[HISTORY: Adopted by the Board of Trustees of the Village
of Baxter Estates 4-4-2023 by L.L. No. 2-2023. Amendments noted where
applicable.]
The Board of Trustees recognizes the inherent dangers of rental
dwelling units which do not meet minimum firesafety and construction
standards. It hereby finds and determines that a reasonable and lawful
means providing for the registration and inspection of such dwelling
units, on a periodic basis, will promote the health, safety and welfare
of the inhabitants of said dwelling units and the good order of the
Village in general.
All residential premises within the Village of Baxter Estates
are subject to the provisions of this chapter.
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.
Application for a permit shall be made, in writing, on forms
provided by the Village for such purpose, to the Superintendent of
Buildings, or to such other person as may be designated by the Board
of Trustees from time to time. Such application shall contain such
information and shall have appended to it such documents as shall
be reasonably required and as more particularly set forth in a writing
promulgated from time to time by the Superintendent of Buildings.
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
Nassau, State of New York, such record owner, as a condition of any
permit hereunder, shall designate a person with an office and mailing
address within the County of Nassau as the agent for such premises.
A permit shall be issued hereunder upon a determination by the
Superintendent of Buildings that the rental dwelling unit(s) which
are the subject of the application are in compliance with the New
York State Uniform Fire Prevention and Building Code and the Code
of the Incorporated Village of Baxter Estates. 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 Superintendent of Buildings determines not to issue
a permit hereunder, the Superintendent of Buildings 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 Zoning Board of Appeals, 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 Village of Baxter Estates, the laws and sanitary
and housing regulations of the County of Nassau or any special district
having jurisdiction with respect to the property, and the laws, rules
and regulations 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 Superintendent of
Buildings that the property which is the subject of the application
is in compliance with all the provisions of the Code of the Village
of Baxter Estates, the laws and sanitary and housing regulations of
the County of Nassau or any special district having jurisdiction with
respect to the property, and the laws, rules and regulations of the
State of New York.
A.
The Superintendent of Buildings 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
Superintendent of Buildings 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.
B.
Inspection certificates. Every owner of a rental dwelling unit permitted
under this chapter shall submit to the Village Superintendent of Buildings
between June 1 and July 1 of each year a written report as to the
operating condition of the boilers, oil and/or gas burners, electrical
heating equipment, compactors and devices connected therewith and
fire and safety equipment, such as fire extinguishers, fire escapes
and fire-warning systems and sprinkler systems contained in or used
in connection with said rental dwelling unit and its appurtenances.
The reports shall specifically state compliance or lack of compliance
and in what respect there is failure to comply with the provisions
of this Code or any other ordinances which may be applicable. The
reports shall be filed within 30 days after the equipment has been
inspected, and it shall be made and certified by persons, firms or
corporations qualified to service the equipment involved.
A permit issued hereunder shall be valid for a period of two years from the date of issuance, except upon transfer of record ownership of the premises under § 146-11 hereof.
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 Superintendent of Buildings 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.
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 Superintendent of Buildings in respect to such dwelling unit
as provided in this chapter.
A.
Any person, association, firm or corporation who or which violates
any provision of this chapter or assists in the violation of any provision
of this chapter shall be guilty of a violation, punishable by:
(1)
A fine of not less than $500 and not exceeding $1,000 or by imprisonment
for a period not to exceed 15 days, or both, for conviction of a first
offense.
(2)
A fine of not less than $1,000 nor more than $3,000 or by imprisonment
for a period not to exceed 15 days, or both, for conviction of the
second of two offenses, both of which were committed within a period
of five years.
(3)
A fine of not less than $2,000 nor more than $5,000 or by imprisonment
for a period not to exceed 15 days, or both, for conviction of the
third or subsequent offense of a series of offenses, all of which
were committed within a period of five years.
B.
Each week's continued violation shall constitute a separate
additional violation.
