[Adopted 6-6-1978 by L.L. No. 3-1978]
Nothing in this article shall be deemed to abolish,
impair, supersede or replace existing remedies of the Town, county
or state or existing requirements of any other provision of local
laws or ordinances of the Town or county or state laws and regulations.
In the case of a conflict between this article and other regulations,
that which sets the more stringent requirement will prevail.
[Amended 6-2-1998 by L.L. No. 10-1998; 7-13-2004 by L.L. No.
18-2004; 8-9-2005 by L.L. No. 20-2005]
A.
Occupancy with a rental permit. It shall be unlawful
for the owner, owner’s agent, real estate agent or any person
with apparent authority over any residential building, apartment building,
multiple-residence building, senior-citizen multiple-residence building,
motels, extended-stay residences, bed-and-breakfasts and any units
contained therein to allow, permit or suffer the occupancy of any
residential building, apartment building, multiple-residence building,
senior-citizen multiple-residence building, motels, extended-stay
residences, bed-and-breakfasts and any units contained therein, which
is not the actual residence of the owner, without having first obtained
a rental permit pursuant to this article. It shall be immaterial whether
or not rent or any other consideration is paid to the owner by the
occupant of the dwelling unit.
B.
Occupancy without a rental permit. It shall be unlawful
for a person to occupy any residential building, apartment building,
multiple-residence building, senior-citizen multiple-residence building,
motels, extended-stay residences, bed-and-breakfasts and any units
contained therein until a valid rental permit has been issued for
that residential building, apartment building, multiple-residence
building, senior-citizen multiple-residence building, motels, extended
stay residences, bed-and-breakfasts and any units contained therein,
pursuant to this article. It shall be immaterial whether or not rent
or any other consideration is paid to the owner by the occupant(s)
of the dwelling unit or that the person occupying said residential
building, apartment building, multiple-residence building, senior-citizen
multiple-residence building, motels, extended-stay residences, bed-and-breakfasts
and any units contained therein had knowledge there was not a valid
permit.
C.
Offeror’s responsibility prior to rental/listing:
It shall be unlawful and a violation of this article for any person,
broker or agent, to list, show or otherwise offer for lease, rent
or occupancy any dwelling unit for which a current rental permit has
not been issued. It shall be the person, broker or agent’s duty
to verify the existence of a valid permit before listing, showing
or otherwise offering for lease, rent or occupancy any building or
dwelling unit in the Town of Babylon.
[Amended 7-8-2020 by L.L. No. 10-2020; 3-3-2021 by L.L. No. 3-2021]
The Rental Permit Review Board shall consist of seven members
who shall be appointed by and serve at the pleasure of the Town Board.
The seven-member Rental Permit Review Board (referred to in this article
as the “Rental Board” or "Board") shall henceforth hear
all new Class I and Class II applications and make a final determination
as to whether the applicant should be granted any such permit. It
shall be a violation of this article to rent a residential dwelling
unit in any premises or to rent the entirety of the premises without
first obtaining a valid rental permit.
[Amended 7-8-2020 by L.L. No. 10-2020; 3-3-2021 by L.L. No. 3-2021]
A.
The applicant must file with the Department of Planning and Development
the following items in duplicate:
(1)
Application for permit.
(a)
Application for such permit shall be made, in writing, to the
Department of Planning and Development on a form provided therefor
and shall contain the name of the property owner, the location of
the premises and the number of units to be rented.
(b)
Each application shall be accompanied by a floor plan to scale
of each dwelling unit and accommodation.
(c)
Each application shall be executed by and sworn to by the owner
of the premises.
(d)
Property survey (40 feet to one inch minimum scale) shall be
provided.
(e)
A copy of the certificate of occupancy or certificate of compliance
for the dwelling unit.
(f)
Copy of recorded deed.
(g)
Full disclosure affidavit.
(h)
Two-hundred-foot radius mailing.
(i)
Local agent contact form. If the owner or authorized agent of
a dwelling unit resides or has his principal place of business located
outside the County of Suffolk, he is required to designate an agent
who resides in the County of Suffolk for the service of process of
any notices set forth in this article or for the service of process
of a violation of this article. The failure to provide the name and
address of an agent for service of process, or failing to provide
updated contact information should the authorizing agent's information
change, shall be deemed a violation of this article.
(j)
Each application shall be accompanied by a property maintenance
certification form, sworn to by the owner of the premises.
B.
Term of permit. The permit shall be valid for a period of two years
from the date of issuance.
C.
Public hearing required.
(1)
A public hearing shall be held for all new Class I and Class II applications
and all Class I and Class II renewal applications after the effective
date of this article. The Board shall fix a time and give public notice
thereof by the publication in the official newspaper of such hearing
at least five days prior to the date of the public hearing. The applicant
may appear in person or by an authorized agent at the hearing. The
applicant's agent shall be appointed by the applicant through a limited
power of attorney upon a form to be provided to the applicant by the
Town and submitted to the Board prior to the commencement of the hearing.
(2)
Renewal application. Subsequent to the first renewal after the effective
date of this article, which first renewal shall require a public hearing,
if there have been no Town Code violations or sworn complaints by
the applicant's neighbors relating to the permit granted herein during
the permit period, a renewal applicant shall not be required to appear
at a public hearing, provided that he shall file an affidavit with
the Board stating that he has in all respects been in compliance with
the Town Code during the permit period. If there has been a Town Code
violation by the applicant relating to the permits granted under this
article, a renewal applicant may be required to appear in person at
a public hearing upon request by the Board.
D.
Posting.
(1)
Subject property is to be posted for a period of not less than 10
days immediately preceding the public hearing or an adjourned date
thereof.
(2)
The posting of signs on subject property shall be made in the following
manner:
(a)
The petitioner shall erect on the affected property a sign or
signs of blue printing on a white background, measuring 30 inches
high and 40 inches wide, which shall be prominently displayed on the
premises facing each public street, centered on each area of street
frontage, on which the affected property abuts, set back not less
than 10 feet from the property line, and not less than two feet nor
more than six feet above the grade of the property line, giving notice
that the application for rental permit is pending and the date, time
and place when the public hearing will be held.
(b)
An affidavit is to be filed not later than 48 hours prior to
the public hearing on the petition stating that identical posters
not more than 200 feet apart have been conspicuously posted along
the street frontage at least 10 days prior to the date set for the
public hearing.
(3)
Applicants for renewal of the permit provided for pursuant to this article shall not be required to post a sign on the property pursuant to § 153-4D(1) herein nor shall the applicant for renewal be required to file the affidavit of posting provided for in § 153-4D(2)(b) and as further required by § 153-4A(1)(h) herein.
[Amended 5-9-2000; 7-8-2020 by L.L. No. 10-2020; 3-3-2021 by L.L. No. 3-2021]
A.
Permit fees, inspection fees, and sign posting fees shall be pursuant
to the fee schedule set by resolution of the Town Board and shall
be amended from time to time, in the Town Board's discretion, as follows:
B.
Based upon the recommendation of the Commissioner of Planning and Development, a late charge for permit fees required by § 153-5 of the Babylon Town Code equal to two times the amount of said fees shall be charged by the Commissioner for any and all permit renewals required by Town Code Chapter 153 which are overdue and filed after the permit is expired.
[Amended 2-17-1998 by L.L. No. 2-1998; 12-6-2011 by L.L. No.
27-2011; 10-21-2015 by L.L. No. 18-2015; 7-8-2020 by L.L. No. 10-2020; 3-3-2021 by L.L. No. 3-2021]
A.
No permit or renewal thereof shall be issued for any application
unless the property shall be in compliance with all the provisions
of the Code of the Town of Babylon, the New York State Building Code,
New York State Property Maintenance Code, the sanitary and housing
regulations of the County of Suffolk and the laws of the County of
Suffolk and State of New York.
B.
Prior to the issuance of any such permit or renewal thereof, the
dwelling unit(s) shall be subject to an on-site inspection by a Town
Chief Building Inspector or his/her designee who shall be satisfied
that the property which is the subject of the application is in compliance
with all the provisions of the Code of the Town of Babylon, all applicable
housing, sanitary, building, electrical and fire codes, rules and
regulations. All rental units shall meet the following requirements:
(1)
Battery-operated smoke detectors are required in each bedroom. Battery
operated smoke detectors are required for any hallway leading to a
bedroom. One battery-operated smoke detector is required for each
level of the building, including the basement/cellar and attic. For
new construction, all smoke detectors must be electronically hardwired
with battery backup; no battery-operated smoke detectors are permitted.
(2)
CO detectors must be installed on each sleeping level and the boiler
area.
(3)
Outside stoops which are 24 inches high must have railings.
(4)
Stairwells must have handrails to code.
(5)
If the boiler is in a separate room, five-eighths-inch fire-rated
sheetrock is required with a three-quarter-hour fire-rated, self-closing
door. If the boiler is in an open room, five-eighths-inch fire-rated
sheetrock is required over the boiler only.
(6)
Driveway must be improved (asphalt, concrete or decorative stone)
and in good repair.
(7)
No unlicensed motor vehicle(s) on property.
(9)
Proper storm windows and doors (with screens) must be installed.
(10)
No cellar bedrooms.
(11)
Electric outlets must not be exposed, no holes in walls or flooring
coming up.
(12)
Tiles and grouting in bathrooms must be in good repair.
(13)
All dwelling units must have proper heat, hot water, etc.
(14)
Any construction, modification, alteration, changes or additions
to any building located at the premises shall require a building permit
and certificate of occupancy issued by a Building Inspector.
(15)
New and existing buildings shall have approved address numbers,
building numbers or approved building identification pursuant to the
NYS Building Code and placed in a position to be plainly legible and
visible from the street or road fronting property. Numbers shall be
a minimum of four inches (102mm) high with a minimum stroke width
of 0.5 inch (12.7mm).
(16)
All exterior surfaces, including, but not limited to, doors,
door and window frames, cornices, porches, trim, balconies, decks
and fences, shall be maintained in good condition. Exterior wood surfaces,
other than decay-resistant woods, shall be protected from the elements
and decay by painting or other protective covering or treatment. Peeling,
flaking, and chip paint shall be eliminated and surfaces repainted.
Siding and masonry joints, as well as those between the building envelope
and the perimeter of windows, doors and skylights, shall be maintained
weather-resistant and watertight.
(17)
The roof and flashing shall be sound, tight and not have defects
that admit rain. Roof drainage shall be adequate to prevent dampness
or deterioration in the walls or interior portion of the structure.
Roof drains, gutters, and downspouts shall be maintained in good repair
and free from obstructions. Roof water shall not be discharged in
a manner that creates a public nuisance.
(18)
The sidewalk in front of or abutting the property shall be maintained
in good and safe repair.
(19)
Sewer/septic system shall be properly maintained.
C.
In lieu of an on-site inspection by a Building Inspector, an applicant
may elect to provide the Chief Building Inspector a certification,
designed and approved by the Chief Building Inspector, signed by either
a New York State licensed professional engineer or New York State
licensed architect who has a valid New York State Uniform Fire Prevention
Building Code certificate that the structure and the dwelling units
contained are in compliance with the provisions set forth in this
chapter and in compliance with all the provisions of the Code of the
Town of Babylon, and all applicable housing, sanitary, building, electrical
and fire codes, rules and regulations.
D.
The Rental Permit Review Board may revoke a rental permit or approval
issued under the provisions of this chapter upon application of the
Town Attorney's office for any of the following reasons:
(1)
Where the Board finds that there has been any false statement or
misrepresentation as to a material fact in the application, plans
or specifications on which the building permit was based;
(2)
Where the Board finds that the rental permit was issued in error
and should not have been issued in accordance with the applicable
law;
(3)
Failure to maintain the necessary requirements as outlined in this
article, or occurrence of unlawful activities at or about the premises;
(4)
There is fighting or violent, tumultuous or threatening behavior
by any occupant of the premises;
(5)
There is unreasonable noise from the premises on a regular basis;
(6)
There are repeated calls to the police for disturbances and/or disputes
at the premises;
(7)
There is obstruction of vehicular or pedestrian traffic due to vehicles
from or at the premises;
(8)
There is a hazardous or physically offensive condition created by
an act of an occupant or owner of the premises;
(9)
For existing violations of the Babylon Town Code on the premises;
(10)
When violations of any state or local law exist on the premises;
(12)
Any other reason where the Board finds it is in the best interest
of the community to revoke the permit due to health, welfare and safety
concerns.
E.
Such revocation shall take place after notice to the applicant and
an opportunity for the applicant to be heard by the Rental Permit
Review Board.
F.
There shall be a presumption in a hearing to revoke a rental permit
that an eviction proceeding having been filed with a court of competent
jurisdiction prior to the service of a revocation hearing notice by
the Town of Babylon is proof that the owner of said premises has taken
steps to remediate the violations at the premises and that the rental
permit should not be revoked. This presumption shall continue until
the Suffolk County Sherriff's office executes a warrant of eviction
or the tenants or occupants vacate the premises. This presumption
shall be rebuttable.
[Amended 7-16-2002 by L.L. No. 17-2002; 10-7-2003 by L.L. No. 23-2003; 10-6-2009 by L.L. No. 20-2009; 7-15-2014 by L.L. No. 9-2014; 4-27-2022 by L.L. No. 10-2022]
A first offense based on a violation of this
article shall be punishable by a fine of not less than $500 and not
more than $1,000 and/or imprisonment for a period not to exceed 15
days, or both. A second offense based on a violation of this article
committed within five years of the first offense shall be punishable
by a fine of not less than $1,000 and not more than $1,500 and/or
imprisonment for a period not to exceed 15 days, or both. A third
or subsequent offense based on a violation of this article committed
within five years of the first offense shall be punishable by a fine
of not less than $1,500 and not more than $2,500 and/or imprisonment
for a period not to exceed 15 days, or both. Any person or entity
found by the Bureau of Administrative Adjudication to have violated
this article shall likewise be subject to a monetary penalty in an
amount within the range of fines authorized herein for a first offense
and subsequent offenses.
The Building Inspector of the Town of Babylon
is authorized to make or cause to be made inspections to determine
the condition of dwellings and to safeguard the health, safety, morals
and welfare of the public. The Building Inspector or his designated
representative is authorized to enter, upon the consent of the owner,
any dwelling, dwelling unit, rooming house, rooming unit or premises
at any reasonable time during daylight hours or at such other time
as may be necessary in an emergency, without consent of the owner,
for the purpose of performing his duties under this article.
The Building Inspector of the Town of Babylon
or his designated representative is authorized to make application
to the District Court of Suffolk County for the issuance of a search
warrant in order to conduct an inspection of any premises covered
by this article where the owner refuses or fails to allow an inspection
of its rental premises and where there is reasonable cause to believe
that a violation of this article has occurred. The application for
a search warrant shall in all respects comply with the applicable
laws of the State of New York.
Nothing in this article, except for provisions
concerning emergency inspections, shall be deemed to authorize the
Building Inspector of the Town of Babylon or his authorized representative
to conduct an inspection of any premises subject to this article without
the consent of the owner of the premises and without a warrant duly
issued by an appropriate court.
[Added 8-9-2005 by L.L. No. 20-2005]
A.
The presence or existence of any of the following
shall create a rebuttable presumption that a premises is rented:
(1)
The property is occupied by someone other than the
owner, and the owner of the property represents in writing or otherwise,
to any person or establishment, business, institution or government
agency, that he resides at an address other than the rental property.
(2)
Persons living in premises represent that they pay
rent to the owner of the premises.
(3)
Utilities, cable, phone or other services are in place
or requested to be installed or used at the premises in the name of
someone other than the record owner.
(4)
Testimony by a witness that it is common knowledge
in the community that a person other than the record owner resides
in premises.
(5)
There is more than one mailbox at the premises.
(6)
There is more than one gas meter at the premises.
(7)
There is more than one electric meter at the premises.
(8)
There are separate entrances for segregated parts
of the dwelling.
(9)
There are partitions or internal doors which may serve
to bar access between segregated portions of the dwelling, including
but not limited to bedrooms.
(10)
There exists a separate written or oral lease
or rental arrangement, payment or agreement for portions of the dwelling
among its owner(s) and/or occupants and/or persons in possession thereof.
(11)
The inability of any occupant or person in possession
thereof to have unimpeded and/or lawful access to all parts of the
dwelling unit.
(12)
Two or more kitchens each containing one or
more of the following: a range, oven, hotplate, microwave or other
similar device customarily used for cooking or preparation of food
and/or a refrigerator.
B.
Nothing herein shall be construed to prevent persons
living together as a family unit, with the owner, as defined by this
Code.
[1]
Editor's Note: Former § 153-11,
Presumption of rent, was repealed 6-2-1998 by L.L. No. 10-1998.
