[Amended 8-29-2023 by L.L. No. 24-2023]
A. The Town Board of the Town of Southold has determined that there
exists in the Town of Southold serious conditions arising from nonowner
occupied rental of dwellings, dwelling units and amenities that are
substandard or in violation of the New York State Uniform Fire Prevention
and Building Code, Uniform Fire Prevention and Building Code Administration
and Enforcement Law of the Town of Southold, and other codes and ordinances of the Town. Many of these
rentals are inadequate in size, overcrowded and dangerous, and 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, have resulted in a degradation in quality-of-life issues
to surrounding property owners, 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 enactment of the regulations set forth in this chapter.
B. Nothing herein shall be interpreted to supersede any requirements contained in Chapter
280, Chapter
100 or any other chapter of the Town Code of the Town of Southold.
As used in this chapter, the following terms shall have the
meanings indicated:
CODE ENFORCEMENT OFFICIAL
The official who is charged by the Town Board 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 Examiner, 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
Southold, Stormwater Manager, Town Engineer and such person(s) shall
be certified as a New York State Code Enforcement Official; Code Enforcement
Officer.
DWELLING
A building designed exclusively for residential purposes.
DWELLING, MULTIPLE-FAMILY
A building, other than an 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, 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.
IMMEDIATE FAMILY
The immediate family of the owner of a housing unit consists
of the owner's spouse, domestic partner, children, parents, grandparents
or grandchildren, siblings, uncles, aunts, nieces, nephews, cousins
and in-laws.
OWNER
Any person, partnership, corporation 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.
RENT
A return, in money, property or other valuable consideration
(including payment in kind or for services or other thing of value),
for use and/or occupancy or the right to use and/or occupy a dwelling
unit and/or any portion of a property, including accessory structures,
uses or amenities, whether or not a legal relationship of landlord
and tenant exists between the owner and the occupant or occupants
thereof.
[Amended 8-29-2023 by L.L. No. 24-2023]
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
Officer designated by the Town Board with the administration of this
chapter and shall be valid for 24 months from the date of issuance.
Rental permit fees shall be set by the Town Board by resolution.
Each rental dwelling shall be equipped with functioning smoke
detectors and carbon monoxide detectors, in compliance with New York
State Uniform Fire Prevention and Building Code.
The Code Enforcement Official or his designated representative
is authorized to make application to the Town of Southold Justice
Court or Supreme Court of Suffolk County, or 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.
[Amended 8-29-2023 by L.L. No. 24-2023]
A. Broker's/agent's responsibility prior to listing. No real estate
broker or agent shall list or otherwise advertise, or offer for lease
any rental dwelling unit for which a current rental permit has not
been issued by the Code Enforcement Official. Any such listing must
include the current rental permit number for the rental unit.
This chapter shall be enforced by the Code Enforcement Officer
as defined by this chapter.