[Amended 10-3-2017 by L.L. No. 2-2017]
It shall be unlawful and a violation of this
chapter for any person or entity who owns a dwelling unit in a mixed
occupancy building and in a multiple dwelling to establish, maintain,
use, let, lease, rent or suffer or permit the occupancy and use thereof
as a rental occupancy without having first obtained a valid permit
for such rental occupancy from the Building Department of the Village
as herein provided. No rental occupancy permit shall be granted to
a transient rental property.
The Code Enforcement Officer shall review each
application for completeness and accuracy and shall make an on-site
inspection of the proposed rental dwelling unit or units. If satisfied
that the proposed rental dwelling unit or units, as well as the premises
in which the same are located, comply fully with all applicable state
and local laws, ordinances, rules and regulations of the county, town
and Village, and that such rental dwelling unit or units would not
create an unsafe or dangerous condition or create an unsafe and substandard
structure, or create a nuisance to adjoining nearby property, the
Code Enforcement Officer shall issue the permit or permits.
All permits issued pursuant to this chapter shall be valid for a period of two years from the date of issuance and may be renewed for additional two-year periods thereafter. The renewal application shall contain substantially the same information required by §
196-6 of this chapter upon forms to be furnished by the Building Department. Approval of renewal applications shall be based upon compliance with the requirements of §
196-8 hereunder. The fees to be paid in connection with a renewal permit shall be the same as those fees set forth in §
196-7 of this chapter.
It shall be the duty of the Code Enforcement
Officer to maintain a register of permits issued pursuant to this
chapter. Such register shall be kept by street address, showing the
name and address of the permittee, the number of rental dwelling units
at such street address, the number of rooms in each such rental dwelling
unit and the date of expiration of the permit for such unit.
The Code Enforcement Officer is authorized to
make or cause to be made inspections to determine the condition of
rental dwelling units. The Code Enforcement Officer is authorized
to enter, upon consent of the owner if the unit is unoccupied or upon
consent of the occupant if the unit is occupied, any rental dwelling
unit and the premises in which the same is located, at a reasonable
time or at such other time as may be necessary in an emergency for
the purpose of performing duties under this chapter.
The Code Enforcement Officer is authorized to
make application to any court of competent jurisdiction for the issuance
of a search warrant, to be executed by a police officer, in order
to conduct an inspection of any premises covered by this chapter where
the owner or occupant refuses or fails to allow an inspection of the
rental dwelling unit or premises and where there is reasonable cause
to believe that a violation of this chapter or a violation of the
Multiple Residence Law, the New York State Uniform Fire Prevention
and Building Code, Residential Code of New York State, the Nassau
County Fire Prevention Ordinance, the Town of North Hempstead Code,
the Town of Hempstead or the Village Code has occurred. The application
for a search warrant shall, in all respects, comply with applicable
laws of the State of New York.