[HISTORY: Adopted by the Board of Trustees of the Village
of Poquott as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-21-2017 by L.L. No. 1-2017; amended in its entirety7-6-2023 by L.L. No. 3-2023 ]
This article shall be entitled "Chapter 123 Rental Regulations of the Village of Poquott."
The amended regulations and version of this article shall take
effect on the filing of the local law adopting these provisions with
the Secretary of the State of New York, which shall be within 20 days
after its approval by the Board of Trustees of the Village of Poquott.
The Board of Trustees of the Village of Poquott determines that
there exists in the Village of Poquott serious conditions arising
from the rental of dwelling units or rental units that are substandard
or in violation of the New York State Uniform Fire Prevention and
Building Code, and other codes and ordinances applicable within the
Village of Poquott, in that those rental dwelling units and rental
units are inadequate in size, overcrowded and dangerous, that such
rental dwelling units and rental units pose hazards to life, safety
and property of residents of the Village of Poquott and others, tend
to result in deterioration of the housing stock in the Village, create
blight, excessive vehicle traffic and parking problems, and overburden
municipal services. The Board finds that current Code provisions are
inadequate to halt or regulate the proliferation of such conditions
and further finds that the public health, safety, welfare and good
order governance of the Village of Poquott will be enhanced by the
amendment and enactment of the regulations set forth in this article.
The provisions of this article shall be deemed to supplement
applicable state and local laws, codes and regulations. Nothing in
this article shall be deemed to abolish, impair, supersede or replace
existing remedies or existing requirements of any other provision
of state or local law or code or regulation. In the case of a conflict
between any provision of this article and any applicable state or
local law, code or regulation, the more restrictive or stringent provision
or requirement shall prevail. The issuance of any permit or the filing
of any form under this article does not make legal any action or state
of facts that is otherwise illegal, unlawful or unpermitted, or otherwise
in contravention of any other applicable law, code, rule or regulation.
As used in this article, the following terms shall have the
meanings indicated. Any definition of a stated term that exists in
the New York State Uniform Building and Fire Prevention Code and the
successor editions and amendments of that Code shall supersede the
definition stated in this article:
A building that provides sleeping accommodations, with or
without compensation, for 16 or fewer persons, on either a transient
or permanent basis, with or without meals, but without permanent cooking
facilities for individual occupants. Other indications of boardinghouses
or rooming houses include but are not limited to bedroom doors into
a common hallway or area with locks that lock from the outside. Boardinghouses
and rooming houses are prohibited in the Village of Poquott.
The Building Inspector or Deputy Building Inspector of the
Village of Poquott.
Village Building Inspector, Deputy Building Inspector, Building
Safety Inspector, Village Public Safety Officer, Code Enforcement
Officer, or other person appointed by the Mayor and approved by the
Board of Trustees to enforce the Poquott Village Code and other state
and local codes and regulations.
A person in control of a property or premises shall mean
for this article a person who individually or jointly or by association
with an entity, by agreement or relationship or otherwise, including
the actions of the person in control, is the person who is responsible
for, or who is actually acting as responsible for, making decisions
as to the care, physical condition or state, or use, including renting
or leasing of a property or premises or portion thereof. The term
"person in control" for purposes of this article shall also include
an entity, whether commercial or not, that is responsible for or who
is actually acting as responsible for making decisions as to the care,
physical condition or state, or use of a property or premises.
A room designed as a bedroom or, as in the case of a studio
apartment, a common room, that is used for sleeping purposes. Rooms
having other purposes, such as dens, living rooms or hallways, are
not to be used for sleeping or living purposes. The designation of
the use of a room on the certificate of occupancy or the plans that
were submitted with the most recent building permit application and
certificate shall be controlling as to the use of a room. The number
of people sleeping in a room shall be limited based on the area of
the room as designated in the New York State Uniform Building and
Fire Prevention Code and the successor editions and amendments of
that Uniform Code.
A unit within a building that is intended and designed to
be used for living purposes with permanent provisions for living,
sleeping, eating, cooking, and sanitation, excluding a boardinghouse
or rooming house.
Two or more persons that are related by blood, adoption,
civil union or marriage, or up to five persons that are not related
by blood, adoption, civil union or marriage, that are occupying one
dwelling unit and living together as a family or the functional equivalent
of a family. There shall be a presumption that more than five persons
that are not related by blood, adoption, civil union or marriage occupying
one dwelling unit are not a family, which presumption may be rebutted
by proof presented to the Code Enforcement Official of the Village
of Poquott.
Spouse, partner, children, grandchildren, siblings, father
and mother, guardian.
Any assembly of a stove, cabinets, appliances, countertops
or plumbing used in connection with the storage, preparation or cooking
of food.
The term "manager" shall mean for this article a person or
entity who individually or jointly by agreement or relationship or
otherwise is responsible for or who is actually acting as responsible
for managing and making decisions as to the care, physical condition
or state, or use of a property or premises.
A building, structure, or use on or of a property that does
not conform to the applicable building, zoning or other relevant regulations
of the district in which the building, structure, or use on or of
the property is situated.
Spaces used as kitchenettes, dining or living rooms, pantries,
bath, toilet, laundry, rest, dressing, locker, storage, utility, heater,
boiler, recreation rooms, closets and other spaces for service and
maintenance of the building, and those spaces used for access and
vertical travel between stories, and specifically excluding any rooms
used for sleeping, eating and cooking, other than kitchenettes. The
presence of a bed or bed frame, or bedding materials, in a room is
presumptive evidence that the room is being used for sleeping purposes.
Any person, partnership, corporation, limited liability company,
trust, or other entity, who, alone or jointly with others, shall have
legal title to any premises, with or without accompanying actual possession
thereof, or who shall have charge, care or control of any dwelling
unit as a cooperative shareholder or as executor, administrator, trustee,
receiver or guardian of the estate or as a mortgagee in possession,
title or control, including but not limited to a bank or lending institution,
regardless of how such possession, title or control was obtained.
An owner for purposes of this article shall also include the beneficial
owner or otherwise the owner of an entity that owns or has an interest
in a property including but not limited to shareholders, officers,
directors, partners, trustees and members or managers.
The net area needed for parking one automobile as determined
by the Building Inspector or the state or local codes.
Primary residence shall be the domicile of the owner-applicant.
The property must be owned by the natural person or persons who occupy
the home as their primary residence except that if legal title to
the property is held by an entity or by one or more trustees, the
beneficial owner or owners are considered to own the property for
purposes of this exemption. No other form of ownership shall be eligible
for a permit or registration under this article.
To promulgate to the general public or to selected segments
of the general public in a newspaper, magazine, flyer, handbill, mailed
circular, bulletin board, sign, social media, website or other electronic
media.
A payment or return, in money, property or other consideration
(including payment in kind or for services or other thing of value),
for the use and occupancy or the right of use and occupancy of a dwelling
unit, whether or not a legal relationship of landlord and tenant exists
between the owner and the occupant or occupants thereof.
A dwelling unit established, occupied, used or maintained
for rental occupancy as a one-family dwelling, under or by virtue
of a rental or lease agreement, verbal or written, or where any sum
or thing is paid for occupancy or a charge is made for use and/or
occupancy, or where occupancy is pursuant to a contract of sale or
installment payment contract, or free of payment by the occupant where
payment is made by another individual, organization or agency, or
any other occupancy or arrangement for charge of any kind.
A number which is issued upon application to the Village
Building Department which is valid only for the advertisement or publishing
of a rental dwelling for rent or lease. No occupancy of any rental
dwelling shall be permitted without a rental occupancy permit.
The occupancy or use of a dwelling unit by one or more persons
as a home or residence under an arrangement whereby the occupant or
occupants thereof pay rent for such occupancy and use, either in whole
or in part. There shall be a presumption of a rental occupancy where
one or more individuals are occupying a rental dwelling that is owned
by a different person or entity from the occupants.
A permit which is issued upon application to the Village
Building Department and shall be valid for two years (24 months) from
the date of its issuance.
The rental of residential property or a portion thereof for
a term of 29 days or less. The short-term rental of a property is
deemed to be a commercial use of that property, which is a violation
of the single-family residential zoning of the Village of Poquott.
The use of social media accounts for advertising or listing
of a property or a portion thereof for rent or as a rental property
or unit.
An individual who leases, rents, uses or occupies a rental
unit.
The occupancy of a property as a vacation property, hotel,
motel, inn, boardinghouse, lodging house, tourist home or similar
sleeping accommodation for a period of 29 days or less. This type
of occupant is classified as a guest or a transient occupant.
A.Â
Rental occupancy permit and rental dwelling registration number required;
application.
(1)Â
It shall be unlawful and a violation of this article for any person
or entity who owns or rents, or controls or manages a property or
dwelling unit in the Village of Poquott to use, establish, maintain,
operate, let, lease, sublease, rent or suffer or permit the occupancy
and use thereof as a rental occupancy without first having obtained
a valid rental occupancy permit and a rental dwelling registration
number. Nothing within this article shall be deemed to permit an accessory
apartment or to permit more than a one-family dwelling or residency
to exist within the Village or any other building or dwelling which
does not conform with the zoning of the residence district in which
it is located as defined in the Poquott Village Code. The failure
or refusal to obtain a rental occupancy permit and a rental dwelling
registration number shall each be deemed a separate violation hereunder.
(2)Â
Presumption of rent. Any dwelling, dwelling unit, rooming house,
rooming unit or any other premises subject to this article shall be
presumed to be rented for a fee and a charge made if said premises
are occupied by other than the legal owner thereof. There shall not
be a presumption of rent if the occupant or occupants is or are immediate
family members of the owner of the subject premises, as defined in
this article.
(3)Â
It shall be unlawful and a violation of this article for any person,
business or entity, including but not limited to an owner, manager,
person in charge, agent, or broker to solicit, advertise, list, offer,
publish, post, cause or to allow any other person, business or entity
including but not limited to an owner, manager, person in charge,
agent, or broker to solicit, advertise, list, offer, publish, or post
any dwelling unit within the Village of Poquott for rent or lease
unless the dwelling unit has in effect a valid rental dwelling registration
number issued by the Village of Poquott.
(4)Â
Failure to publish rental dwelling registration number. It shall
be unlawful and a violation of this article for any person or entity
to publish or post any advertisement or listing for the rental of
any residential property in the Village of Poquott without including
the rental dwelling registration number for said property in the advertisement,
listing or offering.
(5)Â
It shall be unlawful and a violation of this article for any person,
business, or entity, including but not limited to any owner, manager,
person in charge, real estate agent, or broker to solicit, advertise,
list, offer, publish, post, cause or to allow any other person, business
or entity including but not limited to an owner, manager, person in
charge, real estate agent, or broker to solicit, advertise, list,
offer, publish or post for rent any dwelling unit within the Village
of Poquott for a term of 29 days or less. Any such advertisement,
listing, or offering must clearly state in writing that the minimum
rental term is 30 days.
(6)Â
Application for a rental dwelling registration number and a rental
occupancy permit for a rental dwelling unit shall be made, in writing,
by the owner of the property to the Building Department on a form
provided by the Village of Poquott for that purpose.
(a)Â
Such application shall include, but not necessarily be limited
to:
[1]Â
The name, street address, mailing address, email address and
home, work and cell numbers of both the property owner and property
manager, if applicable.
[2]Â
The street address and Tax Map designation (section, block and
lot or lots) of the premises intended for rental occupancy or the
premises in which the rental dwelling units intended for occupancy
are located.
[3]Â
A description of the structure, including the number of individual
conventional bedrooms contained in the dwelling unit.
[4]Â
The number of persons intended to be accommodated by, and to
reside in, the rental dwelling unit.
[5]Â
For each rental dwelling unit, a description of the dwelling,
including the number of rooms in the rental dwelling unit and the
dimensions of each such room.
[6]Â
A property survey of the premises, drawn to a scale not greater
than 40 feet to one inch; if not shown on the survey, a site plan,
drawn to scale, showing all buildings, structures, walks, drives and
other physical features of the premises and the number, location and
access of existing and proposed on-site vehicle parking facilities.
[7]Â
A copy of the certificate of occupancy and/or certificate of
zoning compliance and any certificates of nonconforming use as recorded
by the Incorporated Village of Poquott for the premises on which the
rental dwelling unit intended for occupancy is located.
(b)Â
Each application shall be executed by and sworn to by the owner
of the premises and shall include the declaration that there are no
existing or outstanding violations of any state, county, or local
laws, rules or regulations pertaining to the property. If the owner
of a property is a trust or other entity then a trustee, officer,
shareholder/owner, member or manager of an LLC, must sign but only
with a written authorization from the entity, signed by a person with
the authority to sign or grant that authority.
B.Â
Application review; inspection of premises.
(1)Â
The Code Enforcement Official, or his designee, shall review each
application for completeness and return incomplete applications or
advise the owner that the application is complete within two weeks
of receipt of the application by the Village. A determination that
an existing or outstanding violation of any state, county, or local
law, rule or regulation exists at the property shall result in an
automatic rejection of said application until the existing matter
has been corrected and/or adjudicated.
(2)Â
Upon the finding by the Code Enforcement Official that the application
is complete and that no existing or outstanding violations exist at
the property, the Code Enforcement Official or his designee shall
assign and issue a rental dwelling registration number to the rental
dwelling which the owner shall use to advertise the dwelling. A rental
dwelling registration number does not permit the occupancy of the
dwelling.
(3)Â
Within 30 days of receiving notice from the Village of Poquott of
receipt of a complete application, the owner of the rental dwelling
unit shall arrange for an inspection of the rental dwelling and the
premises in which it is located by a Code Enforcement Official employed
by the Village to ensure that the structure and the dwelling unit
complies with all applicable housing, sanitary, building, electrical
and fire codes, rules and regulations, the New York State Uniform
Fire Prevention and Building Codes and the Poquott Village Code. If
access is refused or cannot be obtained, the Village shall have the
right to deny the application for a rental permit until such time
as the owner complies. In lieu of an inspection of compliance by the
Code Enforcement Official the owner may provide to the Village a certified,
stamped inspection report, signed by either a New York State licensed
professional engineer or New York State licensed architect that the
structure and the dwelling units contained therein complies with all
applicable housing, sanitary, building, electrical and fire codes,
rules and regulations, the New York State Uniform Fire Prevention
and Building Codes and the Poquott Village Code.
(4)Â
Prior to any inspection or action on the application for a rental occupancy permit or rental dwelling registration number, the applicant must pay a registration fee as described in § 123-10 of this article.
(5)Â
Upon completion of an inspection by a Village Code Enforcement Official,
he shall issue findings in a written report, the format of which will
be provided by the Village Building Department.
(6)Â
The inspection and report or plan and certification by an architect
or engineer shall be completed and filed with the Village Building
Department within 120 days of the notice of completion of the application.
If the report states that the proposed rental dwelling unit, as well
as the premises in which the same is located, is within compliance
with all applicable state and local laws, rules and regulations and
that such rental dwelling unit does not create an unsafe or dangerous
condition, and the applicant has provided a written copy of the lease/rental
agreement, the Code Enforcement Official or his designee shall issue
the rental occupancy permit, which shall state the name and address
of the owner of the subject property, the maximum number of occupants
and the number of conventional bedrooms for the structure.
(7)Â
If during an inspection there are found to be violations of the Uniform
Fire Prevention and Building Code or violations of Poquott Village
Code, or the applicant has not submitted a copy of the written lease
or rental agreement, the Code Enforcement Official shall not issue
the rental property permit, and shall issue orders to remedy or appearance
tickets for all such violations.
(8)Â
Nothing in this section shall preclude the Village Code Enforcement
Official from conducting an inspection with consent of the owner of
the rental dwelling unit, at times other than stated in this section,
when the Code Enforcement Official has reason to believe that a violation
exists.
C.Â
Written agreement or lease.
(1)Â
Every owner of a rental dwelling in the Village of Poquott shall
enter into a notarized written rental agreement or lease signed by
the owner or manager and the tenants of the rental unit which shall
state the terms of the rental or lease, the names of the tenants that
are included under that agreement and the names of any other occupants
of the premises. A copy of such rental agreement or lease shall be
provided to the Village of Poquott before a rental occupancy Permit
can be issued. If the owner fails or refuses to submit the written
agreement as specified in this article, the rental dwelling registration
number shall be revoked. When no written lease or agreement exists,
the Village of Poquott may, at the discretion of the Board of Trustees,
accept a house rental affidavit on a form provided by the Village
of Poquott in lieu of a lease agreement.
(2)Â
Each rental agreement shall state that the agreement and the tenancy
thereunder may not be sublet or assigned and no shares or units of
occupancy may be sold or transferred and that any sublet or assignment
of the rental, or sale or assignment of units of occupancy shall be
a violation of this article and render the rental agreement void.
(3)Â
A copy of the rental agreement, lease, or affidavit must be maintained
at the rental dwelling attached to the rental occupancy permit and
both must be presented to the Code Enforcement Official upon his request
in the course of performing his official duties at any reasonable
time of the day. Failure to provide the rental occupancy permit and/or
a copy of the rental agreement, lease, or affidavit at the time of
the request is a violation of this article.
(4)Â
Change in conditions. In the event that any information required
on the rental occupancy permit application should change during the
effective period of the rental registration, including, but not limited
to, the change in tenants, rental period or term, the commencement
of a new rental period or term, the number of tenants, or the number
of bedrooms, the property owner shall immediately notify the Village
of Poquott by delivering a sworn written notice of such change to
the Building Department, which shall include such notice in the records
for the rental registry. Failure to deliver notice of error and/or
change in information as required under this section shall be a violation
of this article and constitute grounds for revocation of the rental
occupancy permit and the rental dwelling registration number upon
no less than 10 days' written notice from the Code Enforcement
Official.
(5)Â
Change in ownership. A change in ownership of the rental dwelling
shall void the rental occupancy permit and the rental dwelling registration
number. Any new owner will be required to file a new rental occupancy
permit application.
D.Â
Legal use and occupancy.
(1)Â
It is the responsibility of the owner, manager, person in control,
and tenant to ensure proper and legal occupation of the premises and
compliance with this article, the Poquott Village Code and the Uniform
Fire Prevention and Building Code, including but not limited to those
areas of the house that are not conventional bedrooms and which may
not be used for sleeping, and other areas of the house which may not
be converted or used temporarily or permanently to a different use
without the prior approval of the Village of Poquott. Occupancy of
the house may not exceed the limitations contained in those codes,
and the use of the house may be for residential purposes only and
may not be sublet, leased or licensed in shares, or used for any commercial
purpose including but not limited to events.
(2)Â
The owner, manager, person in control, and tenant of the premises
are each and all responsible for its use and the compliance with all
state and local laws, including but not limited to the Poquott Village
Code and the New York State Uniform Fire Prevention and Building Code.
A violation of a state or local law during a rental term shall constitute
a violation hereunder by the owner, manager, person in control, and
the tenant at the sole discretion of the Village.
(3)Â
The Village of Poquott deems that short-term rentals in the Village,
a year-round residential community, would increase the potential for
vehicle traffic and parking problems, overburden municipal services
and result in significant negative impacts on the quality of life,
environment and aesthetics of the Village and contribute to discord
among neighbors. Therefore, it shall be unlawful and a violation of
this article for any person, business, or entity to rent any residential
property or any portion thereof for a term of 29 days or less. The
short-term rental of a property is deemed to be commercial use of
that property.
A.Â
All rental occupancy permits issued pursuant to this article shall
be valid for a period of two years from date of issuance (unless terminated
in advance of that term by the Village).
B.Â
It shall be the duty of the Village Clerk to maintain a register
of rental 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, the lease, the registration
number and the date of expiration of permit for such unit.
A.Â
A renewal application for a rental permit for a rental dwelling unit
shall be made, in writing, by the owner of the property to the Building
Department on a form provided therefor on or 90 days prior to the
expiration date of any valid rental occupancy permit. A renewal rental
occupancy permit shall contain a copy of the prior rental occupancy
permit application. Such renewal application shall contain a signed
statement setting forth the following:
(1)Â
That there are no existing or outstanding violations of any state,
county, or local law, rule or regulation pertaining to the property.
A determination that an existing or outstanding violation of any state,
county, or local law, rule or regulation exists at the property shall
result in an automatic rejection of said application until the existing
matter has been corrected and/or adjudicated.
(2)Â
That there are no changes to any information as provided on the prior
valid rental permit application.
B.Â
Prior to the issuance of a renewal rental occupancy permit, the applicant must pay a registration fee as described in § 123-10 of this article and arrange for and have satisfactory completion of an inspection of the rental dwelling and the premises in which it is located by a Code Enforcement Official employed by the Village that the structure and the dwelling units contained therein meet all applicable state and local laws, codes and regulations or obtain an inspection of the property and dwelling to be rented by and provide the Village a certified, stamped report by a New York State licensed architect or engineer certifying that the premises is free of violations and complies with the New York State Uniform Fire Prevention and Building Code and the Poquott Village Code. If access to the rental dwelling is refused or cannot be obtained, the Village shall have the right to revoke or deny the rental property permit. If there are code violations or violations of this article, the Village shall not issue the rental permit, and shall issue orders to remedy or appearance tickets for all such violations.
C.Â
In the event of the issuance of appearance tickets for owner, occupants,
managers or brokers, a rental permit shall not be issued to the owner
until there has been a final disposition of the violations which are
the basis for the appearance ticket or tickets before the Village
Court and the conditions remedied or a determination made by the Court
that no violation had been committed.
D.Â
If a property owner knowingly rents a rental dwelling that is found
to be without one or more of the following: running water, heat or
heat source, electricity, sanitary facilities, windows in sleeping
spaces, cooking facilities, adequate off-street parking for all tenant
vehicles, smoke and carbon monoxide detectors as required by the Uniform
Code, or there is the presence of black mold in the rental dwelling,
the rental dwelling may not be rented until the condition is remedied
and a reinspection indicating that the problem or problems have been
resolved has been completed. If there are current tenants, they must
be vacated in accordance with New York State law.
E.Â
The Village shall not accept, review or approve any renewal rental
applications for rental dwellings wherein the prior rental permit
expiration date has passed. If the expiration date has passed, the
application will be considered a new application, not a renewal application,
and the owner must file a new application.
A nonrefundable biannual rental permit application fee as set
from time to time by resolution of the Board of Trustees shall be
paid, upon filing an application for a rental permit or renewal application,
in accordance with the schedule of rental permit fees. A copy of said
fees shall be kept on file in the office of the Village Clerk.
A.Â
The Code Enforcement Official may recommend to the Board of Trustees that a rental occupancy permit and rental dwelling registration number should be vacated where he or she finds that the holder of the rental permit has caused, permitted, suffered or allowed to exist and remain, upon the premises for which the rental occupancy permit was issued, a violation of the New York State Uniform Fire Prevention and Building Code, Poquott Village Code, or any unsafe or unsanitary condition exists for a period of 15 days or more after written notice has been given to the holder of the rental occupancy permit or the managing agent of such rental dwelling, or in any such case where the owner refuses access to the Code Enforcement Officer for an inspection or certification of compliance as required in § 123-7B(3) of this article.
B.Â
Upon the recommendation of the Code Enforcement Official and after
written notice by certified mail to the owner, the Poquott Village
Board of Trustees shall hold a public hearing on such recommendation
within 60 days after receiving the recommendation, and after such
hearing the Board of Trustees shall make written findings, a conclusion
and a decision.
A.Â
No owner shall cause, permit, suffer or allow to exist any condition
at a rental dwelling or structure, or exterior property, which is
a violation of this article, the Poquott Village Code, the laws of
Suffolk County, or the laws of the State of New York, including but
not limited to the New York State Uniform Fire Prevention and Building
Code.
B.Â
The use of any dwelling in the Village of Poquott as a rental occupancy
either in whole or in part, either with or without a valid rental
occupancy permit, not equipped with functioning smoke detector devices
and carbon monoxide alarms in compliance with New York State Uniform
Fire Prevention and Building Code shall be a violation of this article.
C.Â
The leasing, use or occupancy by a tenant of less than the entire
dwelling unit is prohibited a violation of this article.
D.Â
The subleasing of any rental dwelling, either with or without a rental
occupancy permit, by any person, business, or entity shall be a violation
of this article.
A.Â
It shall be unlawful and a violation of this article and an offense
within the meaning of the Penal Law of the State of New York for any
person or entity who owns or rents a dwelling unit in the Village
of Poquott to use, establish, maintain, operate, let, lease, sublease,
rent or suffer or permit the occupancy and use thereof as a boardinghouse
or rooming house as defined in this article.
B.Â
It shall be presumed that a building is being used as a boardinghouse
or rooming house if any two or more of the following features or states
of facts are found to exist by the Code Enforcement Officer or any
person authorized to enforce or investigate violations of the Code
of the Village of Poquott or any laws, codes, rules or regulations
of the State of New York or from other competent evidence:
(1)Â
Separate written or oral leases or rental arrangements, payments
or agreements for portions of the building among its owner(s) and
occupant(s);
(2)Â
The inability of any occupant to have lawful access to all parts
of the building;
(3)Â
That the structure shows evidence of an entrance(s) that is not set
forth on plans maintained or approved by the Building Department and
that the Code Enforcement Officer has cause to believe is unauthorized;
(4)Â
Partitions or internal doors with or without keyed locks that may
serve either to bar access between segregated portions of the building,
or to subdivide existing bedrooms into separate bedroom spaces, including
but not limited to a basement, living room or bedroom(s);
(5)Â
Two or more kitchens, or kitchen-type areas, each of which contains
a range, oven, refrigerator, microwave or other cooking apparatus;
(6)Â
The installation or use of portable kitchen appliances, including
but not limited to hot plates, microwaves or a refrigerator, in bedrooms
or other nonkitchen areas;
(7)Â
The conversion of nonhabitable space or habitable space to bedroom
space or additional bedroom space;
(8)Â
Used or available parking spaces in excess of 10% of the total lot
area;
(9)Â
Two or more electrical or other utility meters;
(10)Â
Two or more mailboxes and/or mail slots;
(11)Â
Two or more satellite dishes;
(12)Â
Evidence that garbage, septic or water usage exceeds the reasonable
estimate of such use for the use permitted for the premises;
(13)Â
The owner-applicant has failed to provide the tenants with adequate
off-street parking or the tenants have failed to abide by off-street
parking rules will be subject to revocation.
The Poquott Village Attorney or other counsel retained by the
Board of Trustees, on behalf of the Village of Poquott and its Code
Enforcement Official of the Village of Poquott or his designated representative,
is authorized upon the adoption of a resolution of the Board of Trustees
to make application to the District Court or Supreme Court of Suffolk
County, or any court of competent jurisdiction, for a search warrant
in order to conduct an inspection of any premises covered by this
article where the owner refuses or fails to allow an inspection of
its rental premises and where there is reasonable cause to believe
that a violation of this article or other law or regulation has occurred.
The application for a search warrant shall in all respects comply
with the applicable laws of the State of New York.
A.Â
Broker's/agent's responsibility prior to listing. It shall
be unlawful and a violation of this article and an offense within
the meaning of the Penal Law of the State of New York for any broker
or agent to list, solicit, advertise, exhibit, show or otherwise offer
for lease, or rent on behalf of the owner any dwelling unit for which
a current rental dwelling registration number has not been issued
by the Village of Poquott. It shall be the broker's or agent's
duty to verify the existence of a valid rental dwelling registration
number before acting on behalf of the owner of a property.
B.Â
It shall be unlawful and a violation of this article for any broker
or agent to accept a deposit of rent or security, or a commission,
in connection with the rental of a rental dwelling unit located within
the Village of Poquott where no rental dwelling registration number
has been issued as required under this article.
C.Â
It shall be unlawful and a violation of this article, and an offense
within the meaning of the Penal Law of the State of New York, for
any real estate broker or agent to list, advertise, show or otherwise
offer for lease, or rent on behalf of the owner any residential dwelling
in a manner inconsistent with the use reflected on the certificate
of occupancy, certificate of zoning compliance, certificate of existing
use or special permit issued for the premises. It shall be the real
estate broker's or agent's duty to verify the legal status
of the premises before acting on behalf of the owner.
D.Â
In the event that a person convicted of a violation of this section
shall have been a real estate broker or salesperson licensed by the
State of New York at the time such violation was committed, the Village
Clerk shall transmit a record of such conviction to the Division of
Licensing Services of the Department of State and make a complaint.
Any person, association, estate, limited liability company,
trust, firm or corporation or other entity which violates any provision
of this article or assists in the violation of any provision of this
article, including but not limited to the owner, manager, person in
control, real estate broker or agent, or officer or partner of the
owner or applicant, who shall be guilty of a violation of this article
as that term is defined in the New York Penal Law and which is punishable
as follows:
A.Â
The first violation of this article within an eighteen-month period
shall be punishable by a fine of not less than $1,000 nor more than
$2,500.
B.Â
The second violation of this article within an eighteen-month period
shall be punishable by a fine of not less than $2,500 nor more than
$5,000.
C.Â
The third violation of this article within an eighteen-month period
shall be punishable by a fine of not less than $5,000 nor more than
$10,000.
D.Â
Each day that a violation of this article should exist shall constitute
a separate violation of this article whether or not an additional
appearance ticket is issued for that offense or violation.
E.Â
For the purpose of conferring jurisdiction upon courts and judicial
officers in general, violations of this article shall be deemed violations,
and, for such purpose only, all provisions of law relating to violations
shall apply. Each day's continued violation shall constitute
a separate additional violation whether or not an additional appearance
ticket is issued for that offense or violation.
F.Â
A violation existing at the premises shall be a violation by and
of the tenant, owner, manager, person in control, and their agents
and representatives, and the real estate broker or agent for the property
or rental, each of which or all of which may, at the sole discretion
of the Village, be issued an appearance ticket and charged for that
violation or offense, and prosecuted for the existence of a violation.
G.Â
Additionally, in lieu of imposing the fine authorized by this article,
in accordance with Penal Law § 80.05(5), the court may sentence
the defendant(s) to pay an amount, fixed by the court, not exceeding
double the amount of the rent collected over the term of the occupancy.
H.Â
The court may dismiss the violation or reduce the minimum fine imposed
where it finds that the defendant has cooperated with the Village
of Poquott in the investigation and prosecution of a violation of
this article.
I.Â
Where authorized by a duly adopted resolution of the Board of Trustees,
the Village Attorney or other counsel retained by the Board of Trustees
for that purpose may bring and maintain a civil proceeding, in the
name of the Village, in the Supreme Court, to permanently enjoin the
person or persons conducting, maintaining or permitting said violation
or for other relief as may be appropriate or to take such other civil
action as may be necessary to correct, prevent or remove a violation
or unsafe and hazardous condition. The owner and tenants of the residence
wherein the violation is conducted, maintained or permitted may be
made defendants in the action. The commencement of a civil proceeding
by the Village shall not be deemed or construed to be a waiver by
the Village of the right to bring an action for prosecution or enforcement
of the violation and the fines and penalties under this section or
as otherwise may be applicable under the law, and the election of
either a prosecution or civil proceeding by the Village shall not
be exclusive of any other remedy. The Village shall be entitled to
an award of all costs in the proceeding, including but not limited
to administrative, engineering, filing, and other costs and legal
fees, and to bring a separate action for those costs as may be necessary.
J.Â
The Village shall have the right, after the determination by the
Code Enforcement Official, or other appropriate official or employee
of the Village, that a dangerous, hazardous or unsafe condition exists
on a premises that is subject to this article, after the expiration
of 10 calendar days from the date of the mailing of written notice
to the owner and the occupant served by regular and certified mail,
return receipt requested, to enter the premises and cure, correct
or repair the dangerous, hazardous or unsafe condition, and all costs
and expenses associated with that action by the Village (including
administrative, engineering and professional fees in the amount of
25% of the actual costs and expenses incurred in curing, correcting
or repairing the condition) shall be reimbursed by the owner of the
property to the Village, and in the event that the amount has not
been paid to the Village within 10 days of the date of billing, the
amount shall become a lien on the property and billable in the next
Village real estate tax bill for that property. The notice required
in this section shall not prejudice or affect any other right that
the Village may have under the law to address or remedy a dangerous,
hazardous or unsafe condition, including the right to immediately
enter the property to correct a condition that is an imminent danger
to life, property or public safety.
In the event that any provision of this article should be determined
to be improper or void, the remaining provisions of this article shall
remain in full force and effect.
