[HISTORY: Adopted by the North Hempstead Town Board 8-26-1997 by L.L. No. 17-1997. Amendments noted where applicable.]
This ordinance shall be known and may be cited as the "Multiple Residence Law of the Town of North Hempstead."
The Town Board, recognizing the dangers posed by multiple residences which do not meet minimum firesafety and construction standards, and recognizing the benefit of registering each and every such dwelling and inspecting them on a regular basis, finds that public health, safety, welfare and the good order and governance of the town will be enhanced by enactment of the regulations set forth in this chapter.
This code shall apply throughout the applicable jurisdiction of the Town of North Hempstead.
All provisions of the New York State Uniform Fire Prevention and Building Code applicable to multiple residences are incorporated into this chapter, as are all applicable provisions of the New York State Multiple Residence Law.
The provisions of this code shall supplement local and state laws, ordinances, codes and regulations. Where a provision of this code is found to be in conflict with any provision of a local law, ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail.
As used in this chapter, the following terms shall have the meanings indicated:
- AUTHORIZED AGENT
- Any person, organization, legally chartered business entity, partnership, association or other legally recognized group given express, written authorization by an owner to act on his behalf regarding this chapter and all state and local rules, regulations and ordinances referenced herein.
- BUILDING COMMISSIONER
- Commissioner of the Department of Building, Safety Inspection and Enforcement, or his designee.
- BUILDING DEPARTMENT
- The Department of Building, Safety Inspection and Enforcement.
- COMMUNITY RESIDENCE
- A building, structure or part thereof with sleeping facilities used as a residence, shelter, halfway home or in some other similar communal arrangement by a group with a common need, addiction, problem or circumstance.
- DWELLING UNIT
- A living unit containing one or more habitable rooms with provisions for living, cooking, eating, sanitary and sleeping facilities arranged for the use of not more than one family.
- One individual or a collective group of individuals either:
- A. Related to each other by blood, marriage or adoption who live together in the same dwelling unit, cook together and function as a single, stable housekeeping unit with common access to all rooms and facilities; or
- B. Not related by blood, marriage or adoption but who together constitute the functional equivalent of a natural family, all living together in the same dwelling unit, cooking together and generally functioning as a single, stable housekeeping unit, all with common access to all rooms and facilities, with no member or members of such group subletting, subleasing or otherwise controlling any part of the dwelling separately from the others.
- MULTIPLE RESIDENCE
- A building containing three or more dwelling units; a building with one or more sleeping rooms, other than a one- or two-family dwelling, used or occupied by permanent or transient paying guests or tenants, with or without meals, including but not limited to hotels, motels, bed-and-breakfasts and lodging houses; a building with sleeping accommodations for more than five persons used or occupied as a club, dormitory, fraternity or sorority house or similar uses; a building used or occupied as an old-age, retirement, assisted-living or other residence for senior citizens; or a community residence with accommodations for five or more occupants.
- The deeded title holder of a building, structure or part thereof.
- UNIFORM CODE
- The New York State Uniform Fire Prevention and Building Code.
No person shall conduct, maintain or operate a multiple residence or allow a building, structure or part thereof to be used as a multiple-residence without securing a multiple residence license from the Building Commissioner.
The owner or authorized agent of a multiple residence shall file a license application with the Building Department every two years. This application shall be filed in a manner as determined by and on forms as provided by the Building Department, and shall be accompanied by all applicable fees as described in § 8-14 of this chapter.
The license application shall include, at a minimum, the following information:
The name, address and telephone number of each applicant.
If the applicant is other than a natural person, the name of the entity applying for the license, the name(s) and residence address(es) of all directors and/or officers of the entity, the purpose for which the entity has been created, and:
If the applicant is a partnership, the partnership name and residence address of each partner;
If the applicant is a corporation, the names of all stockholders holding more than a five-percent beneficial interest in the corporation, the address for service of process, the name of the corporate agent and his address, and the state under the laws of which the corporation is organized.
If the applicant is licensed by or under contract to the federal, state or local government or any department thereof to operate a facility which also qualifies under this chapter as a multiple residence, a copy of said license and/or contract.
The Building Commissioner may require such other information from the applicant as required to determine whether the multiple residence to be licensed complies with the Uniform Code, the New York State Multiple Residence Law and with all applicable provisions of the Code of the Town of North Hempstead.
Upon the filing of all required information, forms and fees, the Building Commissioner shall, under the powers granted him by § 303, Subdivision 3, of the New York State Multiple Residence Law, inspect the premises to be licensed to determine whether or not it is in compliance with the Uniform Code, the New York State Multiple Residence Law and all applicable sections of the Code of the Town of North Hempstead.
All multiple residences must comply with all applicable building and zoning standards and all general provisions of the Code of the Town of North Hempstead.
All multiple residences must comply with all applicable building and firesafety standards found in the Uniform Code.
All multiple residences must comply with all applicable building and safety standards found in the New York State Multiple Residence Law.
The Building Commissioner shall not issue any license until he shall have caused a review of all application materials and an inspection of the premises to be licensed and until he is satisfied that the provisions of this chapter, the Uniform Code and all other applicable laws, ordinances, codes, rules and regulations pertaining to multiple residences have been complied with and that the required fee has been paid.
If, after the review described above, the Building Commissioner is satisfied that the multiple residence meets all applicable standards, he shall issue a multiple residence license. The license shall remain in effect for two years from the date of issue.
If, after the review described above, the Building Commissioner is not satisfied that the multiple residence meets all applicable standards, he shall detail the specific problems and provide them to the applicant. If the applicant has not cured the problems within the time allotted by the Building Commissioner, the application shall be denied and a license shall not be issued.
No license issued under the provisions of this chapter shall be transferred or assigned to anyone other than the licensee to whom it was issued.
When, based upon investigation and review, the Building Commissioner determines that continued operation of a multiple residence presents an imminent danger to human life or public health and safety, he is hereby empowered to authorize an immediate halt to any occupancy; the suspension of the certificate of occupancy, certificate of existing use or other applicable certificate; the beginning of legal action in conjunction with the Town Attorney's office; or whatever other actions may be required to protect human life, public health and safety, and public order.
The Building Commissioner shall have the power to revoke a multiple residence license under the following circumstances:
Where the Building Commissioner determines that there has been any false statement or material misrepresentation contained in any part of the application or supporting information upon which the license was based; or
Where the Building Commissioner determines that the license was issued in error and should not have been issued in accordance with the requirements of this chapter or other applicable law; or
Where the Building Commissioner finds an imminent danger to human life or public health and safety in or on the premises for which the license was issued; or
Where the Building Commissioner determines that the person to whom the license is issued fails or refuses to comply with a written order indicating items requiring correction or work needed to comply with this chapter within the time period established by the Building Commissioner.
A written notice of revocation of a license shall be served upon the holder of the license and the owner, occupant or person in control of the premises covered by the license. Said notice shall be served personally or by certified mail, return receipt requested, and an addressed copy of the notice shall be posted on the premises covered by the license, if practicable.
An appeal from such revocation may be taken by the license holder to the Town Board, by written request, made within 15 days from the date of such revocation. The Town Board shall hold a public hearing on such appeal within 30 days after receipt of written notice of such appeal and, after such hearing, shall make written findings, a conclusion and a decision either sustaining such license revocation or reinstating such license within 15 days after close of such public hearing. Unless the Town Board directs otherwise in circumstances constituting serious threats to health and safety, the filing of an appeal shall stay the effectiveness of a license revocation until the Town Board has considered and ruled upon the issue.
The Building Commissioner shall develop and implement rules and regulations necessary to implement this chapter. These rules and regulations shall include, at a minimum:
Forms for applications for multiple residence licenses.
Production and regular maintenance of a listing of all multiple residences within the Town of North Hempstead.
A review of all multiple residence building files within 90 days of the enactment of this ordinance, followed by the development and implementation of a plan to address the maintenance and improvement of such files.
[Amended 4-11-2006 by L.L. No. 5-2006]
The license fee shall be in the amount indicated in the Town of North Hempstead Fee Schedule.
Multiple residences which have obtained a permit under the Rental Dwelling Ordinance found in Chapter 2 of the Town Code are exempted from the fee requirements of this chapter.
Any violation of the provisions of this chapter shall be punishable as follows:
For conviction of a first offense, by a fine of not less than $250 and not more than $1,000, or by imprisonment not exceeding 15 days, or by both.
For conviction of the second of two offenses, both of which were committed within a period of five years, by a fine of not less than $500 and not more than $2,000, or by imprisonment not exceeding 30 days, or by both.
For conviction of a third or subsequent offense of a series of offenses, all of which were committed within a period of five years, by a fine of not less than $1,000 and not more than $5,000 or by imprisonment not exceeding 45 days, or by both.
Each day's continued violation shall constitute a separate and distinct violation.
If any provision of this chapter or the rules and regulations promulgated hereunder or any directive, order or instruction given by anyone authorized to enforce this chapter shall be adjudged to be invalid by any court of competent jurisdiction, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the particular provision, rule or regulation involved.