[HISTORY: Adopted by the Board of Trustees of the Village of Chester 6-12-2023 by L.L. No. 1-2023. Amendments noted where applicable.]
In this chapter, the following terms shall have the meanings indicated:
PLACEMENT LOCATION
Any location in the Village proposed to be utilized for the temporary residency of 10 or more vulnerable persons.
TEMPORARY RESIDENCY
Residency in the Village of Chester at a placement location for up to 30 days.
VULERNABLE PERSONS
Persons who may be caused to be transported into or otherwise placed in the Village by an outside entity, association or organization for temporary residency purposes where such persons may, due to their circumstances, be at risk of any of the following: mistreatment, neglect, exposure to unhealthy or unsafe conditions, exposure to abuse, lack of available resources, lack of suitable sleeping facilities, and lack of funds for basic needs. Such risks listed here are not exclusive and may include other risks that generally jeopardize the health, safety and welfare of such persons. Examples of such persons may include homeless persons, persons who suffer from mental disease or conditions that generally require supervision or assistance on an ongoing basis, persons that are physically disabled that require supervision or assistance on an ongoing basis, and persons who are not citizens of the United States that lawfully or unlawfully entered the United States within the previous nine months who do not currently have the means to support themselves with basic needs, including consistent supply of food, shelter and medical care and gainful employment. There shall be a rebuttable presumption that persons being placed for temporary residency in the Village are vulnerable and the initial determination of such status shall be made by the Building Inspector.
No person, association, entity, or organization shall cause 10 or more vulnerable persons to be placed at any location or structure in the Village of Chester for the purpose of extended residency, which shall be defined to mean stays of up to 30 days, without a temporary residency of vulnerable persons license approved by the Village Board of the Village of Chester in accordance with this chapter. No such license shall be issued for stays of longer than 30 days.
Any person, association, entity or organization desiring to place 10 or more vulnerable persons at a location in the Village of Chester shall be required to submit a temporary residency of vulnerable persons application ("TRVPA") on a form provided by the Village Clerk along with a license fee as set by the Village Board on the Village fee schedule.
Upon receipt of a complete TRVPA prepared by such person, association, entity or organization, the Village Clerk shall cause such application to be placed on a Village Board agenda for the setting of a public hearing, notice of which shall be published in the Village's official newspaper at least five days' prior to the public hearing and posted on the Village's community board(s).
The following items and information must be submitted as part of the TRVPA.
A. 
The reason for the proposed placement of the vulnerable persons in the Village.
B. 
If the applicant is not the owner of the placement location, a notarized affidavit of consent from the owner of the placement location indicating consent to the temporary residency and acknowledgment of the thirty-day limitation on such residency.
C. 
A notarized statement that, to the best of the applicant's knowledge, the proposed placement location is in compliance with the New York State Building and Fire Code.[1]
[1]
Editor's Note: See Ch. 38, Building Construction.
D. 
A list of the names and ages of the persons proposed for placement.
E. 
Contact information for a designated representative who shall be available to respond within 30 minutes to the placement location in the event of any incident or occurrence requiring a response.
F. 
Identity of the hospital or other medical facility where the vulnerable persons will be able to access medical care as necessary.
G. 
A statement of the security measures at the placement facility in place for the protection of residents, guests, visitors or other persons on the premises of the placement location.
H. 
If children under 18 are among the vulnerable persons:
(1) 
The primary adult or adults responsible for supervision of each such person.
(2) 
Whether such child has been separated from his/her parent(s) and/or siblings in conjunction with the placement.
I. 
Identity of persons or entities responsible for the maintenance, repair and sanitation in the placement location.
J. 
A statement identifying the number of adults and children proposed to be placed in each room at the placement location.
K. 
A statement indicating whether such vulnerable persons shall be made responsible for any costs of the temporary residency at the placement location.
L. 
A notarized consent authorizing the Village Building Inspector to enter upon and into the placement location for the purpose of conducting an inspection of the placement location in connection with the TRVPA to ensure compliance with the provisions of the New York State Building and Fire Code as well as the provisions of the Village Code.
M. 
A submission listing any reported complaints in the past five years to any public agency, municipality or regulating agency against the applicant proposing the placement of vulnerable persons and the disposition of such complaints.
N. 
Disclosure of any person or representative of the applicant who has been convicted of a felony offense, or who has been convicted of any misdemeanor offense against a person who would fall under the definition of "vulnerable person," as defined in this chapter.
O. 
Whether any of the vulnerable persons are known to have been criminally convicted for any offense involving any form of physical assault on another person or any offense involving the use of a firearm against another person.
Upon a determination by the Village Board that the TRVPA is complete, such application shall be referred to the Village Building Inspector for review and report, which report shall include the results of the Village Building Inspector's inspection of the placement location. At least five days before the public hearing, the Building Inspector shall submit a report to the Village Board to present any comments or concerns that are appropriate for consideration by the Village Board in evaluating the TRVPA.
All placement locations must be in compliance with and meet all of the following requirements:
A. 
Regular removal of garbage from the rooms.
B. 
Maintenance of floor coverings, draperies and furniture in each room.
C. 
Maintenance and inspection of the electrical system.
D. 
Maintenance of plumbing and plumbing fixtures.
E. 
Maintenance and inspection of heating, ventilation and air-conditioning systems.
F. 
A regular vermin control program.
G. 
Entrances, exits, steps and walkways are kept clear of garbage, ice, snow and other hazards.
H. 
Provision of clean mattresses and bedding with adequate blankets, sheets, pillows and pillowcases.
I. 
Provision of furniture necessary for daily living, including but not limited to tables, bureaus, chairs, beds and cribs in each room.
J. 
Provision of towels, soap and toilet tissue.
K. 
Cleaning of rooms at least every other day and any time new persons are placed in the room.
L. 
No more than two adults shall be placed in the same room.
M. 
When children are placed in the same room as adults, there shall be sufficient beds so children shall not have to share single beds. Children shall only be placed with the primary adult or adults responsible for supervision of such child.
N. 
Each room must have operational door and window locks. All windows at and above the second floor must have window guards in place unless windows are sealed and the air conditioning is functioning.
O. 
A heating system shall be permanently installed and operated in accordance with applicable local law. Where local law or code does not govern the provision of heat, the system will provide heat to maintain a temperature of 69° F. (20° C.) in all occupied parts of the location, including corridors. Where windows do not open, proper ventilation, including but not limited to air conditioning, shall be operational at the placement location.
P. 
Each family with children must have a private bathroom. At a minimum, this must include a toilet, a sink and a shower or bathtub, all of which must be properly maintained with hot and cold running water. Adults that are not rooming with children may be placed in rooms with common bathroom facilities.
Q. 
The placement location must be in compliance with the New York State Building and Fire Code as well as the Code of the Village of Chester.
A. 
The public hearing required under this chapter shall be held at a location to be determined by the Village Board. Any interested person may appear and comment at the public hearing. In addition, any person may submit written comments for consideration by the Village Board in connection with the TRVPA, which comments must be received no later than the date of the public hearing.
B. 
The Village Board, in considering whether a temporary residency license for vulnerable persons will be approved, shall review the TRVPA and consider the report of the Building Inspector and the public comments. The Village Board's considerations shall include, but not be limited to:
(1) 
The applicant's compliance with the provisions of this chapter.
(2) 
The applicant's history of any complaints or violations related to placement or treatment of vulnerable persons.
(3) 
The proposed placement location and any adverse impacts to persons based on such placement.
(4) 
The total number of persons proposed for placement in the Village and the potential impacts of such placement on the Village, including, but not limited to, potential impacts on infrastructure, emergency services, residents, and merchants, as well the impact on other Village services and resources.
(5) 
Any risks to the vulnerable persons and/or to other persons located in the immediate vicinity of the placement location.
(6) 
The adequacy of the proposed placement location to sufficiently accommodate the proposed temporary residency.
(7) 
The simultaneous or overlapping issuance of another license under this chapter and any consideration of any adverse impacts that could result.
(8) 
The availability of an alternative, more suitable placement location.
(9) 
Any other factor identified during the application or public hearing process that is reasonably related to the TRVPA and consideration of which would reasonably implicate public health, safety and welfare concerns.
A. 
Any license issued for extended residency of vulnerable persons shall be valid for a maximum of 30 days, at which time such license shall expire.
B. 
No group of 10 or more vulnerable persons may remain at the placement location upon the expiration of the license.
C. 
The temporary residency for vulnerable persons license shall not be transferrable or assignable to another person, association, organization or entity.
D. 
The temporary residency for vulnerable persons license shall not be transferrable to another placement location in the Village.
E. 
The provisions of this chapter shall not be deemed to apply to the temporary sheltering of individuals during a state of emergency that is declared by the Mayor of the Village, so long as such state of emergency remains in effect.
The Village Board may, by adoption of a resolution approved by majority of the Village Board, suspend the issuance of licenses under this chapter:
A. 
In the event of emergency situations requiring use of available facilities to house persons affected by emergency events, including but not limited to fires, natural disasters, and similar unexpected incidents.
B. 
In the event that the Village Board has introduced proposed zoning amendments that would regulate or otherwise affect temporary residency of persons in structures within the Village, regardless of whether such zoning amendment specifically concerns vulnerable persons or placement locations. Such suspension of the issuance of such licenses shall remain in effect until such proposed zoning amendments are adopted or the Village Board declines to adopt such zoning amendments.
C. 
The Village shall not accept applications for the temporary residency of vulnerable persons while a suspension of the issuance of licenses is in effect under this chapter.
A. 
The provisions of this chapter may be enforced by the Village Building Inspector, any member of the Village of Chester Police Department, or any member of a bona fide law enforcement agency in the State of New York.
B. 
Nothing herein shall prevent the Village from bringing an action in any court or other tribunal to enforce the provisions of this chapter and seek any and all appropriate relief.
A violation of any provision of this chapter shall be deemed to be an offense punishable by a fine of $1,500 per day, with each day that a violation continues constituting a separate violation.