Town of Riverhead, NY
Suffolk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Riverhead 9-6-2006 by L.L. No. 34-2006 (Ch. 86 of the 1976 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Buildings, building construction and improvements and housing standards — See Ch. 217.
The Town Board of the Town of Riverhead has determined that there exist in the Town of Riverhead 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, Multiple Residence Law, Town of Riverhead Housing Code, Building Rehabilitation Code, Electrical Code, Fire Prevention Code, Plumbing Code and other codes and ordinances of the Town, are inadequate in size, overcrowded and dangerous, that such dwelling units pose hazards to life, limb and property of residents of the Town and others, tend to promote and encourage deterioration of the housing stock of the Town, create blight and 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 and governance of the Town will be enhanced by the enactment of the regulations set forth in this chapter, which regulations are remedial in nature and effect.
A. 
Scope. This chapter shall apply to all rental dwelling units located within the Town of Riverhead, 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 chapter. Any dwelling unit or any other premises subject to this chapter 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 chapter shall be deemed to supplement applicable state and local laws, ordinances, codes and regulations. Nothing in this chapter shall be deemed to abolish, impair, supersede or replace existing remedies of the Town, county or state or existing requirements of any other provision of local laws or ordinances of the Town or county or state laws and regulations. In case of conflict between any provisions of this chapter and any applicable state or local law, ordinance, 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 chapter does not make legal any action or state of facts that is otherwise illegal under any other applicable legislation.
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED HOUSEHOLD CONTENTS
Furniture, furnishings, housewares, appliances and other personal property customarily found in and used in residential dwellings, which are deposited at or along said dwelling's street frontage, in part or in whole, pursuant to a duly executed warrant of eviction by legally authorized law enforcement officers and/or personnel.
APARTMENT HOUSE
A dwelling for three or more families living independently of each other.
APARTMENTS, GARDEN
A group of buildings not more than 2 1/2 stories in height, each building containing not more than eight dwelling units. If buildings are attached, they shall not contain in the aggregate more than 16 dwelling units. No portion of any such building below the first story or above the second story shall be used for dwelling purposes.
AUTHORIZED AGENT
Any person, organization, partnership, association, corporation or other legally recognized entity given express written authorization by an owner to act on his behalf regarding this chapter and all state and local rules, regulations and ordinances referenced herein.
CODE ENFORCEMENT OFFICIAL
The official who is charged with the administration and enforcement of this chapter, or any duly authorized representative of such person, including but not limited to the Building Inspector, Chief Building Inspector, Principal Building Inspector, Senior Building Inspector, Building Permits Coordinator, Zoning Inspector, Electrical Inspector, Plumbing Inspector, Fire Marshal, Fire Marshal I, Fire Marshal II, Chief Fire Marshal, Town Investigator, Senior Town Investigator, Ordinance Enforcement Officer or Ordinance Inspector of the Town of Riverhead, and such person(s) shall be certified as a New York State Code Enforcement Official.
CONDOMINIUM
A dwelling unit in a housing complex of one-, two- or multiple-family dwelling units with an arrangement whereby the occupants or an occupant of each unit has full title to that particular unit and a joint ownership with all other title holders in the housing complex of certain common property.
DWELLING
A building designed exclusively for residential purposes and arranged or intended to be occupied by one individual or one family only.
DWELLING, MULTIPLE-FAMILY
A building, other than a garden apartment or apartment house, designed for and occupied as a residence by three or more families living independently of each other.
DWELLING, ONE-FAMILY
A detached building designed for and occupied exclusively as a home or residence by not more than one family.
DWELLING, TOWNHOUSE
A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more common fire-resistant walls.
DWELLING, TWO-FAMILY
A building arranged, designed for or occupied exclusively as a home or residence for not more than two families living independently of each other.
DWELLING UNIT
A single unit within a building or structure providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
[Amended 2-17-2016 by L.L. No. 7-2016]
A. 
One or more persons, whether or not related to each other by blood, marriage or adoption, all occupying a single, whole, legal single or one-family dwelling unit as a traditional family or the functional equivalent of a traditional family, shall be considered a family, and further provided that persons occupying group quarters, such as a dormitory, fraternity or sorority house or a seminary, shall not be considered a family, having access to and utilizing the whole of such dwelling unit, including but not limited to all rooms and housekeeping facilities, in common.
B. 
In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present:
(1) 
The group is one which in structure and function resembles a traditional family unit; and
(2) 
The occupants must share the entire single or one-family dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family; and
(3) 
The adult occupants share expenses for food, rent, ownership costs, utilities and other household expenses; and
(4) 
The occupancy is permanent and stable. Evidence of such permanence and stability includes, but is not limited to:
(a) 
The presence of minor children regularly residing in the household who are enrolled in local schools;
(b) 
Members of the household have the same address for purposes of voter registration, driver's licenses, motor vehicle registration, filing of taxes and delivery of mail;
(c) 
Members of the household are employed in the area;
(d) 
The household has been living together as a unit for a year or more, whether in the current dwelling unit or in other dwelling units;
(e) 
Common ownership of furniture and appliances among the members of the household; and
(f) 
Any other factor reasonably related to whether or not the occupants are the functional equivalent of a family.
IMMEDIATE FAMILY
The immediate family of the owner of a dwelling unit consists of the owner's spouse, children, parents, grandparents or grandchildren.
MANAGING AGENT
Any individual, business, partnership, firm, corporation, enterprise, trust, company, industry, association, public utility or other legal entity responsible for the maintenance or operation of any rental property as defined within this chapter.
MOBILE HOME
A detached single-family dwelling unit with all of the following characteristics:
[Added 5-7-2019 by L.L. No. 13-2019]
A. 
Designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower, bath and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems.
B. 
Designed to be transported after fabrication on its own wheels or on flatbed or other trailers or detachable wheels.
C. 
Arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on foundation supports, connections to utilities and the like.
MOBILE HOME OR TRAVEL TRAILER LOT
[Added 5-7-2019 by L.L. No. 13-2019]
A designated site within a mobile home or travel trailer park for the exclusive use of a single mobile home or travel trailer.
MOBILE HOME OR TRAVEL TRAILER PARK
A parcel of land which has been planned and improved for the placement of two or more mobile homes or travel trailers.
[Added 5-7-2019 by L.L. No. 13-2019]
NEW PERMIT
A permit which is to be issued to the owner of an intended rental premises where such premises has not been the subject of a rental occupancy permit continuously prior to the date of application for the permit.
OCCUPANT
A natural person who leases, uses or occupies a dwelling unit.
OWNER
Any person or entity in whose name the real property upon which the dwelling unit is situated is recorded in the office of the Suffolk County Clerk. The person or entity in whose name the real property is recorded in the office of the Suffolk County Clerk shall be presumed to be the owner thereof.
RENEWAL RENTAL OCCUPANCY PERMIT
A permit which is to be issued to the owner of a rental dwelling unit where such premises has been the subject of a rental occupancy permit continuously prior to the date of application for the permit.
RENT
A return, in money, property or other valuable consideration (including payment in kind or for services or other thing of value), for the use and occupancy or the right to the use and occupancy of a dwelling unit, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof.
RENTAL DWELLING
A dwelling unit established, occupied, used or maintained for rental occupancy.
RENTAL OCCUPANCY
The occupancy or use of a dwelling unit by one or more persons as a home or residence under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use.
RENTAL OCCUPANCY PERMIT
A permit which is issued upon application to the Code Enforcement Official and shall be valid for two years from the date of issuance.
RENTAL OCCUPANCY REGISTRATION
The registration of a rental dwelling on a form that is approved by the Code Enforcement Official.
TRANSIENT
A rental period of 29 days or less.
[Added 10-16-2013 by L.L. No. 17-2013]
A. 
It shall be unlawful and a violation of this chapter for person or entity who owns, or is a managing agent of, as defined in this chapter, a dwelling unit in the Town, to use, establish, maintain, operate, let, lease, rent, or suffer or permit the occupancy and use thereof as a rental occupancy by someone other than the owner without first having obtained a valid rental occupancy permit therefor. Failure or refusal to procure a rental occupancy permit hereunder shall be deemed a violation.
[Amended 10-17-2017 by L.L. No. 21-2017]
B. 
A rental occupancy permit issued under this chapter shall only be issued to the owner(s) of the real property at issue.
C. 
In the event that the ownership of a rental dwelling is transferred, the new owner shall register the property within 30 days of the closing of title pursuant to the requirements set forth in this chapter, as a rental occupancy permit issued under this chapter is not transferable. If the rental dwelling is not registered as required by this chapter, there will be a presumption that said property is being utilized as rental property by the new owner(s) in violation of this chapter.
D. 
Transient rentals.
[Added 10-16-2013 by L.L. No. 17-2013]
(1) 
A transient rental is prohibited.
(2) 
The prohibition on transient rental shall not apply to the following: any legally operating commercial hotel/motel business or bed-and-breakfast establishment operating exclusively and catering to transient clientele, that is, customers who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel business.
A. 
An application for a rental occupancy permit for a rental dwelling unit shall be made in writing to the Code Enforcement Official on a form provided therefor. Such application shall be filed and shall include the following:
(1) 
The name, address and telephone number of the owner of the dwelling unit intended for rental occupancy. In the event that said dwelling unit is owned by more than one individual or entity, each owner's name, address and telephone number shall be provided. In the event that the owner of the dwelling unit intended for rental occupancy is a corporation, partnership, limited-liability company or other business entity, the name, address and telephone number of each owner, officer, principal, shareholder, partner and/or member of such business entity shall be provided. In the event that the owner has an authorized agent acting on his behalf, that person's name, address and telephone number shall also be provided.
(2) 
Proof of residency of each owner.
(3) 
The street address and Tax Map designation (section, block and lot or lots) of the premises intended for rental occupancy or the premises in which the rental dwelling units intended for occupancy are located.
(4) 
A description of the structure, including the number of rental dwelling units in the structure.
(5) 
A floor plan depicting the location, use and dimension of each room situated within the dwelling unit.
(6) 
The number of persons intended to be accommodated by, and to reside in, each such rental dwelling unit.
(7) 
The name of each person that is and/or will be occupying the premises intended for rental occupancy. The name of each person that is and/or will be occupying the premises intended for rental occupancy shall not be required if:
(a) 
The rental dwelling unit only operates during a one-hundred-fifty-day period in the months of May, June, July, August and September and the person that is or will be occupying said rental dwelling unit shall not be occupying such rental dwelling unit for more than 30 consecutive days; or
(b) 
Said rental dwelling unit is a commercial hotel/motel business operating exclusively and catering to transient clientele, that is, customers who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel operation. For the purposes of this chapter, a "short duration" shall be defined as not more than 21 consecutive days.
(8) 
A copy of the most recent deed and real property tax bill, confirming the ownership of record of the dwelling unit.
(9) 
A copy of the certificate of occupancy or certificate of existing use for the dwelling unit.
(10) 
A property survey of the premises drawn to scale not greater than 40 feet to one inch or, if not shown on the survey, a site plan, drawn to scale, showing all buildings, structures, walks, driveways and other physical features of the premises and the number, location and access of existing and proposed on-site vehicle parking facilities.
(11) 
A building permit application, properly prepared, for all proposed buildings, improvements and alterations to existing buildings on the premises, if any.
(12) 
Each application shall be executed by and sworn to under oath by the owner of the dwelling unit.
(13) 
If the owner or authorized agent of a dwelling unit resides or has his principal place of business located outside the County of Suffolk, he is required to designate an agent who resides in the County of Suffolk for the service of process of any notices set forth in this chapter or for the service of process of a violation of this chapter. The failure to provide the name and address of an agent for service of process shall be deemed a violation of this chapter.
B. 
New applications.
(1) 
A new application for a rental occupancy permit shall be filed whenever a dwelling unit or portion thereof, other than a rental dwelling unit that only operates during a one-hundred-fifty-day period in the months of May, June, July, August and September, has become vacant and the owner intends to permit a new tenant or other person to take up residence. No additional fee will be required if the owner is registering a change in tenancy only under an existing valid rental occupancy permit.
(2) 
A rental dwelling unit that only operates during a one-hundred-fifty-day period in the months of May, June, July, August and September shall be required to file a new application for a rental occupancy permit if any tenant occupies said rental dwelling unit for a period of 30 consecutive days or more. No additional fee will be required if the owner is registering a change in tenancy only under an existing valid rental occupancy permit.
C. 
In the case of a condominium unit, the application for a rental occupancy permit shall be accompanied by a scale drawing or floor plan of the condominium unit in lieu of a survey or site plan.
D. 
Each application for a rental occupancy permit shall be accompanied by an affidavit, signed by each owner and tenant named in the application, confirming that they have received copies of all Town laws and ordinances affecting rentals, noise, vehicle parking restrictions on residential lots and refuse disposal and agree to abide by the same.
E. 
Notwithstanding the above, no rental occupancy permit shall be required for agricultural worker housing as defined in § 301-3 of the Riverhead Town Code.
F. 
Notwithstanding the above, no rental occupancy registration or permit shall be required for a residential care facility established under federal, New York State or Suffolk County guidelines or for units where occupants are in an established care program.
G. 
Notwithstanding the above, no rental occupancy permit shall be required for any commercial hotel/motel business operating exclusively and catering to transient clientele, that, is customers who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel operation, except that the exemption in this Subsection G shall not apply to any commercial hotel/motel whose primary purpose is to provide permanent residences to its customers as defined in this chapter.
[Added 2-17-2016 by L.L. No. 7-2016]
[Amended 7-3-2007 by L.L. No. 22-2007; 2-17-2016 by L.L. No. 7-2016]
A. 
A nonrefundable biennial permit application fee shall be paid, upon filing an application for a rental occupancy permit or for a renewal rental occupancy permit, in accordance with the following schedule of rental dwelling units per structure:
Type of Dwelling
Fee
1-unit
$300
2-unit
$400
3-unit
$500
4-unit
$650
More than 4 units
$1,000, plus $100 for each unit in excess of 5
B. 
The fee required by this section shall be waived for any applicant who demonstrates that the dwelling unit is occupied by the immediate family of the owner of the dwelling unit as defined in this chapter.
C. 
Any commercial hotel/motel business operating exclusively and catering to transient clientele, that, is customers who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel operation, shall be exempt from the fee required by this section. For the purposes of this chapter, a "short duration" shall be defined as not more than 21 consecutive days. The exemption in this Subsection C shall not apply to any commercial hotel/motel whose primary purpose is to provide permanent residences to its customers, and they shall pay a biennial fee of $1,000 per application, plus $100 for each unit. For the purposes of this chapter, "permanent residence" shall be defined as more than 21 consecutive days.
D. 
Any rental dwelling unit that only operates during a one-hundred-fifty-day period in the months of May, June, July, August and September only shall pay a biennial fee of $50 per unit.
E. 
Notwithstanding any other section of this chapter, any violation of § 263-6 for the failure to obtain or timely renew a rental permit by the owner(s) and/or tenant(s) shall be punishable as follows:
(1) 
By a fine of not less than $250 and not exceeding $1,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense.
(2) 
By a fine of not less than $1,000 nor more than $3,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of two offenses, both of which were committed within a period of five years.
(3) 
By a fine of not less than $2,000 nor more than $5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the third or subsequent offenses of a series of offenses, all of which were committed within a period of five years.
F. 
Each week's continued violation shall constitute a separate additional violation.
[Amended 5-7-2019 by L.L. No. 13-2019]
A. 
No rental occupancy permit or renewal thereof shall be issued under any application unless the property shall be in compliance with all the provisions of the Code of the Town of Riverhead, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York.
B. 
Prior to the issuance of any rental occupancy permit or renewal thereof, the property owner shall provide a certification from a licensed architect, a licensed professional engineer or a Code Enforcement Official that the property which is the subject of the application is in compliance with all of the provisions of the Code of the Town of Riverhead, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York.
C. 
In the case of mobile home units situated within a mobile home park, it shall be the responsibility of the applicant and owner of such unit to provide a copy of the permit issued hereunder to the office, owner, agent and/or manager of the mobile home park within 30 days of same being issued.
The Code Enforcement Official shall review each rental permit application for completeness and accuracy and shall make an on-site inspection of the proposed rental dwelling unit or units unless the property owner has chosen to provide a certification from a licensed architect or a licensed professional engineer that the property which is the subject of the application is in compliance with all of the provisions of the Code of the Town of Riverhead, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. If satisfied 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, ordinances, rules and regulations of the county and Town, and that such rental dwelling unit or units would not create an unsafe or dangerous condition or create an unsafe and substandard structure as defined in the Riverhead Town Code or create a nuisance to adjoining nearby property, the Code Enforcement Official shall issue the rental occupancy permit or permits.
A. 
All rental occupancy permits issued pursuant to this chapter shall be valid for a period of two years from the date of issuance.
B. 
Renewals.
(1) 
A renewal rental occupancy permit application signed by the owner on a form provided by the Code Enforcement Official shall be completed and filed with the Code Enforcement Official no later than 60 days before the expiration of any prior valid rental occupancy permit. A renewal rental occupancy permit application shall contain a copy of the prior valid rental occupancy permit issued by the Code Enforcement Official.
(2) 
A renewal rental occupancy permit application shall contain a signed sworn statement setting forth the following:
(a) 
That there are no existing or outstanding violations of any federal, state or county laws, rules or regulations or of any Town of Riverhead local laws or ordinances pertaining to the property; and
(b) 
That there are no changes to any information as provided on the prior valid rental occupancy permit registration and application.
It shall be the duty of the Code Enforcement Official to maintain a register of the rental occupancy permits issued pursuant to this chapter. Such register shall be kept by Tax Map number, license number, receipt number and 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 that said rental occupancy permit expires for such unit.
The Code Enforcement Official is authorized to make, or cause to be made, inspections to determine the condition of rental dwelling units to safeguard the health, safety and welfare of the public. The Code Enforcement Official is authorized to enter, upon consent of the owner if the unit is unoccupied, or upon consent of the occupant if the unit is occupied, any rental dwelling unit and the premises in which the same is located, at any reasonable time during daylight hours, or at such other time as may be necessary in an emergency, without consent of the owner, authorized agent and/or tenant for the purpose of performing his duties under this chapter.
The Code Enforcement Official is authorized to make application to any court of competent jurisdiction for the issuance of a search warrant in order to conduct an inspection of any premises covered by this chapter where the owner refuses or fails to allow an inspection of its rental premises and where there is reasonable cause to believe that a violation of this chapter has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York.
Nothing in this chapter, except for provisions concerning emergency inspections, shall be deemed to authorize the Code Enforcement Official to conduct an inspection of any premises subject to this chapter without the consent of the owner of the premises and without a warrant duly issued by an appropriate court.
A. 
Duty to keep frontage of dwelling unit property free and clear of abandoned household contents and Town's authority to remove. The owner, authorized agent, managing agent and/or occupant of a dwelling unit which is or was being used as a rental dwelling shall maintain such property frontage, including but not limited to the front yard and/or the contiguous right-of-way, free of abandoned household contents as defined in this chapter. In the event that abandoned household contents as defined in this chapter are located upon or contiguous with the frontage and/or abutting right-of-way of a lot or parcel of land, for a period in excess of 48 hours, the Town is hereby authorized, as provided for herein, to enter upon such property, if necessary, to remove said abandoned household contents so located, to assess the cost and expense of such undertaking against the property and to establish a lien as herein provided.
B. 
Inspection and report. Upon notification that abandoned household contents are located on or along the property frontage of a rental dwelling unit and/or the right-of-way contiguous thereto, the Code Enforcement Official may make an inspection thereof and report his findings concerning the same to the Town Board.
C. 
Notice. If the Code Enforcement Official shall find that abandoned household contents are located on or contiguous to the frontage of rental dwelling unit property, he may make an order, directing notice to be served upon the owner of said property as appears in the records of the Receiver of Taxes of the Town.
D. 
Contents of notice. The notice shall contain a general description of the property, a statement of the particulars with regard to the violative condition(s) existing at the rental dwelling unit property and an order requiring that the abandoned household contents existing on or contiguous with the property, and/or its frontage, be removed. The notice shall specify a time, not less than 48 hours after the service thereof, within which the owner served with such notice shall complete the removal of the abandoned household contents from the property or along the frontage or the contiguous right-of-way as specified in the notice. The notice shall further state that, in the event that the cited condition is not eliminated within the time specified in the notice, the Town shall undertake to enter upon the property, if necessary, to remove the abandoned household contents and assess the cost of such removal against said property.
E. 
Service of notice. The notice may be served either personally or by certified mail, addressed to the last known address, if any, of the owner as the same may appear on the records of the Receiver of Taxes of the Town; provided, however, that if such service is made by certified mail, a copy thereof shall also be posted on the property where the abandoned household contents are located. Service of the notice by mail and posting shall be deemed completed on the day on which both the mailing and the posting will have been accomplished.
F. 
Failure to comply. Upon failure of the owner of the rental dwelling unit to comply with the notice within the time provided therein, the Town shall provide such labor and materials as are necessary for removing the abandoned household contents from said property or its frontage or contiguous right-of-way and shall cause such work to be performed as will remove the abandoned household contents from the property.
G. 
Assessment of costs and expenses. All costs and expenses incurred by the Town in connection with the removal of the abandoned household contents from said property or its frontage or contiguous right-of-way shall be assessed against the subject land or lot. An itemization of such costs shall be provided to the Town Board by the Code Enforcement Official. The total costs and expenses shall then be determined by the Town Board and shall be reported to the Assessor of the Town as the amount to be liened and assessed against the property, and the expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges.
A. 
The Code Enforcement Official shall revoke a rental occupancy permit where he finds that the permit holder has caused, permitted, suffered or allowed to exist and remain upon the premises for which such permit has been issued for a period of 14 business days or more after written notice has been given to the permit holder or the managing agent of such rental dwelling unit a violation of the Multiple Residence Law, New York State Uniform Fire Prevention and Building Code or a violation of this chapter or other chapter of the Riverhead Town Code. Revocation of a permit under this subsection cannot be done by a devisee or assistant of the Code Enforcement Official.
B. 
An appeal from such revocation may be taken by the permit holder to the Town Board, by written request, made within 30 days from the date of such revocation. The Town Board shall hold a public hearing on such appeal within 30 days after receipt of written notice of such appeal, and after such hearing shall make written findings, a conclusion and a decision either sustaining such permit revocation or reinstating such permit within 30 days after the close of such public hearing. Unless the Town Board directs otherwise in circumstances constituting serious threats to health and safety, the filing of an appeal shall stay the effectiveness of a permit revocation until the Town Board has considered and ruled upon the issue.
Under New York State Public Officers Law § 87, Subdivision 2(b), rental registration forms, and that portion of the rental occupancy permit application required, shall be exempt from disclosure under the Freedom of Information Law on the grounds that such disclosure would constitute an unwarranted invasion of personal privacy. The Code Enforcement Official will institute strict policies to ensure that such information is available only to Town personnel who are engaged in the enforcement of the provisions of this chapter.
It shall be unlawful and a violation of this chapter for any broker or agent to list, show or otherwise offer for lease, rent or sale on behalf of the owner or authorized agent any dwelling unit for which a current rental occupancy permit has not been issued by the Code Enforcement Official. It shall be the broker's or agent's duty to verify the existence of a valid rental occupancy permit before acting on behalf of the owner or authorized agent. Notwithstanding the above, first-time rentals shall be granted a fourteen-business-day grace period for submission of the required rental permit application paperwork and tenant registration.
A. 
It shall be presumed that a single or one-family dwelling unit is occupied by more than one family if any two or more of the following features are found to exist on the premises by the Code Enforcement Official authorized to enforce or investigate violations of Chapter 263 of the Code of the Town of Riverhead or any laws, codes, rules and regulations of the State of New York:
(1) 
More than one mailbox, mail slot or post office address;
(2) 
More than one doorbell or doorway on the same side of the dwelling unit;
(3) 
More than one gas meter;
(4) 
More than one electric meter, except as may be permitted by the Building Department Administrator or his designee as set forth in Chapter 217, Part 1, § 217-6M(4), of the Code of the Town of Riverhead;
[Amended 6-17-2008 by L.L. No. 19-2008]
(5) 
More than one connecting line for cable television service;
(6) 
More than one antenna, dish antenna or related receiving equipment;
(7) 
Separate entrances for segregated parts of the dwelling unit, including but not limited to bedrooms;
(8) 
Partitions or internal doors with locks which may serve to bar access between segregated portions of the dwelling unit, including but not limited to bedrooms;
(9) 
Separate written or oral leases or rental arrangements, payments or agreements for portions of the dwelling unit among its owner(s) and occupants;
(10) 
The inability of any occupant to have lawful access to all parts of the dwelling unit; or
(11) 
Two or more kitchens, each containing one or more of the following: a range, oven, hotplate, microwave or other similar device customarily used for cooking or the preparation of food, refrigerator and/or a sink.
B. 
If any two or more of the features set forth in Subsection A(1) through (11) above are found to exist on the premises by the Code Enforcement Official, a verified statement will be requested from the owner of the building or dwelling unit by the Code Enforcement Official that the building or dwelling unit is in compliance with all of the provisions of the Code of the Town of Riverhead, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. If the owner fails to submit such verified statement in writing to the Code Enforcement Official within 10 days of such request, such shall be deemed a violation of this chapter.
C. 
All of the foregoing may be rebutted by evidence presented to the Code Enforcement Official or any court of competent jurisdiction.
A. 
The presence or existence of any of the following shall create a presumption that a dwelling unit is rented:
(1) 
The dwelling unit is occupied by someone other than the owner, and the owner of the dwelling unit represents, in writing or otherwise, to any person, establishment, business, institution or government agency that he resides at an address other than the dwelling unit in question.
(2) 
Persons residing in the dwelling unit represent that they pay rent to the owner of the premises.
(3) 
Utilities, cable, telephone or other services are in place or are requested to be installed or used at the dwelling unit in the name of someone other than the owner.
(4) 
Testimony by a witness that it is common knowledge in the community that a person other than the owner resides in the dwelling unit.
B. 
All of the foregoing may be rebutted by evidence presented to the Code Enforcement Official or any court of competent jurisdiction.
A. 
It shall be presumed that an owner of a dwelling unit does not reside within said dwelling unit if one or more of the following sets forth an address which is different than that of the dwelling unit:
(1) 
Voter registration;
(2) 
Motor vehicle registration;
(3) 
Driver's license; or
(4) 
Any other document filed with a public agency.
B. 
All of the foregoing may be rebutted by evidence presented to the Code Enforcement Official or any court of competent jurisdiction.
A. 
Any person, association, firm or corporation which violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation, punishable:
(1) 
By a fine of not less than $250 and not exceeding $1,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense.
(2) 
By a fine of not less than $1,000 nor more than $3,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of two offenses, both of which were committed within a period of five years.
(3) 
By a fine of not less than $2,000 nor more than $5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the third or subsequent offenses of a series of offenses, all of which were committed within a period of five years.
B. 
Each week's continued violation shall constitute a separate additional violation.
This chapter shall be enforced by the Code Enforcement Official as defined by this chapter.