[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:
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.
A dwelling for three or more families living independently
of each other.
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.
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.
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.
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.
A building designed exclusively for residential purposes
and arranged or intended to be occupied by one individual or one family
only.
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.
A detached building designed for and occupied exclusively
as a home or residence by not more than one family.
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.
A building arranged, designed for or occupied exclusively
as a home or residence for not more than two families living independently
of each other.
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]
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.
In determining whether individuals are living together as the
functional equivalent of a traditional family, the following criteria
must be present:
The group is one which in structure and function resembles a
traditional family unit; and
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
The adult occupants share expenses for food, rent, ownership
costs, utilities and other household expenses; and
The occupancy is permanent and stable. Evidence of such permanence
and stability includes, but is not limited to:
The presence of minor children regularly residing in the household
who are enrolled in local schools;
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;
Members of the household are employed in the area;
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;
Common ownership of furniture and appliances among the members
of the household; and
Any other factor reasonably related to whether or not the occupants
are the functional equivalent of a family.
The immediate family of the owner of a dwelling unit consists
of the owner's spouse, children, parents, grandparents or grandchildren.
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.
A detached single-family dwelling unit with all of the following
characteristics:
[Added 5-7-2019 by L.L.
No. 13-2019]
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.
Designed to be transported after fabrication on its own wheels
or on flatbed or other trailers or detachable wheels.
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.
[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.
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]
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.
A natural person who leases, uses or occupies a dwelling
unit.
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.
[1]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.
A dwelling unit established, occupied, used or maintained
for 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.
A permit which is issued to the owner of rental dwelling
unit(s) by the Code Enforcement Official (CEO) whereby such owner
has submitted a completed rental occupancy application or rental renewal
application; secured a valid rental occupancy registration and successfully
passed an safety inspection in accordance with this chapter.
[Amended 6-7-2022 by L.L. No. 6-2022]
A registration which is valid for 90 days and issued upon
filing of an "approved" rental permit application or rental renewal
application submitted to the Town of Riverhead for which a rental
occupancy permit is sought. For the purpose of this definition, the
term "approved" shall mean approved by the Code Enforcement Official.
[Amended 6-7-2022 by L.L. No. 6-2022]
A rental period of 29 days or less.
[Added 10-16-2013 by L.L. No. 17-2013]
[1]
Editor's Note: The former definition of "renewal rental occupancy
permit," which immediately followed this definition, was repealed
by 6-7-2022 by L.L. No. 6-2022.
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.
[Amended 2-17-2016 by L.L. No. 7-2016; 6-7-2022 by L.L. No. 6-2022; 8-1-2023 by L.L. No. 14-2023]
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)
An accurate and legible floor plan drawn with a straight edge in
scale, including all floor levels and basement, neatly done which
must include interior dimensions of all room walls and uses of all
rooms, i.e., hallways, kitchens, bathrooms, foyers, closets and any
other common spaces; window locations and sizes for sleeping rooms;
door dimensions, locations of smoke detectors and carbon monoxide
alarms. The exterior outline and dimensions of the floor plans are
to reasonably match the property survey.
(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.
(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)
Proof of an existing policy of homeowner's liability insurance.
Acceptable forms of proof shall include:
(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.
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.
C.
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.
D.
Notwithstanding the above, no rental occupancy permit shall be required for agricultural worker housing as defined in § 301-3 of the Riverhead Town Code.
E.
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.
F.
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 F 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 6-7-2022 by L.L. No. 6-2022]
A.
Notwithstanding
any letter(s), designation(s), certification(s) or other recognition(s)
that a structure is or maintains a use or condition existing prior
to the adoption of any local zoning or building ordinances or codes,
it shall hereafter be the policy of the Town of Riverhead that no
rental permit shall be issued approving a rental occupancy of any
multifamily dwelling as defined in this chapter wherein a third floor
(above grade plane) is maintained and used as living or sleeping space
and/or where more than two separate and distinct rental dwelling units
are contained within a multifamily dwelling as defined in this chapter
unless a residential fire sprinkler protection system and interconnected
smoke detection and alarm system, approved by the Riverhead Town Fire
Marshal, is installed throughout the structure in accordance with
the New York State Building and Fire Code.
B.
Notwithstanding
any letter(s), designation(s), certification(s) or other recognition(s)
that a structure is or maintains a use or condition existing prior
to the adoption of any local zoning or building ordinances or codes,
it shall hereafter be the policy of the Town of Riverhead that no
rental permit shall be issued approving a rental occupancy of any
multifamily dwelling as defined in this chapter wherein a third floor
(above grade plane) is maintained and used as living or sleeping space
unless a secondary means of egress in accordance with the New York
State Building and Fire Code, approved by the Riverhead Fire Marshal,
is available in the event of a fire or other emergency condition.
[Amended 7-3-2007 by L.L. No. 22-2007; 2-17-2016 by L.L. No. 7-2016; 6-7-2022 by L.L. No. 6-2022; 8-1-2023 by L.L. No. 14-2023]
A.
A nonrefundable rental permit application fee shall be paid, upon
filing an application or renewal application, in accordance with the
fee schedule established by resolution of the Town Board of the Town
of Riverhead.
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 based upon the number of rental units, as established by resolution of the Town Board of the Town of Riverhead. For the purposes of this chapter, "permanent residence" shall be defined as more than 21 consecutive days.
[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.
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.[1]
[1]
Editor's Note: Former Subsection B, regarding certification
from a licensed architect, was repealed 6-7-2022 by L.L. No. 6-2022.
This local law also redesignated former Subsection C as Subsection
B.
[Amended 6-7-2022 by L.L. No. 6-2022; 10-4-2022 by L.L. No. 17-2022; 8-1-2023 by L.L. No. 14-2023]
A.
The Code Enforcement Official (CEO) or his designee shall review
each application for completeness and reject incomplete applications.
The Code Enforcement Official (CEO) shall create and approve the application
requirements in accordance with this chapter.
B.
Upon properly filing a completed application with the Rental Housing
Division, the Code Enforcement Official (CEO) shall grant a rental
occupancy registration valid for 90 days.
C.
Inspection report. Within 90 days of receiving a temporary rental
occupancy registration, the owner of the rental dwelling unit shall:
(1)
Arrange for an inspection of the unit or units and the premises on
which the same are located by the Code Enforcement Official (CEO)
or his designee employed by the Town of Riverhead; or
(2)
Provide to the Code Enforcement Official (CEO) an inspection report
designed and approved by the Code Enforcement Official (CEO), signed
by either a) a New York State licensed professional engineer; b) a
New York State licensed architect; or c) a home inspector, provided
entities a), b) or c) have a valid New York State Uniform Fire Prevention
Building Code certification either as a Building Safety Inspector
or Code Enforcement Official that the structure and the dwelling units
contained therein meet all applicable housing, sanitary, building,
electrical and fire codes, rules and regulations. Upon receipt of
the approved inspection report, the Code Enforcement Official (CEO)
shall issue a rental occupancy permit valid for one year from the
date of the issuance of the temporary rental occupancy registration.
D.
Any owner for which a ninety-day valid rental occupancy registration has expired and who has failed to arrange for an approved method of inspection pursuant to § 263-8C of this chapter will be administratively penalized and charged a reregistration submittal fee of $100 per rental unit. No rental occupancy permit will be processed until such fee is paid.
A.
All rental occupancy permits issued pursuant to this chapter shall
be valid for a period of two years from the date of issuance of the
rental occupancy registration, except for any rental occupancy issued
after the effective date of January 1, 2023 whereby rental occupancy
permits shall be valid for a period of one year from the date of issuance
of the rental occupancy registration.
[Amended 6-7-2022 by L.L. No. 6-2022]
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 30 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.
[Amended 6-7-2022 by L.L. No. 6-2022]
(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;
and
[Amended 6-7-2022 by L.L. No. 6-2022]
(3)
Proof of an existing policy of homeowner' s liability insurance as set forth at § 263-5A(11) shall be submitted together with a renewal rental occupancy permit application.
[Added 6-7-2022 by L.L. No. 6-2022]
(4)
Prior to the issuance of a renewal rental registration, the owner shall cause an inspection of the unit or units and the premises on which the same are located to take place pursuant to § 263-8C of this chapter.
[Added 6-7-2022 by L.L. No. 6-2022]
(5)
The Town of Riverhead shall not accept, review or approve any rental permit renewal applications for dwellings wherein the approved rental registration is expired in excess of 120 days without an inspection in conformance with § 263-8C of this chapter. If the expiration date is beyond 120 days, the owner must file a new application in accordance with § 263-5 hereinabove.
[Added 6-7-2022 by L.L. No. 6-2022]
(6)
Failure to file a rental permit renewal application shall be a writable offense after 30 days of expiry of the prior rental permit up to 120 days of expiry of the prior rental permit with a penalty set forth hereinbelow. Rental without a valid rental permit after 120 days shall be a violation as described in § 263-4A and punishable as set forth in § 263-21D below.
[Added 6-7-2022 by L.L. No. 6-2022]
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.
[Amended 6-7-2022 by L.L. No. 6-2022]
Under New York State Public Officers Law § 87, Subdivision
2(b), rental occupancy registration forms, including applications,
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;
(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:
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 other than Subsection D hereinbelow shall be guilty of a violation, punishable as follows:
[Amended 6-7-2022 by L.L. No. 6-2022]
(1)
By a fine of not less than $500 and not exceeding $1,500 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 $1,500 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 $2,500 nor more than $6,000 or by imprisonment
for a period not to exceed 15 days, or both, for conviction of the
third and any subsequent offenses of a series of offenses, all of
which were committed within a period of seven years.
B.
Each week's continued violation shall constitute a separate additional
violation.
C.
In the
case of persons, associations, firms or corporations owning or managing
multiple dwelling units within the Town of Riverhead, second, third
and any subsequent violations charged hereunder shall not be exclusive
to a particular dwelling unit, but shall encompass all dwelling units
owned or managed by such persons, associations, firms or corporations
within the Town.
[Added 6-7-2022 by L.L. No. 6-2022]
D.
A violation issued for failure to timely renewal a rental permit application as set forth at § 263-9B(6) is hereby declared to be an offense punishable by a fine of not less than $100 nor more than $250.
[Added 6-7-2022 by L.L. No. 6-2022]
E.
Upon motion
of the prosecuting attorney, the court may dismiss the violation or
reduce the minimum fine imposed where it finds that the defendant
had cooperated with the Town of Riverhead in the investigation and/or
prosecution of a violation of this chapter. Factors which the court
may consider include, but are not limited to, a report from the office
of the Town Attorney confirming that the defendant did in fact cooperate
and whether:
[Added 6-7-2022 by L.L. No. 6-2022]
(1)
The
defendant reported the violation(s) to the Town of Riverhead;
(2)
The
defendant assisted the Town of Riverhead in investigating and prosecuting
the violation(s);
(3)
The
defendant provided access to the rental property and promptly submitted
an application seeking to duly acquire a rental permit;
(4)
The
defendant promptly pursued his/her/its own rights under the lease
to remedy the violation or adequately pursued an eviction proceeding;
(5)
All
violations existing at the rental property have been promptly remediated.
This chapter shall be enforced by the Code Enforcement Official
as defined by this chapter.
