[Amended 10-3-2017 by L.L. No. 2-2017]
It shall be unlawful and a violation of this
chapter for any person or entity who owns a dwelling unit in a mixed
occupancy building and in a multiple dwelling to establish, maintain,
use, let, lease, rent or suffer or permit the occupancy and use thereof
as a rental occupancy without having first obtained a valid permit
for such rental occupancy from the Building Department of the Village
as herein provided. No rental occupancy permit shall be granted to
a transient rental property.
A.
Application for a rental occupancy permit for a rental
dwelling unit shall be made in writing to the Building Department
on a form provided by the Building Department for that purpose.
B.
Such application shall be filed in duplicate and shall
contain:
(1)
The name, address and telephone number, if any, of
the owner of the dwelling unit intended for rental occupancy.
(2)
The street address and Tax Map description (section,
block and lot or lots) of the premises intended for rental occupancy
or the premises in which the rental dwelling units intended for occupancy
are located.
(3)
The number of people presently residing in or occupying
such premises intended for rental occupancy.
(4)
A description of the structure, including:
(6)
The name, address and telephone number, if any, of
the managing agent or operator of each such intended rental dwelling
unit.
(7)
The name and address of the insurance company, if
any, providing the fire and other hazard and liability insurance for
the owners of the premises, with a description of the type of insurance
provided, policy limits for each coverage and the policy number and
expiration date of such policy.
C.
Such application shall be signed by the owner of the
premises and the statements of such owner therein contained shall
be verified under oath. If an owner is a natural person permanently
residing outside of Nassau, Suffolk, Queens, Kings, New York, Richmond,
Bronx and Westchester Counties, the application may be signed on behalf
of the owner and may be verified by a managing agent having personal
knowledge of the facts. An application executed on behalf of an owner
by a managing agent having personal knowledge of the facts shall be
verified under oath.
D.
Such application shall be accompanied by the following:
(1)
A property survey of the premises drawn to a scale
not greater than 40 feet to one inch.
(2)
If not shown on the survey, a site plan, drawn to
scale, showing all buildings, structures, walks, drives and other
physical features of the premises and the number, location and access
of existing and proposed on-site vehicle parking facilities.
(3)
A building permit application, properly prepared,
for all proposed buildings, improvements and alterations to existing
buildings on the premises, if any.
(4)
A copy of the certificate of occupancy, certificate
of completion, and/or certificate of existing use, if any.
E.
Notwithstanding the above, no rental occupancy permit
shall be required for a residential care facility established under
New York State guidelines.
A.
Permit application fee.
(1)
A nonrefundable permit application fee shall be paid
upon filing an application for a rental occupancy permit in accordance
with the following schedule of rental dwelling units per structure:
[Amended 2-6-2018 by Res.
No. 17-109]
(2)
These fees may be changed from time to time by resolution
of the Board of Trustees.
B.
The fee required by this section shall be waived for
any applicant which demonstrates that it is a not-for-profit housing
development corporation organized under the laws of the State of New
York, and that it is providing housing for senior citizens or other
designated special populations subject to income guidelines established
by either federal or state regulations.
The Code Enforcement Officer shall review each
application for completeness and accuracy and shall make an on-site
inspection of the proposed rental dwelling unit or units. If satisfied
that the proposed rental dwelling unit or units, as well as the premises
in which the same are located, comply fully with all applicable state
and local laws, ordinances, rules and regulations of the county, town
and Village, and that such rental dwelling unit or units would not
create an unsafe or dangerous condition or create an unsafe and substandard
structure, or create a nuisance to adjoining nearby property, the
Code Enforcement Officer shall issue the permit or permits.
All permits issued pursuant to this chapter shall be valid for a period of two years from the date of issuance and may be renewed for additional two-year periods thereafter. The renewal application shall contain substantially the same information required by § 196-6 of this chapter upon forms to be furnished by the Building Department. Approval of renewal applications shall be based upon compliance with the requirements of § 196-8 hereunder. The fees to be paid in connection with a renewal permit shall be the same as those fees set forth in § 196-7 of this chapter.
It shall be the duty of the Code Enforcement
Officer to maintain a register of permits issued pursuant to this
chapter. Such register shall be kept by street address, showing the
name and address of the permittee, the number of rental dwelling units
at such street address, the number of rooms in each such rental dwelling
unit and the date of expiration of the permit for such unit.
A.
Smoke detectors/carbon monoxide alarm. No permit shall
be issued until the Code Enforcement Officer shall inspect the rental
dwelling unit to determine that it is equipped with a functioning
smoke-detector device and carbon monoxide alarm in compliance with
the New York State Uniform Fire Prevention and Building Code and the
Residential Code of New York State.
B.
On-site parking. The premises shall provide the minimum
on-site parking spaces as required by the Village Code.
C.
No rental permit shall be issued for a rental dwelling
unit consisting of one room only unless such room shall provide a
minimum clear floor area of 100 square feet.
The Code Enforcement Officer is authorized to
make or cause to be made inspections to determine the condition of
rental dwelling units. The Code Enforcement Officer 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 Code Enforcement Officer is authorized to
make application to any court of competent jurisdiction for the issuance
of a search warrant, to be executed by a police officer, 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 North Hempstead Code,
the Town of Hempstead 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.
