A seasonal rental shall be defined as follows: An agreement,
oral or in writing, whereby a dwelling is leased, used or occupied
by an individual or a family for a period permitted by this Code,
and for which compensation, cash or otherwise, is paid for, directly
or indirectly. Any dwelling unit rented for more than 120 days in
any calendar year does not qualify as a seasonal rental. No dwelling
shall be occupied as a seasonal rental unless registered with the
Village Clerk as a seasonal rental unit.
A. Where a dwelling is to be used as a seasonal rental, an application
for inclusion in the Seasonal Dwelling Unit Registry shall be filed
with the Village Clerk before the term of the seasonal rental is to
begin.
B. The application shall be signed by each and every owner of the rental
property and shall contain the following:
(1) The name and legal address and, if different, mailing address of
the owner or owners.
(2) The location of the seasonal rental, including the Suffolk County
Tax Map parcel number.
(3) The number of tenants requested.
(4) A floor plan depicting the location and size of each conventional
bedroom.
(5) A copy of a contract with a carter providing for weekly pickup, at
a minimum, of refuse or proof by letter from the carter indicating
that full payment for the entire term of the rental has been made
or, in the alternative, an affidavit from the owner acknowledging
responsibility for refuse removal in a timely and efficient manner.
(6) The name and legal address and, if different, mailing address of
each tenant.
(7) The period of the proposed occupancy.
(8) A copy of the most recent deed and property tax bill, confirming
the ownership of record of the rental property.
(9) An affidavit, signed by each owner and tenant named in the application,
confirming that they have reviewed copies of all Village laws and
ordinances affecting seasonal rentals, noise, vehicle parking restrictions
on residential lots and refuse disposal and that they agree to abide
by the same.
(10)
A true, final and complete signed copy of the lease between
the owner(s) and tenant(s).
C. A dwelling utilized as a seasonal rental shall be leased only by
an individual or a family in accordance with this chapter. In no event
shall a seasonal rental be for a period less than 30 consecutive days
excepting within any calendar year rentals of two weeks not more than
twice is permitted. Where there is to be a change in the individual
tenants who will be leasing, occupying or using the dwelling, the
registry application shall be amended to indicate the name of the
new tenant before the new tenant may occupy the dwelling.
D. The selling of shares to tenants where they obtain the rights of
use and occupancy in a dwelling for less than the term of the rental
shall be prohibited. The rent or compensation paid for a seasonal
rental shall not be shared by more than the permitted number of tenants.
E. The leasing, use or occupancy by a tenant of less than the entire
dwelling is prohibited.
F. All applicable parking regulations provided for in this Code shall
be complied with.
Upon service of a notice of violation to a tenant for a violation
of this chapter, notice of such service of a notice of violation shall
be given by the Village Clerk to each owner and lessor of the rental
property. Said notice shall be sent by certified mail to each such
owner and lessor at the mailing address set forth in the registry
application. Notice shall be deemed complete upon the execution of
an affidavit of mailing by the Village Clerk.
Where authorized by a duly adopted resolution of the Village
Board, the Village Attorney shall bring and maintain a civil proceeding,
in the name of the Village, to permanently enjoin the person or persons
conducting, maintaining or permitting said violation. Each owner and
lessor of the dwelling wherein the violation is conducted, maintained
or permitted shall be made a defendant in the action, and each tenant
of such dwelling may be joined as defendants in the action.
A. Each person who is listed as an owner upon the rental permit application
shall be presumed to be an owner thereof.
B. If, in an action under this chapter or upon a motion for default
judgment or summary judgment in an action under this chapter, a finding
is made that the defendants or any of them has conducted, maintained
or permitted a violation of this chapter, a penalty to be included
in the judgment may be awarded at the discretion of the court in an
amount not to exceed $1,000 for each day it is found that the defendant
or any one of them conducted, maintained or permitted the violation.
C. In addition to the foregoing provisions, any duly authorized police
officer, peace officer, fire marshal, ordinance inspector or building
inspector may issue a summons for violation(s) of this chapter. Upon
a finding of a violation of the provisions of this chapter, judgment
entered pursuant to this chapter may be at the discretion of the court
in an amount of up to $1,000 for each day the violation has been conducted,
maintained or permitted. Upon recovery, such penalty shall be paid
into the general funds of the Village.