Mount Hope City Zoning Code
ARTICLE X
Multifamily Dwellings, Group Dwellings, and Tourist Home Accommodations
§ 250-45 Scope.
This article in this chapter shall apply to all boardinghouses, rooming houses and lodging houses, multifamily dwellings, group dwellings, mobile home courts, tourist accommodations, bed-and-breakfasts, as defined, located within the Town of Mount Hope.
§ 250-46 Applicability.
The provisions of this article in 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 existing remedies of the Town, 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.
§ 250-47 Permit required.
All boardinghouses, rooming houses and lodging houses, multifamily dwellings, group dwellings, mobile home courts, tourist accommodations and bed-and-breakfasts in the Town must have a permit issued by the Town Building Inspector.
§ 250-48 Application for permit.
A.
Application for a permit for a boardinghouse, rooming house, lodging house, multifamily dwelling, group dwelling, mobile home court, tourist accommodation or bed-and-breakfast shall be made, in writing, to the Town Building Inspector on a form provided by the Inspector for that purpose. Such application shall be filed in duplicate and shall contain:
(1)
The name, address and telephone number, if any, of the owner of the boardinghouse, rooming house, lodging house, multifamily dwelling, group dwelling, mobile home court, tourist accommodation or bed-and-breakfast.
(2)
The street address and Tax Map description (section, block, lot or lots) of the boardinghouse, rooming house, lodging house, multifamily dwelling, group dwelling, mobile home court, tourist accommodation or bed-and-breakfast.
(3)
The number of dwelling units/rooms in the boardinghouse, rooming house, lodging house, multifamily dwelling, group dwelling, mobile home court, tourist accommodation or bed-and-breakfast, the dimensions of each dwelling unit/room, the number of persons intended to be accommodated by and to reside in each such dwelling unit/room and a description of the present use or uses thereof, if any.
(4)
The name, address and telephone number of the managing agent or operator of each such boardinghouse, rooming house, lodging house, multifamily dwelling, group dwelling, mobile home court, tourist accommodation or bed-and-breakfast who is authorized to act on behalf of the owner, along with his or her phone number. The name and phone number of an on-premises person who can grant access to the building and its occupants shall also be furnished. The Town Building Inspector shall be notified within 10 working days of any change in this information.
(5)
The name and address of the insurance company, if any, providing the fire and other hazard and public liability insurance for the owner of the boardinghouse, rooming house, lodging house, multifamily dwelling, group dwelling, mobile home court, tourist accommodation or bed-and-breakfast, with a description of the type of insurance provided, the policy limits for each coverage and the policy number and expiration date of such policy.
B.
Such application shall be signed by the owner of the boardinghouse, rooming house, lodging house, multifamily dwelling, group dwelling, mobile home court, tourist accommodation or bed-and-breakfast, and the statements of such owners therein contained shall be verified under oath.
§ 250-49 Fees.
A nonrefundable permit application fee set from time to time by the Town Board in Article XVII, Fees, shall be paid upon filing an application for a permit. A nonrefundable permit renewal fee also set by the Town Board shall be paid upon filing an application for renewal.
§ 250-50 Review of permit application; registry; posting.
A.
Review. The Town Building Inspector shall review each application for completeness and accuracy and shall make an on-site inspection of the proposed boardinghouse, rooming house, lodging house, multifamily dwelling, group dwelling, mobile home court, tourist accommodation or bed-and-breakfast. If satisfied that the proposed use and premises comply fully with all applicable laws, rules and regulations of the state, county and Town, including local laws and ordinances, and that such proposed use would not create an unsafe or dangerous condition or create an unsafe or substandard structure or create a nuisance to adjoining or nearby properties, the Town Building Inspector shall issue the permit or permits applied for.
B.
Registry. It shall be the duty of the Town Building Inspector 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 dwelling units/rooms at such street address and the date of expiration of permit for such unit. Such registry shall be kept available for public inspection during regular business hours at the office of the Inspector.
C.
Posting. The permit containing the number of dwelling units/rooms and the names and addresses and phone numbers of the owner and premises manager shall be conspicuously posted at or near the principal entrance.
§ 250-51 Term of permit; renewal; enlargement.
A.
Term. All permits issued pursuant to this chapter shall be valid for a period of one year from the date of issuance and may be renewed for additional one-year periods as provided in Subsection B of this section.
B.
Renewal.
(2)
A renewal permit shall be granted unless the Town Building Inspector finds there is reasonable cause not to renew. The Inspector shall notify the applicant of there being reasonable cause not to renew. Within 10 working days the applicant may request a hearing before the Inspector. During this hearing process, the applicant will be issued a temporary permit which shall expire 60 days after the final decision of the Inspector.
(3)
The aforesaid hearing shall be public, and the applicant may be represented by counsel and shall be able to call witnesses on his or her behalf. The Inspector shall act as Hearing Officer and, in his or her discretion, may decide not to renew the permit if, upon substantial evidence, the Inspector determines that the subject boardinghouse, rooming house, lodging house, multifamily dwelling, group dwelling, mobile home court, tourist accommodation or bed-and-breakfast is either a nuisance to neighboring or adjoining property or is not in compliance with all required state, county and Town laws, ordinances, rules and regulations.
C.
Enlargement. Any enlargement of an existing boardinghouse, rooming house, lodging house, multifamily dwelling, group dwelling, mobile home court, tourist accommodation or bed-and-breakfast shall require a full review under this section.
§ 250-52 Inspections; search warrants.
A.
Inspections. The Town Building Inspector or his or her designee is authorized to make or cause to be made inspections, from time to time, to determine the condition of any boardinghouse, rooming house, lodging house, multifamily dwelling, group dwelling, mobile home court, tourist accommodation or bed-and-breakfast and to safeguard the health, safety and welfare of the public. The Town Building Inspector or his or her designee is authorized to enter, upon consent of the owner or occupant, any rental unit and the premises in which the same is located at any reasonable time. Unconsented entries and entries at unreasonable hours may be made upon warrant duly issued by a justice of the Town Court of the Town of Mount Hope. All applications and renewals shall be granted only after an inspection.
B.
Search warrants. The Town Building Inspector or his or her designee is authorized to make application to the Town Court of the Town of Mount Hope for the issuance of a search warrant to be executed by a Town constable, state trooper or other law enforcement officer where there exists reasonable justification for an inspection to be conducted pursuant to this chapter or where there is reasonable cause to believe that there has occurred or is occurring a violation of this chapter, of the Multiple Residence Law, of the New York State Uniform Fire Prevention and Building Code or of the Town of Mount Hope Zoning Law. The application for a search warrant shall, in all respects, comply with applicable laws of the State of New York.
§ 250-53 Notification of permit violations.
The Town Building Inspector shall notify a permit holder of reasonable cause to believe the permit has been violated in any of the following ways:
A.
The permit holder has caused, permitted, suffered or allowed to exist and remain upon the premises for which such permit has been issued for a period of 10 days or more after written notice has been given to the permit holder or the managing agent of such rental unit a violation of the Multiple Residence Law, the New York State Uniform Fire Prevention and Building Code or of the Town of Mount Hope Zoning Law.
§ 250-54 Unlawful acts.
It shall be unlawful and a violation of this chapter and an offense within the meaning of the Penal Law of the State of New York for any person to:
A.
Operate a boardinghouse, rooming house, lodging house, multifamily dwelling, group dwelling, mobile home court, tourist accommodation or bed-and-breakfast without a permit.
B.
List, solicit, advertise or offer, exhibit or show to any person a dwelling unit/room in a boardinghouse, rooming house, lodging house, multifamily dwelling, group dwelling, mobile home court, tourist accommodation or bed-and-breakfast located within the Town of Mount Hope for the purpose of bringing about the rental thereof where no currently effective permit has been issued in respect of such dwelling unit/room as herein required. No violation of this section shall occur if the person is licensed by New York State as a real estate broker or real estate salesman and is acting solely in that capacity.
C.
Accept a deposit of rent or security or a commission in connection with the rental of a rental unit in a boardinghouse, rooming house, lodging house, multifamily dwelling, group dwelling, mobile home court, tourist accommodation or bed-and-breakfast located within the Town of Mount Hope where no currently effective permit has been issued in respect of such rental unit as herein required. No violation of this section shall occur if the person is licensed by New York State as a real estate broker or real estate salesman and is acting only in that capacity.
D.
Sell a boardinghouse, rooming house, lodging house, multifamily dwelling, group dwelling, mobile home court, tourist accommodation or bed-and-breakfast which does not have a permit under this chapter.
E.
In the event that a person convicted of a violation of Subsection A(4) of this section shall have been a real estate broker or sales person licensed by the State of New York at the time such violation was committed, it shall be the duty of the Town Clerk to transmit a record of such conviction to the Division of Licensing Services of the Department of State and to make complaint thereto against such licensee on behalf of the Town pursuant to the provisions of Article XIIA of the Real Property Law.
§ 250-55 Penalties for offenses.
A violation of any provision of this article of this chapter shall constitute an offense within the meaning of the Penal Law of the State of New York, punishable as provided for in this chapter. A fine of no less than $250 and no greater than $500 for a first offense and/or up to 15 days in jail shall be imposed upon conviction, and a fine of no less than $500 and no greater than $1,000 and/or up to 30 days in jail shall be imposed for conviction of a second or subsequent offense.