The Board of Trustees of the Village of Ocean
Beach, being a legislative body, hereby finds and declares as follows.
The Village of Ocean Beach is and has been primarily a small residential
summer vacationing community and, because of its geographical location
and isolation and the small extent of its territorial limits, is not
calculated to become otherwise. Buildings within the village are principally
small and of frame construction and not fireproofed and were designed
for, and have been used as, one-family dwellings. Because of isolation
from the mainland and the highly flammable nature of the undergrowth
in the village, fire hazards exist. At the peak of annual summer seasons
the population of the village has become such as to tax existing and
available village water, sewer, fire protection and police service.
The limitation and supervision of rooming houses and multifamily dwellings
is essential to the public welfare. The enactment of the following
provisions of the laws of the village are necessary in the public
interest and welfare. This Article shall not be construed as permitting
the erection or use of a structure or structures or the reconstruction
or alteration thereof in violation of the Zoning Law of the Incorporated
Village of Ocean Beach.[1]
As used in this Article, the following terms
shall have the meanings indicated:
Any building or buildings used or attempted to be used in
whole or in part for the letting or renting of rooms for hire and
shall include, without limitation, boardinghouses, hotels or inns
where meals are served or provided, or cooking facilities are provided,
or where public rooms or halls are maintained.
No person shall conduct, permit to be conducted,
offer for rent, attempt to rent or rent rooms in a rooming house within
the Village of Ocean Beach (to the extent that such rooming houses
are permitted by this Article and the Zoning Law[1]) without first having obtained a license therefor issued
by the Village Clerk after the approval thereof by the Board of Trustees
of the village, nor shall any person rent a room from any person offering
to rent rooms unless there has been a license for such room issued
by the Village Clerk after the approval thereof by the Board of Trustees
of the village. All applications for licenses shall be made upon forms
provided by the Village Clerk.
A.
At any time prior to April 15 of the year of expiration
of a license hereunder any person heretofore possessing a validly
issued license and desiring to procure a renewal of said rooming house
license shall make application therefor to the Board of Trustees of
the Village of Ocean Beach, upon a form to be furnished by said Board,
which shall be substantially as follows:
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Board of Trustees, Village of Ocean Beach Application
No. _______
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Application for renewal of existing rooming
house establishment license.
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1.
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Name and address of applicant
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2.
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State whether individual, partnership or corporation
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3.
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If partnership, state names and addresses of
all persons having an interest in the business
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4.
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If corporation, state names and addresses of
its officers
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5.
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If a corporation, give the names and addresses
of each stockholder, together with the number of shares of capital
stock held by each
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6.
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Location of establishment
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Dated _______________, 19 ____.
State of New York)
: ss.:
County of Suffolk)
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______________________ being duly sworn, deposes
and says: I am the above-named applicant and make this affidavit for
the purpose of obtaining from the Village of Ocean Beach a license
to operate a rooming house as provided in a law relating to and regulating
rooming houses, providing for the licensing thereof, regulating the
conduct of persons therein, defining offenses and providing penalties
for the violation thereof. I have personal knowledge of the matters
stated in the foregoing application and the statements therein contained
are true.
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Sworn to before me this
______ day of __________________ 20____
Notary Public, Suffolk County
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B.
The said application shall be signed and duly verified
by the applicant before an officer authorized to administer oaths.
No such application shall be granted to conduct such rooming house
on premises which do not conform to the requirements of this Article
and all laws and regulations of the State of New York and all laws
and regulations of the Village of Ocean Beach.
C.
During the year 1979, such application shall be made
within 30 days of the adoption of this chapter by the Board of Trustees.
D.
Renewal of an application for a license shall be made
on an application indicating only changes from any prior application.
The Board of Trustees, upon presentation of
such application and before acting upon the same, shall refer such
application to the Building Inspector and the Chief of the Fire Department
for full investigation as to compliance with this chapter and as to
any or all other matters which might tend to aid said Board of Trustees
in determining whether or not such application should be granted.
The Building Inspector and the Chief of the Fire Department shall,
within one week after any application has been referred to them, furnish
a written report to the Board of Trustees and to the applicant containing
the result of their investigation. If the applicant is subject to
an inspection by an agency of New York State for fire and safety,
the applicant may submit the most recent inspection report, in which
event no inspection by the Building Inspector or the Fire Chief shall
be necessary unless the state agency does not require compliance with
rules and regulations substantially equivalent to those of the village.
In the event that the state inspection demonstrates a failure to comply
with state law, any such violations shall be a ground for revocation
of the license in accordance herewith.
[Amended 4-26-1986 by L.L. No. 2-1986; 3-8-1997 by L.L. No. 2-1997; 4-25-1998 by L.L. No. 5-1998]
A.
Application for a license hereunder shall be made
by the owner or other operator of a lawful rooming house by April
15 of each calendar year in which the license expires on a form as
prescribed by the Board of Trustees. If an owner or other operator
of a rooming house located in the Residence District, as defined by
the Zoning Law,[1] shall have obtained a license therefor and shall thereafter
fail to renew said license or if such an owner obtains a license for
such a rooming house within the term of the license, then no license
shall thereafter be granted hereunder with respect to said rooming
house to any owner or operator, and such owner or operator shall be
deemed to have abandoned the right to such a license for said rooming
house.
B.
Each owner or operator of a rooming house permitted
to be maintained under this article and the Ocean Beach Zoning Law[2] shall pay in advance a license fee based upon the number
of rooms for hire contained in such rooming house, which fee shall
compensate the village for the administration of this article, as
follows:
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Number of Rooms
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Annual License Fee
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1
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$100
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2 to 4
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$200
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Under 9
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$275
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9 or more
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$350
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and which may be amended from time to time by
the Board of Trustees by a duly adopted resolution.
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C.
All licenses, without regard to the date when issued,
shall be for a period commencing May 1 in each year and ending April
30 two years thereafter. The annual fee shall be required to be paid
for each year of the license term. There shall be no proration of
the license fee for a fraction of two years. All license fees shall
be payable to the Village Clerk before the issuance of any license.
A.
The Board of Trustees reserves unto itself the power
to revoke any license issued under the provisions of this Article
at any time where:
(1)
The same was procured by fraud or false representation
of fact;
(2)
For the violation of any of or failure to comply with
any of the provisions of this Article:
B.
At least seven days before revoking any license, the Board of Trustees shall cause to be made to the holder of the license, at the address at which his rooming house is being conducted, a notice stating the time and place of a hearing concerning the revocation, at which the licensee shall be entitled to be heard and to introduce testimony of witnesses and to cross-examine witnesses. After a hearing by the Board, but before any final order of revocation, the licensee shall be given a reasonable opportunity to take steps to correct the cause of the proposed revocation by reason of any such revocation arising under Subsection A(2) or (3) above.
A.
Not more than three persons shall occupy any room
in any rooming house at the same time; provided, however, that if
such room is smaller in floor area than 80 square feet, then not more
than two persons shall occupy such room at the same time, and provided
further that if such room is 60 feet or less in floor area, then not
more than one person shall occupy such room. In the event of any conflict
herein with any occupancy rule required by any New York State Agency,
the rule of the New York State agency shall prevail.
B.
Each room in any rooming house used or intended to
be used for occupancy by or the accommodation of persons, for hire,
shall contain at least one operating window to the outside and at
least one doorway opening directly on a hallway or open room not a
bedroom, which leads directly to an exit from the building, or an
opening directly to the outside of the building.
C.
Each rooming house shall be provided and equipped
with not less than one toilet and washbasin for each six persons accommodated
for hire or designed to be accommodated for hire in such house.
D.
No rooming house in the Residence District of the
village, as defined by the Zoning Law,[1] shall be used to accommodate more than 10 persons except
such rooming houses as were formerly zoned in the commercial district
pursuant to the Zoning Ordinance of 1921 and which were lawfully used
to accommodate more than 10 persons as of October 7, 1978.
E.
All rooming houses shall comply with all building
codes and all regulations relating to fire prevention; and each applicant
shall, by making application for a license hereunder, consent to an
inspection by the Building Inspector or his designated agent on an
annual basis or whenever there is probable cause to believe a violation
of this section has occurred.
F.
All rooming houses shall comply with all rules and
regulations of the Suffolk County Health Department; and each applicant
shall, by making application for a license hereunder, consent to an
inspection by an official of the Suffolk County Health Department.
G.
Each person operating a rooming house pursuant to
this section shall designate an authorized person residing on the
premises, who shall have the authority to act in the place of the
person operating the rooming house in the event said person does not
reside on the premises.
H.
It shall be the responsibility of the person operating
a rooming house hereunder to make reasonable efforts to ensure compliance
with the laws of the village relating to noise and peace and good
order.
I.
Any rooming house shall provide a managing agent residing
within the village, whose name, address and telephone number shall
be conspicuously posted on the premises and who shall likewise be
registered with the Village Clerk and the Village Police Department
and who shall be available at all times whenever any of said rooms
are occupied. For each rooming house containing more than five rental
units, such managing agent must reside on the premises or within 200
feet thereof.
[Added 6-17-89 by L.L. No. 2-1989]
J.
Any rooming house shall maintain a central register
which shall contain the name, resident address and telephone number
of each registered guest or occupant, shall be signed by said guest
or occupant and shall note the date and time of arrival and the date
and time of departure.
[Added 6-17-89 by L.L. No. 2-1989]
K.
The changing of the ownership of a rooming house to
a condominium or cooperative in which each room or set of rooms is
separately owned by individuals, firms, partnerships or corporations
shall constitute a change of use of such rooming house and shall be
prohibited.
[Added 6-17-89 by L.L. No. 2-1989]
All rooming houses in the village shall be subject
to annual inspection by the Building Inspector of the village or his
designated inspectors and by such other department or departments
or officer or officers of the village or of any town, county, state
or federal agency as may from time to time be designated by the Board
of Trustees of the village to ensure compliance with this Article,
and no license shall be issued before an annual inspection shall have
been permitted.
Every permit issued under this section shall at all times be kept on the premises and displayed in a conspicuous public place therein and shall be framed or otherwise protected against dust, dirt and the action of the elements and shall at all times be subject to the inspection of any officer, inspector or representative of the Board of Trustees of the Village of Ocean Beach in accordance with § 106-20 hereof.
