[HISTORY: Adopted by the Board of Trustees
of the Village of Ellenville 2-11-2008 by L.L. No. 2-2008. Amendments noted where
applicable.]
It shall be unlawful, without obtaining a license from the Village Clerk, for any person, firm of corporation, either as owner, tenant or agent, to run, operate or maintain in the Village of Ellenville, a hotel, motel, inn, boardinghouse, lodging house, association, club, or any building or part of a building used in the business of renting rooms or furnishing meals with accommodations for more boarders or roomers than allowed as of right in a single-family dwelling as set forth in the Chapter 227, Zoning, of the Village of Ellenville, as amended.
A.
All applications for licenses or renewals thereof
shall be made in writing, in duplicate, containing the information
called for, on forms furnished by the Village Building Inspector/Code
Enforcement Officer, and shall be sworn to by the applicant or his
or its duly authorized agent or representative. Notwithstanding the
foregoing, the applicant is specifically required to represent on
the application the maximum occupancy limits of each room or dwelling
unit offered for public occupancy.
B.
Petition for relief from license. Any person or corporation, either as owner, tenant or agent seeking to operate or maintain a facility listed under § 129-1 within the Village may submit a petition to the Village Board requesting relief from the requirement to gain a license before allowing occupancy of said facility. Such petition shall be subject to approval by the Village Board, and no occupancy shall be allowed without a license unless approval of the Village Board has been previously obtained.
(1)
The Village Board, in making a determination to grant
relief to a person or corporation acting as owner, tenant or agent,
may consider in reaching a decision on such request any item that
the Village Board deems appropriate, including, but not limited to,
the following: whether the occupant is a victim of displacement of
his/her primary residence due to fire, flood, or other catastrophe;
whether the occupancy will be temporary in nature; whether the occupant
is acting in the capacity of property manager of the facility; whether
the occupant is an immediate family member of the owner, tenant or
agent in control of the facility, etc. The Village Board may also
consider such other terms and conditions as the Village Board deems
appropriate.
C.
Applications under this section are required for all
facilities in existence at or prior to the adoption of this chapter
by the Village Board of Trustees, as well as all facilities that arise
any time thereafter.
No license shall be issued or renewed except
after the application has been investigated and the premises inspected
by the Building Inspector/Code Enforcement Officer and except where
the applicant keeps and maintains, and agrees during the term of the
license to keep and maintain in the entrance hall, lobby or reception
room, a bound register, with pages numbered consecutively, in which
shall be plainly written, in the English language:
No license shall be issued or renewed for a
longer period than one year and all licenses shall expire on December
31 of each year. All applications, properly filled out, must be filed
at least 30 days before applicant intends to commence operations.
Fees for the issue of a license hereunder or
subsequent renewals thereof shall be as set forth from time to time
by resolution of the Village Board of Trustees.
No license shall be issued except where the
applicant has satisfied the Building Inspector/Code Enforcement Officer,
after inspection by him, that toilet and sewerage facilities are adequate
and proper for taking care of the number of guests for which the applicant
proposes to take out a license, and that an adequate supply of potable
and wholesome drinking water is at all times available, and hot water
for bathing and dish washing; also that the building is structurally
safe and properly protected from fire, and that the rooms are adequate
as to size and ventilation.
A.
Any and all licenses or renewals thereof issued hereunder
may be revoked by resolution of the Village Board upon proof being
made to its satisfaction that any of the terms and conditions under
which such license is issued have been violated, or that any statements
made in the application are false. In case of revocation, no license
fee will be returned. Before the Village Board revokes any such license,
it will be required to give the licensee five days' notice of a hearing,
which notice may be served by mail on the licensee at the address
designated in the application upon which the license or renewal was
issued. Where a license has once been revoked, no further license
for the same premises shall be issued until the owner or owners of
said premises satisfy the Village Board that the cause of revocation
of said license has been removed and that said premises in the future
can and will be operated in compliance therewith.
B.
Any and all licenses or renewals thereof may also
be revoked by the Village Board upon proof being made to its satisfaction
that the owner, manager and/or agent of the hotel, motel, inn or boardinghouse
has, with or without actual knowledge or intent, permitted the occupancy
of any building, room or part thereof by the same guest, customer,
invitee, or permittee for more than 30 consecutive days or 90 total
days in any individual calendar year, whichever occurs first, under
the same revocation proceedings as set forth previously in this section.
All licenses issued hereunder must be permanently
displayed under glass over the desk or table where the register is
kept.
A.
Every violation of this chapter shall be punished
by a fine of $200 for each offense. Each day that the premises are
operated in violation of this chapter constitutes a separate and distinct
offense, requiring the payment of a separate, additional fine.
B.
In addition to the penalty above provided, the Village
Board also ordains that a violation of this chapter shall constitute
disorderly conduct and that the person violating the same shall be
a disorderly person.
The Village Board may also enforce obedience
to this chapter and restrain violations thereof by injunction and
may proceed against all violators hereof by any and every other means
or method provided by law, although not herein specifically referred
to.
This chapter is enacted by authority of § 20,
Subdivision 5, of the Municipal Home Rule Law and any other law referenced
herein as authority herefor.
A private dwelling in which at least three but not more than
six rooms are offered for rent and table board is furnished only to
roomers and in which no transients are accommodated. A rooming house
or a furnished room house shall be deemed a "boardinghouse."
A building which has transient living and sleeping accommodations
for rent for five or more persons and which is open for year-round
occupancy; a "hotel" or "motel" shall include similar establishments
designated as auto courts, tourist cabins, etc.
A building which has transient living and sleeping accommodations
for rent for at least five or more persons but no more than 10 persons.
A guest or customer of a hotel or motel the nature of which
the term of stay is limited to no more than 30 consecutive days or
90 total days in any individual calendar year.
A.
It is unlawful for any hotel, motel, inn or boardinghouse
to be employed or used as specified crime property within the Village
of Ellenville. If such a building is found to be used or employed
in violation of this section, it is subject to closure for a period
of up to one year.
B.
It is unlawful for any person to employ, use, maintain
or allow the employment, use or maintenance of hotels, motels, inns
or boardinghouses under their ownership and/or control as specified
crime property. If a person is found in violation of this subsection,
he or she is subject to civil penalties of up to $500 per day for
each day the property has been so employed, used or maintained.
C.
It is unlawful for any person to use or occupy any structure determined to be specified crime property after service of notice has been made pursuant to § 129-15.
As used in this chapter, the following terms
have the meanings given them in this section:
As used in this chapter, includes any person designated by
the Village of Ellenville Chief of Police as his or her delegate in
the enforcement of this chapter.
Any person, agent, firm, corporation, association or partnership,
including:
Any natural person, association, partnership or corporation
capable of owning or using property in the Village of Ellenville.
Any kind of hotel, motel, inn, boardinghouse or unit(s) thereof
where activity involving the unauthorized delivery or manufacture
of a controlled substance as defined in the Public Health Law, gambling
as defined in the Penal Law or prostitution as defined by the Penal
Law has occurred or is occurring.
A.
When the Chief of Police believes that a structure has been or is being used or maintained in violation of § 129-13, the Chief of Police may commence proceedings to cause the closure of the structure as well as the imposition of civil penalties against any or all of its owner(s). Except in cases brought pursuant to § 129-17, in the event that the Chief of Police wishes to commence proceedings:
(1)
The Chief of Police shall notify the owner(s) of record,
in writing, that the structure has been determined to be specified
crime property. The notice shall contain the following information:
(a)
The street address and a legal description sufficient
for identification of the premises on which the structure is located:
(b)
A statement that the Chief of Police has found
the structure to be in violation of this chapter with a concise description
of the conditions leading to his or her findings.
(2)
A copy of the notice shall be served on the owner
and/or his or her agent, if known, at least 10 days prior to the commencement
of any judicial action by the Village. Service shall be made either
personally or by mailing a copy of the notice by registered or certified
mail, postage prepaid, return receipt requested, to each person at
his or her address as it appears on the last assessment roll as well
as on the last instrument of conveyance as recorded in the county
where the structure is located and as may be otherwise known to the
Chief of Police. If no address appears or is known to the Chief of
Police, then a copy shall be mailed first class, postage prepaid,
addressed to such person at the address of the structure believed
to be specified crime property.
(3)
A copy of the notice shall be served on the occupant
of the structure if that person is different than the owner and shall
occur not less than five days prior to the commencement of any judicial
proceeding and be made either personally or by mailing a copy of the
notice by first class mail, postage prepaid, to them at the structure.
Furthermore, a copy of the notice may be posted at the property if
10 days has elapsed from the service or mailing of the notice to the
owner(s) and no contact has been received by the Village from them
during that period of time.
(4)
The failure of any person or owner to receive actual
notice of the determination by the Chief of Police shall not invalidate
or otherwise affect the proceedings under this chapter.
B.
Concurrent with the notification procedures set forth
above, the Chief of Police shall send a copy of the notice to the
Board of Trustees as well as any other documentation which he or she
believes supports the closure of the structure and the imposition
of civil penalties. The Board of Trustees may then authorize the Village
Attorney's Office to commence civil proceedings in a court of competent
jurisdiction seeking the closure of the structure as well as the imposition
of civil penalties against any or all of the owners thereof and any
such other relief as may be deemed appropriate. Nothing contained
in this subsection shall be construed to limit the ability of the
Board of Trustees prior to the institution of judicial proceedings
to enter into agreements with an owner willing to voluntarily abate
the condition(s) giving rise to the violation.
A.
Except in a proceeding under § 129-17, if, after the commencement but prior to the trial of an action brought by the Village pursuant to this chapter, an owner specifically stipulates with the Village that he or she will pursue a course of action as the parties agree will necessarily abate the conditions giving rise to the violation(s), the Village shall agree to stay proceedings for a period of not less than 10 nor more than 60 days. The owner or the Village may thereafter petition the court for such additional like periods of time as may be necessary to complete the action(s) contemplated by the stipulation. However, in the event that the Village reasonably believes the owner is not diligently pursuing the action(s) contemplated by the stipulation, it may then apply to the court for a release from the stay seeking some relief as is deemed appropriate.
B.
In an action seeking the closure of a structure as
specified crime property, the Village shall have the initial burden
of proof to show by a preponderance of the evidence that the structure
is a specified crime property.
C.
In an action seeking civil penalties from an owner,
the Village shall have the initial burden of proof to show by a preponderance
of the evidence that the owner had knowledge of activities or conditions
at the structure constituting a violation of this chapter.
D.
In any action brought to enforce the terms of § 129-13, evidence of a structure's general reputation and the reputation of persons residing in or frequenting it shall be admissible as competent.
E.
Except in an action brought pursuant to § 129-17B, it is a defense to an action seeking the closure of a structure that the owner of a structure at the time in question could not, in the exercise of reasonable care or diligence, determine that the structure was being used or maintained as a specified crime property.
F.
In establishing the amount of any civil penalty requested,
the court may consider any of the following factors, as they may be
appropriate, and shall cite those found applicable:
(1)
The actions taken by the owner(s) to mitigate or correct
the problem at the structure;
(2)
The financial condition of the owner;
(3)
Whether the problem at the structure was repeated
or continuous;
(4)
The magnitude or gravity of the problem:
(5)
The economic or financial benefit accruing or likely
to accrue to the owner(s) as a result of the conditions at the structure;
(6)
The cooperativeness of the owner(s) with the Village;
(7)
The cost to the Village of investigating and correcting
or attempting to correct the condition;
(8)
Any other factor deemed by the court to be relevant.
A.
In the event that it is determined that the structure is an immediate threat to the public safety and welfare, the Village may apply to the court for such interim relief that is deemed by the Board of Trustees and the Village Attorney to be appropriate. In such an event, the notification procedures set forth in § 129-15A and the limitation of § 129-16A need not be complied with.
B.
In the event that the Chief of Police determines that
a structure is or has been used as the locale for the manufacture
of controlled substances that involve the use of toxic, flammable
or explosive substances as defined in 49 CFR 172 (1988) and/or processes
that, in the opinion of Police Department or Fire Department personnel,
present a continuing threat to the public's safety or welfare, the
Village may obtain an order from the court preventing that structure's
use or occupancy for a period of 60 days.
(1)
No person shall enter the structure during the first
20 days of this sixty-day period without first obtaining the prior
written approval of the Village or an order of the court. After the
expiration of this twenty-day period, the owner may enter the structure
to clean and decontaminate it in accordance with guidelines established
by the Health Department.
(2)
After cleaning and/or decontaminating the structure,
the owner shall attest in writing on a form to be provided by the
Village and sent to the Chief of the Ellenville Fire Department that
the structure has been cleaned and/or decontaminated in accordance
with the guidelines, at which time the structure may be reused or
reoccupied, provided that it is not otherwise subject to the provisions
of the chapter.
(3)
In the event that the owner fails to comply with the provisions of Subsection B(2) above, the Village may seek an order preventing the use or occupancy of the structure for such further time as, under the circumstances, it deems appropriate, unless the owner shows to the satisfaction of the court that the structure no longer presents a continuing threat to the public's safety or welfare from the toxic, flammable or explosive substances and/or processes.
A.
In the event that a court finds that a structure constitutes
specified crime property as defined in this chapter, the court may
order that it be closed for any period of up to one year and that
the owner(s) pay to the Village a civil penalty of up to $500 for
each day the owner had knowledge of activities or conditions at the
structure constituting a violation of this chapter.
B.
The court may also authorize the Village to physically secure the structure against use or occupancy in the event that the owner(s) fail to do so within the time specified by the court. In the event that the Village is authorized to secure the property, all costs reasonably incurred by the Village to effect a closure shall be made an assessment lien upon the property. As used in this subsection, "costs" means those costs actually incurred by the Village for the physical securing of the structure, as well as tenant relocation costs given pursuant to Subsection B(3) of this section.
(1)
The Village department(s) effecting the closure shall
prepare a statement of costs, and the Village shall thereafter submit
that statement to the court for its review. If no objection to the
statement is made within 30 days, a certified copy of the statement,
including a legal description of the property, shall be forwarded
to the Office of the Village Assessor, who thereafter shall enter
the same in the Village's lien docket.
(2)
Liens imposed by this chapter shall be collected in
all respects as provided for water and sewer liens and shall bear
interest at the rate of 9% per year from 10 days after the entry in
the lien docket.
(3)
A tenant as defined by the Real Property Tax Law is
entitled to his or her reasonable relocation costs as those are determined
by the Village, if without actual notice the tenant moved into the
structure after either:
(4)
Any person who is assessed the costs of closure and/or
a civil penalty by the court shall be personally liable for the payment
thereof to the Village.
Owners of a structure determined to be specified
crime property may obtain relief from the court's judgment if:
A.
They appear and pay all costs associated with the
proceedings under this chapter.
B.
They file a bond in such a place and form as the court
may by order direct in an amount not less than the tax-assessed value
of the structure; and keep said bond in force for a period of not
less than one year or for such period as the court directs.
C.
They enter into a stipulation with the Village that
they will immediately abate the conditions giving rise to the specified
crime property and prevent the same from being established or maintained
thereafter. The stipulation will then be made part of the court's
file. In the event that the owner violates the terms of the stipulation,
the Village may thereafter apply to the court for an order awarding
up to the entire amount of the aforementioned bond to the Village
as a penalty as well as such other relief including closure for any
additional period of up to one year, that is deemed by the court as
appropriate.
In any action seeking the closure of the structure
pursuant to this chapter, the court may, in its discretion, award
attorneys' fees to the prevailing party.
