[HISTORY: Adopted by the Common Council of the City of Kingston 12-7-2010 by L.L. No.
9-2010, approved 12-16-2010. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 405.
It shall be unlawful, without obtaining a license from the City Clerk, for any person, firm or corporation, either as owner, tenant or agent, to run, operate or maintain in the City of Kingston, a hotel, motel, inn, boardinghouse, lodging house, rooming house, association, club or any building used in the business of renting rooms or furnishing meals with accommodations for more boarders than allowed in a single-family dwelling as set forth in Chapter 405, Zoning, of the City of Kingston.
A.
All applications for licenses or renewals thereof shall be made in
writing, in duplicate, containing the information called for, on forms
furnished by the Building Inspector/Code Enforcement Officer, and
shall be sworn to by the applicant or his or its duly authorized agent
or representative. Notwithstanding the foregoing, the applicant is
specifically required to represent on the application the maximum
occupancy limits of each room or dwelling unit offered for public
occupancy.
B.
Petition for relief from license. Any person or corporation, either as owner, tenant or agent seeking to operate or maintain a facility listed under Chapter 277 or Chapter 405 within the City may submit a petition to the City of Kingston requesting relief from the requirement to gain a license before allowing occupancy of said facility. Such petition shall be subject to approval by the City of Kingston, and no occupancy shall be allowed without a license unless approval of the City of Kingston has been previously obtained.
(1)
The City of Kingston, in making a determination to grant relief to
a person or corporation acting as owner, tenant or agent, may consider
in reaching a decision on such request any item that the City of Kingston
deems appropriate including, but not limited to the following, whether
the occupant is a victim of displacement of his/her primary residence
due to fire, flood or other catastrophe; whether the occupancy will
be temporary in nature; whether the occupant is acting in the capacity
of property manager of the facility; whether the occupant is an immediate
family member of the owner, tenant or agent in control of the facility,
etc. The City of Kingston may also consider such other terms and conditions
as the City deems appropriate.
C.
Applications under this section are required for all facilities in
existence at or prior to the adoption of this chapter by the City
of Kingston, as well as all facilities that arise any time thereafter.
[Amended 7-13-2021 by Res. No. 140-2021, approved 7-15-2021; 8-1-2023 by Res. No. 136-2023, approved8-2-2023 ]
[1]
Editor's Note: Former § 277-3, Inspection; keeping
of register required, as amended, was repealed 8-1-2023 by Res. No. 136-2023, approved8-2-2023.
No license shall be issued or renewed for a longer period than
one year, and all licenses shall expire on December 31 of each year.
All applications, properly filled out, must be filed at least 30 days
before the applicant intends to commence operations.
No license shall be issued except where the applicant has satisfied
the Building Inspector/Code Enforcement Office, after inspection by
him, that toilet and sewerage facilities are adequate and proper for
taking care of the number of guests for which the applicant proposes
to take out a license, and that an adequate supply of potable and
wholesome drinking water is at all times available, and hot water
for bathing and dishwashing; also that the building is structurally
safe and properly protected from fire, and that the rooms are adequate
as to size and ventilation.
A.
Any and all licenses or renewals thereof issued hereunder may be
revoked by resolution of the City of Kingston upon proof being made
to its satisfaction that any of the terms and conditions under which
such license is issued have been violated, or that any statements
made in the application are false. In case of revocation, no license
fee will be returned. Before the City of Kingston revokes any such
license, it will be required to give the licensee five days notice
of a hearing, which notice may be service by mail on the licensee
at the address designated on the application upon which the license
or renewal was issued. Where a license has once been revoked, no further
license for the same premises shall be issued until the owner or owners
of said premises satisfy the City of Kingston that the cause of the
revocation of said license has been removed and that said premises
in the future can and will be operated in compliance therewith.
B.
Any and all licenses or renewals thereof may also be revoked by the
City of Kingston upon proof being made to its satisfaction that the
owner, manager and/or agent of the hotel, motel, inn, boardinghouse
has, with or without actual knowledge or intent, permitted the occupancy
of any building, room or part thereof by the same guest, customer,
invitee, or permittee for more than 30 consecutive days or 90 days
total in any individual calendar year, whichever comes first, under
the same revocation proceedings as set forth previously in this section.
All licenses issued hereunder must be permanently displayed
under glass over the desk or table where the register is kept.
A.
Every violation of this chapter shall be punished by a fine of $200
for each offense. Each day that the premises are operated in violation
of this chapter constitutes a separate and distinct offense, requiring
the payment of a separate, additional fine.
B.
In addition, to the penalty above provided, the City of Kingston
also ordains that a violation of this chapter shall constitute disorderly
conduct and that the person violating the same shall be a disorderly
person.
The City of Kingston may also enforce obedience to this chapter
and restrain violations thereof by injunction and may proceed against
all violators hereof by any and every other means or method provided
by law, although not herein specifically referred to.
This chapter is enacted by authority of (§ 20, Subdivision
5 of the Municipal Home Rule Law) and any other law referenced herein
as authority herefor.
As used in this chapter, the following terms shall have the
meanings indicated:
A residential establishment where rooms are rented to transient
nonpermanent guests, on a short-term basis, with breakfast being the
only meal served to said guests.
A private dwelling in which at least three rooms are offered
for rent and table board is furnished only to roomers and in which
no transients are accommodated. A rooming house or a furnished room
house shall be deemed a "boardinghouse."
A building or portion of it which is regularly used and kept
open for lodging of transient guests on an overnight basis. The term
"hotel" or "motel" includes an apartment hotel, motor court or inn,
"tourist cabins," boardinghouse or club, or similar hotel- or motel-type
of accommodations by whatever name designated, whether or not meals
are served, and shall include those facilities commonly known as "bed-and-breakfasts."
[Amended 3-2-2021, approved 3-3-2021; 8-1-2023 by Res. No. 136-2023, approved 8-2-2023]
A building which has transient living and sleeping accommodations
for rent for at least five or more persons but no more than 10 persons.
A guest or customer of a hotel or motel the nature of which
the term of stay is limited to no more than 30 consecutive days or
90 total days in any individual calendar year.
A.
It is unlawful for any hotel, motel, inn or boardinghouse to be employed
or used as a specified crime property within the City of Kingston.
If such a building is found to be used or employed in violation of
this section, it is subject to closure for a period up to one year.
B.
It is unlawful for any person to employ, use, maintain or allow the
employment, use or maintenance of hotels, motels, inns or boardinghouses
under their ownership and/or control as specified crime property.
If a person found in violation of this subsection, he or she is subject
to civil penalties of up to $500 per day for each day the property
has been so employed, used or maintained.
C.
It is unlawful for any person to use or occupy any structure determined to be specified crime property after service of notice has been made pursuant to § 277-15.
As used in this chapter, the following terms have the meaning
given them in this section:
As used in this chapter, includes any person designated by
the City of Kingston Chief of Police as his or her delegate in the
enforcement of this chapter.
Any person, agent, firm, corporation, association or partnership,
including:
Any natural person, association, partnership or corporation
capable of owning or using property in the City of Kingston.
Any kind of hotel, motel, inn, boardinghouse or unit(s) thereof
where activity involving the unauthorized delivery or manufacture
of a controlled substance as defined in the Public Health Law, gambling
as defined in the Penal Law or prostitution as defined in the Penal
Law has occurred or is occurring.
A.
When the Chief of Police believes that a structure has been or is being used or maintained in violation of § 277-13, the Chief of Police may commence proceedings to cause the closure of the structure as well as the imposition of civil penalties against any or all of its owners. Except in cases brought pursuant to § 277-17, in the event that the Chief of Police wishes to commence proceedings:
(1)
The Chief of Police shall notify the owner(s) of record, in writing,
that the structure has been determined to be specified crime property.
The notice shall contain the following information:
(a)
The street address and a legal description sufficient for identification
of the premises on which the structure is located;
(b)
A statement of the Chief of Police has found the structure to
be in violation of this chapter with a concise description of the
conditions leading to his or her findings;
(2)
A copy of the notice shall be served on the owner and/or his or her
agent, if known, at least 10 days prior to the commencement of any
judicial action by the City. Service shall be made either personally
or by mailing a copy of the notice by registered or certified mail,
postage prepaid, return receipt requested, to each person at his or
her address as it appears on the last assessment roll as well as on
the last instrument of conveyance as recorded in the County where
the structure is located and as may be otherwise known to the Chief
of Police. If no address appears or is known to the Chief of Police,
then a copy shall be mailed first class, postage prepaid, addressed
to such person at the address of the structure believed to be specified
crime property.
(3)
A copy of the notice shall be served on the occupant of the structure
if that person is different than the owner and shall occur not less
than five days prior to the commencement of any judicial proceeding
and be made either personally or by mailing a copy of the notice by
first class mail, postage prepaid, to them at the structure. Furthermore,
a copy of the notice may be posted at the property if 10 days has
elapsed from the service or mailing of the notice to the owner(s)
and no contact has been received by the City from them during that
period of time.
(4)
The failure of any person or owner to receive actual notice of the
determination by the Chief of Police shall not invalidate or otherwise
affect the proceedings under this chapter.
B.
Concurrent with the notification procedures set forth above, the
Chief of Police shall send a copy of the notice to the Common Council
as well as any other documentation which he or she believes supports
the closure of the structure and the imposition of civil penalties.
The Common Council may then authorize the City's Corporation Counsel
to commence civil proceedings in a court of competent jurisdiction
seeking the closure of the structure as well as the imposition of
civil penalties against any or all owners thereof and any such other
relief as may be deemed appropriate. Nothing contained in this subsection
shall be construed to limit the ability of the Council prior to the
institution of judicial proceedings to enter into agreements with
an owner willing to voluntarily abate the condition(s) giving rise
to the violation.
A.
Except in a proceeding under § 277-17 if, after the commencement but prior to the trial of an action brought by the City pursuant to this chapter, an owner specifically stipulates with the City that he or she will pursue a course of action as the parties agree will necessarily abate the conditions giving rise to the violation(s), the City shall agree to stay proceedings for a period of not less that 10 nor more than 60 days. The owner or the City will thereafter petition the court for such additional like periods of time as may be necessary to complete the action(s) contemplated by the stipulation. However, in the event that the City reasonably believes the owner is not diligently pursuing the action(s) contemplated by the stipulation, it may then apply to the court for a release from the stay seeking some relief as is deemed appropriate.
B.
In an action seeking the closure of a structure as specified crime
property, the City shall have the initial burden of proof to show
by a preponderance of the evidence that the structure is a specified
crime property.
C.
In an action seeking civil penalties from an owner, the City shall
have the initial burden of proof to show by a preponderance of the
evidence that the owner had knowledge of activities or conditions
at the structure constituting a violation of this chapter.
D.
In any action brought to enforce the terms of § 277-13, evidence of a structure's general reputation and the reputation of persons residing in or frequenting it shall be admissible as competent.
E.
Except in an action brought pursuant to § 277-17B, it is a defense to an action seeking the closure of a structure that the owner of a structure at the time in question could not, in the exercise of reasonable care or diligence, determine that the structure was being used or maintained as a specified crime property.
F.
In establishing the amount of any civil penalty requested, the court
may consider any of the following factors, as they may be appropriate,
and shall cite those found applicable:
(1)
The actions taken by the owner(s) to mitigate or correct the problem
at the structure;
(2)
The financial condition of the owner(s);
(3)
Whether the problem at the structure was repeated or continuous;
(4)
The magnitude or gravity of the problem;
(5)
The economic or financial benefit accruing or likely to accrue to
the owner(s) as a result of the conditions at the structure;
(6)
The cooperativeness of the owner(s) with the City;
(7)
The cost to the City of investigating and correcting or attempting
to correct the condition;
(8)
Any other factors deemed by the court to be relevant.
A.
In the event that it is determined that the structure is an immediate threat to the public safety and welfare, the City may apply to the court for such interim relief that is deemed by the Common Council and the Corporation Counsel to be appropriate. In such an event, the notification procedures set forth in § 277-15A and the limitation of § 227-16A need not be complied with.
B.
In the event that the Chief of Police determines that a structure
is or has been used as the locale for the manufacture of controlled
substances that involve the use of toxic, flammable or explosive substances
as defined in 49 CFR 172 (1988) and/or processes that, in the opinion
of the Police Department or the Fire Department personnel, present
a continuing threat to the public's safety or welfare, the City may
obtain an order from the court preventing that structure's use or
occupancy for a period of 60 days.
(1)
No person shall enter the structure during the first 20 days of this
sixty-day period without first obtaining the prior written approval
of the City or an order of the court. After the expiration of this
twenty-day period, the owner may enter the structure to clean and
decontaminate it in accordance with guidelines established by the
Health Department.
(2)
After cleaning and/or decontaminating the structure, the owner shall
attest in writing on a form to be provided by the City and sent to
the Chief of the Fire Department that the structure has been cleaned
and/or decontaminated in accordance with the guidelines, at which
time the structure may be reused or reoccupied, provided that it is
not otherwise subject to the provisions of this chapter.
(3)
In the event that the owner fails to comply with the provisions of
the subsection (above), the City may seek an order preventing the
use or occupancy of the structure for such further time as, under
the circumstances, it deems appropriate, unless the owner shows to
the satisfaction of the court that the structure no longer presents
a continuing threat to the public's safety or welfare from the toxic,
flammable or explosive substances and/or processes.
A.
In the event that a court finds that a structure constitutes specified
crime property as defined in this chapter, the court may order that
it be closed for any period of up to one year and that the owner(s)
pay to the City a civil penalty of up to $500 per day the owner had
knowledge of activities or conditions at the structure constituting
a violation of this chapter.
B.
The court may also authorize the City to physically secure the structure against use or occupancy in the event that the owner(s) fail to do so within the time specified by the court. In the event that the City is authorized to secure the property, all costs reasonably incurred by the City to effect a closure shall be made an assessment lien upon the property. As used in this subsection, "costs" means those costs actually incurred by the City for the physical securing of the structure, as well as tenant relocation costs given pursuant to Subsection B(3) of this section.
(1)
The City department(s) effecting the closure shall prepare a statement
of costs, and the City shall thereafter submit that statement to the
court for its review. If no objection to the statement is made within
30 days, a certified copy of the statement, including legal description
of the property shall be forwarded to the City Assessor, who thereafter
shall enter the same in the City's lien docket.
(2)
Liens imposed by this chapter shall be collected in all respects
as provided for water and sewer liens and shall bear interest at the
rate of 9% per year from 10 days after the entry in the lien docket.
(3)
A tenant defined by the Real Property Tax Law is entitled to his
or her reasonable relocation costs as those are determined by the
City, if without actual notice the tenant moved in the structure after
either:
(4)
Any person who is assessed the costs of closure and/or a civil penalty
by the court shall be personally liable for the payment thereof to
the City.
Owners of a structure determined to be specified crime property
may obtain relief from the court's judgement if:
A.
They appear and pay all costs associated with the proceedings under
this chapter;
B.
They file a bond in such a place and form as the court may by order
direct in an amount not less than the tax-assessed value of the structure;
and keep said bond in force for a period not less than one year or
such period as the court directs;
C.
They enter into a stipulation with the City that they will immediately
abate the conditions giving rise to the specified crime property and
prevent the same from being established or maintained thereafter.
The stipulation will then be made part of the court's file. In the
event that the owner violates the terms of the stipulation, the City
may thereafter apply to the court for an order awarding up to the
entire amount of the aforementioned bond to the City as a penalty
as well as other relief including closure for any additional period
of up to one year, that is deemed by the court as appropriate.
In any action seeking the closure of the structure pursuant
to this chapter, the court may, in its discretion, award attorney's
fees to the prevailing party.
