[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.