[Adopted 9-12-2000 by L.L. No. 23-2000 (Ch. 277, Art. I,
of the 1985 Code)]
A.
This Legislature hereby finds that there is a demonstrated need for
congregate emergency shelters for homeless families.
B.
Therefore, the purpose of this article is to foster communication
and cooperation between government agencies, local governments and
local communities by establishment of clearly defined procedures for
selection of locations for congregate emergency shelters to protect
the interests of the homeless while still ensuring acceptance by local
communities.
As used in this article, the following terms shall have the
meanings indicated:
The Commissioner of the County Department of Social Services.
A residential facility providing temporary (nondomicile)
housing to at least four individuals or families who or which are
homeless, for which such temporary use and occupancy of the housing
facilities the owner or primary tenant of the property receives compensation,
either directly from the temporary occupant or through reimbursement
from a third party on behalf of such temporary occupant, or both.
The spouse, issue, brother, sister, parent, brother-in-law, sister-in-law,
parent-in-law, niece, nephew, grandmother, grandfather, great-grandparent
or cousin of an owner of the residential facility, which owner is
also occupying the residential facility in question as his or her
own domicile, shall not be deemed "an individual receiving treatment"
for the purposes of this definition. Said facility may also provide
ancillary services such as counseling, treatment or other support
services.
The Housing and Adult Services Division within the County
Department of Social Services.
An incorporated village if a facility is to be located therein,
or a town if the facility is to be located therein and not simultaneously
within an incorporated village.
An agency or unit of government, a voluntary agency or any
other person or organization which intends to construct, establish,
expand, modify or operate a congregate emergency shelter with the
use of government funds, assistance, sponsorship, property or approval.
A.
If a sponsoring agency intends to establish a congregate emergency
shelter within a municipality, it shall notify the Division of its
intent to locate such shelter at a specific site in writing and include
in such notice a description of the nature and size of the facility.
B.
The Division shall indicate, in writing, its support or lack of support
for the proposed congregate emergency facility based on:
(1)
The need for the facility in the proposed location.
(2)
The past performance of the sponsoring agency so that agencies which
have been denied licensing, have had licensing revoked, or have been
defunded by the Division would not be supported.
(3)
Proximity to other such facilities, so that no more than four congregate
emergency facilities within a two-square-mile area, which would substantially
alter the nature and character of the area, would be permitted.
C.
The Division shall notify the pertinent municipality, and members
of the County Legislature, with a written list of all certified congregate
emergency shelters on a quarterly basis, including the name of the
provider and location of the shelters.
D.
A congregate emergency shelter shall comply with local zoning and building codes where required by applicable law, subject to the provisions of § 438-8 of this article.
E.
Any notice provided to a municipality under this article shall also
be provided to the County Legislator representing the area in which
a site is being considered.
F.
A congregate emergency shelter shall also comply with the following
conditions:
(1)
It shall be certified by the Division, in accordance with the provisions of § 438-4 of this article, unless it has obtained a certification from a federal or state agency with pertinent jurisdiction, or unless a certification is issued by a state or federal department, office or agency that such congregate emergency shelter is being regulated by that department, office or agency. No person or sponsoring agency shall own, operate or manage a congregate emergency shelter without first obtaining such certification.
(2)
It shall have at least one trained social worker working on site
at least eight hours a day.
(4)
A facility shall not be occupied by more than 12 families receiving
services (i.e., exclusive of providers).
(5)
Staff of the congregate emergency shelter shall be fingerprinted and screened for convictions of offenses by the Commissioner of Social Services, or his/her departmental designee, using the background screening procedures established by Article III of this chapter. Staff of the congregate emergency shelter shall also be screened for referrals to the New York State Central Register of Child Abuse and Maltreatment, and for comparable convictions and referrals in other jurisdictions.
[Amended 12-7-2004 by L.L. No. 46-2004]
A.
Application for certification; qualifications; issuance of certification.
(1)
All applications for certification shall be submitted in writing
on forms furnished by the Division and shall not be accompanied by
any application fee or certification renewal fee.
(2)
The certification application shall be filed by the actual owner,
manager or operator of a sponsoring agency that plans to construct,
establish, expand, modify or operate a congregate emergency shelter
and shall be signed under oath. Where a corporation is an applicant
or a participant in an application, the application shall be signed
under oath by an officer of such corporation. Two persons or sponsoring
agencies may retain such certification if they merge and provide all
updated information to the Division regarding such merger.
(3)
All certifications shall include the residence address and telephone
number of the individual who subscribes his or her name to the application.
(4)
The Division may require the names and residence addresses of any
employees or officers of the applicant, in addition to any other information
which he or she may deem advisable and proper.
(5)
An individual applicant must be at least 18 years of age. An individual applicant shall be fingerprinted and screened for convictions of offenses by the Commissioner of Social Services, or his/her departmental designee, using the background screening procedures established by Article III of this chapter. An individual applicant shall also be screened for referrals to the New York State Central Register of Child Abuse and Maltreatment and for comparable convictions and referrals in other jurisdictions.
[Amended 12-7-2004 by L.L. No. 46-2004]
(6)
The Division shall investigate such applicant as to good character
before it shall issue the applicant a certification.
(7)
Applicants shall meet the requirements prescribed by this article
and any other rules or regulations promulgated hereunder by the Division.
(8)
The Division shall issue a certification to each applicant who has
submitted satisfactory evidence of his or her qualifications and who
has complied with all of the requirements of this article.
(9)
The Division shall not issue or renew a certification if an individual applicant or the CES staff has been disqualified by the Commissioner of Social Services, or his/her departmental designee, using the background screening procedures established by Article III of this chapter.
[Amended 12-7-2004 by L.L. No. 46-2004]
B.
Certification term, renewal and conditions.
(1)
All certifications shall be issued for a period of three years from
the date of issuance thereof and shall expire on the last day of the
36th month following such issuance. No certification fee shall be
paid upon the issuance of a certification renewal.
(2)
No certification issued hereunder shall be assignable or transferable except as hereinafter provided. The application for such transferor assignment shall be accompanied by the requirements of Subsection A of this section and by proof satisfactory to the Division that the requirements herein provided have been complied with. No assignment or transfer shall become effective unless and until the endorsement has been made on the face of the certification by the Division and such certification, so endorsed, has been returned to the assignee or transferee. All such endorsements shall be made without payment of any fee.
(a)
A certification to construct, establish, expand, modify or operate
a congregate emergency shelter issued to a person or sponsoring agency
may be assigned or transferred to a partnership or corporation for
the remainder of the certification period if such individual is a
member of such partnership or an officer of such corporation at the
time of such assignment of transfer.
(b)
A certification issued to a partnership may be assigned or transferred
to an individual for the remainder of the certification period to
any one member of such partnership, provided he or she obtains the
consent of all of the other members of such partnership.
(c)
A certification issued to a corporation may be assigned or transferred
to an individual for the remainder of the certification period to
any officer of the corporation, provided that he or she obtains the
consent of all of the other officers of such corporation.
(3)
An application for renewal of a certification by a sponsoring agency
to construct, establish, expand, modify or operate a congregate emergency
shelter shall be made on a form provided by the Division, accompanied
by the required fee. Said application shall be filed with the Division
not less than 30 days prior to the expiration of the existing certification.
Failure to file an application as above shall require the applicant
to submit an application as if it were an original application. An
application shall be filed with the Division following revocation
of a certification. A certification shall expire upon a change of
owner or operator, on the date stipulated by the Division, upon revocation,
upon death of the certification holder, upon abandonment of the facility
or property, or upon surrender to the Division.
(4)
Each certification holder shall, within 10 business days prior to
a change of address or business name, notify the Division in writing
of such change.
(5)
No certification holder shall authorize or permit the use of his
or her certification by or on behalf of any other person.
(6)
Each certification holder shall, within seven business days after
a change of address or business name, notify the Division in writing
of such change.
(7)
No congregate emergency shelter shall be eligible for a certification renewal unless such congregate emergency shelter has complied with local zoning and building codes where required by applicable law, subject to the provisions of § 438-8 of this article, and has also complied with the following conditions:
(a)
It shall have at least one trained social worker working on
site at least eight hours a day.
(b)
It shall have twenty-four-hour-per-day supervision of residents.
(c)
It shall not be occupied by more than 12 families (i.e., exclusive
of the providers).
(d)
The applicant (if an individual) and the CES staff have been fingerprinted and screened for convictions of offenses by the Commissioner of Social Services, or his/her departmental designee, using the background screening procedures established by Article III of this chapter. The applicant (if an individual) and the CES staff persons shall also have been screened for referrals to the New York State Central Register of Child Abuse and Maltreatment and for comparable convictions and referrals in other jurisdictions.
[Amended 12-7-2004 by L.L. No. 46-2004]
(e)
A certification shall not be renewed if an individual applicant or the CES staff has been disqualified by the Commissioner of Social Services, or his/her departmental designee, using the background screening procedures established by Article III of this chapter.
[Amended 12-7-2004 by L.L. No. 46-2004]
C.
Fines; suspension or revocation of certifications.
(1)
The Division shall have the power to impose a civil fine, not to
exceed $1,000, upon a person holding a certification or to suspend
or revoke a certification or to deny an application for the renewal
of a certification for any one or more of the following causes:[1]
(a)
Fraud, deceit, misrepresentation or bribery in securing a certification.
(b)
The making of any false statement in an application for a certification.
(c)
Operation of a congregate emergency shelter without obtaining
a certification therefor or, having had a valid certification which
has been suspended or revoked, continued operation of such congregate
emergency shelter under a suspended or revoked certification.
(d)
Violation of any other provision of this article or any rule
or regulation promulgated hereunder.
(2)
No certification shall be suspended or revoked nor a fine imposed until after a hearing has been conducted, in accordance with the standards and procedures set forth in Article 2 of the Suffolk County Sanitary Code.
(3)
Any congregate emergency shelter which has been found to have violated the terms and conditions of this article and/or its contract with the Division on more than two occasions, as outlined in Subsection C of this section, shall be immediately defunded, shall have its contract terminated and shall be ineligible for future certification as a congregate emergency shelter with the County of Suffolk.
D.
Requirements and restrictions. Any person holding a certification
under this article shall comply with the following:
(1)
Any congregate emergency shelter and any of its records required
to be maintained by any municipality pursuant to any rules or regulations
adopted hereunder shall be open to inspection at any time by the Division
or its duly authorized agents at any reasonable time, including, but
not limited to, normal business hours. A periodic, unannounced inspection
of said facilities by a professional shall be made to check on any
violations of this article or any regulations issued pursuant to this
article with a written report of said inspection to be sent to the
governing agency.
(2)
Any structure or structures being used as a congregate emergency
shelter shall meet the standards promulgated by the County Department
of Social Services for the protection of air, land, water and groundwater
of Suffolk County.
(3)
Buildings and grounds of a congregate emergency shelter shall be
kept clean, in good repair and free of trash and debris.
(4)
Records of the source from which any waste material was obtained
and the eventual disposition of the waste material shall be kept by
the person that owns or operates a congregate emergency shelter for
at least a five-year period.
(5)
Congregate emergency shelter staff and any individual certification holder shall have been fingerprinted and screened for convictions of offenses by the Commissioner of Social Services, or his/her departmental designee, using the background screening procedures established by Article III of this chapter. CES staff persons and any individual certification renewal applicant shall also have been screened for referrals to the New York State Central Register of Child Abuse and Maltreatment and for comparable offenses and referrals in other jurisdictions.
[Amended 12-7-2004 by L.L. No. 46-2004]
(6)
The applicant shall not utilize a CES staff person who has been disqualified by the Commissioner of Social Services, or his/her departmental designee, using the background screening procedures established by Article III of this chapter.
[Amended 12-7-2004 by L.L. No. 46-2004]
(7)
CES staff and any individual certification holder shall have a continuing
responsibility to report a conviction for any offense and a referral
to the New York State Central Register of Child Abuse and Maltreatment
(and comparable convictions or referrals in other jurisdictions) to
the Commissioner of Social Services, or his/her designee.
[Added 12-7-2004 by L.L. No. 46-2004]
A.
Section 438-3A through F of this article shall apply to the site selection of congregate emergency shelters proposed on or after the effective date of this article. For the purposes of § 438-3A through F of this article, a congregate emergency shelter shall be considered proposed in the case of an existing building when a lease has been submitted for approval and, in the case of a new building, when a governmental agency has been requested to approve funds for actual construction of such facility. Section 438-3A through F of this article shall not apply to existing facilities which have received all necessary municipal approval and permits and which conform to the zoning laws and regulations of the pertinent municipality, except as to proposals to modify or expand such facilities.
D.
Section 277-3 of this article shall not apply to scattered site housing
where one family is living in a single-family residence.
All records required by the Division shall be filed with the
Director from time to time as required by the Director.
The County Department of Social Services shall issue and promulgate
such rules and regulations as it shall deem necessary and appropriate
to implement the licensing provisions of this article.
Any congregate emergency shelter that is not in compliance with
local zoning or building codes, ordinances and/or regulations shall
have 60 days from the date of notification by the pertinent town or
village to correct the condition. If the shelter fails to comply,
the contract shall be terminated by the County Department of Social
Services and all payments by the Department shall then cease.
This article shall be null and void on the day that statewide
or nationwide legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this
article, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
the County of Suffolk. The County Legislature may determine, via mere
resolution, whether or not identical or substantially similar statewide
legislation has been enacted for the purposes of triggering the provisions
of this section.
A.
Any intentional violation of § 438-3F(1) of this article shall constitute a Class A misdemeanor punishable by a fine of up to $1,000 and/or a term of imprisonment of up to one year in jail.
B.
Any violation of any provision of § 438-3F or 438-4 of this article, or of any rule or regulation promulgated hereunder, shall also be punishable, upon proof thereof, by the payment of a civil penalty in the sum of not more than $1,000 for each such violation, to be recovered in a civil action. Each day that the violation continues shall be deemed a separate violation.
C.
Whenever any person has engaged in any acts or practices which constitute repeated or persistent violations of § 438-3F of this article, or any rule or regulation promulgated hereunder, the County Attorney, upon the request of the Director, may commence an action in the name of the County for a restraining order, temporary or permanent injunction, or other equitable relief.
