Westbury City Zoning Code
ARTICLE XXXII
Rental Dwelling Units
§ 248-281 Legislative intent.
The Board of Trustees has determined that there exists in the Village of Westbury serious conditions arising from rental of dwelling units that are substandard or in violation of Chapter 79, Building Construction, Chapter 83, Building Rehabilitation, Chapter 112, Electrical Standards, Chapter 124, Fire Prevention, and Chapter 184, Plumbing and Drainage, and other codes and ordinances of the Village, are inadequate in size, overcrowded and dangerous, that such dwelling units pose hazards to life, limb and property of residents of the Village and others, tend to promote or encourage deterioration of the housing stock of the Village, create blight, excessive vehicle traffic and parking problems and to overburden municipal services. The Board finds that current Code provisions are inadequate to halt the proliferation of such conditions and that the public health, safety, welfare and good order and governance of the Village will be enhanced by enactment of the regulations set forth in this article, which regulations are remedial in nature and effect.
§ 248-282 Applicability; more restrictive provisions to prevail.
A.
Scope. This article shall apply to all rental dwelling units located within the Village, whether or not the use and occupancy thereof shall be permitted under the applicable use regulations for the zoning district in which such rental dwelling unit is located, as in this chapter provided.
B.
Applicability. The provisions of this article shall be deemed to supplement applicable state and local laws, ordinances, codes or regulations, and nothing in this article shall be deemed to abolish, impair, supersede or replace existing 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 article and any applicable state or local laws, ordinances, codes or regulations, the more restrictive or stringent provision or requirement shall prevail.
§ 248-283 Permit required.
It shall be unlawful and a violation of this article and chapter for any person who owns a dwelling unit in the Village 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 permit for such rental occupancy from the Building Department of the Village as hereinafter provided.
§ 248-284 Application for permit.
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 persons under and over the age of 18 presently residing in or occupying such premises intended for rental occupancy.
[Amended 7-2-2015 by L.L. No. 5-2015]
(4)
The number of rooms in the structure and in each proposed rental dwelling unit therein, the dimensions of each room and a description of the present use or uses thereof, if any.
(5)
A description of each dwelling unit intended to be established, used or occupied for rental occupancy in the premises, including the number of dwelling units, and the number of persons intended to be accommodated by and reside in each such dwelling unit.
(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 public liability insurance for the owner 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 owners therein contained 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.
E.
In the case of a condominium unit, the application shall be accompanied by a scale drawing or floor plan of the condominium unit, in lieu of a survey or site plan.
§ 248-284.1 Permit information exempt from disclosure.
[Added 7-2-2015 by L.L. No. 5-2015]
The portions of rental permit applications and rental permits which refer to the information contained in § 248-284B(3) herein shall be exempt from disclosure under the Freedom of Information Law[1] on the grounds that such disclosure would constitute an unwarranted invasion of personal privacy pursuant to § 87(2)(b) of the Freedom of Information Law. The Building Department shall institute such policies as necessary to ensure that such information is available only to Village personnel who have need of such information in connection with their official duties.
§ 248-285 Fees.
[Amended 12-2-1999 by L.L. No. 3-1999]
A.
Permit application fee. A nonrefundable permit application fee, per dwelling unit, in an amount as set from time to time by resolution of the Board of Trustees, shall be paid, upon filing an application for a permit.
B.
Permit renewal fee. A nonrefundable permit renewal fee, per dwelling unit, in an amount as set from time to time by resolution of the Board of Trustees, shall be paid, upon filing an application for renewal.
§ 248-286 Review of application.
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 laws of the state and local laws, ordinances, rules and regulations of the county and Village, and that such rental dwelling unit or units would not create an unsafe or dangerous condition, or create an unsafe or substandard structure as defined in Chapter 83, Building Rehabilitation, or create a nuisance to adjoining or nearby property, the Code Enforcement Officer shall issue the permit or permits applied for.
§ 248-287 Term of permit; renewal.
All permits issued pursuant to this article shall be valid for a period of two years from date of issuance and may be renewed for an additional two-year period. The renewal applications containing substantially the same information required by § 248-284 of this article upon forms to be furnished by the Building Department, upon approval of such renewal applications, as provided in § 248-286, and upon payment of the renewal permit fees specified in § 248-285 hereof.
§ 248-288 Register of permits.
It shall be the duty of the Code Enforcement Officer to maintain a register of permits issued pursuant to this article. 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 permit for such unit. Such registry shall be kept available for public inspection during regular business hours at the office of the Building Department.
§ 248-289 Additional criteria for granting of permits.
A.
Smoke detectors. No permit shall be issued or renewed until the Code Enforcement Officer shall inspect the rental dwelling unit to determine that it is equipped with a functioning smoke detector device, approved as to design by the Uniform Fire Prevention and Building Code or applicable Fire Prevention Code of Nassau County, if any, or conforming to standards of the New York State Board of Fire Underwriters, if any, or, if none, approved by the Code Enforcement Officer.
[Amended 12-2-1999 by L.L. No. 3-1999]
B.
On-site parking. The premises shall provide a minimum of one on-site parking space for the structure in which the rental dwelling units are to be located and one additional on-site parking space for each proposed rental dwelling unit therein. Such parking spaces shall be paved with asphalt, concrete or other similar materials. The applicant for a rental dwelling unit permit shall be excused from complying with the requirement to provide such minimum number of on-site parking spaces, to the extent that compliance therewith shall not be possible due to the size, configuration, topography or structure coverage of the plot on which such buildings or structure is located. However, where partial compliance with such on-site parking requirements shall be possible, the applicant shall make such partial compliance with such on-site parking requirements as is possible, given the size, configuration, topography or structure coverage of the plot. The provisions of such on-site parking shall not be required in the case of an existing building or structure that is a multiple dwelling, containing four or more rental dwelling units, as defined in the Multiple Residence Law, unless otherwise required by law.
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.
[Amended 5-16-1991 by L.L. No. 1-1991]
§ 248-290 Inspections.
The Code Enforcement Officer is authorized to make, or cause to be made, inspections, from time to time, to determine the condition of rental dwelling units and to safeguard the health, safety, morals and welfare of the public. The Code Enforcement Officer is authorized to enter, upon consent of the owner or occupant, any rental dwelling unit and the premises in which same is located, at any reasonable time during daylight hours, or at such other time as may be necessary in an emergency without consent of the owner or occupant for the purpose of performing his duties under this article. It shall be a condition of each rental occupancy permit, expressly stated therein, that the Code Enforcement Officer shall have the right to inspect each permitted rental dwelling unit during the term of the permit, in accordance herewith, for the purpose of performing his duties under this article.
§ 248-291 Application for search warrant authorized.
[Amended 3-6-2014 by L.L. No. 3-2014]
The Code Enforcement Officer is authorized to make application to the Village Justice Court of the Village of Westbury or the District Court of Nassau County 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 article 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, the Nassau County Fire Prevention Ordinance or Chapter 83, Building Rehabilitation, Chapter 112, Electrical Standards, Chapter 124, Fire Prevention, Chapter 173, Oil Burners, Chapter 184, Plumbing and Drainage, or Chapter 187, Property Maintenance, of this Village has occurred. The application for a search warrant shall, in all respects, comply with applicable laws of the State of New York.
§ 248-292 Revocation of permit.
A.
The Code Enforcement Officer shall revoke a rental dwelling permit where it appears that the permit holder has:
(1)
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 dwelling unit, a violation of the Multiple Residence Law, New York State Uniform Fire Prevention and Building Code, the Nassau County Fire Prevention Ordinance, or a violation of this chapter or of Chapter 83, Building Rehabilitation, Chapter 112, Electrical Standards, Chapter 124, Fire Prevention, Chapter 173, Oil Burners, Chapter 184, Plumbing and Drainage, or Chapter 187, Property Maintenance, of this Village; or
(2)
Has refused permission to the Code Enforcement Officer, after written request, to make an inspection at reasonable times, or, in an emergency at any time, of the premises in which such rental dwelling unit as been permitted, to determine the condition of same or otherwise to discharge the duties of such Code Enforcement Officer under this article.
B.
An appeal from such revocation may be taken by the permit holder to the Board of Trustees, by written request, made within 30 days from the date of such revocation. The Board of Trustees shall hold a public hearing on such appeal within 30 days after receipt of written notice of such appeal and after such hearing may make written findings, conclusions and decision either sustaining such permit revocation or reinstating such permit within 30 days after close of such public hearing.
§ 248-293 Unlawful acts. [1]
A.
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:
(1)
List, solicit, advertise or offer, exhibit or show to any person, a rental dwelling unit located within the Village of Westbury, for the purpose of bringing about the rental thereof, where no currently effective permit has been issued in respect of such rental dwelling unit by the Code Enforcement Officer of such Village, as herein provided.
(2)
Accept a deposit of rent or security, or a commission, in connection with the rental of a rental dwelling unit located within the Village of Westbury where no currently effective permit has been issued in respect of such rental dwelling unit, by the Code Enforcement Officer of such Village, as herein provided.
(3)
Publish a written listing, solicitation, advertisement or offer of offers to rent or lease a rental dwelling unit, unless that written listing, solicitation, advertisement or offer refers by number to a valid rental occupancy permit issued by the Village for the rental dwelling unit in question. For purposes of this section, "publish" means to promulgate to the general public or to selected segments of the general public, in a newspaper, magazine, flyer, handbill, mailed circular, bulletin board, sign or any electronic media.
[Added 7-2-2015 by L.L. No. 5-2015]
B.
In the event that a person convicted of a violation of Subsection A 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 Village 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 Village, pursuant to the provisions of the Real Property Law.
[Amended 12-2-1999 by L.L. No. 3-1999]
[1]
Editor's Note: Section 3 of the local law enacting this section also provided that "This local law shall take effect immediately upon compliance with the applicable filing provisions of the Municipal Home Rule Law and the Village Law, except that the provisions of § 248-201.14 shall take effect six months after the effective date of this local law."