[HISTORY: Adopted by the Board of Trustees
of the Village of Cove Neck 9-26-2019 by L.L. No. 3-2019. Amendments noted where
applicable.]
The Board of Trustees has determined that in the Village of
Cove Neck serious conditions could arise from the rental of a dwelling
or a use of a dwelling by a renter that violates the Village Zoning
Code.[1]The Board finds that if a dwelling is allowed to be rented,
safeguards must be adopted to protect the safety and heath of the
renter, and to protect the Village community and those residents of
adjacent properties. Those safeguards will also further discourage
deterioration of neighborhoods, proliferation of zoning violations,
excessive vehicle traffic, illegal parking and the overburdening of
municipal services. The Board further finds that current code provisions
are inadequate to address these concerns and that the public health,
safety, welfare and good order and governance of the Village will
be enhanced by enactment of the below permit procedure and associated
regulations and requirements set forth in this chapter.
For purposes of this chapter, "dwelling" shall be any detached
building designed, occupied or used exclusively as residential living
quarters which are arranged or intended to be occupied for habitable
purposes, and ''rental dwelling" shall be any dwelling for which a
rental permit has been issued.
It shall be unlawful and a violation of this chapter for any
person who owns a dwelling in the Village to let, lease, rent or suffer,
permit, or allow the letting, leasing, or renting of the occupancy
or use of a dwelling, regardless of the duration of the rental, without
having first obtaining a permit from the Village as provided below
("rental permit"). Rentals for a period of less than 60 consecutive
calendar days are strictly prohibited, unless approved by the Board
of Trustees. "Letting" shall include permitting or allowing occupancy
by a guest or part-time employee (employed for less than 20 hours
per week) for more than a sixty-day period.
Application for a rental permit and its renewal shall be made,
in writing, to the Village on a form provided.
A.
The name,
address and telephone number of the owner of the dwelling intended
for rental occupancy.
B.
The street
address and Tax Map description (section, block and lot or lots) of
the premises intended for rental occupancy.
C.
A description
of the dwelling intended to be established, used or occupied for rental
occupancy and the number of persons intended to be accommodated in
the dwelling unit (''rental unit"). If requested by the Village, a
diagram or schematic of the rental unit.
D.
The name,
address and telephone number of the person, if different than the
owner, responsible to manage, oversee, or operate the intended rental
unit.
E.
A property
survey of the premises showing all buildings, structures, walks, drives
and other physical features of the premises and the number, location
and access of existing and proposed on-site vehicle parking facilities.
F.
Certification
from the Building Department that the use of the rental unit for rental
purposes as described in the application is permitted in the zoning
district where the property is located and for the specific dwelling.
The Building Department shall also certify that the rental unit is
in full compliance with NYS Building Code requirements for occupancy.
G.
A certificate
of liability and property insurance with the Village listed as an
additional insured, with policy limits as the Village shall require,
along with an indemnification agreement holding the Village harmless
from any and all claims pertaining to the issuance of the rental permit
and its subsequent occupancy.
H.
The application
shall be signed and verified under oath by the owner of the premises
that all statements are true and accurate.
A.
Permit application
fee. A nonrefundable permit application fee, per dwelling unit, in
an amount as set from time to time by resolution of the Board of Trustees,
shall be paid upon filing an application for a permit.
B.
Permit renewal
fee. A nonrefundable permit renewal fee, per dwelling unit, in an
amount as set from time to time by resolution of the Board of Trustees,
shall be paid upon filing an application for renewal.
C.
Permit fees
shall be tripled for any application where it is found or determined
by the Village that a rental had occurred without a current and valid
rental permit
The Village shall review each application for completeness and
accuracy and shall make an on-site inspection of the proposed rental
unit. If satisfied that the proposed rental dwelling, as well as the
premises in which the same are located, comply fully with all applicable
laws, rules and regulations of NYS, Nassau County and the Village
zoning , and that such rental unit would not create an unsafe or dangerous
condition, or create a nuisance to adjoining or nearby property, the
Village Clerk shall issue the permit applied for.
All permits issued pursuant to this chapter shall be valid for
a period of two years from date of issuance and may be renewed for
an additional one-year period.
The Building Inspector is authorized, from time to time, to
conduct inspections to determine the condition of a rental dwelling
and compliance with the rental permit in order to safeguard the health,
safety, morals and welfare of the public.
A.
The Village
may revoke a rental permit where it appears that the permit holder
has violated the terms of the permit or has refused permission to
the Building Inspector, after written request, to make an inspection
at reasonable times, or in an emergency at any time.
B.
An appeal
from such revocation may be taken by the permit holder to the Board
of Trustees, by written request, made within 30 days from the date
of such revocation. The Board of Trustees shall hold a public hearing
on such appeal within 30 days after receipt of written notice of such
appeal and after such hearing may make written findings, conclusions
and decision either sustaining such permit revocation or reinstating
such permit within 30 days after close of such public hearing.
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 allow, cause, permit, take part in or assist the
following:
A.
List, solicit,
advertise or offer, exhibit or show to any person a rental dwelling
located within the Village for the purpose of bringing about the rental
thereof where no currently effective rental permit has been issued.
B.
Enter into
a lease or occupancy agreement, accept a deposit of rent or security,
or a commission in connection with the rental of a rental dwelling
within the Village where there is no valid and current rental permit
or for a rental period of less than 30 consecutive calendar days,
unless such rental period is approved by the Board of Trustees.
C.
Publish
a written listing, solicitation, advertisement or offer to rent or
lease a rental dwelling unit, unless that written listing, solicitation,
advertisement or offer refers by number to a valid and current rental
permit. For purposes of this section, "publish" means to promulgate
to the general public or to selected segments of the general public,
in a newspaper, magazine, flyer, handbill, mailed circular, bulletin
board, sign or any electronic media.
A violation of any provisions of this article shall constitute
an offense within the meaning of the Penal Law of the State of New
York. Each violation of this chapter shall be punishable by:
