[Adopted 3-21-2017 by L.L. No. 1-2017; amended in its entirety7-6-2023 by L.L. No. 3-2023 ]
This article shall be entitled "Chapter
123 Rental Regulations of the Village of Poquott."
Pursuant to § 10 of the Home Rule Law and the Village Law of the State of New York, the Incorporated Village of Poquott, County of Suffolk and State of New York, hereby enacts by Local Law 3 of 2023 of the Village of Poquott, as an amendment to Chapter
123, Article
I, of the Poquott Village Code.
The amended regulations and version of this article shall take
effect on the filing of the local law adopting these provisions with
the Secretary of the State of New York, which shall be within 20 days
after its approval by the Board of Trustees of the Village of Poquott.
The Board of Trustees of the Village of Poquott determines that
there exists in the Village of Poquott serious conditions arising
from the rental of dwelling units or rental units that are substandard
or in violation of the New York State Uniform Fire Prevention and
Building Code, and other codes and ordinances applicable within the
Village of Poquott, in that those rental dwelling units and rental
units are inadequate in size, overcrowded and dangerous, that such
rental dwelling units and rental units pose hazards to life, safety
and property of residents of the Village of Poquott and others, tend
to result in deterioration of the housing stock in the Village, create
blight, excessive vehicle traffic and parking problems, and overburden
municipal services. The Board finds that current Code provisions are
inadequate to halt or regulate the proliferation of such conditions
and further finds that the public health, safety, welfare and good
order governance of the Village of Poquott will be enhanced by the
amendment and enactment of the regulations set forth in this article.
The provisions of this article shall be deemed to supplement
applicable state and local laws, codes and regulations. Nothing in
this article shall be deemed to abolish, impair, supersede or replace
existing remedies or existing requirements of any other provision
of state or local law or code or regulation. In the case of a conflict
between any provision of this article and any applicable state or
local law, 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 article does not make legal any action or state
of facts that is otherwise illegal, unlawful or unpermitted, or otherwise
in contravention of any other applicable law, code, rule or regulation.
As used in this article, the following terms shall have the
meanings indicated. Any definition of a stated term that exists in
the New York State Uniform Building and Fire Prevention Code and the
successor editions and amendments of that Code shall supersede the
definition stated in this article:
BOARDINGHOUSE OR ROOMING HOUSE
A building that provides sleeping accommodations, with or
without compensation, for 16 or fewer persons, on either a transient
or permanent basis, with or without meals, but without permanent cooking
facilities for individual occupants. Other indications of boardinghouses
or rooming houses include but are not limited to bedroom doors into
a common hallway or area with locks that lock from the outside. Boardinghouses
and rooming houses are prohibited in the Village of Poquott.
BUILDING INSPECTOR
The Building Inspector or Deputy Building Inspector of the
Village of Poquott.
CODE ENFORCEMENT OFFICIAL
Village Building Inspector, Deputy Building Inspector, Building
Safety Inspector, Village Public Safety Officer, Code Enforcement
Officer, or other person appointed by the Mayor and approved by the
Board of Trustees to enforce the Poquott Village Code and other state
and local codes and regulations.
CONTROL, PERSON IN
A person in control of a property or premises shall mean
for this article a person who individually or jointly or by association
with an entity, by agreement or relationship or otherwise, including
the actions of the person in control, is the person who is responsible
for, or who is actually acting as responsible for, making decisions
as to the care, physical condition or state, or use, including renting
or leasing of a property or premises or portion thereof. The term
"person in control" for purposes of this article shall also include
an entity, whether commercial or not, that is responsible for or who
is actually acting as responsible for making decisions as to the care,
physical condition or state, or use of a property or premises.
CONVENTIONAL BEDROOM
A room designed as a bedroom or, as in the case of a studio
apartment, a common room, that is used for sleeping purposes. Rooms
having other purposes, such as dens, living rooms or hallways, are
not to be used for sleeping or living purposes. The designation of
the use of a room on the certificate of occupancy or the plans that
were submitted with the most recent building permit application and
certificate shall be controlling as to the use of a room. The number
of people sleeping in a room shall be limited based on the area of
the room as designated in the New York State Uniform Building and
Fire Prevention Code and the successor editions and amendments of
that Uniform Code.
DWELLING UNIT
A unit within a building that is intended and designed to
be used for living purposes with permanent provisions for living,
sleeping, eating, cooking, and sanitation, excluding a boardinghouse
or rooming house.
FAMILY
Two or more persons that are related by blood, adoption,
civil union or marriage, or up to five persons that are not related
by blood, adoption, civil union or marriage, that are occupying one
dwelling unit and living together as a family or the functional equivalent
of a family. There shall be a presumption that more than five persons
that are not related by blood, adoption, civil union or marriage occupying
one dwelling unit are not a family, which presumption may be rebutted
by proof presented to the Code Enforcement Official of the Village
of Poquott.
KITCHEN
Any assembly of a stove, cabinets, appliances, countertops
or plumbing used in connection with the storage, preparation or cooking
of food.
MANAGER
The term "manager" shall mean for this article a person or
entity who individually or jointly by agreement or relationship or
otherwise is responsible for or who is actually acting as responsible
for managing and making decisions as to the care, physical condition
or state, or use of a property or premises.
NONCONFORMING BUILDING OR USE
A building, structure, or use on or of a property that does
not conform to the applicable building, zoning or other relevant regulations
of the district in which the building, structure, or use on or of
the property is situated.
NONHABITABLE SPACES
Spaces used as kitchenettes, dining or living rooms, pantries,
bath, toilet, laundry, rest, dressing, locker, storage, utility, heater,
boiler, recreation rooms, closets and other spaces for service and
maintenance of the building, and those spaces used for access and
vertical travel between stories, and specifically excluding any rooms
used for sleeping, eating and cooking, other than kitchenettes. The
presence of a bed or bed frame, or bedding materials, in a room is
presumptive evidence that the room is being used for sleeping purposes.
OWNER
Any person, partnership, corporation, limited liability company,
trust, or other entity, who, alone or jointly with others, shall have
legal title to any premises, with or without accompanying actual possession
thereof, or who shall have charge, care or control of any dwelling
unit as a cooperative shareholder or as executor, administrator, trustee,
receiver or guardian of the estate or as a mortgagee in possession,
title or control, including but not limited to a bank or lending institution,
regardless of how such possession, title or control was obtained.
An owner for purposes of this article shall also include the beneficial
owner or otherwise the owner of an entity that owns or has an interest
in a property including but not limited to shareholders, officers,
directors, partners, trustees and members or managers.
PARKING SPACE
The net area needed for parking one automobile as determined
by the Building Inspector or the state or local codes.
PRIMARY RESIDENCE
Primary residence shall be the domicile of the owner-applicant.
The property must be owned by the natural person or persons who occupy
the home as their primary residence except that if legal title to
the property is held by an entity or by one or more trustees, the
beneficial owner or owners are considered to own the property for
purposes of this exemption. No other form of ownership shall be eligible
for a permit or registration under this article.
PUBLISH
To promulgate to the general public or to selected segments
of the general public in a newspaper, magazine, flyer, handbill, mailed
circular, bulletin board, sign, social media, website or other electronic
media.
RENT
A payment or return, in money, property or other consideration
(including payment in kind or for services or other thing of value),
for the use and occupancy or the right of 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 as a one-family dwelling, under or by virtue
of a rental or lease agreement, verbal or written, or where any sum
or thing is paid for occupancy or a charge is made for use and/or
occupancy, or where occupancy is pursuant to a contract of sale or
installment payment contract, or free of payment by the occupant where
payment is made by another individual, organization or agency, or
any other occupancy or arrangement for charge of any kind.
RENTAL DWELLING REGISTRATION NUMBER
A number which is issued upon application to the Village
Building Department which is valid only for the advertisement or publishing
of a rental dwelling for rent or lease. No occupancy of any rental
dwelling shall be permitted without a rental occupancy permit.
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, either in whole
or in part. There shall be a presumption of a rental occupancy where
one or more individuals are occupying a rental dwelling that is owned
by a different person or entity from the occupants.
RENTAL OCCUPANCY PERMIT
A permit which is issued upon application to the Village
Building Department and shall be valid for two years (24 months) from
the date of its issuance.
SHORT-TERM RENTAL
The rental of residential property or a portion thereof for
a term of 29 days or less. The short-term rental of a property is
deemed to be a commercial use of that property, which is a violation
of the single-family residential zoning of the Village of Poquott.
SOCIAL MEDIA
The use of social media accounts for advertising or listing
of a property or a portion thereof for rent or as a rental property
or unit.
TENANT
An individual who leases, rents, uses or occupies a rental
unit.
TRANSIENT OCCUPANCY
The occupancy of a property as a vacation property, hotel,
motel, inn, boardinghouse, lodging house, tourist home or similar
sleeping accommodation for a period of 29 days or less. This type
of occupant is classified as a guest or a transient occupant.
A nonrefundable biannual rental permit application fee as set
from time to time by resolution of the Board of Trustees shall be
paid, upon filing an application for a rental permit or renewal application,
in accordance with the schedule of rental permit fees. A copy of said
fees shall be kept on file in the office of the Village Clerk.
The Poquott Village Attorney or other counsel retained by the
Board of Trustees, on behalf of the Village of Poquott and its Code
Enforcement Official of the Village of Poquott or his designated representative,
is authorized upon the adoption of a resolution of the Board of Trustees
to make application to the District Court or Supreme Court of Suffolk
County, or any court of competent jurisdiction, for a search warrant
in order to conduct an inspection of any premises covered by this
article 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 article or other law or regulation has occurred.
The application for a search warrant shall in all respects comply
with the applicable laws of the State of New York.
Any person, association, estate, limited liability company,
trust, firm or corporation or other entity which violates any provision
of this article or assists in the violation of any provision of this
article, including but not limited to the owner, manager, person in
control, real estate broker or agent, or officer or partner of the
owner or applicant, who shall be guilty of a violation of this article
as that term is defined in the New York Penal Law and which is punishable
as follows:
A. The first violation of this article within an eighteen-month period
shall be punishable by a fine of not less than $1,000 nor more than
$2,500.
B. The second violation of this article within an eighteen-month period
shall be punishable by a fine of not less than $2,500 nor more than
$5,000.
C. The third violation of this article within an eighteen-month period
shall be punishable by a fine of not less than $5,000 nor more than
$10,000.
D. Each day that a violation of this article should exist shall constitute
a separate violation of this article whether or not an additional
appearance ticket is issued for that offense or violation.
E. For the purpose of conferring jurisdiction upon courts and judicial
officers in general, violations of this article shall be deemed violations,
and, for such purpose only, all provisions of law relating to violations
shall apply. Each day's continued violation shall constitute
a separate additional violation whether or not an additional appearance
ticket is issued for that offense or violation.
F. A violation existing at the premises shall be a violation by and
of the tenant, owner, manager, person in control, and their agents
and representatives, and the real estate broker or agent for the property
or rental, each of which or all of which may, at the sole discretion
of the Village, be issued an appearance ticket and charged for that
violation or offense, and prosecuted for the existence of a violation.
G. Additionally, in lieu of imposing the fine authorized by this article,
in accordance with Penal Law § 80.05(5), the court may sentence
the defendant(s) to pay an amount, fixed by the court, not exceeding
double the amount of the rent collected over the term of the occupancy.
H. The court may dismiss the violation or reduce the minimum fine imposed
where it finds that the defendant has cooperated with the Village
of Poquott in the investigation and prosecution of a violation of
this article.
I. Where authorized by a duly adopted resolution of the Board of Trustees,
the Village Attorney or other counsel retained by the Board of Trustees
for that purpose may bring and maintain a civil proceeding, in the
name of the Village, in the Supreme Court, to permanently enjoin the
person or persons conducting, maintaining or permitting said violation
or for other relief as may be appropriate or to take such other civil
action as may be necessary to correct, prevent or remove a violation
or unsafe and hazardous condition. The owner and tenants of the residence
wherein the violation is conducted, maintained or permitted may be
made defendants in the action. The commencement of a civil proceeding
by the Village shall not be deemed or construed to be a waiver by
the Village of the right to bring an action for prosecution or enforcement
of the violation and the fines and penalties under this section or
as otherwise may be applicable under the law, and the election of
either a prosecution or civil proceeding by the Village shall not
be exclusive of any other remedy. The Village shall be entitled to
an award of all costs in the proceeding, including but not limited
to administrative, engineering, filing, and other costs and legal
fees, and to bring a separate action for those costs as may be necessary.
J. The Village shall have the right, after the determination by the
Code Enforcement Official, or other appropriate official or employee
of the Village, that a dangerous, hazardous or unsafe condition exists
on a premises that is subject to this article, after the expiration
of 10 calendar days from the date of the mailing of written notice
to the owner and the occupant served by regular and certified mail,
return receipt requested, to enter the premises and cure, correct
or repair the dangerous, hazardous or unsafe condition, and all costs
and expenses associated with that action by the Village (including
administrative, engineering and professional fees in the amount of
25% of the actual costs and expenses incurred in curing, correcting
or repairing the condition) shall be reimbursed by the owner of the
property to the Village, and in the event that the amount has not
been paid to the Village within 10 days of the date of billing, the
amount shall become a lien on the property and billable in the next
Village real estate tax bill for that property. The notice required
in this section shall not prejudice or affect any other right that
the Village may have under the law to address or remedy a dangerous,
hazardous or unsafe condition, including the right to immediately
enter the property to correct a condition that is an imminent danger
to life, property or public safety.
In the event that any provision of this article should be determined
to be improper or void, the remaining provisions of this article shall
remain in full force and effect.