[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.
A.
This code shall apply throughout the applicable jurisdiction
of the Town of North Hempstead.
B.
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.
C.
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:
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.
Commissioner of the Department of Building, Safety Inspection and
Enforcement, or his designee.
The Department of Building, Safety Inspection and Enforcement.
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.
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:
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
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.
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.
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.
A.
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.
B.
The license application shall include, at a minimum,
the following information:
(1)
The name, address and telephone number of each applicant.
(2)
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:
(a)
If the applicant is a partnership, the partnership name
and residence address of each partner;
(b)
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.
(3)
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.
C.
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.
A.
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.
B.
All multiple residences must comply with all applicable
building and firesafety standards found in the Uniform Code.
C.
All multiple residences must comply with all applicable
building and safety standards found in the New York State Multiple Residence
Law.
A.
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.
B.
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.
C.
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.
A.
The Building Commissioner shall have the power to revoke
a multiple residence license under the following circumstances:
(1)
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
(2)
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
(3)
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
(4)
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.
B.
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.
C.
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:
A.
Forms for applications for multiple residence licenses.
B.
Inspection procedures.
C.
Production and regular maintenance of a listing of all
multiple residences within the Town of North Hempstead.
D.
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.
A.
Any violation of the provisions of this chapter shall
be punishable as follows:
(1)
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.
(2)
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.
(3)
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.
B.
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.
