[HISTORY: Adopted by the Board of Trustees of the Village of Morrisville as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-9-1983 by L.L. No. 2-1983; amended in its entirety 8-8-2006 by L.L. No. 2-2006]
To rent any property or part of it as a residence or dwelling, the owner must first obtain a certificate of compliance issued by the Code Enforcement Officer of the Village of Morrisville. This will include the submission of a list of the proposed number of tenants, which must be updated as tenancies change or are terminated, and a diagram showing the exterior and interior dimensions of the building that is acceptable to the Village Code Enforcement Officer. The application for a certificate of compliance and associated diagrams shall be submitted to the Village Code Enforcement Officer, along with an application fee, the amount of which shall be determined from time to time by resolution of the Board of Trustees.
In determining the number of people allowed to reside in any building, all people living in that building, including the proposed tenants, are to be counted. There must be 150 square feet of living space for the first person and 100 square feet for each and every other person residing in the building. Bathrooms, kitchens and hallways are not included. There will only be allowed six people per bathroom; this includes all residents of the building. Bathrooms must consist of a sink and water closet as minimum necessities. There will be only one residential structure permitted per lot.
The construction and/or modification of all driveways and parking spaces for all rental properties shall be subject to prior site plan approval by the Planning Board and the provisions of Chapter 180 of this Code. Each parking space must have direct access to the street by a driveway. Vehicles will not be permitted to park or drive on lawns or other areas outside of designed driveways or parking spaces. No vehicles may be parked between the front line of the building and the street, nor shall any vehicle be parked within 10 feet of any property line. No more than 20% of the surface area of any lot utilized as rental property in an R-1 or R-2 Zoning District may be covered by driveways and/or parking spaces. All driveways and parking lots on rental properties adjoining nonrental properties in R-1 and R-2 Zoning Districts shall be suitably screened by a fence and/or vegetation not less than four feet in height as determined by the Planning Board as part of the site plan review process.
All dwellings and dwelling units shall be connected to the Village sewer system. Septic systems are not permitted.
All garbage, litter, discarded furniture, etc., shall be stored and disposed of in accordance with Chapter 135, Property Maintenance. Garbage and trash regulations shall be strictly enforced.
Smoke detectors shall be installed in all rental properties in accordance with the requirements of the New York State Fire Prevention Code.
All areas of the lot not covered by permitted structures, driveways and/or parking spaces shall be planted to grass or other appropriate vegetation or landscaping, which shall be regularly and properly maintained.
All owners (as determined by the most recent tax roll) of properties subject to inspection under this article shall be responsible for the payment of an inspection fee for each required inspection. The amount of such inspection fee(s) shall be determined from time to time by resolution of the Board of Trustees. All such fees shall be invoiced and collected in the manner provided in § 91-10E of this Code.
Editor's Note: Current fees are on file in the Village Clerk's office.
Enforcement of this article shall be the responsibility of the Code Enforcement Officer, who shall have the authority to issue appearance tickets to enforce this article.
No owner shall allow any person to occupy a rental dwelling or dwelling unit unless it complies with the provisions of this article. All rental property shall be subject to inspection at any time as determined by the Code Enforcement Officer. Any refusal to allow an inspection by the Code Enforcement Officer shall constitute a violation of this article, and shall be grounds for the immediate revocation of any certificate of occupancy for the premises to which such access was denied.
Failure to comply with any provision of this article, or any violation notice issued with respect to this article, shall constitute an offense. A person convicted of an offense shall be punished by a fine not to exceed $250 or imprisonment not to exceed 15 days, or by both such fine and imprisonment. Each and every day a violation exists shall constitute a separate offense for which the aforesaid penalties may be cumulatively imposed. The ultimate responsibility for compliance with the provisions of this article and payment of any penalties for offenses committed with respect to this article shall lie with the property owner as listed on the deed or the most recent real property tax assessment roll. Any unpaid fee or fine will be assessed and levied against the property in the same manner as Village taxes.
[Adopted 3-10-2016 by L.L. No. 1-2016]
As used in this article, the following terms shall have the meanings indicated:
- ROOMING HOUSE
- A dwelling unit or structure used for temporary or transient occupancy purposes by two or more individuals not constituting a family or functional family unit who share kitchen and/or bathroom, and/or other common facilities and pay rent and/or other expenses by the room, or based on a share of total expenses of the dwelling unit. The term includes boardinghouses, private dormitories, fraternity and/or sorority houses, and other similar types of group residential quarters. The term does not include a motel or hotel, or a duly permitted bed-and-breakfast.
No person, firm or entity shall operate or manage a rooming house in the Village of Morrisville, nor shall any owner permit the operation of a rooming house on premises owned by him, her or it, without a duly issued license to operate a rooming house from the Village of Morrisville. All new and existing rooming houses shall be required to obtain a license annually from the Village Code Enforcement Officer.
Licenses issued for rooming houses shall be valid for one year, from August 1 to July 31. A complete application for a license or license renewal shall be submitted to the Code Enforcement Officer not less than two months prior to the date the license, or renewal license, as applicable, is to be effective. Applications not submitted in time to be effective as of the first day of August shall be effective as of the date of issuance and shall expire on the next succeeding 31st day of July. The applicant shall schedule with the Enforcement Officer the necessary inspection of the dwelling unit(s) not less than 20 days prior to the desired license effective date. All applications for a license shall include the following information:
Current and accurate site plan of the premises, showing all property lines, building lines, driveways, sidewalks, parking areas, garbage and recycling storage areas (specifying whether dumpster or cans), and any outbuildings;
Floor plans for each building floor level containing rentable space, which specifically depict all room sizes and locations, common areas, exits and other facilities;
The names, home and business addresses, all phone numbers (including home, business and cell) and e-mail addresses of all property owners and all persons who will participate in the management of the establishment;
The number of residents to be authorized to reside on the premises, including the number assigned to each bedroom shown on the building floor plans;
The number of all automobiles, trucks and other vehicles that belong to the residents and will be parked regularly on the premises, including for each such vehicle, the make, model and year of the vehicle, license plate number; the name and permanent address of each vehicle's local operator and its titled owner;
Such other information as the Code Enforcement Officer may reasonably require for the premises in question.
All applications for a license to operate a rooming house shall be signed by the owner of the premises and the operator of the rooming house, certifying the truth and accuracy of the information contained in the application, and shall be accompanied by any applicable application fee which the Board of Trustees may institute from time to time by resolution.
Upon such timely application and inspection, the Enforcement Officer will issue or renew, as applicable, the license upon a finding of full and proper compliance with all provisions of this chapter and all other applicable laws and standards.
Any proposed or existing rooming house that is not in compliance with the requirements of this article, or any other applicable laws or standards, shall not be granted a license to operate, and, in the event a license has been issued, such license shall be subject to revocation, as hereafter provided, and the owner(s) and operator(s) of the rooming house shall be subject to such other penalties and/or remedies as may be applicable. The existence of any of the following conditions and circumstances shall be deemed violations that constitute grounds for denial or revocation of a rooming house license:
Indications of improper maintenance or operation of the property in keeping with the character of the neighborhood, and/or failure to maintain and keep the premises in a healthy, safe and sanitary condition, which may include, but is not necessarily limited to:
Exposed garbage or litter on the premises;
Failure to maintain the buildings and grounds in a neat and orderly fashion, including painting and maintenance of exterior surfaces and windows and maintaining and trimming of grass and other vegetation;
Parking of vehicles on or about the premises in undesignated and/or unapproved parking areas;
The occurrence of parties or other gatherings of individuals upon the premises wherein the number of persons gathered upon the premises is more than twice the number of authorized residents of the premises.
Two or more arrests or two or more instances where a police officer or agency was called to the premises, regardless of whether any arrests were made or appearance tickets were issued, within the previous 12 months.
Evidence of improper operation may also include the occurrence of any acts, incidents or events that constitute violations of any provision of the Village Code and/or the New York State Penal Law upon the premises. The occurrence of three or more arrests or issuances of appearance tickets, citations or violation notices for charges of violation of any provision of the Village Code or of the New York State Penal Law upon the premises within a twelve-month period shall be prima facie evidence of improper operation, and shall constitute grounds for denial and/or revocation of the license application or license renewal, as applicable.
Upon determining the existence of one or more offending conditions relative to the premises, the Code Enforcement Officer shall deny the application for a rooming house license and, with respect to previously licensed rooming houses, at that time may take any action authorized by law, including, but not necessarily limited to, the following:
The Code Enforcement Officer shall also be authorized to issue an appearance ticket to any owner or operator of a rooming house operating without a valid license.
All group residences shall be subject to, and be in conformance with, the following supplemental regulations:
No exterior alterations shall be made to any existing dwelling to be used as a rooming house other than those mandated by any other codes or regulations to assure safety and sanitation. All alterations of the premises, e.g., driveways, parking areas, landscaping, shall be compatible with the neighborhood and appropriately screened from adjoining properties as determined by the Planning Board upon site plan approval as required by § 143-2;
All new construction applicable to a rooming house shall be compatible with the scale, character and architectural design of existing neighborhood dwellings and shall comply with all regulations applicable to the district, as determined by the Planning Board upon an application for site plan approval;
The number of residents in a rooming house shall be consistent with the number of bedrooms and other living accommodations available in the structure. There shall be a minimum of 70 square feet of bedroom area with code-compliant emergency escape and rescue openings for each resident;
All exterior site lighting associated with a rooming house shall be designed and installed in such manner as to avoid any light spillover at the property line between the rooming house and adjoining properties. All exterior lighting fixtures shall include glare-reduction devices and must include designation of the fixtures as International Dark-Sky Association (IDA) approved and as Illumination Engineering Society of North America (IESNA) "full cutoff" fixtures;
A license to operate a rooming house may be revoked by the Board of Trustees upon noncompliance with any of the conditions set forth above in § 143-9 if such noncompliance has not been corrected within 10 days of prior written notice given to the property owner and rooming house operator, and after a hearing has been held by the Board of Trustees wherein the owner and/or operator can be heard by the Board of Trustees with respect to the noncompliance. Notice of said hearing, setting forth the date, time and location of the hearing, shall have been published in the Village's official newspaper at least five days prior to the hearing and mailed to the owner(s) and/or operator(s) listed on the application for license no less than 10 days prior to the hearing.