[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:
Any location in the Village proposed to be utilized for the
temporary residency of 10 or more vulnerable persons.
Residency in the Village of Chester at a placement location
for up to 30 days.
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.
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.
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.
