The Board of Trustees has determined that there exists in the Village of Westbury serious conditions arising from rental of dwelling units that are substandard or in violation of Chapter
79, Building Construction, Chapter
83, Building Rehabilitation, Chapter
112, Electrical Standards, Chapter
124, Fire Prevention, and Chapter
184, Plumbing and Drainage, and other codes and ordinances of the Village, are inadequate in size, overcrowded and dangerous, that such dwelling units pose hazards to life, limb and property of residents of the Village and others, tend to promote or encourage deterioration of the housing stock of the Village, create blight, excessive vehicle traffic and parking problems and to 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 enactment of the regulations set forth in this article, which regulations are remedial in nature and effect.
It shall be unlawful and a violation of this
article and chapter for any person who owns a dwelling unit in the
Village to establish, maintain, use, let, lease, rent or suffer or
permit the occupancy and use thereof as a rental occupancy without
having first obtained a permit for such rental occupancy from the
Building Department of the Village as hereinafter provided.
[Added 7-2-2015 by L.L.
No. 5-2015]
The portions of rental permit applications and rental permits which refer to the information contained in §
248-284B(3) herein 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 pursuant to § 87(2)(b)
of the Freedom of Information Law. The Building Department shall institute
such policies as necessary to ensure that such information is available
only to Village personnel who have need of such information in connection
with their official duties.
[Amended 12-2-1999 by L.L. No. 3-1999]
A. Permit application fee. A nonrefundable permit application
fee, per dwelling unit, in an amount as set from time to time by resolution
of the Board of Trustees, shall be paid, upon filing an application
for a permit.
B. Permit renewal fee. A nonrefundable permit renewal
fee, per dwelling unit, in an amount as set from time to time by resolution
of the Board of Trustees, shall be paid, upon filing an application
for renewal.
The Code Enforcement Officer shall review each application for completeness and accuracy and shall make an on-site inspection of the proposed rental dwelling unit or units. If satisfied that the proposed rental dwelling unit or units, as well as the premises in which the same are located, comply fully with all applicable laws of the state and local laws, ordinances, rules and regulations of the county and Village, and that such rental dwelling unit or units would not create an unsafe or dangerous condition, or create an unsafe or substandard structure as defined in Chapter
83, Building Rehabilitation, or create a nuisance to adjoining or nearby property, the Code Enforcement Officer shall issue the permit or permits applied for.
All permits issued pursuant to this article shall be valid for a period of two years from date of issuance and may be renewed for an additional two-year period. The renewal applications containing substantially the same information required by §
248-284 of this article upon forms to be furnished by the Building Department, upon approval of such renewal applications, as provided in §
248-286, and upon payment of the renewal permit fees specified in §
248-285 hereof.
It shall be the duty of the Code Enforcement
Officer to maintain a register of permits issued pursuant to this
article. Such register shall be kept by 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 of expiration of permit for such unit. Such registry
shall be kept available for public inspection during regular business
hours at the office of the Building Department.
The Code Enforcement Officer is authorized to
make, or cause to be made, inspections, from time to time, to determine
the condition of rental dwelling units and to safeguard the health,
safety, morals and welfare of the public. The Code Enforcement Officer
is authorized to enter, upon consent of the owner or occupant, any
rental dwelling unit and the premises in which same is located, at
any reasonable time during daylight hours, or at such other time as
may be necessary in an emergency without consent of the owner or occupant
for the purpose of performing his duties under this article. It shall
be a condition of each rental occupancy permit, expressly stated therein,
that the Code Enforcement Officer shall have the right to inspect
each permitted rental dwelling unit during the term of the permit,
in accordance herewith, for the purpose of performing his duties under
this article.
[Amended 3-6-2014 by L.L. No. 3-2014]
The Code Enforcement Officer is authorized to make application to the Village Justice Court of the Village of Westbury or the District Court of Nassau County 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 to allow an inspection of the rental dwelling unit or premises, and where there is reasonable cause to believe that a violation of this chapter or a violation of the Multiple Residence Law, the New York State Uniform Fire Prevention and Building Code, the Nassau County Fire Prevention Ordinance or Chapter
83, Building Rehabilitation, Chapter
112, Electrical Standards, Chapter
124, Fire Prevention, Chapter
173, Oil Burners, Chapter
184, Plumbing and Drainage, or Chapter
187, Property Maintenance, of this Village has occurred. The application for a search warrant shall, in all respects, comply with applicable laws of the State of New York.
A violation of any provisions of this article shall constitute an offense within the meaning of the Penal Law of the State of New York punishable as provided in §
248-335 of this chapter.