[HISTORY: Adopted by the Board of Trustees of the Village
of Sleepy Hollow 10-15-1996 by L.L. No. 10-1996 (Ch. 34 of the 1965
Code). Amendments noted where applicable.]
As a legislative determination, it is deemed necessary to the
safety, health and general welfare of the residents of the Village
of Sleepy Hollow that certain types of residential establishments
within the Village be regulated due to the severe overcrowding, congested
conditions and depletion of parking they create. It is the purpose
of this chapter to ensure the health, safety, comfort and general
welfare of the inhabitants of the community.
[Amended 1-22-2013 by L.L. No. 1-2013]
Notwithstanding any other provisions which may be contained
in the Village Code of Sleepy Hollow, as used in this chapter, the
following terms shall have the meanings indicated:
A person who permanently occupies a room in a dwelling unit
for sleeping purposes for which he or she pays compensation to the
property owner, lessee, or other tenant occupying the dwelling.
A building which contains one or more rooming units and in
which space is occupied or intended to be occupied by persons who
are not husband or wife, son or daughter, mother or father, or sister
or brother of the owner and operator and in which no table board is
provided.
No rooming house or boardinghouse which furnishes lodging or
rooming accommodations for hire within the same shall exist or be
maintained within the Village without a permit, which shall be issued
by the Board of Trustees of the Village of Sleepy Hollow, New York,
as hereinafter provided.
[Amended 2-27-2001 by L.L. No. 3-2001]
No permit shall be issued hereunder and any permit heretofore
or hereafter issued shall be subject to revocation unless the applicant
or holder of such permit fully complies with the following requirements:
A.
The applicant shall be the individual owner of such premises and
shall be of good moral character.
B.
The maximum number of roomers or boarders shall be four.
C.
There shall be no more than one person occupying a room as a roomer
or boarder, and such room shall have a minimum of 100 square feet
of floor space. More than one person may occupy a single room if related
by blood or marriage, provided that the room shall be of such size
as to provide a minimum of 75 square feet of floor area for each person.
D.
Rooming houses and boardinghouses legally operating and duly permitted at the time of the adoption of this chapter, as amended, which may be nonconforming uses under Chapter 450, Zoning, of the Code of the Village of Sleepy Hollow shall be entitled to the issuance of a permit upon compliance with all provisions of this chapter, except Subsections A, B and C of this section under applications made prior to and for the permit year ending December 31, 2001. After said date, no permit shall be issued to any applicant unless such applicant fully complies with all of the provisions of this chapter, including said Subsections A, B and C of this section. Notwithstanding the above, provisions regarding nonconformity shall not apply to any use established or building or structure erected in violation of law, regardless of the time of establishment or erection.
[Amended 1-22-2013 by L.L. No. 1-2013]
E.
All permitted rooming houses and boardinghouses shall be subject
to inspections at all reasonable hours by properly authorized representatives
of the Village of Sleepy Hollow. Failure to comply with this provision
shall constitute a ground for immediate revocation of the permit.
An application for a permit shall be in writing upon printed
forms furnished by the Village Clerk stating:
A.
The name, age and occupation of the applicant.
B.
The residence of the applicant.
[Amended 2-27-2001 by L.L. No. 3-2001]
C.
The experience of the applicant in such a business.
D.
The location by street number where the occupation or business is
to be carried on.
[Amended 2-27-2001 by L.L. No. 3-2001]
[Amended 2-27-2001 by L.L. No. 3-2001]
Notwithstanding anything contained herein to the contrary, all
rooming houses and boardinghouses located within the Village of Sleepy
Hollow shall comply with the installation of a fire sprinkler system
meeting the requirements of the standards of the National Fire Protection
Association relating to installations in these occupancies on or before
December 31, 2001. In order to obtain a temporary permit to operate,
current owners shall provide to the Village of Sleepy Hollow a signed
contract for the installation of the required fire protection system
prior to obtaining said temporary permit.
[Amended 2-27-2001 by L.L. No. 3-2001]
Any person operating such a rooming house or boardinghouse pursuant to the provisions of this chapter shall keep upon such premises a list showing the names of all persons residing or living in or upon said premises and shall exhibit said list to any authorized representative of the Village of Sleepy Hollow at any reasonable time upon demand, and the failure to so exhibit same shall constitute a violation and be punished in accordance with § 139-8.
[Amended 1-22-2013 by L.L. No. 1-2013]
Any person or persons violating any provisions of this chapter
shall be liable to a civil penalty of not less than $250 nor more
than $1,000 for each day or part thereof during which such violation
continues; which fine shall be increased to not less than $500 nor
more than $2,500 for subsequent violations. The civil penalties provided
by this section shall be recoverable in an action instituted in the
name of this Village. In addition to the fine, the Court may impose
a one-year conditional discharge requiring the defendant to permit
access to the Department to reinspect the premises from time to time
during the period of the conditional discharge.
[Amended 1-22-2013 by L.L. No. 1-2013]
The fee for any permit required by the provisions of this chapter
shall be at the levels fixed from time to time by resolution of the
Board of Trustees of the Village of Sleepy Hollow or by local law.
A.
No permit shall be issued or renewed for a longer period than one
year, and all permits shall expire on December 31 of each year. All
applications, properly filled out, must be filed with the Village
Clerk of the Village of Sleepy Hollow at least 30 days prior to the
expiration of the previous permit or 30 days before the applicant
intends to commence operations.
B.
The permit fee for the issuance of a permit hereunder or for subsequent
renewals thereof is hereby established for the whole part of the calendar
year.
C.
Said permit shall be automatically null and void upon changing of
ownership of the subject premises.
Anything contained in any other local law of the Village to
the contrary notwithstanding, the provisions of this chapter shall
supersede such contrary provisions.
The provisions of the Public Health Law, Building Code and Sanitary
Code of the State of New York applicable to boardinghouses and/or
rooming houses shall apply to every boardinghouse and rooming house
in the Village of Sleepy Hollow.
