[HISTORY: Adopted by the Board of Trustees of the Village of Cedarhurst 3-4-2019 by L.L. No. 10-2020. Amendments noted where applicable.]
The Board of Trustees has determined that there exist within the Village of Cedarhurst serious concerns which have arisen from the rental of dwelling units as transient rentals that pose hazards to the lives, limbs and property of residents of the Village and to others. Such transient rentals also tend to promote or encourage deterioration of the housing stock of the Village, create blight, excessive vehicle traffic and parking problems, and overburden municipal services. The purpose of this chapter is to halt the proliferation of such conditions, and to enhance the public health, safety, welfare and the good order and governance of the Village. Accordingly, the Board of Trustees of the Village do hereby enact this chapter to protect the public health, safety and welfare by prohibiting the establishment, maintenance and operation of transient rental properties and bed-and-breakfast establishments in the Village of Cedarhurst.
The provisions of this chapter shall be deemed to supplement applicable state and local laws, ordinances, codes or regulations, and nothing in this chapter shall be deemed to abolish, impair, supersede or replace more restrictive or stringent remedies of the Village, county or state, or existing requirements of any other applicable state or local laws, ordinances, codes or regulations. In case of conflict between any provision of this chapter and any applicable state or local laws, ordinances, codes or regulations, the more restrictive or stringent provision or requirement shall prevail.
As used in this chapter, the term "transient rental property" means a rental dwelling or dwelling unit occupied by persons other than the owner or a family member of the owner and for which rent is received by the owner, directly or indirectly, in exchange for such rental occupation for a period of less than 30 days, a bed-and-breakfast establishment or occupancy, and all other non-owner-occupied dwelling units rented for a period of less than 30 days.
As used in this chapter, the term "bed-and-breakfast establishment" means a house or residence that is owner-occupied in which someone can rent to sleep and the price includes breakfast for the next morning.
Presumption of dwelling unit as transient rental property or a bed-and-breakfast establishment.
The presence of the following shall create a presumption that a dwelling unit is being used as a transient rental property or a bed-and-breakfast establishment:
The foregoing presumption may be rebutted by evidence presented to the Building Official that the dwelling unit is not a transient rental property.
It shall be unlawful and a violation of this chapter for any person or entity who owns or leases a dwelling unit in the Village to establish, maintain, use, let, lease, rent or suffer or permit the occupancy and use thereof as a transient rental property.
The Building Official is authorized to make or cause to be made inspections to determine the condition of rental dwelling units. The Building Official is authorized to enter, upon consent of the owner if the unit is unoccupied or upon consent of the occupant if the unit is occupied, any rental dwelling unit and the premises in which the same is located, at a reasonable time or at such other time as may be necessary in an emergency for the purpose of performing duties under this chapter.
The Building Official is authorized to make application to any court of competent jurisdiction for the issuance of a search warrant, to be executed by a Building Inspector or Building Official, aided by a police officer if requested, in order to conduct an inspection of any premises covered by this chapter where the owner or occupant refuses or fails to allow an inspection of the rental dwelling unit or premises and where there is reasonable cause to believe that a violation of this chapter or a violation of the Multiple Residence Law, the New York State Uniform Fire Prevention and Building Code, Residential Code of New York State, the Nassau County Fire Prevention Ordinance, the Town of Hempstead Code or the Village Code has occurred. The application for a search warrant shall, in all respects, comply with applicable laws of the State of New York.
Any person, firm or corporation violating any provisions of this chapter, or who assists in the violation of this chapter, shall, for each and every violation and for each and every day that such violation continues, forfeit and pay a penalty of not more than $2,000 but not less than $1,000. Any violation of this chapter, or any part thereof, shall constitute disorderly conduct, and any person violating the same shall be and is hereby declared a disorderly person.
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.