[HISTORY: Adopted by the Town Board of the Town of Southold 12-20-2018 by L.L. No. 14-2018. Amendments noted where applicable.]
[Amended 8-29-2023 by L.L. No. 24-2023]
A.
The Town Board of the Town of Southold has determined that there
exists in the Town of Southold serious conditions arising from nonowner
occupied rental of dwellings, dwelling units and amenities that are
substandard or in violation of the New York State Uniform Fire Prevention
and Building Code, Uniform Fire Prevention and Building Code Administration
and Enforcement Law of the Town of Southold,[1] and other codes and ordinances of the Town. Many of these
rentals are inadequate in size, overcrowded and dangerous, and pose
hazards to life, limb and property of residents of the Town and others,
tend to promote and encourage deterioration of the housing stock of
the Town, have resulted in a degradation in quality-of-life issues
to surrounding property owners, create blight and excessive vehicle
traffic and parking problems and 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 Town will be enhanced
by enactment of the regulations set forth in this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
The official who is charged by the Town Board with the administration
and enforcement of this chapter, or any duly authorized representative
of such person, including but not limited to the Building Inspector,
Chief Building Inspector, Principal Building Inspector, Senior Building
Inspector, Building Permits Examiner, Zoning Inspector, Electrical
Inspector, Plumbing Inspector, Fire Marshal, Fire Marshal I, Fire
Marshal II, Chief Fire Marshal, Town Investigator, Senior Town Investigator,
Ordinance Enforcement Officer or Ordinance Inspector of the Town of
Southold, Stormwater Manager, Town Engineer and such person(s) shall
be certified as a New York State Code Enforcement Official; Code Enforcement
Officer.
A building designed exclusively for residential purposes.
A building, other than an apartment house, designed for and
occupied as a residence by three or more families living independently
of each other.
A detached building designed for and occupied exclusively
as a home or residence by not more than one family.
A building arranged, designed for or occupied exclusively
as a home or residence for not more than two families living independently
of each other.
A single unit within a building or structure providing complete
independent living facilities for one or more persons, including permanent
provisions for living, sleeping, eating, cooking and sanitation.
The immediate family of the owner of a housing unit consists
of the owner's spouse, domestic partner, children, parents, grandparents
or grandchildren, siblings, uncles, aunts, nieces, nephews, cousins
and in-laws.
Any person, partnership, corporation 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.
A return, in money, property or other valuable consideration
(including payment in kind or for services or other thing of value),
for use and/or occupancy or the right to use and/or occupy a dwelling
unit and/or any portion of a property, including accessory structures,
uses or amenities, whether or not a legal relationship of landlord
and tenant exists between the owner and the occupant or occupants
thereof.
[Amended 8-29-2023 by L.L. No. 24-2023]
A dwelling unit established, occupied, used or maintained
for rental occupancy
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.
A permit which is issued upon application to the Code Enforcement
Officer designated by the Town Board with the administration of this
chapter and shall be valid for 24 months from the date of issuance.
Rental permit fees shall be set by the Town Board by resolution.
Each rental dwelling shall be equipped with functioning smoke
detectors and carbon monoxide detectors, in compliance with New York
State Uniform Fire Prevention and Building Code.
A.
No permit shall be issued under any application unless the rental
dwelling unit has a valid certificate of occupancy or precertificate
of occupancy.
B.
The Code Enforcement Official is authorized to make or cause to be
made inspections, to determine the condition of dwellings and to safeguard
the health, safety, and welfare of the public. The Code Enforcement
Official or his designated representative is authorized to enter the
subject premises upon the consent of the owner.
C.
Search without warrant restricted. Nothing in this chapter, except
for provisions concerning emergency inspections, shall be deemed to
authorize the Code Enforcement Official or his authorized representative
to conduct an inspection of any premises subject to this chapter without
the consent of the owner of the premises or without a warrant duly
issued by an appropriate court.
D.
Conflict with other chapters or law. Nothing in this chapter shall
be construed to negate the authority for inspections pursuant to any
other section of law or court-ordered inspection.
E.
Presumption of rent. Any dwelling, dwelling unit, rooming house,
rooming unit or any other premises subject to this chapter shall be
presumed to be rented for a fee and a charge made if said premises
are not occupied by the legal owner thereof. This presumption shall
be rebuttable.
The Code Enforcement Official or his designated representative
is authorized to make application to the Town of Southold Justice
Court or Supreme Court of Suffolk County, or any court of competent
jurisdiction, for the issuance of a search warrant in order to conduct
an inspection of any premises covered by this chapter 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
chapter has occurred. The application for a search warrant shall in
all respects comply with the applicable laws of the State of New York.
A.
It shall be unlawful for any rental occupancy to exist in any dwelling
without the owner's first having obtained a rental permit from the
Code Enforcement Official. The rental of any parcel amenity, accessory
use or yard area, including pools, barns (except for storage-only
purposes), sports courts or waterway access, not in conjunction with
a permitted rental unit occupancy, is at all times prohibited.
[Amended 8-29-2023 by L.L. No. 24-2023]
B.
Rental permit application requirements.
(1)
Rental permit applications shall be in writing on a form provided
by the Town and shall include the owner's name, address and telephone
number.
(2)
Rental permits applications shall contain a description of the unit,
including the number of rooms in the rental dwelling unit, and the
dimensions and use of each such room shall be included. The name,
address and telephone number, if any, of the managing agent or operator
of each such intended rental dwelling unit shall be included.
(3)
Rental permits applications shall include the maximum number of persons
that are being requested to occupy the rental dwelling unit.
(4)
All applicants for a rental permit shall sign an affidavit stating
that they have received a copy of and fully understand this chapter
of the Southold Town Code.
(5)
All applicants must submit the following documents:
(a)
Copies of all certificates of occupancy and/or precertificates
of occupancy for the rental dwelling unit;
(b)
An affidavit setting forth the address to be used as the last
known address of the owner for service pursuant to all applicable
laws and rules. The owner shall notify the Code Enforcement Official
of any change of address submitted pursuant to this section within
five business days of any change thereto; and
(c)
Inspection report. The owner of the rental dwelling unit shall:
[1]
Arrange for an inspection of the unit or units and the premises
on which the same are located by the Code Enforcement Official or
his designee employed by the Town of Southold, or
[2]
Provide to the Code Enforcement Official an inspection report,
on a form provided by the Town, signed by either a New York State
licensed professional engineer, New York State licensed architect
or home inspector who has a valid New York State Uniform Fire Prevention
Building Code certification that the structure and the dwelling units
contained therein meet all applicable housing, sanitary, building,
electrical and fire codes, rules and regulations.
(6)
Each application shall be executed and sworn to by the owner of the
premises.
(7)
All rental properties containing eight or more rental units shall
provide for a designated site manager, who shall be available to address
and resolve any issues with the property 24 hours a day. The owner
of the property must file the manager's address, telephone number
and other contact information with the Code Enforcement Official within
five days of the designation of the manager or any changes thereto.
C.
Notwithstanding
the above, no rental occupancy permit shall be required for a residential
care facility licensed under federal, New York State or Suffolk County
guidelines.
D.
Renewal of rental permits.
(1)
A renewal rental permit application signed by the owner shall be
completed and filed with the Code Enforcement Official at least 90
days prior to the expiration date of any valid rental permit. A renewal
rental permit application shall contain a copy of the prior rental
permit.
(2)
Prior to the issuance of a renewal rental permit, the owner shall cause an inspection of the unit or units and the premises pursuant to § 207-7B(5)(c) above.
(3)
The Town of Southold shall not accept, review or approve any renewal
rental application for a dwelling or rental dwelling unit wherein
the prior rental permit expiration date has passed. If the expiration
date has passed, the owner must file a new application.
[Amended 8-29-2023 by L.L. No. 24-2023]
E.
Advertising
of rentals.
[Added 8-29-2023 by L.L. No. 24-2023]
(1)
The
advertising of any rental unit shall include the rental permit number
as part of the written and posted ad and on all social media and rental
websites. The rental permit must be posted at the primary front entrance
of the parcel containing the rental unit at all times.
(2)
It
shall be unlawful and a violation of this chapter for any person,
entity, broker or agent to list, advertise, show or otherwise offer
for lease, rent or sale on behalf of the owner or authorized agent
any dwelling unit which is, itself, a rental dwelling or which contains
a rental unit, for which a current rental occupancy permit has not
been issued by the Code Enforcement Official. This provision is intended
to establish a duty to verify the existence of a valid rental occupancy
permit before listing, showing or otherwise offering for lease, rent
or sale any such dwelling or dwelling unit in the Town of Southold.
(3)
It
shall be unlawful and a violation of this chapter for any person,
entity, corporation, broker, or agent to cause an advertisement or
solicitation for a rental dwelling or dwelling unit to be listed,
placed, posted or submitted for inclusion on any website, in the mass
media, or in printed materials, including flyers, handbills, mailed
circulars, social media, bulletin boards, signs or electronic media,
without such person, entity, corporation, broker or agent first verifying
the existence of a valid rental occupancy permit. All such advertisements,
solicitations, listings, and postings on any website, in the mass
media, or in printed materials, including flyers, handbills, mailed
circulars, social media, bulletin boards, signs or electronic media,
shall include the valid rental permit number. Violation of this section
shall be unlawful and an offense within the meaning of the Penal Law
of the State of New York.
A.
The Code Enforcement Official may revoke a rental occupancy permit
where he or she finds that the permit holder has caused, permitted,
suffered or allowed to exist and remain upon the premises for which
such permit has been issued, for a period of 14 business days or more
after written, return receipt requested notice and opportunity to
be heard has been given to the permit holder, or the managing agent
of such rental dwelling unit, a violation of the Multiple Residence
Law and/or New York State Uniform Fire Prevention and Building Code
or a violation of this chapter or other chapter of the Town Code.
Revocation of a permit under this subsection cannot be done by a devisee
or assistant of the Code Enforcement Official.
B.
An appeal from such revocation may be taken by the permit holder
to the Town Board, by written request, made within 30 days from the
date of such revocation. The Town Board shall hold a public hearing
on such appeal after receipt of written request of such appeal, and
after such hearing shall make written findings and conclusions and
a decision either sustaining such permit revocation or reinstating
such permit within 30 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 permit revocation until the Town Board has considered
and ruled upon the issue.
C.
Any permit holder that takes an appeal to the Town Board from the
revocation of a rental permit shall be required to pay an administrative
fee $200 to the Town Clerk with the written request for the appeal.
[Amended 8-29-2023 by L.L. No. 24-2023]
A.
Broker's/agent's responsibility prior to listing. No real estate
broker or agent shall list or otherwise advertise, or offer for lease
any rental dwelling unit for which a current rental permit has not
been issued by the Code Enforcement Official. Any such listing must
include the current rental permit number for the rental unit.
This chapter shall be enforced by the Code Enforcement Officer
as defined by this chapter.
A.
Any person, association, firm, corporation or broker that violates
any provision of this chapter or assists in the violation of any provision
of this chapter shall be guilty of a violation, punishable:
[Amended 8-29-2023 by L.L. No. 24-2023]
(1)
By a fine not less than $3,000 and not exceeding $10,000 or the fourteen-day
published rental rate, whichever is higher, or by imprisonment for
a period not to exceed 15 days, or both, for conviction of a first
offense.
(2)
By a fine not less than $5,000 nor more than $20,000 or the fourteen-day
published rental rate, whichever is higher, and revocation of the
rental permit or by imprisonment for a period not to exceed 15 days,
or both, for conviction of the second of the two offenses, both of
which were committed within a period of five years.
B.
Each week's continued violation shall constitute a separate additional
violation.
C.
This section is enacted pursuant to Municipal Home Rule Law § 10(1)(ii)
a(9-a) and § 10(1)(ii)d(3) and pursuant to § 10(5)
of the Statute of Local Governments, and is intended to supersede
Town Law § 268 and any other statute or local law to the
extent necessary to increase the minimum and maximum penalties contained
therein.
A.
Severability. If any clause, sentence, paragraph, section or part
of this chapter shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved
in said judgment.
B.
Effective date. This chapter shall be effective upon filing with
the Secretary of State. However, in order to afford property owners
a sufficient amount of time to apply for and obtain a rental permit
as set forth herein, no violation of this chapter will be charged
prior to August 1, 2019 and no violation for failure to obtain a permit
shall be issued to a person or entity that:
