[HISTORY: Adopted by the Board of Trustees
of the Village of Manorhaven 12-20-2006 by L.L. No. 4-2006.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building Code administration — See Ch. 38.
Housing standards — See Ch. 82.
Property maintenance — See Ch. 112.
Zoning — See Ch. 155.
[1]
This local law also repealed former Ch. 120,
Rental Housing Licenses, adopted 4-27-2005 by L.L. No. 4-2005, as
amended.
The Board of Trustees recognizes the inherent
dangers of rental dwelling units which do not meet minimum firesafety
and construction standards. It hereby finds and determines that a
reasonable and lawful means providing for the registration and inspection
of such dwelling units, on a periodic basis, will promote the health,
safety and welfare of the inhabitants of said dwelling units and the
good order of the Village in general.
As used in this chapter, the following terms
shall have the meanings as indicated:
The person, if any, designated by the record owner.
The duly constituted Board of Trustees of the Incorporated
Village of Manorhaven.
The Code of the Incorporated Village of Manorhaven.
The officer of the Village having the title of Code Enforcement
Officer, as set forth in the Code, or as appointed or designated by
the Board of Trustees.
The County of Nassau in the State of New York.
Any instance in which the health, safety and/or welfare of
any citizen is placed at risk by virtue of a condition or occurrence
at the property which is the subject of an emergency inspection.
[Added 5-29-2008 by L.L. No. 4-2008]
The spouse, the natural child, the adopted child, the stepchild,
the parent, the step-parent, the sibling, the half-sibling, the grandchild,
the step-grandchild or the grandparent of the record owner.
The office of the Village Clerk of the Incorporated Village
of Manorhaven.
The Penal Law of the State of New York.
The person or persons set forth in the latest deed or other
instrument of conveyance, as filed in the office of the Nassau County
Clerk, setting forth the true and accurate owner or owners of real
property.
In point of time, the owner immediately next succeeding the
record owner.
The officer of the Village having the title Superintendent
of Buildings, as appointed or designated by the Board of Trustees.
The Incorporated Village of Manorhaven, in the Town of North
Hempstead, in the County of Nassau, in the State of New York.
It shall be unlawful to use, establish, maintain,
lease or let any premises, entirely or partially for residential occupancy,
where any rent or other consideration is paid, charge is made or services
are rendered in exchange for such use or occupancy, without first
having obtained a permit therefor, as required by this chapter.
Application for a permit shall be made, in writing,
on forms provided by the Village for such purpose, to the Superintendent
of Buildings, or to such other person as may be designated by the
Board of Trustees from time to time. Such application shall contain
such information and shall have appended to it such documents as shall
be reasonably required and as more particularly set forth in a writing
promulgated, from time to time, by the Superintendent of Buildings.
An application hereunder shall be executed by
the record owner of the premises or by an agent designated, in writing,
by said record owner, for the purposes of this chapter. Said record
owner or agent, as the case may be, shall be the person upon whom
service shall be made of any written violation or notice of violation
under this Code. Where a record owner maintains residence outside
of the County of Nassau, State of New York, such record owner, as
a condition of any permit hereunder, shall designate a person as the
agent for such premises.
A permit shall be issued hereunder upon a determination
by the Superintendent of Buildings that the dwelling unit conforms
to all applicable provisions of the New York State Uniform Fire Prevention
and Building Code[2] and the Code of the Incorporated Village of Manorhaven,
after an inspection of the dwelling unit for such purpose. Where the
provisions or requirements of such codes are in conflict, one with
the other, then the provision or requirement which is the more restrictive,
or which establishes the higher standard, shall prevail.
[1]
Editor's Note: Former §§ 120-6, Inspection of dwelling unit, and 120-9, Waiver of inspection, were repealed 5-29-2008 by L.L. No. 4-2008. This local law also redesignated former §§ 120-7, 120-8, 120-10, 120-11, 120-12 120-13, 120-14 and 120-15 as §§ 120-6, 120-7, 120-12, 120-13, 120-14, 120-15, 120-16 and 120-17, respectively.
Where the Superintendent of Buildings determines
not to issue a permit hereunder, the Superintendent of Buildings shall
provide written notice to the applicant as to the basis therefor,
which notice shall set forth, in detail, those matters which are required
to be addressed by the applicant in order for such permit to issue.
In the event of any denial of a permit hereunder, the applicant shall
have a right of appeal to the Board of Trustees, which shall consider
any such appeal promptly and provide its decision, in writing, to
the applicant.
[Added 5-29-2008 by L.L. No. 4-2008]
A.
No permit or renewal thereof shall be issued under
any application unless the property shall be in compliance with all
the provisions of the Code of the Incorporated Village of Manorhaven,
the laws and sanitary and housing regulations of the County of Nassau
or any special district and the laws of the State of New York.
B.
Prior to the issuance of any such permit or renewal
thereof; the property owner shall provide a certification from a licensed
architect, a licensed professional engineer or the Village Building
Superintendent that the property which is the subject of the application
is in compliance with all the provisions of the Code of the Incorporated
Village of Manorhaven, the laws and sanitary and housing regulations
of the County of Nassau or any special district and the laws of the
State of New York.
[Added 5-29-2008 by L.L. No. 4-2008]
The Village Building Superintendent 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 Superintendent or his designated representative
is authorized to enter, upon the consent of the owner, tenant or occupant
of 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.
[Added 5-29-2008 by L.L. No. 4-2008]
The Village Building Superintendent or his designated
representative is authorized to make application to any court with
jurisdiction over the premises 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.
[Added 5-29-2008 by L.L. No. 4-2008]
Nothing in this article, except for provisions
concerning emergency inspections, shall be deemed to authorize the
Village Building Superintendent or his authorized representative to
conduct an inspection of any premises subject to this article without
the consent of the owner and/or occupant of the premises and without
a warrant duly issued by an appropriate court.
A permit issued hereunder shall be valid for a period of two years from the date of issuance, except upon transfer of record ownership of the premises under § 120-11 hereof.
A permit issued hereunder shall not be transferred
or be transferable to a successor record owner. The then-current record
owner shall provide written notice to the Superintendent of Buildings
upon transfer of title to the premises within 48 hours of any such
event. The successor record owner shall, not later than 10 days after
the date of transfer of title to the premises, apply for such permit
or permits hereunder as may then be required for such premises.
The Board of Trustees shall adopt, and from
time to time may amend, a schedule of fees payable by applicants for
permits hereunder or for renewals thereof. Such schedule of fees may,
in the discretion of the Board of Trustees, take into account if the
dwelling unit is occupied by the record owner or by a member or members
of the immediate family of the record owner. Such schedule of fees
may, in the discretion of the Board of Trustees, take into account
if the record owner is over the age of 65 at the time application
is made hereunder.
A record of all applications made and permits
issued hereunder shall be maintained in the office of the Village
Clerk.
It shall be unlawful and a violation of this
chapter and an offense within the meaning of the Penal Law for any
person to list, solicit, advertise or offer, exhibit or show, to any
person, a dwelling unit within the Village, for the purpose of bringing
about or causing the rental thereof, where no currently effective
permit has been issued by the Superintendent of Buildings in respect
to such dwelling unit, as provided in this chapter.
[Amended 3-23-2017 by L.L. No. 4-2017]
A.
Any person who violates, or assists in the violation of, any provision of this chapter other than § 120-3 (Permit required) shall be guilty of a violation punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of two years, punishable by a fine of not less than $1,000 nor more than $2,000 or imprisonment for a period not to exceed 15 days, or both; and upon conviction of a third or other subsequent offense, all of which were committed within a period of three years, punishable by a fine of not less than $2,000 nor more than $3,000 or imprisonment for a period not to exceed 15 days, or both. Each week’s continued violation shall constitute a separate violation of this chapter.
B.
Any person who violates, or assists in the violation of, § 120-3 (Permit required) shall be guilty of a violation punishable by a fine in an amount equal to twice the then-current permit fee payable pursuant to § 120-14 (Schedule of fees). Each week’s continued violation shall constitute a separate violation of this chapter.
