[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.
A.
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.
B.
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.
C.
Presumption of dwelling unit as transient rental property or a bed-and-breakfast
establishment.
(1)
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:
(2)
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.
