Lawrence City Zoning Code
ARTICLE XIII
Rental Dwelling Units
§ 212-104 Purpose.
The Village Board has determined that there exists in the Village of Lawrence serious conditions arising from non-owner-occupied dwelling units that are in violation of the Village Code and the New York State Uniform Fire Prevention and Building Code, are inadequate in size, overcrowded and dangerous, tend to create parking problems, in violation of peace and good order, and have negative effects on neighboring property values. The Village Board finds that that the public safety, health, and well-being of persons and property will be enhanced by enactment of the regulations set forth in this article.
§ 212-105 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A structure or building or part thereof, which provides lawful living arrangements for one or more persons.
Any person or entity, who has the right to possession of a dwelling unit.
A return in money, property, or other valuable consideration (including payment in kind or for services or other thing of value) for the use and occupancy or the right to the use and occupancy of a dwelling unit.
Occupancy or use of a dwelling unit by one or more persons as a home or residence under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use.
A 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 60 consecutive nights. For the purposes of this article, the term "transient rental property" shall mean all non-owner-occupied dwelling units rented for a period of less than 60 consecutive nights, and shall not include any legally operating hotel/motel business operating exclusively for the purpose of, and catering to customers who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies, and other activities that are customary to a commercial hotel/motel business.
Presumption that a dwelling unit is a transient rental property.
§ 212-106 Permit required.
It shall be unlawful for any owner to engage in rental occupancy, without the owner first obtaining a rental permit. No rental permit shall be issued to a transient rental property.
§ 212-107 Application for permit.
To obtain a permit in accordance with this article, an owner must complete an application on forms prescribed by the Village Clerk-Treasurer. Such application shall include:
A.
The owner(s) name, address, and telephone number.
B.
The street address and Nassau Country Tax Map designation of the dwelling unit intended to be rented.
C.
Number of dwelling units, and the measurements for each dwelling unit intended to be rented.
D.
A deed or other proof of ownership to the dwelling unit.
E.
A copy of all certificates of occupancy.
F.
Each application shall be executed by and sworn to under oath by the owner.
§ 212-108 Permit fees.
Each applicant for a permit shall pay a nonrefundable filing fee with the application. A permit fee shall be paid upon issuance of the permit. The application filing fee and permit fee shall be determined by resolution of the Board of Trustees. The provisions of this section shall not apply to owners who engaged in rental occupancy before the effectiveness of this article.
§ 212-109 Permit transferability.
No permit pursuant to this article shall be transferred or loaned to, from or by one person to another or transferred from one dwelling unit to another.
§ 212-110 Expiration of permit; renewal.
A.
All permits issued pursuant to this article shall expire on the last day of December in the year of issuance. Permits may be renewed upon application made before March 1 of the following year, and payment of a renewal annual fee as determined by resolution of the Board of Trustees.
B.
If an owner fails to make proper timely application for renewal, the owner shall be required to reapply and pay any application and permit fee pursuant to § 212-108.
C.
Prior to issuance of a permit renewal, the owner must arrange for the Building Inspector to inspect the dwelling unit(s) intended to be rented, to ensure that it complies with health and safety rules and regulations.
§ 212-111 Smoke detector and carbon monoxide detector.
Each dwelling unit shall be equipped in compliance with the New York State Uniform Fire Prevention and Building Code.
§ 212-112 Inspections.
The Building Inspector is authorized to make or cause inspections to determine the condition of the dwelling units. The Building Inspector is authorized to enter, upon consent of the owner of the dwelling unit. The Building Inspector may enter the dwelling unit without consent, in the event there is an emergency, for purposes of performing duties under this article.
§ 212-113 Application for search warrant.
The Building Inspector is authorized to make an application to any court of competent jurisdiction for the issuance of a search warrant in order to conduct an inspection of any dwelling unit covered by this article where the owner refuses or fails to allow an inspection of its dwelling unit and where there is a reasonable cause to believe that a violation of this article has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York.
§ 212-114 Permit revocation.
In addition to the penalties otherwise provided by law, the Board of Trustees may revoke or suspend any permit issued pursuant to this article after notice to the owner and a reasonable opportunity for the owner to be heard. The Board of Trustees may take such action if, in its discretion, such action is warranted due to the owner's deliberate or willful disregard of the standards imposed by this article or by any other village, county, state or federal law, fraud, misrepresentation or false statement contained in the application for permit or in the course of carrying on the permitted business, or due to two or more violations of this article or any other law occurring within a period of 60 days.
§ 212-115 Penalties for offenses
Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation and shall be punished by:
A.
A fine not less than $500 nor more than $1,000, or by imprisonment for a term not exceeding 15 days;
B.
For conviction of a second offense, both of which were committed within a period of five years, a fine not less than $1,000 nor more than $2,0000, or imprisonment for a term not exceeding 15 days, or both;
C.
Upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $2,000 nor more than $4,000 for a term not exceeding 15 days, or both.
D.
Each week on which any violation of this article occurs shall constitute a separate and distinct offense hereunder.