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.
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICABLE LAWS
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.
BOARDINGHOUSE, ROOMING HOUSE and LODGING HOUSE
A.
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.
B.
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.
DWELLING
A building or structure which is occupied in whole or in
part as the home, residence or sleeping place of one or more persons.
MULTIPLE DWELLING
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.
RENTAL BUILDING
A boardinghouse, rooming house, lodging house, multiple dwelling,
qualifying single-family residence or two-family dwelling as defined
in this chapter.
TWO-FAMILY DWELLING
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.
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.
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.
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.