[HISTORY: Adopted by the Board of Trustees of the Village
of Monticello 12-21-2010 by L.L.
No. 6-2010. Amendments noted where applicable.]
The Board of Trustees has determined that there exist in the
Village of Monticello serious conditions, including but not limited
to Building and Fire Code violations, arising from rental of rooms
in boardinghouses, and apartments in multiple dwellings, single-family
residences that are renter-occupied, and two-family dwellings, as
defined within this chapter, and under an arrangement whereby the
occupant or occupants pay rent for such occupancy and use.
A.
Scope. This chapter shall apply to all rental boardinghouses, rooming
houses, lodging houses, multiple dwellings, single-family dwellings
that are renter-occupied, and two-family dwelling units, as defined
herein, located within the Village.
B.
Applicability. The provisions of this chapter shall be deemed to
supplement applicable state and local laws, ordinances, codes or regulations,
and nothing in this chapter shall be deemed to abolish, impair, supersede
or replace existing remedies of the Village, county or state or existing
requirements of any other applicable state or local laws, ordinances,
codes or regulations. In case of conflict between any provision of
this chapter and any applicable state or local laws, ordinances, codes
or regulations, the more restrictive or stringent provision or requirement
shall prevail.
As used in this chapter, the following terms shall have the
meanings indicated:
Any state, county or local law relating to or regulating the use and occupancy of structures for residential purposes, including, but not limited to, the Multiple Residence Law of the State of New York, or of the New York State Uniform Fire Prevention and Building Codes, or of any of the codes and ordinances of the Village of Monticello such as Chapter 135, Electrical Standards, or Chapter 165, Housing Standards, or Chapter 200, Property Maintenance, or Chapter 216, Solid Waste, of the Village of Monticello Code.
Any dwelling in which more than three persons, either individually
or as families, are housed or lodged for hire, and used for single-room
occupancy.
Any dwelling that provides sleeping accommodations in three
or more individual rooms on either a transient or permanent basis,
without cooking and toilet facilities, as defined below, for each
individual occupant or family; however, excepting those locations
as defined in the New York State Uniform Fire Prevention and Building
Code as an adult residential care facility.
A kitchen sink, stove/oven combination and refrigerator.
A building or structure which is occupied in whole or in
part as the home, residence or sleeping place of one or more persons.
A dwelling or group of dwellings on one plot containing separate
living units for three or more families, but which may have joint
services or facilities, or both. Does not include condominiums.
A detached single residence that is not owner-occupied and
is offered for rent or is rented.
A boardinghouse, rooming house, lodging house, multiple dwelling,
qualifying single-family residence or two-family dwelling as defined
in this chapter.
A lavatory, water closet and tub and/or shower.
A detached building on one plot designed for or occupied
exclusively by two families living independently of each other.
All rental buildings in the Village must have a permit issued
by the Code Enforcement Officer.
A.
Application for a rental occupancy permit for a rental building shall
be made, in writing, to the Code Enforcement Officer on a form provided
by the Building Department for that purpose.
B.
Information.
(1)
Such
application shall be filed in duplicate and shall contain:
(a)
The name, address, telephone number, and email address, if any,
of the owner of the rental building.
(b)
The street address and Tax Map description (section, block,
lot or lots) of the rental building.
(c)
The number of rooms in the rental building and in each proposed
rental unit therein, the dimensions of each room and a description
of the present use or uses thereof, if any.
(d)
A description of each rental unit intended to be established,
used or occupied for rental occupancy in the rental building, including
the number of rental units, and the number of persons intended to
be accommodated by and to reside in each such rental unit.
(e)
The name, address, telephone number and email address, if any,
of the managing agent or operator who can grant access to the building
and its occupants for each such rental building, who is authorized
to act on behalf of the owner.
(f)
The name and address of the insurance company, if any, providing
the fire and other hazard and public liability insurance for the owner
of the rental building, with a description of the type of insurance
provided, policy limits for each coverage and the policy number and
expiration date of such policy.
(2)
The
Code Enforcement Officer shall be notified within 10 working days
of any change in this information.
C.
Such application shall be signed by the owner of the rental building
and the statements of such owner therein contained shall be verified
under oath.
The Code Enforcement Officer or his designee shall review each
application for completeness and accuracy and shall make an on-site
inspection of the proposed rental building. If satisfied that the
proposed rental unit or units, as well as the premises in which the
same are located, comply fully with all applicable laws, and that
such rental unit or units would not create an unsafe or dangerous
condition or create an unsafe or substandard structure or create a
nuisance to adjoining or nearby properties, the Code Enforcement Officer
or his designee shall issue the permit or permits applied for.
B.
Renewal.
(1)
A renewal application must be submitted no later than 30 days prior to the expiration of the existing permit. A renewal application must contain the same information required for the initial application by § 202-5 of this chapter, must be accompanied by the fee required in § 202-6 of this chapter, and must be submitted to the Code Enforcement Officer.
(2)
Renewal applications shall be reviewed by the Code Enforcement Officer
in accordance with the criteria contained in this chapter. If a decision
is made not to renew, the applicant shall be notified of the reason(s)
therefor by written notice from the Code Enforcement Officer mailed
to the applicant by regular and by certified mail, return receipt
requested. An applicant has 10 working days from the date of such
written notice to request a hearing before the Zoning Board of Appeals
as hereinafter provided. All requests for hearings must be in writing,
directed to the Village Clerk, and accompanied by a fee of $100. If
the applicant requests such a hearing, the applicant shall be issued
a temporary permit by the Code Enforcement Officer which shall expire
no later than 30 days after the final decision of the Zoning Board
of Appeals.
(3)
Upon a request for a hearing, a hearing before the Zoning Board of
Appeals shall be conducted within 30 days after receipt of the request
therefor. The hearing shall be public, and the applicant may be represented
by counsel and shall be able to call witnesses in his or her behalf.
The Zoning Board of Appeals, in its sole discretion, may uphold or
rescind the decision not to renew the permit for good cause shown,
which decision shall be based on a preponderance of the evidence presented
to the Zoning Board of Appeals. The Zoning Board of Appeals shall
issue a written decision within 10 days after the close of the hearing,
and the Village Clerk shall provide the applicant with a copy of this
decision within five business days after its issuance.
A.
On-site parking. The rental building shall provide a minimum of one
on-site parking space for the structure in which the rental units
are to be located and one additional on-site parking space for each
proposed rental unit therein. Such parking spaces shall be paved with
asphalt, concrete or other similar materials. The applicant for a
rental building permit shall be excused from complying with the requirement
to provide such minimum number of on-site parking spaces to the extent
that compliance therewith shall not be possible due to the size, configuration,
topography or structure coverage of the plot on which an existing
buildings or structure is located. However, where partial compliance
with such on-site parking requirements shall be possible, the applicant
shall make such partial compliance with such on-site parking requirements
as is possible, given the size, configuration, topography or structure
coverage of the plot.
B.
Any enlargement, addition or reconfiguration of an existing rental
building shall require a full review under this chapter and the approval
of the Code Enforcement Officer, together with any other such local
approvals that may be required, including, but not limited to, site
plan approval from the Village of Monticello Planning Board.[1]
C.
The permit containing the number of units and the names and addresses
and phone numbers of the owner and premises manager shall be conspicuously
posted at or near the principal entrance.
The Code Enforcement Officer or his or her designee is authorized
to make or cause to be made inspections, from time to time, to determine
the condition of rental units and to safeguard the health, safety,
morals and welfare of the public. The Code Enforcement Officer or
his or her designee is authorized to enter, upon consent of the owner
or occupant, any rental unit and the premises in which the same is
located at any reasonable time. Unconsented entries and entries at
unreasonable hours may be made upon warrant duly issued by a Judge
of the Village Court of Monticello. All applications and renewals
shall be granted only after an inspection.
The Code Enforcement Officer or his or her designee is authorized
to make application to the Village Justice Court for the issuance
of a search warrant to be executed by a police officer where there
exists reasonable justification for an inspection to be conducted
pursuant to this chapter or where there is reasonable cause to believe
that there has occurred or is occurring a violation of this chapter
or the applicable laws. The application for a search warrant shall,
in all respects, comply with applicable laws of the State of New York.
A.
The Code Enforcement Officer may revoke a permit issued under this
chapter when the permit holder has caused, permitted, suffered or
allowed to exist and remain upon the premises for which such permit
was issued for a period of 10 days or more after written notice has
been given to the permit holder or the managing agent of such rental
unit that 1) a violation of the applicable laws that, in the opinion
of the Code Enforcement Officer, constitutes a detriment to the public
health, safety and welfare to the people of the Village of Monticello,
and/or if 2) there are repeated occurrences of disorderly conduct
at the rental building that, in the opinion of the Code Enforcement
Officer, constitutes a detriment to the public health, safety and
welfare to the people of the Village of Monticello.
B.
Hearings.
(1)
If a decision is made to revoke a permit, the permit holder shall
be notified of the reason(s) therefor by written notice from the Code
Enforcement Officer, mailed to the applicant by regular and by certified
mail, return receipt requested. A permit holder has 10 working days
from the date of such written notice to request a hearing before the
Zoning Board of Appeals as hereinafter provided. All requests for
hearings must be in writing, directed to the Village Clerk, and accompanied
by a fee of $100. If the permit holder requests such a hearing, the
permit holder shall be issued a temporary permit by the Code Enforcement
Officer which shall expire no later than 30 days after the final decision
of the Zoning Board of Appeals.
(2)
The hearing shall be conducted within 30 days after receipt of the
request therefor. The hearing shall be public, and the permit holder
may be represented by counsel and shall be able to call witnesses
in his or her behalf. The Zoning Board of Appeals in its discretion
may rescind a revocation for good cause shown. The Zoning Board of
Appeals shall issue a written decision within 10 days after the close
of the hearing, and the Village Clerk shall provide the permit holder
with a copy of this decision within five business days after its issuance.
C.
Reapplications. A permit holder whose permit has been revoked pursuant
to the provision of this section may not reapply for a permit for
the premises which was the subject of the revocation until six months
after the date of revocation. In all other respects, reapplications
shall be considered pursuant to the provisions of this chapter governing
application.
[Amended 5-17-2011 by L.L. No. 6-2011]
It shall be unlawful and a violation of this chapter and an
offense within the meaning of the Penal Law of the State of New York
for any person to:
A.
Operate a rental building, as defined herein, without a permit.
B.
List, solicit, advertise or offer, exhibit or show to any person
a rental unit in a rental building for the purpose of bringing about
the rental thereof where no currently effective permit has been issued
in respect of such rental unit as herein required. No violation of
this section shall occur if the person is licensed by New York State
as a real estate broker or real estate salesman and is acting only
in that capacity.
C.
Accept a deposit of rent or security or a commission in connection
with the rental of a rental unit in a rental building where no currently
effective permit has been issued in respect of such rental unit as
herein provided. No violation of this section shall occur if the person
is licensed by New York State as a real estate broker or real estate
salesman and is acting only in that capacity.
A violation of any provisions of this chapter shall constitute
an offense within the meaning of the Penal Law of the State of New
York, punishable as provided for in this chapter. A fine of no less
than $500 for a first offense and/or up to 15 days in jail shall be
imposed, and a fine of no less than $1,000 and/or up to 15 days in
jail shall be imposed for a second or subsequent offense.
