[Adopted 1-17-2008 by L.L. No. 1-2008]
The Village Board of the Village of Island Park
has determined that serious conditions exist in the Village of Island
Park arising from the rental of dwelling units that are substandard
or in violation of New York State Building Code, New York State Fire
Code, New York State Fuel-Gas Code, New York State Residential Code,
New York State Property Maintenance Code, New York State Plumbing
Code, New York State Electrical Code, Multiple Residence Law, Building
Rehabilitation Code and other codes and ordinances of the Village,
are inadequate, that such dwelling units pose hazards to the safety,
well-being and property of residents of the Village and others, create
blight and tend to promote and encourage deterioration of the housing
stock of the Village, exacerbate vehicle traffic and parking problems
and overburden municipal services. The Board finds that current Code
provisions are inadequate to halt the proliferation of such conditions
and that the public health, safety, welfare and good order and governance
of the Village will be enhanced by the enactment of the regulations
set forth in this article, which regulations are remedial in nature
and effect.
As used in this article, the following terms
shall have the meanings indicated:
ABANDONED HOUSEHOLD CONTENTS
Furniture, furnishings, housewares, appliances and other
personal property customarily found in and used in residential dwellings,
which are deposited at or along said dwelling's street frontage, in
part or in whole, pursuant to a duly executed warrant of eviction
by legally authorized law enforcement officers and/or personnel.
APARTMENT
An entirely self-contained dwelling unit containing complete
housekeeping facilities, including cooking facilities, for only one
family. An apartment shall have no enclosed space in common with any
other dwelling or apartment other than vestibules, entrances, hallways
or porches.
APARTMENT HOUSE or GARDEN APARTMENT
A building or buildings arranged, intended or designed to
be occupied by two or more individuals or families living independently
of each other in apartments.
AUTHORIZED AGENT
Any person, organization, partnership, association, corporation
or other legally recognized entity having actual or apparent authority
to act on behalf of an owner regarding this article and all state
and local rules, regulations and ordinances referenced herein. It
shall be a rebuttable presumption that any person, organization, partnership,
association, corporation or other legally recognized entity that accepts
or receives rent or any other consideration from the occupant of a
dwelling unit is an authorized agent.
BUILDING
A structure having a roof supported by columns or walls.
When separated by a party wall without openings, it shall be deemed
a separate building.
CODE ENFORCEMENT OFFICIAL
The official who is charged with the administration and enforcement
of this article, or any duly authorized representative of such person,
including but not limited to the Building Inspector, Chief Building
Inspector, Senior Building Inspector, Building Permits Coordinator,
Zoning Inspector, Plumbing Inspector, Fire Marshal, Fire Marshal I,
Fire Marshal II, Chief Fire Marshal, Village Investigator, Senior
Village Investigator, Ordinance Inspector, or the Village Clerk of
the Village of Island Park.
DWELLING
A building designed exclusively for residential purposes
and arranged or intended to be occupied by one individual or one family
only. A dwelling shall not have a separate entrance leading to a separated
living space which contains a stove, kitchen and/or attached plumbing
fixtures.
DWELLING, MULTIPLE
A building or portion thereof arranged, designed for or occupied
by three or more families living independently of each other with
separate cooking facilities. A boardinghouse, furnished-room house,
dormitory, rooming house, tourist house or fraternity house is a building
in which there are fewer than 30 sleeping rooms occupied primarily
by transients who are lodged with or without meals and in which there
are provided such services as are incidental to its use as a temporary
residence, and is a multiple dwelling, a dwelling occupied by one
or two families with five or more transient boarders, roomers or lodgers
in one or both households.
DWELLING, TWO-FAMILY
A building arranged, designed for one or occupied exclusively
as a home or residence for not more than two families living independently
of each other.
DWELLING UNIT
A structure or building, one-, two-, or three-family dwelling
apartments, multiunit apartments, apartment houses, condominiums,
cooperatives, garden apartments or townhouses, occupied or to be occupied
by one or more persons as a home or residence.
FAMILY
One or more persons, whether or not related to each other
by blood, marriage or adoption, all occupying a single, whole, legal
single or one-family dwelling unit as a traditional family or the
functional equivalent of a traditional family, having access to and
utilizing the whole of such dwelling unit, including but not limited
to all rooms and housekeeping facilities in common. In determining
whether individuals are living together as a functional equivalent
of a traditional family, the following criteria must be present:
A.
The group is one which in structure and function
resembles a traditional family unit; and
B.
The occupants must share the entire single or
one-family dwelling unit and live and cook together as a single housekeeping
unit. A unit in which the various occupants act as separate roomers
may not be deemed to be occupied by the functional equivalent of a
traditional family; and
C.
The occupants share expenses for food, rent,
ownership costs, utilities and other household expenses; and
D.
The occupancy is permanent and stable. Evidence
of such permanence and stability includes, but is not limited to:
(1)
The presence of minor children regularly residing
in the household who are enrolled in local schools;
(2)
Members of the household have the same address
for purposes of voter registration, driver's licenses, motor vehicle
registration, filing of taxes and delivery of mail;
(3)
Members of the household are employed in the
area;
(4)
The household has been living together as a
unit for a year or more, whether in the current dwelling unit or in
other dwelling units;
(5)
Common ownership of furniture and appliances
among the members of the household; and
(6)
Any other factor reasonably related to whether
or not the occupants are the functional equivalent of a family.
KITCHEN
An area within a building which contains a sink, a refrigerator
and an element utilized for heating or cooking of consumable goods.
MANAGING AGENT
Any individual, business, partnership, firm, corporation,
enterprise, trust, company, industry, association, public utility
or other legal entity responsible for the maintenance or operation
of any rental property as defined within this article.
NEW PERMIT
A permit which is to be issued to the owner of an intended
rental premises where such premises have not been the subject of a
rental occupancy permit continuously prior to the date of application
for the permit.
OCCUPANT
A natural person who leases, uses or occupies a dwelling
unit.
OWNER
Any person or entity in whose name the real property upon
which the dwelling unit is situated is recorded in the office of the
Nassau County Clerk. The person or entity in whose name the real property
is recorded in the office of the Nassau County Clerk shall be presumed
to be the owner thereof.
RENEWAL RENTAL OCCUPANCY PERMIT
A permit which is to be issued to the owner of a rental dwelling
unit where such premises have been the subject of a rental occupancy
permit continuously prior to the date of application for the permit.
RENT
A return, in money, property or other valuable consideration
(including payment in kind or for services or other thing of value),
for the use and occupancy or the right to the use and occupancy of
a dwelling unit, whether or not a legal relationship of landlord and
tenant exists between the owner and the occupant or occupants thereof.
RENTAL DWELLING
A dwelling unit established, occupied, used or maintained
for rental occupancy.
RENTAL OCCUPANCY
The occupancy or use of a dwelling unit by one or more persons
as a home or residence under an arrangement whereby the occupant or
occupants thereof pay rent for such occupancy and use.
RENTAL OCCUPANCY PERMIT
A permit which is issued upon application to the Island Park
Village Clerk or her designee, and which shall be valid for two years
from the date of issuance.
No rental occupancy permit or renewal thereof
shall be issued under any application unless the property shall be
in compliance with all the provisions of the laws, rules, ordinances,
regulations and codes of any applicable governmental authority, including
but not limited to the Village of Island Park, the County of Nassau
and the State of New York.
[Amended 12-22-2016 by L.L. No. 36-2016; 11-16-2017 by L.L. No. 23-2017; 5-16-2019 by L.L. No. 9-2019]
A. All permits issued or renewed pursuant to this chapter subsequent
to January 1, 2017, shall be valid for a period of one year. The fee
for such permits shall be set from time to time by the Board of Trustees.
B. Notwithstanding any provision to the contrary, all permits newly
issued at any time during calendar year 2017 shall terminate on December
31, 2017.
C. The Clerk of the Village is hereby authorized to pro-rate the fee
for such permits according to the date on which such permits are issued.
The amount of the pro-rated fee shall be determined by the Clerk of
the Village. Such permits may be renewed on January 1, 2018, and on
the first of January in every year thereafter, according to the rules
and procedures set forth by the Clerk of the Village and upon the
payment by the applicant of the full amount of the permit fee set
forth in this section for such permits.
D. Notwithstanding any provision to the contrary, all permits renewed
at any time during calendar year 2017 shall terminate on December
31, 2017. The Clerk of the Village is hereby authorized to pro-rate
the fee for such permits according to the date on which such permits
are issued. The amount of the pro-rated fee shall be determined by
the Clerk of the Village.
E. All such renewed permits may be renewed again commencing on January
1, 2018, and on the first of January in every year thereafter, according
to the rules and procedures set forth by the Clerk of the Village
and upon the payment by the applicant of the full amount of the permit
fee set forth in this section for such permits.
F. Beginning on January 1, 2017, the issuance of rental occupancy permits
will be pro-rated, including the permit fee by calendar month, so
that the renewal date for all rental occupancy permits shall be January
1, 2018. From January 1, 2018, forward, all rental occupancy permits
issued pursuant to this article shall be valid for a period not to
exceed one year, with a renewal date of January 1 of each calendar
year. The rental fee for any permit will be set from time to time
by the Board of Trustees.
It shall be the duty of the Island Park Village
Clerk, or her designee, to maintain a register of the rental occupancy
permits issued pursuant to this article. Such register shall be kept
by Tax Map number, license number, receipt number and 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 that said rental occupancy
permit expires for such unit, or in an organized manner as the Island
Park Clerk so establishes.
The code enforcement official is authorized
to make, or cause to be made, inspections as provided for in this
article to determine the condition of rental dwelling units to safeguard
the health, safety and welfare of the public. The code enforcement
official 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 any reasonable time, or at such other time as may be
necessary in an emergency, without consent of the owner, authorized
agent and/or tenant for the purpose of performing his duties under
this article.
The code enforcement official is authorized
to make application to the Village Justice Court of the Village of
Island Park or the District Court of Nassau County or 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 article where the owner or occupant refuses
or fails, after due notice by certified mail, to allow a physical
inspection where one is deemed necessary by the code enforcement official
of the rental dwelling unit or premises, and where there is reasonable
cause to believe that there is a violation of the codes, laws, ordinances,
rules, or regulations of the Village of Island Park, or the County
of Nassau or the State of New York. The application for a search warrant
shall, in all respects, comply with applicable laws of the State of
New York.
Nothing in this article, except for provisions
concerning emergency inspections, shall be deemed to authorize the
code enforcement official to enter any property to conduct an inspection
of any premises without the consent of the owner and the consent of
the occupant, if there is one. Otherwise, a warrant duly issued by
a court of competent jurisdiction is required.
No change of occupancy or use shall be made
in a building hereafter erected or altered that is not consistent
with the last-issued certificate of occupancy for such building unless
a new certificate of occupancy is secured. In the case of an existing
building, no change of occupancy that would bring it under some special
provision of this article shall be made unless the Island Park Village
Clerk, or her designee, upon physical inspection of the premises,
finds that such building conforms substantially to the provisions
of all applicable laws, regulations, rules, ordinances and codes,
including those of the Village of Island Park, the County of Nassau
and the State of New York with respect to the proposed new occupancy
and use. Additionally, no new certificate of occupancy may be issued
without following the other normal practices and procedures established
in the Village of Island Park.
Under New York State Public Officers Law § 87(2)(b),
rental registration forms, and that portion of the rental occupancy
permit application required, shall be exempt from disclosure under
the Freedom of Information Law on the grounds that such disclosure
would constitute an unwarranted invasion of personal privacy. The
code enforcement official will institute strict policies to ensure
that such information is available only to Village personnel who are
engaged in the enforcement of the provisions of this article.
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 sale on behalf of the owner or authorized
agent any dwelling unit for which there is not in effect a valid current
rental occupancy permit issued by the Village Clerk or her designee,
in any situation where a rental occupancy permit is required by this
article. The aforesaid person, broker or agent has a duty to verify
the existence of a valid rental occupancy permit where one is required.
[Amended 2-18-2016 by L.L. No. 3-2016]
Any person, association, firm or corporation who or which violates
any provision of this article or assists in the violation of any provision
of this article shall be guilty of a violation punishable as follows:
A. Shall be liable for and pay a fine of not less than
$500 nor more than $2,000, or imprisonment for a period not to exceed
15 days, or both, for conviction of a first offense.
B. Shall be liable for and pay a fine of not less than
$1,000 nor more than $3,000, or imprisonment for a period not to exceed
15 days, or both, for conviction of the second of two offenses, both
of which were committed within a period of five years.
C. Shall be liable for and pay a fine of not less than
$1,500 nor more than $5,000, or imprisonment for a period not to exceed
15 days, or both, for conviction of the third or subsequent offenses,
all of which were committed within a period of five years.
This article shall take effect on April 1, 2008,
after having first been filed with the New York Secretary of State.
[Adopted 7-16-2020 by L.L. No. 4-2020]
As used in this article, the following terms shall have the
meanings indicated:
TRANSIENT RENTAL PROPERTY
A rental dwelling or dwelling unit occupied by persons other
than the owner or a family member of the owner and for which rent
is received by the owner, directly or indirectly, in exchange for
such rental occupation for a period of less than six months. For the
purposes of this code, the term "transient rental property" shall
refer to all non-owner-occupied dwelling units rented for a period
of less than six months and shall not include:
A.
Properties used exclusively for nonresidential commercial purposes
in any zoning district; or
B.
Any legally operating hotel/motel business operating exclusively
and catering to transient clientele; that is, customers who customarily
reside at these establishments for short durations for the purpose
of vacationing travel, business, recreational activities, conventions,
emergencies and other activities that are customary to a commercial
hotel/motel business.
Transient rental, or licensing, or the advertisement thereof
by any means by an owner or long-term tenant for the use of a single-family
or two-family dwelling or a portion thereof located in any residence
district for a term of less than six months while the owner or long-term
tenant does not occupy the premises is prohibited.
Any person, association, firm, or corporation who or which violates
any provision of this chapter or assists in the violation of any provision
of this chapter shall be guilty of a violation, punishable by:
A. A fine of not less than $250 and not exceeding $1,000 for conviction
of a first offense; and $250 a day for every day the property is in
violation of this code.
B. A fine of not less than $500 and not exceeding $2,000 for conviction
of a second offense; and $250 a day for every day the property is
in violation of this code.
C. A fine of not less than $1,000 and not exceeding $3,000 for conviction
of a third offense; and $250 a day for every day the property is in
violation of this code.