[HISTORY: Adopted by the Board of Trustees
of the Village of Brightwaters 12-3-2018 by L.L. No. 6-2018. Amendments noted where
applicable.]
This chapter of the Code shall be applicable only to single-family
residential dwellings.
As used in this chapter, the following terms shall have the
meanings as indicated:
Single-family residence or dwelling.
The person or persons set forth in the latest deed or other
instrument of conveyance, as filed in the office of the Suffolk County
Clerk, setting forth the true and accurate owner or owners of real
property.
The Board of Trustees of the Village of Brightwaters hereby
finds that it is in the public interest to prevent unsafe conditions
arising from the rental of residential property that is in violation
of the New York State Uniform Fire Prevention and Building Code or
the Brightwaters Village Code, and any other codes or regulations
that are applicable within the Village of Brightwaters, and property
used for rental that is inadequate in size, overcrowded and dangerous;
or which poses hazards to life, limb and property of residents of
the Village of Brightwaters or that tends to promote and encourage
deterioration of the housing stock of the Village of Brightwaters;
creates blight, excessive vehicle traffic and parking problems; and
overburdens municipal services. The Board of Trustees further finds
that additional Code provisions are required to halt the proliferation
of such conditions and that the public health, safety, welfare and
good order governance of the Village of Brightwaters will be enhanced
by enactment of the regulations set forth in this chapter.
This chapter shall apply to all rentals of property for residential
use in the Village of Brightwaters. Any property shall be presumed
to be rented if said premises is not occupied by the legal owner thereof.
The provisions of this chapter shall be deemed to supplement
applicable state and local laws, codes and regulations. Nothing in
this chapter 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. The issuance of any permit
or the filing of any form under this chapter does not make legal any
action or state of facts that is otherwise illegal, unlawful or nonpermitted,
or is otherwise in contravention of any other applicable law, code,
rule or regulation.
It shall be unlawful to use, establish, maintain, lease or let
any premises, entirely or partially for residential occupancy, where
any rent or other consideration is paid, charge is made or services
are rendered in exchange for such use or occupancy, without first
having obtained a permit therefor, as required by this chapter.
A.
An application for a rental permit that has been signed and sworn
to by the owner shall be filed for all rentals of property for habitation
or residential purposes prior to the rental or occupancy thereof,
which application shall contain the legal residence and contact information
of each owner and verification of an inspection by the Village of
Brightwaters or a written certification from a licensed architect
or licensed engineer that states that the rental unit fully complies
with all of the provisions of the New York State Uniform Fire Prevention
and Building Code and Brightwaters Village Code, and any other applicable
codes and regulations, which certification shall not have been completed
more than 30 days prior to the date of the application for a rental
permit, and a floor plan of the rental unit.
B.
Owner or designated agent. An application hereunder shall be executed
by the record owner of the premises or by an agent designated, in
writing, by said record owner for the purposes of this chapter. Said
record owner or agent, as the case may be, shall be the person upon
whom service shall be made of any written violation or notice of violation
under this Code. Where a record owner maintains residence outside
of the County of Suffolk, State of New York, such record owner, as
a condition of any permit hereunder, shall designate a person as the
agent for such premises.
A permit shall be issued hereunder upon a determination by the
Superintendent of Buildings that the dwelling unit conforms to all
applicable provisions of the New York State Uniform Fire Prevention
and Building Code and the Code of the Incorporated Village of Brightwaters.
Where the provisions or requirements of such codes are in conflict,
one with the other, then the provision or requirement which is the
more restrictive, or which establishes the higher standard, shall
prevail.
Where the Building Inspector determines not to issue a permit
hereunder, the Building Inspector shall provide written notice to
the applicant as to the basis therefor, which notice shall set forth,
in detail, those matters which are required to be addressed by the
applicant in order for such permit to issue. In the event of any denial
of a permit hereunder, the applicant shall have a right of appeal
to the Board of Trustees, which shall consider any such appeal promptly
and provide its decision, in writing, to the applicant.
A.
No permit or renewal thereof shall be issued under any application
unless the property shall be in compliance with all the provisions
of the Code of the Incorporated Village of Brightwaters, the laws
and sanitary and housing regulations of the County of Suffolk or any
special district, and the laws of the State of New York.
B.
Prior to the issuance of any such permit or renewal thereof, the
property owner shall provide a certification from a licensed architect,
a licensed professional engineer or the Village Building Inspector
that the property which is the subject of the application is in compliance
with all the provisions of the Code of the Incorporated Village of
Brightwaters, the laws and sanitary and housing regulations of the
County of Suffolk or any special district, and the laws of the State
of New York.
The Village Building Inspector is authorized to make or cause
to be made inspections to determine the condition of dwellings and
to safeguard the health, safety, morals and welfare of the public.
The Building Inspector or his designated representative is authorized
to enter, upon the consent of the owner, tenant or occupant of any
dwelling, dwelling unit, rooming house, rooming unit or premises,
at any reasonable time during daylight hours, or at such other time
as may be necessary in an emergency without consent of the owner,
for the purpose of performing his duties under this chapter.
The Village Building Inspector or his designated representative
is authorized to make application to any court with jurisdiction over
the premises 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.
Nothing in this chapter, except for provisions concerning emergency
inspections, shall be deemed to authorize the Village Building Inspector
or his authorized representative to conduct an inspection of any premises
subject to this chapter without the consent of the owner and/or occupant
of the premises and without a warrant duly issued by an appropriate
court.
A.
A permit issued hereunder shall be valid for a period of three years from the date of issuance, except upon transfer of record ownership of the premises under § 107-15 herein.
B.
An application for the renewal of a rental permit shall be signed
by the owner and shall be completed and filed with the Building Inspector
not later than 30 days prior to the expiration of any valid rental
permit. The application for a renewal of the rental permit shall contain
an official copy of the prior valid rental permit and either a signed
and sworn affidavit by the owner affirming that the rental property,
to the best of his/her knowledge, fully complies with all of the provisions
of the New York State Uniform Fire Prevention and Building Code and
Brightwaters Village Code, that the structure has not been physically
altered in any way, except in full conformance with a valid building
permit, and the owner is not aware of the property being in violation
of the New York State Uniform Fire Prevention and Building Code and
the Brightwaters Village Code; or an inspection by the Building Inspector
of the Village of Brightwaters.
A permit issued hereunder shall not be transferred or be transferable
to a successor record owner. The then-current record owner shall provide
written notice to the Building Inspector upon transfer of title to
the premises within 48 hours of any such event. The successor record
owner shall, not later than 10 days after the date of transfer of
title to the premises, apply for such permit or permits hereunder
as may then be required for such premises.
The Board of Trustees shall adopt, and from time to time may
amend, a schedule of fees payable by applicants for permits hereunder
or for renewals thereof. Such schedule of fees may, in the discretion
of the Board of Trustees, take into account if the dwelling unit is
occupied by the record owner or by a member or members of the immediate
family of the record owner. Such schedule of fees may, in the discretion
of the Board of Trustees, take into account if the record owner is
over the age of 65 at the time application is made hereunder.
A record of all applications made and permits issued hereunder
shall be maintained in the office of the Village Clerk.
It shall be unlawful and a violation of this chapter and an
offense within the meaning of the Penal Law for any person to list,
solicit, advertise or offer, exhibit or show, to any person, a dwelling
unit within the Village, for the purpose of bringing about or causing
the rental thereof, where no currently effective permit has been issued
by the Building Inspector in respect to such dwelling unit, as provided
in this chapter.
A.
Any person who violates, or assists in the violation of, any provision of this chapter other than § 107-6 above (Permit required) shall be guilty of a violation punishable by a fine not less than $1,000 nor more than $1,500 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of two years, punishable by a fine of not less than $1,500 nor more than $2,500 or imprisonment for a period not to exceed 15 days, or both; and upon conviction of a third or other subsequent offense, all of which were committed within a period of three years, punishable by a fine of not less than $3,000 or imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate violation of this chapter.
