 24 hours
a day. The owner of the property must file the manager's address,
telephone number and other contact information with the Building Department
within five days of the designation of the manager or any changes
thereto.
[Amended 3-23-2009 by L.L. No. 8-2009]
