[HISTORY: Adopted by the City Council of
the City of Glen Cove 8-25-1981 by L.L. No. 1-1981 as Ch. 28 of the
1981 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "City of Glen Cove Boardinghouse Ordinance."
The Building Department Administrator shall
have the power to promulgate such regulations as he or she deems necessary
for carrying this chapter into effect, and such regulations shall
have the same authority as though duly enacted by the City Council.
The requirements of this chapter are in addition
to those of other laws and ordinances applicable thereto and in case
of conflict, the more restrictive provision shall apply and prevail.
As used in this chapter, unless the context
or subject matter otherwise requires, the following terms shall have
the following meanings:
A multiple dwelling, in which there are less than 30 sleeping
rooms, occupied primarily by transients who are lodged with or without
meals, and in which there are provided such services as are incidental
to its use as a temporary residence; also a dwelling two or more stories
in height, occupied by one or two families and with five or more transient
boarders, roomers or lodgers residing with one family.
A dwelling other than a hotel in which persons are housed
in a dormitory or dormitories, whether or not the space for sleeping
accommodations therein is divided into cubicles, for a single night
or for less than one week at a time.
A dwelling which is either rented, leased, let or hired out,
to be occupied as the temporary or permanent residence or home of
three or more families living independently of each other, including
but not limited to the following: a tenement, flat house, maisonette
apartment, apartment house, apartment hotel, duplex apartment, kitchenette
apartment, hotel, lodging house, rooming house, boardinghouse, boarding
and nursery school, furnished room house, club, sorority house, fraternity
house, college and school dormitory, convalescent, old age or nursing
homes or residences. It shall also include a dwelling, two or more
stories in height, and with five or more boarders, roomers or lodgers
residing with any one family.
The occupancy by one or two persons of a single room, or
two or more rooms which are joined together, separated from all other
rooms within an apartment in a multiple dwelling so that the occupant
or occupants thereof reside separately and independently of the other
occupant or occupants thereof of the same apartment.
A.
Required statement. Each owner, lessee, agent or manager
of a multiple dwelling, boardinghouse, rooming house and lodging house
shall file a statement with the Building Department containing information
by name and address upon whom legal process can be made.
B.
Sign. Each owner, lessee, agent or manager of a multiple
dwelling, boardinghouse, rooming house and lodging house, shall post
at a conspicuous location at the entrance to such building a sign
measuring not less than three inches by five inches in size, containing
in legible print the name and address of the owner, lessee, agent
or manager, as the case may be, and if the name and address upon whom
legal process can be made is other than the name and address stated
heretofore, then in such event, such sign shall also include the name
and address upon whom legal process can be made.
C.
Form of statement. Each owner, lessee, agent or manager of a multiple dwelling, boardinghouse, rooming house and lodging house, in compliance with and as provided for in Subsection A of this section, shall complete and sign under oath a statement in the manner as follows.[1]
[1]
Editor's Note: Said statement is located at
the end of this chapter
It shall be unlawful for the owner, lessee,
agent or manager of any multiple dwelling maintained within the city
containing rooming house accommodations or containing any room or
rooms used for single room occupancy and for the lessee of any such
multiple dwelling to permit any such accommodations of room or rooms
to be occupied by any tenant or other person unless such owner, lessee,
agent or manager has obtained a license from the Building Department
Administrator.
No license shall be issued unless the multiple
dwelling with respect to which such license is sought complies in
all respects with all laws applicable thereto and the licensee is
complying with all such laws, including but not limited to the City
of Glen Cove Housing Code, the Multiple Residence Law and the City
of Glen Cove Zoning Ordinance.
An application for a license hereunder shall
contain the name and address of the owner, agent, lessee or manager
and list of all rent paying tenants, as well as such other information
as may be required by the Building Department Administrator.
No license shall be issued and may be revoked:
A.
Character of applicant. To an applicant not of good
moral character.
B.
Fire protection. Unless each and every floor on which
rooms are occupied shall be equipped with an approved fire extinguisher
in good working condition readily accessible for use at all times.
C.
Condition of premises. Unless the exterior and interior
of such buildings are maintained in a suitable state of repair, including
but not limited to the following:
D.
Hallways, stairways. Unless all walls and ceilings
of hallways and walls and support of the stairways of such buildings
shall be covered with materials or assemblies having a fire rating
of at least one hour.
E.
Maximum occupancy. Unless no more than four persons
in the aggregate shall occupy a sleeping room.
F.
Sanitary facilities. Unless proper sanitary facilities
are provided, including one bathroom for every six persons or portion
thereof and one bathroom on every floor.
[Amended 2-13-1990[1]]
The annual fee for a license shall be as set
forth from time to time by the City Council, and all licenses shall
expire on the first day of January next succeeding the date of issuance,
unless suspended or revoked; provided, however, that if an application
for a permit is filed after July 1 of any year, the fee for such permit
for the period terminating the succeeding January 1 shall be as set
forth from time to time by the City Council.[2]
It shall be the duty of the owner, lessee, proprietor
or manager obtaining such license to display or post a copy thereof
and a copy of this chapter in a conspicuous place within the building
affected thereby.
A.
Grounds; hearing required. The Building Department
Administrator, after giving the holder of a license notice and an
opportunity to be heard, may suspend or revoke such license in any
case where the licensee makes a false statement in the application
for such license or where the licensee violates any provision of this
chapter or any law applicable to the multiple dwelling.
B.
Conduct of hearing. Any such hearing may be held by
the Building Department Administrator or by any Deputy of the Building
Department. When holding any such hearing the Building Department
Administrator or Deputy shall have power to take such testimony under
oath as he or she may deem necessary and, when taking such testimony,
shall have the power to subpoena witnesses and issue subpoenas requiring
production before him or her of all books, records and papers which
he or she may deem necessary.
Each owner, lessee, agent or manager shall keep
upon such premises a register showing the names and occupations of
all persons residing or living upon said premises and shall exhibit
the same to any member of the Police Department of the city or to
the Building Department Administrator at any reasonable time upon
demand. Upon failure to exhibit the same, such license shall be revoked.
[Amended 5-10-1994[1]]
A violation of any of the provisions of this
chapter shall constitute an offense and shall be punishable by a fine
of not less than $1,000 and not to exceed $2,000 or imprisonment not
to exceed 15 days. Each day any violation of any of the provisions
of this chapter shall continue shall constitute a separate offense.
