This article in this chapter shall apply to all boardinghouses,
rooming houses and lodging houses, multifamily dwellings, group dwellings,
mobile home courts, tourist accommodations, bed-and-breakfasts, as
defined, located within the Town of Mount Hope.
The provisions of this article in 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 Town, 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.
All boardinghouses, rooming houses and lodging houses, multifamily
dwellings, group dwellings, mobile home courts, tourist accommodations
and bed-and-breakfasts in the Town must have a permit issued by the
Town Building Inspector.
A nonrefundable permit application fee set from time to time by the Town Board in Article
XVII, Fees, shall be paid upon filing an application for a permit. A nonrefundable permit renewal fee also set by the Town Board shall be paid upon filing an application for renewal.
The Town Building Inspector shall notify a permit holder of
reasonable cause to believe the permit has been violated in any of
the following ways:
A. The permit holder has caused, permitted, suffered or allowed to exist
and remain upon the premises for which such permit has been 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 a violation
of the Multiple Residence Law, the New York State Uniform Fire Prevention
and Building Code or of the Town of Mount Hope Zoning Law.
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 boardinghouse, rooming house, lodging house, multifamily
dwelling, group dwelling, mobile home court, tourist accommodation
or bed-and-breakfast without a permit.
B. List, solicit, advertise or offer, exhibit or show to any person
a dwelling unit/room in a boardinghouse, rooming house, lodging house,
multifamily dwelling, group dwelling, mobile home court, tourist accommodation
or bed-and-breakfast located within the Town of Mount Hope for the
purpose of bringing about the rental thereof where no currently effective
permit has been issued in respect of such dwelling unit/room 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 solely 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 boardinghouse, rooming house,
lodging house, multifamily dwelling, group dwelling, mobile home court,
tourist accommodation or bed-and-breakfast located within the Town
of Mount Hope 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.
D. Sell a boardinghouse, rooming house, lodging house, multifamily dwelling,
group dwelling, mobile home court, tourist accommodation or bed-and-breakfast
which does not have a permit under this chapter.
E. In the event that a person convicted of a violation of Subsection
A(4) of this section shall have been a real estate broker or sales
person licensed by the State of New York at the time such violation
was committed, it shall be the duty of the Town Clerk to transmit
a record of such conviction to the Division of Licensing Services
of the Department of State and to make complaint thereto against such
licensee on behalf of the Town pursuant to the provisions of Article
XIIA of the Real Property Law.
A violation of any provision of this article 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 $250 and no greater than $500 for a first offense
and/or up to 15 days in jail shall be imposed upon conviction, and
a fine of no less than $500 and no greater than $1,000 and/or up to
30 days in jail shall be imposed for conviction of a second or subsequent
offense.