[Adopted 7-14-1997 by L.L. No. 8-1997 (Ch.
56 of the 1968 Code)]
The Village Board of the Village of Patchogue
has determined that there exist in the Village of Patchogue serious
conditions arising from the rental of dwelling units that are substandard
or in violation of the New York State Uniform Fire Prevention and
Building Code and other codes and ordinances applicable within the
Village of Patchogue; are inadequate in size, overcrowded and dangerous;
that such dwelling units pose hazards to life, limb and property of
residents of the Village of Patchogue and others; tend to promote
and encourage deterioration of the housing stock of the Village of
Patchogue; create blight, excessive vehicle traffic and parking problems;
and overburden municipal services. The Board finds that current Code
provisions are inadequate to halt the proliferation of such conditions
and that the public health, safety, welfare and good order governance
of the Village of Patchogue will be enhanced by enactment of the regulations
set forth in this article, which regulations are remedial in nature
and effect.
[Amended 10-12-2004 by L.L. No. 9-2004]
A. Scope. This article shall apply to all rental dwelling
units located within the Village of Patchogue, whether or not the
use and occupancy thereof shall be permitted under the applicable
use regulations for the zoning district in which such rental dwelling
unit is located, as provided in this article. Any dwelling unit, rooming
house unit, boardinghouse unit or any other premises subject to this
article shall be presumed to be rented for a fee and a charge made
if said premises are not occupied by the legal owner thereof.
B. Applicability. The provisions of this article shall
be deemed to supplement applicable state and local laws, codes and
regulations. Nothing in this article shall be deemed to abolish, impair,
supersede or replace existing remedies or existing requirements of
any other provision of state or local law or code or regulation. In
case of conflict between any provision of this article and any applicable
state or local law, code or regulation, the more restrictive or stringent
provision or requirement shall prevail. The issuance of any permit
or the filing of any form under this article does not make legal any
action or state of facts that is otherwise illegal, unlawful or unpermitted,
or otherwise in contravention of any other applicable law, code, rule
or regulation.
[Amended 11-24-1997 by L.L. No. 17-1997; 8-13-2001 by L.L. No. 5-2001; 10-12-2004 by L.L. No. 9-2004]
A. The Senior Building Inspector, or his designee, shall
review each application for completeness and return incomplete applications
or advise the owner that the application is complete within two weeks
of receipt of the application by the Village. Within 30 days of receiving
notice from the Village of Patchogue of receipt of a complete application,
the owner of the rental dwelling unit shall, at the owner's election:
arrange for an inspection of the unit or units and the premises on
which the same are located by a Code Enforcement Officer employed
by the Village; or shall provide to the Village sufficient evidence,
certified by a licensed engineer, that the structure and the dwelling
units contained therein meet all applicable housing, sanitary, building,
electrical and fire codes, rules and regulations.
B. Upon completion of the inspection by a Village Code
Enforcement Officer, he shall issue findings in a written report,
the format of which will be provided by the Village Building and Housing
Department.
C. Upon completion of the inspection by a licensed engineer
hired by the owner, he shall issue findings in a written report, the
format of which will be provided by the Village Building and Housing
Department.
D. The inspection and report shall be completed and filed
with the Village Building and Housing Department within 120 days of
the notice of completion of the application. If the report states
that the proposed rental dwelling unit or units, as well as the premises
in which the same are located, comply fully with all applicable state
and local laws, rules and regulations and that such rental dwelling
unit or units do not create an unsafe or dangerous condition, the
Senior Building Inspector or his designee shall issue the permit,
which shall state the name and address of the owner of the subject
property, the maximum number of occupants and the number of conventional
bedrooms for the structure.
[Amended 9-26-2005 by L.L. No. 12-2005]
[Amended 7-10-2023 by L.L. No. 8-2023]
All permits issued pursuant to this article
shall be valid for a period of two years from the date of the Building
and Housing Department's receipt of a completed application.
It shall be the duty of the Senior Building
Inspector to maintain a register of permits issued pursuant to this
article. Such register shall be kept by street address, showing the
name and address of the permittee, the number of rental dwelling units
at such street address, the number of rooms in each such rental dwelling
unit and the date of expiration of permit for such unit.
[Amended 3-26-2007 by L.L. No. 3-2007]
It shall be unlawful and a violation of this
article and an offense within the meaning of the Penal Law of the
State of New York for any owner to permit any tenant(s) or other person(s),
to take up residence by a rental occupancy in any dwelling unit without
the owner's first having completed and filed with the Code Enforcement
Officer a rental registration form approved by the Senior Building
Inspector, and bearing the signature of the owner acknowledging the
requirements of such permit.
[Amended 2-14-2005 by L.L. No. 2-2005]
A. It shall be unlawful and a violation of this article,
and an offense within the meaning of the Penal Law of the State of
New York, for any real estate broker or agent to list, advertise,
show or otherwise offer for lease, rent or sale on behalf of the owner
as a residence with a rental dwelling unit or units any residence
or residential dwelling unit for which a current rental occupancy
permit is not in force. It shall be the real estate broker's or agent's
duty to verify the existence of a valid rental occupancy permit before
acting on behalf of the owner.
B. It shall be unlawful and a violation of this article,
and an offense within the meaning of the Penal Law of the State of
New York, for any real estate broker or agent to list, advertise,
show or otherwise offer for lease, rent or sale on behalf of the owner
any residential dwelling in a manner inconsistent with the use reflected
on the certificate of occupancy, certificate of zoning compliance,
certificate of existing use or special permit issued for the premises.
It shall be the real estate broker's or agent's duty to verify the
legal status of the premises before acting on behalf of the owner.
C. It shall be unlawful and a violation of this article,
and an offense within the meaning of the Penal Law of the State of
New York, for any real estate broker or agent to list, advertise,
show or otherwise offer for lease, rent or sale on behalf the owner
or such other person acting in the owner's behalf any residential
dwelling in a manner inconsistent with the number of rooms, bedrooms,
kitchens or units, identified on the property card for the premises
maintained by the Village of Patchogue for such structure. It shall
be the real estate broker or agent's duty to verify the legal status
of the premises before advertising the premises on behalf of the owner,
or such other person acting in the owner's behalf.
[Added 4-23-2007 by L.L. No. 5-2007]
[Amended 4-23-2007 by L.L. No. 6-2007]
Any person, association, estate, trust, firm
or corporation or other entity which violates any provision of this
article or assists in the violation of any provision of this article
shall be guilty of a violation as that term is defined in the New
York Penal Law and which is punishable:
A. By a fine not exceeding $5,000 or by imprisonment
for a period not to exceed 15 days, or both, for a conviction of a
first offense, and by a fine not exceeding $5,000 or by imprisonment
for a period not to exceed 15 days, or both for any additional offense(s)
of this article that are charged.
B. Each month that the violation continues to exist shall
constitute a separate and distinct offense.
C. The Building Inspector or his designee shall be responsible
for investigating and documenting violations of any case of illegal
over-occupancy within the Village or for failure to comply with the
provisions of this article with regard to illegal advertisements.
D. The Village Attorney shall be authorized to institute
an action in the Supreme Court for the State of New York, County of
Suffolk, for appropriate relief, including injunctive relief and may
seek the imposition of all costs related to such action to be charged
against the property, which such charges shall be collected as additional
tax.
[Added 6-8-2020 by L.L.
No. 6-2020]
Notwithstanding the provisions set forth in this article, a
rental occupancy permit issued pursuant to this article that expired
on or between March 7, 2020, and the enactment of this section or
will expire within three months of the enactment of this section,
may be extended for a period of up to six months upon approval by
the Senior Building Inspector of an application for a permit extension.
Said application shall be on a form designated by the Senior Building
Inspector and the Senior Building Inspector shall have discretion
in determining the extension period. An inspection of the premises
to be rented shall not be required if applicant avers in the application
that the premises complies fully with all applicable state and local
laws, rules and regulations and that such rental dwelling unit or
units do not create an unsafe or dangerous condition. This section
shall expire 12 months from its enactment.